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Police Misconduct and Illegal Searches – What YOU need to know

By April 26, 2016Criminal Defense

One of the most common questions that the team here at Whitney S. Boan, P.A. gets asked is “how many police officers commit misconduct and act in a fraudulent way, and can their actions affect my case?” The answer is hard to quantify, but one thing is for certain – the rare few officers who do choose to act in a dishonest way are a threat to the justice system in this country, and they can affect your rights. Read ahead to learn more about police misconduct, illegal searches and how they can affect you and your case.

Most law enforcement officials in the United States are honest, hard working and fair, doing their job to the letter of the law – but it is naïve to deny that there is the rare individual in this profession who does indeed commit misconduct when it comes to the crimes that they are investigating. These outliers are dangerous; not only do they undermine the credibility of other honest police officials, they can completely ruin the lives of the individuals that they wrongfully accuse and frame.

Sadly, some police officers destroy or hide evidence, some detectives do not testify honestly, and other law enforcement officials improperly influence witnesses and even manufacture testimony on the stand according to what they want the outcome to be. This is a shameful miscarriage of justice, but does occur more than most would like to admit.

Can Police Misconduct be a Basis for an Innocent Verdict?

As defense attorneys, the team at Whitney S. Boan, P.A. has an important job to do. We must raise reasonable doubt in the minds of each member of the jury, and once we have achieved this task we can exonerate our client. When we are handling a case in which the law enforcement officials tasked with the case have acting in a dishonest or criminally negligent way, we are able to raise this information with the jury. This can help to build sufficient reasonable doubt in their minds, resulting in a hung jury or, in the best case, an acquittal.

Police Misconduct as the reasons for an appeal

Even if you have been found guilty of a criminal offense, the chance to raise the possibility of police misconduct has not passed. Criminal convictions are subject to appellate review, and during this process we are able to bring this miscarriage of justice to light. We can highlight the possibility that:

  • The police gave false testimony during trial
  • The police improperly handled evidence during the investigation of your case
  • The police coerced witnesses during or before your trial
  • The police suppressed evidence that could have proved your innocence or cast doubt on your guilt

If any of these are a possibility, the team at Whitney S. Boan, P.A. are able to uncover the truth and help you to overturn your conviction. Don’t delay – call or contact us today.