When you are charged with any crime, you have the right to a fair trial. However, before you even get to the courtroom, you might find errors by police that make your charges invalid. Understanding what these mistakes and omissions look like is critical to protect your rights and the rights of others. What are some of the most common errors by police?
Conducting a Search, Stop, or Arrest Without Consent, Probable Cause, or a Warrant
Police officers can only complete a stop, search, or arrest when certain conditions are met. This is to prevent innocent people from being unnecessarily stopped despite doing nothing suspicious or wrong. Not satisfying the standard for probable cause, getting consent, or having a warrant are some of the most common errors by police. What are some examples of situations where police could complete a search, stop, or arrest?
- You are seen running from a gas station holding a weapon
- You are observed completing a transaction on the street with a known drug dealer
- Someone in the area just robbed a bank driving a black Ford wearing a black hoodie and you are wearing a black hoodie and driving a black Ford
- You have been pulled over and gave consent for the police to search your car
You cannot simply be stopped because you look suspicious or are of a specific ethnicity.
Coercion and Involuntary Statements
Another one of the most common types of errors by police is coercion. Many people think that coercion just occurs when police engage in physical violence to get a confession. However, coercion and involuntary statements can occur in many different situations. For example, if you are in serious pain after being wounded and not in your right mind and the police officer continues questioning you, you may have made an involuntary statement. If your free will is overcome during your statement, a case may be made that your statement was involuntary. Some of the other factors that are considered include:
- Interrogation at gunpoint
- Length of the interrogation
- Threats or implied threats of no bathroom break, food, or sleep
- Questioning while you are under the influence
- Physical assault
Working with your attorney will ensure that your rights are protected.
Incomplete Police Reports
Police officers are required to complete reports as part of their job. However, they are also some of the most common errors by police. Some officers rush through the reports and leave them incomplete or missing critical details. For example, if there is no information about weather conditions, witness statements, evidence, how the crime scene was secured, or the description of the vehicles that were involved, the report may not have sufficient information for a conviction. Your attorney can examine the report and ensure that the report is not missing critical facts that might paint a different picture.
Learn More About Protecting Your Rights from The Law Office of Elizabeth Anu Lawrence
If you are concerned about potential errors by police in your case, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.