What is the Difference Between Police Brutality and Excessive Force?
When it comes to interactions with law enforcement, understanding your rights and the boundaries of police conduct is crucial. One common issue that arises is the difference between police brutality and excessive force. These terms are often used interchangeably, but they have distinct meanings in the legal world. At the Law Offices of Dale K. Galipo, our team of Los Angeles police misconduct lawyers can help you fight for justice when the justice system has mistreated you. Call us at 818-347-3333 to schedule a time to meet.
Police brutality is a term that captures a range of wrongful actions by police officers that go too far or abuse their power. It can manifest in physical harm, such as hitting or using weapons when it’s not necessary, but it doesn’t stop there. Verbal attacks, intimidation tactics, and any other behavior that unjustly harms or threatens people also fall under this category. This behavior not only inflicts immediate pain and fear but can leave lasting psychological scars and, in the worst cases, lead to death. What makes police brutality particularly troubling is its violation of the Fourth Amendment, a cornerstone of American freedom that guards against unjust treatment and abuses of power by the government. Unfortunately, people are often so misguided by the police officers that brutalize them that they don’t know that they’ve been mistreated and that they are entitled to the help of a police misconduct attorney.
Excessive Force as a Form of Police Brutality
Excessive force stands out as a specific kind of police brutality. It’s what happens when law enforcement uses more force than necessary in situations like making an arrest or managing a protest. It’s about crossing the line from what’s needed to keep a situation under control to actions that can hurt people unnecessarily. Historically, it’s been very difficult to figure out when something is a justified response to a threat of violence and when something is excessive force. Police officers have largely escaped judgment and punishment for excessive force by claiming that they were acting in fear for their own lives. However, the tide is finally turning, and people realize that police must be held to certain standards of appropriate behavior. That’s where our team of police misconduct lawyers steps in to help.
Legal Standards and Protections
In America, police officers have rules they must follow when deciding to use force. The Supreme Court says there’s a rule called “objective reasonableness.” This means an officer’s use of force must match the situation. For example, if someone is not posing a significant threat, the police shouldn’t use a disproportionate amount of force. To use an extreme example, if someone gives the middle finger to the cops, it would be unreasonable for the police to shoot them. It would actually be unreasonable to use any sort of physical force in this scenario, as the person’s actions may seem rude, but they are not dangerous.
The force used shouldn’t break a person’s constitutional rights, which are the fundamental rights everyone in the country has. If someone feels they’ve been hurt by police brutality or excessive force, they can turn to specific laws designed to protect them with the help of a police misconduct lawyer.
Figuring Out Where Your Case Fits
If you think you’ve been hurt by police brutality or excessive force, the first step is to gather as much evidence as you can. This means writing down everything that happened, while it’s still fresh in your mind. Look for people who saw what happened and ask if they can describe what they saw. If there are any videos or pictures, save them. If you’re hurt, it’s important to see a doctor, not just for your health, but also to have a record of your injuries.
After you have all this information, it’s a good idea to talk to a police misconduct attorney. They can guide you through the process, from filing a complaint to going to court if that’s what you decide to do. They’re there to help make sure your side of the story is heard and that you’re treated fairly throughout the process.
Protect Your Rights With the Law Offices of Dale K. Galipo
The police do not have free rein to treat the public however they choose. If you’ve been victimized by law enforcement, our police misconduct law firm in Los Angeles is here to help you pursue justice. Contact us online or call us at 818-347-3333 to schedule a time to meet.
