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The Basics - Police Brutality – The Fine Line Between Protection and Misconduct

6/18/2016

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Police officers are empowered with certain rights and obligations to uphold and enforce the law. Society has recently called into question the age old notion of “protect and serve”. As more and more cases of police brutality are reported and spread across media outlets, debates over how much force an officer should use have ensued. While police officers have the right to use appropriate force to control dangerous situations, civil rights laws provide remedies when willful police conduct violates an individual’s civil liberties. The fine line rests between the appropriate amount of force and police misconduct in a particular situation.

Understanding the Rules

The Chicago Police Rules and Regulations state that the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled. Officers are permitted to use whatever force is reasonable and necessary to protect others or themselves from bodily harm. The law also states that the use of excessive and unwarranted force or brutality will not be tolerated under any circumstances. In the wake of several recent cases of police misconduct, it’s important for Chicago citizens to understand legal rights and remedies when stopped and questioned by a police officer. Police officers cannot search your vehicle without permission. You have the right to ask for a lawyer and to be protected by your Constitutional rights.

While citizens have the right to protection from misconduct, police officers have rights to stop and question suspects. Respect and cooperation is suggested. However, if your rights are violated, always write down the officer’s name and badge number. If you are injured, seek medical attention and take photos of the injury as soon as possible. Lawyers like [name of the client] can support you in your effort to seek remedy for violation of your rights

Beyond mere remedial efforts, the City of Chicago is taking recent events into account as officials seek reform. In an effort to better scrutinize issues of police misconduct, Chicago passed a new mandate requiring police officers to issue “stop receipts” after approaching someone. This mandate, amongst law enforcement reforms, have bi-partisan support and the backing of police unions. These measures are a positive step in the path to justice.

Chicago Civil Rights Attorneys

​If you or a loved one feel a police officers has used unjustifiable force in an encounter, please contact our office today to see how we can  help. Our Chicago police misconduct  lawyers have years of experience in police misconduct and civil rights cases. We will discuss the facts of your case with you and explore whether you may have a civil rights claim.

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  • Home
  • About
  • Attorneys
    • Ian M. Barney, Partner
    • Justine Hourihane, Partner
  • Areas of Practice
    • Civil Rights
    • Appeals
    • Litigation Support
  • Contact
  • Blog
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