Police Misconduct And Criminal Defense

Police misconduct and overreach are potential issues to examine in building a strong criminal defense. In a perfect world, the police would only go as far as the law allows, and no further, in investigating or arresting any person. As we in Missouri know well, this is far from reality, and your treatment by police could heavily impact your case.

At Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, our attorneys have extensive experience with criminal law and issues of police misconduct. They understand the stakes of the charges against you and how police actions violate your rights. Our lawyers want you to know how this can impact your case and how they can make this work as part of your defense. When it comes to the police and your case, there are some key facts you should remember, below.

Police Have Many Powers, But They Aren’t Endless

There is no getting around the legal powers of a police officer in any sense. They have wide authority to search people based on the principle of “probable cause.” Probable cause is the thought that if an officer has reasonable suspicion that a crime was committed, then they can conduct a search. This is the primary reasoning behind most car searches and drunk driving arrests.

However, probable cause has its limits, and police routinely cross those limits when conducting searches. Those searches may produce damning evidence, but if it comes from an illegal search, then it is not usable.

What To Do If A Police Officer Illegally Searches Your Vehicle

You won’t know if a police officer is searching for your vehicle, person or home illegally in the moment, so there is nothing you can do. Even if you deeply suspect that this is the case, you should still refrain from taking action during the search. Confronting an officer who may or may not be in the middle of violating your rights can lead to your arrest – at best – and possible injury.

Reach Out To Us For Help

The best thing you can do is voice your objections and catalog the encounter. Then, you will want to call us to get the help you deserve to defend your rights. Reach out to our office in Springfield today by calling 417-413-5858 or sending us an email.