Atlanta & Tampa Civil Rights Attorney
The Atlanta & Tampa civil rights attorneys at the Durham Law Group work to represent individuals facing discrimination, due process violations, and harassment. Civil rights cases present many complicated legal issues. Our attorneys are dedicated to building legal strategies that serve to protect the rights of our clients.
If you experienced a violation of your civil rights, you need a legal advocate who can fight to defend you and ensure that you benefit from the protections provided by the laws of the United States. Call us today at our offices in Atlanta at (404) 845-3434 or in Tampa at 813-333-6250 to discuss your legal options and rights.
Police Brutality Claims
Although police and other law enforcement officials have the right to arrest and detain individuals, there are restrictions on those powers that are designed to protect suspects and convicts from abuse at the hands of the government, including law enforcement officers. Individuals who are injured as a result of police brutality may have claims, including those based on the Civil Rights Act. Individuals are also protected from cruel and unusual punishment. A successful claim against law enforcement for police misconduct can result in compensatory damages, punitive damages, and attorney fees. The law is designed to encourage victims to bring such claims in order to maintain the rights of citizens from unlawful abuse at the hands of government officials and police officers.
False Arrest Claims and Illegal Searches
The 4th Amendment of the Constitution of the United States of America provides certain protections to individuals against unlawful arrests and searches. In order to search a person’s home or another place where that person has a reasonable expectation of privacy, police typically must have consent or a search warrant. The search warrant must have been properly obtained for police to collect evidence against a suspect. For instance, if police officers mislead the judge into believing the suspect has committed a crime by providing false statements, that warrant will be considered invalid. The warrant must also provide specific information regarding the location and area the officers intend to search and the type of evidence for which they are searching. If the warrant lacks specificity, it might not be valid. A warrant might also be defective if the judge who issued that warrant is found to be biased against the suspect.
There are certain exceptions to warrants, including, as mentioned, if you provide consent for the search of your home or if someone else living in your home who has authority to do so provides consent for the search. Police may also enter the property if there is an imminent threat to life or property or if the search conducted is taking place in the course of a lawful arrest. Police officers will be able to search cars without warrants when:
- The officers have probable cause;
- The officers have consent;
- Police are lawfully arresting a person in that vehicle or near the vehicle and reasonably believe that evidence exists in that vehicle;
- When police temporarily detained an occupant of the car and reasonably believe that there are dangerous weapons or access to dangerous weapons in that vehicle; or
- If police lawfully impounded the car and are carrying out an inventory search.
You also have an expectation of privacy for your electronic devices such as your computer and phone. Searches will be legitimate if officers have obtained consent to search that device, in the event of an emergency such as where the device is necessary to pursue a fleeing individual or help someone who is injured or facing an imminent threat of injury, or at international borders or airports.
Illegal arrests and illegal searches and seizures involve many complicated legal questions and are highly fact-specific. If you believe that you were the victim of an illegal search or an illegal arrest, contact an attorney to discuss your rights.
Wrongful Conviction Claims
Sadly, wrongful convictions are more common than many people realize. Oftentimes, these incidents are the result of eyewitnesses misidentifying a suspect. In some circumstances, prosecutors and police may engage in misconduct that also leads to a wrongful conviction of a suspect. These instances may include the fabrication of evidence, improper interrogations, or withholding evidence. Wrongfully imprisoned individuals may be able to prove the case carried out against them was improper and challenge their conviction. If you were wrongfully convicted, contact an attorney to discuss your options for challenging that conviction. Individuals wrongfully convicted can obtain compensation in a successful case.
Call the Durham Law Group Today
The laws of the United States provide certain important legal protections that apply to everyone in the nation. If your rights have been violated, you can pursue a claim. Contact the Durham Law Group today at 404-845-3434 in Atlanta or 813-333-6250 in Tampa to learn how our dedicated civil rights attorneys can represent you and fight to protect you.