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Police conduct should be questioned as part of criminal defense

Oftentimes, people assume that police always do their jobs right. People want to believe that police don't make mistakes. However, the reality of the situation is that mistakes happen in every profession -- even in law enforcement. However, when police make mistakes, it can seriously affect someone else's future -- especially when their mistake leads to criminal charges. By mounting an aggressive criminal defense, people can make sure that police are held accountable for their actions.

Recently, the police's actions in a particular Portland case were questioned. In that case, the police stopped a man on the street after he had an altercation at a nightclub.

The police officers tried to arrest the man after he questioned why he could not be on the public sidewalk. However, instead of an uneventful arrest, the police officers apparently punched the man in the face before tackling him to the ground. During the struggle, the man never defended himself against the police, yet he was also sprayed with pepper spray and hit with a Taser stun gun. At one point, at least six officers were on top of the man.

Once arrested, the man was charged with resisting arrest, interfering with a police officer and criminal trespass. After a criminal trial, a jury found him not guilty of all criminal charges. He was found guilty of second-degree criminal trespass, but that is only a violation, not a crime.

In addition to avoiding criminal conviction, this man was able to show that the police's conduct was so egregious that he deserved further compensation. He was recently awarded $306,000 because of the unlawful arrest.

While many cases will not include such extreme violations of a person's rights, in every case police conduct should be evaluated as part of that person's criminal defense. If constitutional rights were violated, those violations can be used to defend a person against criminal punishment.

Source: The Oregonian, "City of Portland must pay $306,000 to man in excessive force case," Aimee Green, Dec. 12, 2012

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