Law enforcement has the duty to protect and serve. To accomplish this, law enforcement officers are given a wide range of powers. Beginning with the United States Constitution, however, many laws limiting police power have also been enacted to protect individuals from possible violations of their civil liberties. Importantly, these laws guard against abuses sometimes perpetrated by government officials, including police misconduct. The Beverly Hills civil rights and police misconduct attorneys at Cavalluzzi & Cavalluzzi represent individuals throughout Los Angeles County whose civil rights have been violated by police misconduct.
Police officers are protected by the law and immune from prosecution when their performance falls within the scope of their sworn duties. This means that if an officer stops and questions an individual, it is not an infringement of the individual's civil rights, even if he or she experiences emotional distress as a result of the encounter. As long as officers display reasonable and lawful conduct and can demonstrate probable cause, they are immune to allegations of police misconduct.
The most common allegations pursued by our Beverly Hills civil rights and police misconduct attorneys in Los Angeles courts include the following:
Police officers are permitted to use force when necessary, and even deadly force in extreme circumstances. The specifics of each situation dictate whether the use of force is required. It is reasonable to expect officers to defend themselves against an armed suspect. However, an individual who is pulled over for speeding and forcibly removed from his vehicle in spite of his compliance may have grounds for a police misconduct claim. Whatever the circumstances or the officer's intent, any use of force must be reasonable with respect to the situation in which it is used. Because excessive force can result in serious injury or death, police officers must be held accountable for their conduct.
If you have been a victim of this type of police misconduct, the Beverly Hills civil rights attorneys, Michael Cavalluzzi and Maria Cavalluzzi, will aggressively pursue the justice you deserve.
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The actions and judgment of police are guided by the law. When officers allow the execution of their duty to be influenced by personal or monetary gain, they are acting outside the limits of their authority. Bribery is a serious charge that compromises the integrity and impartiality of law enforcement.
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The Fourth Amendment to the Constitution protects citizens against improper search and seizure. In order for a police officer's search of private property to be lawful and for any evidence found in the process to be admissible in court, a warrant must be produced or probable cause demonstrated.
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False arrest is one of the most common accusations leveled against law enforcement officers, often arising from an individual's assertion that evidence against him was discovered in violation of his Fourth Amendment civil rights. In false arrest claims, it must be demonstrated that the arresting officer did not have probable cause. The facts of the case must be such that a reasonable person would believe that a crime had been committed.
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Police officers are also responsible for protecting citizens from the misconduct of other officers. If an officer witnesses a colleague violating an individual's civil rights and does nothing, he or she can be held liable for failing to intervene.
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To defend against potential police misconduct claims, law enforcement officers are protected under qualified immunity. This defense exists to enable officers to enforce the law without fear of legal prosecution. To overcome a qualified immunity defense in a civil rights claim, individuals alleging police misconduct must prove that police acted outside the reasonable limits of their authority, violated their constitutional rights, and inflicted injury upon them or caused damage to their property.
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Charges of police misconduct can have devastating effects on the relationship between law enforcement and the individuals they are sworn to serve and protect. Apart from the general distrust of the police that often results when allegations become public, police misconduct and civil rights violations can lead to the following problems for victims:
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Time is critical in police misconduct/civil rights claims, and there are several immediate steps that should be taken to ensure the best possible outcome for your case:
But most importantly, you need the assistance of an experienced lawyer. The Beverly Hills civil rights and police misconduct attorneys at Cavalluzzi & Cavalluzzi are skilled trial lawyers dedicated to preserving victims' rights.
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Charges of police misconduct and civil rights violations can be difficult to prove. Success in these cases depends on successful presentation of the evidence and an intimate knowledge of the legal system. Our Beverly Hills civil rights and police misconduct attorneys are renowned throughout Los Angeles County for their skill and integrity. Contact Cavalluzzi & Cavalluzzi today for the experience you need and the justice you deserve.
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Our Beverly Hills civil rights and police misconduct attorneys have successfully represented individuals throughout Los Angeles County. Contact Cavalluzzi & Cavalluzzi for the experience you need and the justice you deserve.
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Law Offices of
Cavalluzzi & Cavalluzzi
9200 Sunset Blvd. #807
Los Angeles, California 90069
Phone: (866) 623-0004
Fax: (310) 246-2606