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Police misconduct and excessive force are a problem for victims

You wanted to have a fun time with friends during the holiday weekend, so you stayed out later than usual. You knew more police would be on the roads and walking the neighborhoods because of the busy festivities, but you didn't expect one to stop you to question you.

As long as an officer is respectful of you when he or she approaches, there is usually no problem. However, in this case, you were directly accused of a crime you had no knowledge of and arrested on sight.

Are you a victim of police misconduct?

Police misconduct covers a range of actions. One includes failing to have probable cause. When an officer arrests you with probable cause, he or she is legally within his or her rights. However, if you can show that the officer had no probable cause, then you can show that you were falsely arrested.

In your case, the officer knew he was looking for a young ethnic person who had robbed a local store. Your clothing did not match the description, but the officer claimed you looked like you were trouble. That's not a good enough reason to arrest someone.

Can you file a claim against the officer for excessive force?

To prove excessive force, you have to show that the officer used more force than necessary during your interaction. For example, if you are willingly going with the officer, talking to him or her and cooperating, there is no reason for the officer to pin you to the ground or pull out a gun.

Determining excessive force is highly dependent on the situation and circumstances of an arrest. If the officer went too far, then he or she can be accused of excessive force.

It can be hard to handle a false arrest, and you may feel you were not treated fairly. Fortunately, the truth does usually make itself known in these situations, helping people like yourself get back to your normal life.

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