Nov 18, 2025 | Civil Rights Law, Constitutional Rights, Police Misconduct
Although prisoners lose their right to go and do as they please, prisoners retain a right to safety, and there are state and federal laws that protect those rights. These laws also aim to prevent detention officers and officials from abusing or failing to protect the prisoners under their watch. Failure to protect is one of the ways prison officials can be deliberately indifferent and violate a prisoner’s Eighth Amendment rights.
What does “failure to protect” mean?
It’s common knowledge that jails and prisons are often dangerous places. And just because someone may have committed a crime does not mean they lose their basic rights to safety. Prisoner abuse typically involves a detention officer or staff member directly hurting a prisoner, often by using excessive force. Prisoner abuse can also include failing to take action to address a known risk to inmate health or safety. It can include things like denial of necessary medical care, or depriving them of food or other needs.
Failure to protect is when the detention officers and/or officials simply don’t protect the prisoners from violence or abuse despite being put on notice of a significant risk. When someone is in prison, they are at the mercy of the guards and rely on them for protection from other inmates. They have little control over their environment and are not allowed to protect or defend themselves the way they would outside of prison. Therefore, when put on notice, prison staff have a duty to take action in the face of known risks to inmate health or safety.
Prison officials may be violating the Eighth Amendment if they knew about a risk of assault by other prisoners but failed to respond, or if prison conditions or practices create an unreasonable risk of assault (for example, housing known enemies in the same pod together after one has made a threat against another).
Failure to protect includes failing to protect an inmate from:
- Themselves
- Other prisoners
- Hazardous conditions.
Failure to protect a prisoner from themselves
Prison is a harsh place, and prisoners can harm themselves just like others can harm them. Suicide remains a serious problem in jails and prisons. When an inmate expresses suicidal ideation or is otherwise at risk of harming or killing themselves, prison staff need to take that seriously. Prisoners should be provided with adequate mental health care, and prison staff should keep them on watch to be sure they don’t have access to things they might use to hurt themselves. But with any other Eighth Amendment claim, notice and deliberate indifference are required to prove a claim against specifically named individuals.
Estelle v. Gamble (1976) upholds a prisoner’s right to proper mental health care. The Supreme Court ruled that deliberate indifference to an inmate’s serious medical needs, including mental health treatment, can violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
Failure to protect from other prisoners
Violence between prisoners is all too common, and the prison staff is responsible for ensuring the safety of the prisoners from each other. This may include conducting frequent searches to ensure prisoners aren’t hiding weapons in their cells. It also includes segregating prisoners who are of greater risk, such as sex offenders or high-profile inmates, and being aware of gangs and other threats. Unfortunately, many detention officers often ignore some of these risks and permit prisoners to be harmed or killed. If detention officers can be shown to be deliberately indifferent, there may be a claim.
The key case addressing a prison’s obligation to protect inmates from harm by other prisoners is Farmer v. Brennan (1994). The Supreme Court held that prison officials can be held liable if they are deliberately indifferent to known risks of harm posed by other inmates.
Failure to protect from hazardous conditions
In addition to the threat of violence, prisoners often face harm from the prison itself. Environmental conditions like excessive heat and humidity have become a problem for prisons in the southern states, particularly Texas. “With the threat of another hot summer ahead, advocates asked a federal judge to declare 100-degree-plus conditions in uncooled Texas facilities unconstitutional.” (The Texas Tribune, April 22, 2024). However, the conditions must be so poor that they represent a danger to inmates to be actionable.
Many prisons also have problems with hazardous conditions like unhealthy water, air, or living spaces. Examples include toxic coal ash at SCI Fayette, a maximum-security prison in LaBelle, Pennsylvania, or arsenic-laced water at the Wallace Pack Unit in Navasota, Texas (Earth Island Journal, America’s Toxic Prisons). Whether it’s from excessive heat or unsafe water, prison officials have the responsibility under the Constitution to protect the prisoners under their care. Failure to do so may violate the rights of prisoners under the Eighth Amendment.
Putting prison officials on notice
Generally, to pursue a claim for failure to protect, you must identify specific government actors who failed to take action to address a known risk and provide evidence that you suffered harm (including pain or other physical injury) as a result. To do that, you must ensure that correctional staff are put on notice of any pending threats that present a serious risk to your health or safety. Thus, for example, if another inmate has threatened you, you should submit a custody issue form/request through the proper channels and ask that you be housed apart while describing the threats posed. If you are housed with a member of a gang that has had past conflicts with you or any group you might be a member of, you should point out this information and why it could create a risk to you. If any of the requests are denied, you should submit written grievances describing why the decision should be overturned when evaluated by a higher-level official, while emphasizing the risks anticipated by the failure to act (i.e., explaining your fear about another inmate’s ability to find and carry out a threat made you while you share time in common/open areas, etc.).
There are typically three levels of grievance review possible, and you should take advantage of every opportunity to have an official advocate for you, while also creating a paper trail of those who may deny your requests. Each of those who review and respond could be potentially liable if they fail to take reasonable action in the face of known risks. Also, the Prison Litigation Reform Act (PLRA) requires prisoners to exhaust their administrative remedies before they can sue, which requires exhausting the grievance process.
How we can help
The Civil Rights Litigation Group is committed to protecting prisoners’ rights. Our firm specializes in civil rights cases. If you or a loved one’s rights were violated while in prison, and they suffered an injury due to correctional staff’s deliberate indifference, call us for a free consultation.
Call the Civil Rights Litigation Group at 720-515-6165.
Oct 21, 2024 | Constitutional Rights, Police Misconduct
What are your rights when the police come to your home?
Whenever you encounter the police, knowing your rights is important, especially when they come to your home. Just because you are innocent of a crime doesn’t mean you can’t get in trouble. There are many places where you might encounter the police so know what they can and can’t do, and what you are allowed to do when interacting with them.
What can the police do at your home?
Police are generally allowed to go anywhere in public that other members of the public are allowed to go. This could involve stopping/driving on any roadways, making observations in public neighborhoods, or walking up to your front door to make an inquiry (often called a knock and talk). If the police knock on your door, the first thing to remember is to stay calm and treat them with respect – this goes a long way in keeping the interaction calm. Whatever reason they are there, you do not have to invite them in unless they have a warrant. Otherwise, it’s always best to just speak with them at your door and ask for their identification before doing so. If the police are simply there to ask if you witnessed a crime in the neighborhood or have seen someone like a missing child, you can choose to be helpful and let them know if you saw anything. Or you can simply tell them you have no helpful information to provide. If they do have a warrant, you have the right to request seeing it before letting them in. Be sure it is signed by a judicial officer and that it is specifically for your address. The warrant might also list specific areas they are allowed to search (or for specific items) and will have the name of the person, places, and things to be searched.
What should you do during a search of your home?
Again, remain calm and don’t escalate the situation if the police search your home. Remember that you have the right to remain silent as they will often ask you questions while searching. You do not have to answer any questions, and they can’t arrest you simply because you refuse to speak to them. You can also record what the police do during the search and take notes as long as you don’t interfere in what they are doing. Ask for each officer to identify themselves, their badge number, and give you a business card if they have one. Make note of anything they take and every room they search, as well as any damage they might cause to your home. Police are often allowed to ask you to step out of an area to be searched or, sometimes, even detain you for a period while a search is taking place. Don’t fight, just ask if you are required to as they ask, and then do so if required. You can always ask a lawyer later if the police command was justified or open to challenge. If they do end up arresting you at the end of the search, don’t resist, and remember to remain silent and ask for an attorney. If they read you your Miranda rights and you ask for an attorney, they can’t ask you any more questions without an attorney present. Even if you are innocent, it’s always best to have an attorney or a public defender present for any questioning. Remember that the police are very good at interrogating people and are allowed to lie about certain things.
What do you do if your rights are violated?
If you feel your rights have been violated during a search of your home, it’s even more important that you record all the details as they happen. Make sure you have all the information from the search, and you can file a complaint with internal affairs or a civilian complaint board (if your city has one). Beyond that, you can contact a law firm that specializes in civil rights cases regarding the police, and your rights while in your home or anywhere else. The Civil Rights Litigation Group has handled many cases against the police and can help you protect your rights. Call for a free consultation.
Call 720-515-6165 for a free consultation.
Feb 17, 2024 | Police Misconduct, Uncategorized
Most police officers exercise restraint when handling members of the general public, but there are times when a situation gets out of hand and citizens get hurt. The law allows the police some flexibility when dealing with or handling an uncooperative individual. Deadly or excessive force can be used if the officer feels he or she is being threatened (i.e., someone pointing a gun at them). But if physical force is unwarranted, it may be considered excessive force, and a violation of one’s civil rights.
Is it excessive force?
The police typically have qualified immunity involving arrest so that concerns of legal action don’t interfere with their ability to do their jobs. (However, those laws have changed in Colorado and police are now required to wear cameras and don’t always have immunity.) Police are allowed to use reasonable force when handling a combative individual, but only to the point of subduing the person for arrest. Legal protections for citizens are available if force becomes excessive or unreasonable. Section 1983 of the Civil Rights Act of 1871 forbids the police to restrict an individual of their civil rights under the Fourth Amendment of the Constitution.
Excessive force, as defined, is when a police officer is aggressive, forceful, and possibly threatens bodily harm when it’s unnecessary. For instance, if someone has cooperated with the police, either at a traffic stop or during an arrest (i.e., handcuffed and compliant), physical force or a weapon wouldn’t be necessary to restrain the individual. Continuing to physically subdue the individual after he or she has complied may constitute excessive force, particularly if the end result was severe injury or death.
What do you do if you are the victim of excessive force?
If you are the victim of excessive force, don’t answer any questions that aren’t required (i.e., like your name). Don’t speak unless absolutely necessary, such as asking for an attorney. If you have injuries, request medical attention immediately. Also, request that photos be taken of your injuries and included in the report. During all of this, don’t yell, become combative, threaten to sue, or say anything else about civil rights. Use your right to remain silent, because what you say really will be used against you later.
Gather evidence and build your case
You will need to prove your case of excessive force with facts and evidence, and you need to work quickly, so that none of this is lost or possibly destroyed.
1. Immediately create a written record of the event. Document everything, including day, time, circumstances, witnesses, and anyone who was with you. Don’t worry about formatting — you’re just documenting and organizing everything, and putting together a timeline to establish facts. Once you’re in court, you will be required to tell your story, clearly and exactly. Written and coherent documentation of the events will help you remember the details of your case.
2. Gather physical evidence. Pictures, video, a police report or citation, medical records (if required), any damaged property (i.e., torn clothes or damaged shoes) and anything else that’s relevant is evidence.
a. If you were injured, take pictures of your injuries and save them in a safe place (i.e., online photo storage, not just on your phone or hard drive)
b. Take pictures of any damaged personal property, and put the items away for safe keeping until they are needed.
3. Gather witnesses’ contact information. Witnesses who can verify and validate your story are crucial. An attorney may request a signed witness statement from them detailing what they saw. You need to document these facts as quickly as possible. Get copies of any videos that witnesses may have taken of the incident.
4. Take care of yourself first. If you were denied medical care in custody, go to the hospital and get checked out. Be sure to get copies of all your medial records. If you were charged with a crime, you’ll also need to find a defense attorney and take care of it. Document everything, including time off work, legal fees and other details.
What if I witness police using excessive force against another individual?
If you are a witness to police using excessive force, immediately document what you see, in as much detail as you can. Write down the time, date, place, and names if you can get them, along with any other relevant details you can remember. If you can take pictures or video, do so, and save them somewhere. Recalling the incident and going over it helps you remember specific details. You may be called upon to give testimony later, and a written account will go a long way in helping you to remember the details correctly.
Protect your civil rights in Denver
What can you do if you’re the victim of excessive force? You need an attorney who is knowledgeable about the laws and how they apply to the police. The Civil Rights Litigation Group has handled many of these kinds of cases and can help you. Contact the Civil Rights Litigation Group at (720) 515-6165 today for a free consultation.
Call us at at (720) 515-6165
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Jan 30, 2024 | Police Misconduct
When we think about police misconduct, most of us think of violence and unnecessary shootings because of what’s been portrayed in the media for the past few years. The use of camera phones to record police behavior has shone a light on how many officers abuse their power and violate citizens’ civil rights. But when you consider that the police department’s main task is to protect the citizens and uphold the laws of the state, many other types of police misconduct are overlooked.
Eventually, most everyone ends up in a situation dealing with the police and the majority of these will be harmless. And while most officers do behave appropriately, some of them do not. It is important to know your rights and what to do when they are violated.
What is police misconduct?
Identifying police misconduct can sometimes be difficult, especially in high-pressure situations when tensions and emotions are high. It can take many forms, from excessive use of force to unlawful arrests to abuse in jail and prison. It refers to inappropriate or unreasonable action taken by police officers while in the performance of their duties that violates a person’s constitutional rights. While the violation of police policies should be reported so that supervisors can ensure police officers stay within the boundary lines of the police agencies involved, the violation of your constitutional rights by a law enforcement officer is significantly more serious and often requires litigation to set the record straight and seek a remedy for the harms and injustice caused. Understanding what constitutes police misconduct can help you recognize when your rights have been violated and when you need to seek action.
Different forms of police misconduct
Unlawful stop or detention in violation of the Fourth Amendment
You have the right to be free from unreasonable searches and seizures and that includes the right to be free from arbitrary police stops. The police must have a valid reason, such as a valid and articulable suspicion that a crime or traffic violation is or is soon to be committed before they can legally stop you or detain you. There are also limits to the scope of a valid detention once initiated. Police are only allowed to detain you long enough to address the reason they stopped you in the first place. And if it’s determined you did nothing illegal, you should be allowed to go on about your business. Police cannot keep you detained to try to find a new and previously unknown reason to arrest you. And if the police are questioning you, you can always ask if you are being detained or arrested. If the answer is no, you should ask if you are free to leave, and if they say yes, you should leave immediately. You need not answer questions to leave.
Racial profiling or discrimination in violation of the Fourth or Fourteenth Amendment
Despite advancements in racial equality over the years, racism sadly still exists, and some police officers have racial biases that affect their decisions. When an officer stops, detains, searches, or arrests you based on your race, instead of having a reasonable and articulable basis to believe that you committed a crime, that is police misconduct and they are violating your civil rights. People of color experience this the most, often being pulled over or stopped on the street for no reason other than their race. It’s also a violation of your civil rights for the police to stop you because of your gender, sexual orientation, or other protected class characteristics. Officers will often provide a pretextual reason — a false reason to hide their true intentions — for an unlawful stop, detention, or search that was motivated by race. But pretextual justifications are invalid and must be challenged.
The Fourth Amendment provides citizens with the freedom from unreasonable intrusions by the government, and this includes police misconduct. This can happen when an officer searches you, your vehicle, or your home without probable cause. These types of intrusions always require that police have information amounting to probable cause to believe you committed a crime. Officers typically must have a warrant to search your vehicle or home, but there are more exceptions to this rule for vehicles than for homes. However, they don’t need a warrant when they legally arrest you, when an illegal item is in plain sight, when they make a legal traffic stop and have a valid reason to search (i.e. you appear to be intoxicated and they smell pot smoke), or when you give you consent. So, remember that if an officer asks to search you or your property, you have the right to say no. You can tell them your lawyer told you never to agree to a voluntary search.
Unlawful, false, or wrongful arrest in violation of the Fourth Amendment
An unlawful arrest is when the police physically seize and restrain you in a manner that leaves you without the reasonable belief that you can leave, without possessing sufficient legal justification. Officers need probable cause and/or a warrant based on probable cause to arrest you and take you into custody lawfully. If they act without it, they act in violation of the law and your civil rights.
Depriving you of your Fourteenth Amendment Rights without Due Process of Law
Citizens are guaranteed equal protection under the law and the government cannot deprive you of life, liberty, or property without following fair procedures, such as the right to speak, the right to certain hearings, the right to confront your accusers, the right to an attorney, and other rights that generally fall under this umbrella. These rights often must be raised in a criminal case if you are accused but can sometimes be raised in other venues and other circumstances.
The First Amendment guarantees all citizens freedom of religion, speech, the press, to assemble or petition, and to record police officers in the performance of their public duties. If a police officer attempts to suppress your verbal expression or retaliates against you because of something you have said — so long as you weren’t threatening them or prohibiting them from doing their job — they may be violating your civil rights. Obviously, freedom of speech isn’t absolute, but simply disagreeing with an officer, calling them names, or even flipping them off is not illegal and doesn’t give them the right to stop, detain you, arrest you, or charge you with a crime. Police officers will often assert a pretextual basis for arresting or charging people in violation of their First Amendment rights, but that does not always mean officers have a proper or justifiable reason.
Malicious prosecution in violation of the Fourth and Fourteenth Amendments
A lawful prosecution requires evidence amounting to probable cause at the time charges are brought against a person. If an officer charges you with a crime as a means of harassment, to ruin your reputation, or in an attempt to justify their misconduct, they are acting in violation of your civil rights through wrongful or malicious prosecution. Similarly, police may also act in violation of your rights when they fabricate false material information in a probable cause affidavit used to justify an arrest or to seek an arrest warrant. Police officers must be truthful in these key criminal justice documents or face the consequences of police misconduct.
Officers must be reasonable in the force they apply so that it is used only when reasonably necessary to effectuate a lawful purpose. Force is typically acceptable when officers use it to arrest a wanted person. The force police are authorized to use to arrest can be legally increased if a wanted person flees or resists a lawfully imitated arrest, or if a wanted person threatens or obstructs an officer who is attempting to arrest them. But otherwise, officers are restricted in the amount or type of force that may be applied in any given circumstance. This includes everything from excessive shootings and physical beatings to the inappropriate or overuse of tasers, batons, chemical sprays, or K-9 units. Officer must always be justified in their choice of and use of force within the totality of the circumstances they are facing. Police officers are not legally allowed to use force to get their way or to abuse their police power.
When someone dies because of excessive force or other wrongdoing by the police, detention staff, or detention officers, that is one of the worst civil rights violations that can affect a person. Whether it was on purpose or by recklessness, the officer(s) should be held accountable. Wrongful conduct can involve anything from an illegal shooting to denying someone in detention access to medical care or abusing someone in jails or prisons. If you or a loved one are seriously injured or killed because of the knowing use of significant police force or the reckless failure to protect or provide medical attention, there could be a claim against the officer for that injury.
What laws protect me from police misconduct?
The Fourth Amendment protects you from unlawful searches and seizures, while the Eighth Amendment safeguards you from cruel and unusual punishment. The Fourteenth Amendment and other Federal laws also prohibit discrimination based on race, color, national origin, sex, and religion. Furthermore, persons with disabilities are protected from discriminatory treatment under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
Finally, Section 1983 of the Civil Rights Act gives you the right to file a lawsuit against a police officer if they violate your civil rights. This law was originally passed to protect citizens from government officials as well as groups like the KKK. This law makes it illegal for anyone acting under the authority of the government to deprive someone of their civil rights.
Why you need a civil rights attorney
A lawyer can play a vital role in uncovering police misconduct and pursuing justice in a police misconduct lawsuit. These types of cases are often difficult, time-consuming, and complex and very often require a specialist who is 100% committed to your rights. The Civil Rights Litigation Group has handled many successful lawsuits against the police and other jail/prison officials, and we understand the complexities of the law in Colorado. If you believe your civil rights have been violated by the police or other government officials, give us a call for a free consultation.
Dec 5, 2023 | Police Misconduct
The newest legislation in Colorado regarding
police misconduct and civil rights is the
Law Enforcement Integrity Act. This act was signed into law in 2022 and went into effect on July 1, 2023. It aims to increase police accountability and transparency by requiring law enforcement agencies to adopt policies and procedures to prevent and address police misconduct while building trust between law enforcement agencies and the communities they serve.
Changes included in the legislation
The use of body cameras: This measure aims to provide an objective record of encounters between officers and civilians, which can be used as evidence in investigations or legal proceedings. This law requires all law enforcement officers to wear body cameras, mandates the release of body camera footage within 21 days of a complaint of misconduct, prohibits the use of chokeholds except in situations where deadly force is justified, and establishes a statewide database to track incidents of use of force by law enforcement officers.
History has shown that officers will often lie — both for themselves and each other — regarding encounters with the public. They have lied about what people said, whether they had a weapon, and whether any physical interaction even took place. But video doesn’t lie. The Elijah McClain case in 2020 is a perfect example of this. The body cam footage captured the encounter between police officers and Elijah McClain, a young black man who died after being put in a chokehold. The footage helped shed light on the excessive force used by the officers, leading to public outrage and calls for change that resulted in this legislation. The situation with George Floyd is another good example. The officers completely left out the use of force when writing their reports, but both their body cam footage as well as phone videos taken by witnesses showed differently. And that resulted in the officers not only being fired but also prosecuted for their illegal and deadly actions.
Bias training and de-escalation techniques: Bias refers to discrimination and training officers to treat everyone equally, regardless of color, gender, age, or other discrimination classes. Data clearly shows that people of color are often treated much worse and often experience a higher rate of police violence. De-escalation refers to the range of verbal and nonverbal skills that officers can use to de-escalate a situation, make proper threat assessments, and hopefully reduce the likelihood that a situation will escalate into a physical confrontation. By providing officers with the necessary tools to identify and address implicit biases, and diffuse potentially volatile situations, the act aims to reduce the likelihood of excessive use of force incidents.
More rights for police misconduct victims
The act gives survivors of police misconduct enhanced civil remedies and allows for the decertification of officers who engage in serious misconduct. This means that officers found guilty of significant violations of departmental policies or laws may lose their certification and be prevented from working in law enforcement in the future. Preventing bad cops from remaining on the force is a big step towards reducing police misconduct.
The act also allows victims to seek compensation and justice for any harm or rights violations they may have suffered. Furthermore, the Enhance Law Enforcement Integrity Act makes officers personally liable in some lawsuits. This provision reinforces that law enforcement officers are not above the law and should be held accountable for their actions.
What to do if you’re the victim of police misconduct
While these reforms aim to increase accountability and prevent future instances of police misconduct, they can’t fix everything. If you believe you are the victim of police misconduct, you have rights but there are time limits to file your complaint. Having a civil rights attorney can help you navigate the process and get better results. Please call us for a free consultation.
Call 720-515-6165 for a free consultation.
Nov 21, 2022 | Civil Rights Law, Police Misconduct
When people are brought in for questioning by the police, they are expected to tell the truth or get in trouble. But what about the officers questioning you — are they bound to be truthful? In Colorado and most states, the short answer is no. They can’t lie in every instance, and they can’t fabricate evidence (Florida v. Cayward, 1989), but most of the time it’s completely legal for them to lie so it’s important to remember this if you are ever interrogated. The Supreme Court ruled in Frazier v. Cupo (1969) that police officers can lie during an investigation as long as it does not “shock the conscience of the court or the community.” For instance, they can’t tell someone that they will lose custody of their children if they don’t confess (Lynumn v. Illinois, 372 US 528 (1963). But they most certainly can lie about a lot of things that can intimidate people into confessing to crimes they didn’t commit. And as long as the court determines that a confession was voluntary and not obtained through violence, the court could allow it.
So, what do the police lie about?
When interrogating someone, the police can use every psychological trick they have to elicit a confession. They can lie about evidence they have, such as telling you that they found your fingerprints at the scene or that you were caught on camera. They might tell you that other people involved have already confessed and have implicated you as well. They might say they have already spoken to your spouse or friend who believe you are guilty. If you take a polygraph test, they can lie and tell you that you didn’t pass. The important thing to remember in these cases is that they can lie about evidence, but they can’t fabricate it. So, if they tell you they have your fingerprints on something, ask to see it. If they tell you they have video of you at a crime scene, ask to see it. And if they show you evidence that you know isn’t real, they have definitely crossed a line. Another thing they cannot do is lie to you about your rights or tell you that incriminating statements you might give won’t be used against you. Miranda warnings (from Miranda v. Arizona, 1966) are required before police officers can legally interrogate you while you are in custody. Those warnings make clear that you have the right to remain silent and that anything you say can and will be used against you in a court of law. Thus, the best practice is almost always to exercise that right and remain silent.
There are a lot of ways the police can trick people into confessing to crimes, even ones they didn’t commit. And you may think that no one would ever admit to doing something they didn’t do, but the psychological pressure of an interrogation can certainly cause someone to do so. Because of this, it’s important to always remember that you have the right to be silent and the right to have an attorney present for questioning. Police might also tell you that you will get a lighter sentence if you confess now instead of waiting for an attorney, but cops don’t decide sentencing so always ask for and consult with a lawyer before believing anything police say.
It’s also important to remember than the police don’t have to read you your Miranda rights unless they take you into custody. So, if you are speaking with an officer at the scene of a crime and they suspect you may be involved, they can intentionally tell you that you are not under arrest in order to get you talking while not technically in custody or they could lie to you about any number of things in order to get you to keep talking before they place you in custody. And if you do so willingly, your statements can be used against you in court. So always keep your guard up if you are speaking to police and there is any chance at all they think you did something wrong. Obviously, you should help the police if you call them about a crime, and often it may be in the public’s interest to serve as a witness to a crime if you have valuable information, but always remember that being innocent isn’t a guarantee that you won’t be implicated in something.
Youth are even more vulnerable when the police lie
The worst part about all this is that in most states the police can lie to kids. Some states, including Colorado (https://leg.colorado.gov/bills/sb22-023), are currently trying to pass laws to stop this. The bill didn’t pass in Colorado this year but legislators are going to reintroduce it in the 2023 session. Kids are even more vulnerable to being intimidated by the police because they either fear or trust them — and the police will absolutely use this to their advantage. Juveniles are also much less likely to know their actual rights when being questioned so it’s easy for an officer to scare them into confessing to something they didn’t do. Our brains don’t fully develop until we are in our mid-twenties, so children and even teens don’t have the same decision-making or reasoning skills that are needed during an interrogation. But until the laws do change, officers are still able to lie to them so it’s important to teach kids what their rights are and how to deal with the police. We recommend readying your children as much as readying yourself for potential police interactions. Make sure they understand that if your children are stopped, they may request a parent, guardian, and/or lawyer be present for questioning, and obviously, they have the right to remain silent.
What are your rights during an interrogation?
The Fifth Amendment protects you from being forced to incriminate yourself and the Fourteenth Amendment prohibits coercive questioning by the police. So, if a confession is coerced or involuntary, it isn’t admissible in court. Also, if the police are going to take you into custody, they should inform you of your Miranda rights — but they don’t always do that. For a confession to be considered involuntary or coerced, usually, one or more of the following needs to have happened:
- The police deprived you of food, water or using the bathroom
- You were denied legal counsel
- The police promised you leniency or told you that your statements wouldn’t be used against you
- The police threatened you in some material way (other than threats to carry out the law)
- They physically harmed you or used a gun to intimidate you into confessing.
The court will also consider other factors such your age, the location and/or length of the interrogation, your mental health at the time, level of intelligence, or if your thinking was impaired due to intoxication. The main legal standard for proving an involuntary confession is whether the police used tactics that undermined your ability to exercise free will.
What can you do?
The most important thing you can do is be aware of your rights and choose to remain silent until you have legal counsel present when you are questioned by the police. They can’t use that against you, although many will lie and tell you that things will be better if you just talk to them — but don’t believe it. And if you were accused of a crime you didn’t commit and believe the police fabricated evidence against you, it’s important that you contact an attorney who specializes in civil rights and dealing with the police. Call us for a free consultation.
Call 720-515-6165 for a free consultation.
