When facing criminal charges, it’s important to understand your rights and recognize when law enforcement may have overstepped their legal boundaries. While police officers are entrusted to uphold the law, they sometimes engage in actions that violate constitutional rights. These violations can lead to evidence being deemed inadmissible in court, and in some cases, the dismissal of charges.
Common Illegal Police Actions
- Unlawful Searches and Seizures – The Fourth Amendment protects individuals from unreasonable searches and seizures. Police officers must have probable cause or a valid warrant to search your property. Evidence obtained without proper legal authority—such as searching your car, home, or person without consent, a warrant, or probable cause—may be excluded from court under the exclusionary rule.
- Coerced Confessions – Police interrogations are subject to strict guidelines to prevent coercion. If an officer uses physical intimidation, threats, or psychological pressure to obtain a confession, it may violate the Fifth Amendment. Coerced confessions can be thrown out in court, as they are not considered voluntary or reliable.
- Failure to Read Miranda Rights – When an individual is taken into custody to be questioned, they must be informed of their Miranda rights, including the right to remain silent and the right to an attorney. If police fail to provide this warning before conducting a custodial interrogation, any statements made may be inadmissible in court.
- Entrapment – What is entrapment in law? Entrapment occurs when law enforcement pushes a person to commit a crime they would not have otherwise committed. This defense is particularly relevant in cases involving undercover operations, such as drug sales or solicitation. In New Jersey, proving entrapment requires demonstrating that the police went beyond merely providing an opportunity to commit a crime. They must have used undue persuasion, coercion, or other means to instigate illegal behavior. For example, if an undercover officer persistently pressures someone to sell drugs and that person eventually complies out of frustration, this could be considered entrapment. It is critical to differentiate entrapment from legal sting operations, where police simply present an opportunity for a crime to occur. A skilled criminal defense attorney can help establish whether entrapment played a role in your case.
- Excessive Use of Force – Police are only permitted to use the amount of force necessary to carry out their duties. Excessive force not only violates your rights but can also lead to criminal charges against the officers involved. Evidence obtained during an incident involving excessive force may be called into question.
- Fabricating Evidence or Testimony – Tampering with evidence or lying under oath is a serious breach of legal and ethical standards. If it can be shown that police fabricated evidence or provided false testimony, it can undermine the entire prosecution’s case.
Contact a Criminal Defense Lawyer to Protect Your Rights
If you believe your rights have been violated during an arrest or investigation, consult an experienced criminal defense attorney immediately. They can review the circumstances of your case, identify potential police misconduct, and fight to have unlawfully obtained evidence excluded from court. In New Jersey, defense attorneys are well-versed in addressing issues like entrapment and other overreach tactics, ensuring your rights are safeguarded every step of the way.
