How Police Misconduct Can Affect Your Criminal Case in Miami

Unlawful searches, coerced confessions, and bodycam footage disputes are playing a bigger role in criminal defense. This article explains how Francisco Marty identifies police misconduct, builds strong defense cases, and ensures that clients’ constitutional rights are upheld in court.

Understanding Police Misconduct in Criminal Cases

Police misconduct refers to any action by law enforcement officers that violates a suspect’s rights, including unlawful searches, excessive force, coerced confessions, or fabricating evidence. In Miami, instances of police misconduct have led to wrongful arrests, unjust convictions, and violations of due process.

Types of Police Misconduct That Can Affect Your Case

Unlawful Searches and Seizures

• The Fourth Amendment protects individuals from illegal searches and seizures.
• If law enforcement officers conduct a search without a valid warrant or probable cause, any evidence obtained may be inadmissible in court.
• Example: Police officers search a vehicle without permission or a warrant and find drugs—the defense may move to suppress the evidence.

Coerced Confessions and Forced Statements 🗣️

• Police may use intimidation, prolonged questioning, or deception to obtain confessions.
• If a confession is obtained under duress, it violates the Fifth Amendment and can be thrown out.
• Example: A suspect is interrogated for hours without being given water, food, or legal counsel, leading to a false confession.

Excessive Use of Force & Police Brutality 🚔

• Law enforcement officers must use reasonable force when making arrests.
• If an officer uses unjustified physical violence, it may constitute police brutality.
• Example: A suspect is tackled and injured during an arrest, despite not resisting.

Fabrication of Evidence and False Testimony 📝

• Officers may plant evidence, alter reports, or give false testimony to strengthen a case.
• Example: An officer claims they found a weapon on a suspect, but surveillance footage shows otherwise.

Failure to Read Miranda Rights ⚖️

• If law enforcement fails to inform a suspect of their right to remain silent and have an attorney, any statements made may be inadmissible in court.
• Example: A suspect confesses to a crime without realizing they could have remained silent.

How Police Bodycam & Surveillance Footage Can Help Defendants

• Body-worn cameras (BWC) provide crucial evidence of how an arrest was conducted.
• Surveillance footage from businesses and homes can expose police misconduct.
• Dashcam recordings may show improper traffic stops or excessive force.
• Francisco Marty works with forensic experts to analyze video evidence and challenge misconduct.

Legal Strategies for Challenging Police Misconduct

A skilled defense attorney can fight criminal charges by proving police misconduct occurred. Common legal defenses include:

• Filing a Motion to Suppress Evidence – If evidence was obtained illegally, the defense can request that it be excluded.
• Arguing for a Case Dismissal – If police misconduct compromised the case, charges may be dropped.
• Cross-examining Officers in Court – Questioning law enforcement about inconsistencies in their statements or actions.
• Using Video & Witness Testimony – Presenting contradictory evidence that disproves the officer’s claims.

Why Police Misconduct Defense is Critical in Miami Cases

Miami has seen high-profile cases of wrongful arrests and excessive force, making police accountability a key issue. Francisco Marty fights to ensure his clients’ rights are protected by:

• Investigating officer history for past misconduct.
• Demanding access to all bodycam and dashcam footage.
• Challenging illegally obtained evidence in court.
• Defending clients against false accusations.

Final Thoughts: Protecting Your Rights Against Police Misconduct

Police misconduct can jeopardize the fairness of a criminal case and lead to wrongful convictions. If you or a loved one believe your rights were violated by law enforcement, it’s crucial to have an experienced defense attorney on your side.

Francisco Marty is dedicated to holding law enforcement accountable and fighting for justice. Contact his office today if you need a strong defense against police misconduct-related charges.