What to do if we were beaten by the police for a confession?
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What to do if we were beaten by the police for a confession?
3 of my friends and I were making a bad decision one night and decided to break into a few cars. We were caught by the police and the cops kept asking us what items in my car we stole. None of use were being mean, abusive, or anything of that matter and we were all obeying the police. We were not saying much to incriminate ourselves when they kept asking questions over and over. When the cop pulled me out of the car he punched me in the face. Then all of my friends and I were punched in the stomach because we weren’t talking. Is there anything I can do legally? Should we speak with a criminal law attorney? We’re in Saint Louis. MO.
Asked on October 6, 2011 under Criminal Law, Missouri
Answers:
Mike Harvath / Harvath Law
Answered 13 years ago | Contributor
Hi. I am a Missouri attorney in the St. Louis area that handles criminal defense matters. Under the Fourth Amendment, certain evidence, including statements that you may have made to the police, can be excluded, if the method of obtaining those statements was illegal. Punching, beating, or other use of excessive force is not a legally permissible way for the police to obtain confessions from subjects.
Additional detail would be needed to determine the strength of your case and the likelihood of getting the evidence against you excluded. Were there any witnesses, besides your friends, to the excessive force used by the police? Also, what was the reason for the original stop? Did the punching result in any permanent, or even temporary, injuries?
In addition to potentially having the evidence against you excluded, you and your friends could have a federal claim, called a "Section 1983" claim against the city, police department, and the state, for use of excessive force.
Even if you do not have the grounds for a separate federal claim, the potential sentence for a conviction of breaking into cars would likely involve jail time, and, in order to prevent a conviction and work out an alternative disposition of your case, such as probation or a fine, you would need to have an attorney represent you. In representing you, an attorney would also look closely to determine if the statements you made to the police are excludable because of the force used to obtain those statements.
For convenience, I can be reached via e-mail at [email protected]. Website-www.harvathmissouriillinoislawyers.com.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Talk to a criminal defense attorney NOW--and do not say anything to anyone, especially the authorities, until you do. (Remember: you have a constitutional right against self-incrimination, which is given effect as the right to remain silent.)
1) If you did say anything that would be incriminatory, if your statements or confessions were derived from being beaten, those statements can be excluded--the police are not allowed to beat people to get them to talk. Your attorney will know how to raise this issue and do this.
2) If you were beaten by the police, you may have a lawsuit against the police and city, and may be able to recover money from them.
Good luck.
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