Excessive Force Can Result in a 4th Amendment Violation
The Fourth Amendment prohibits unduly right or excessively forceful handcuffing during the course of a seizure of a person. As a result, police officers can be held civilly liable for claims of excessive force regarding the handcuffing of suspects.
Claims of Undue Force in Federal Court
When reviewing excessive force with handcuffing claims against police officers, the 6th Circuit Court of Appeals will consider several factors to determine if there was a 4th Amendment violation, including the following: (1) whether the person complaint the handcuffs were too tight. (2) whether the officer ignored the complaints. (3) the length of detention. (4) whether the person experienced some physical injury.
“What happens if the court finds that police used excessive force?”
If police use excessive force with handcuffing or in any other manner, the judge can consider dismissing charges or suppressing evidence. Prosecutors fight vigorously to protect officers from excessive force claims, and it takes a savvy, influential, and respected lawyer to get a judge to listen to and meaningfully consider these allegations.
Attorneys Defending Against Fourth Amendment Violations
Constitutional law is always changing. This is why you need to have an attorney that is diligent with keeping updated on the current status of the law – this could make the difference between going to jail or not. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are forward thinkers, always current with the law, and always looking out for the best interest of our clients. Don’t hesitate to get in touch with us with any questions or problems you have. We are here to help. 4th Amendment violations, including excessive force with handcuffing, can result in suppression of evidence and dismissed charges.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.