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La brutalidad policíaca o la conducta indebida de la policía pueden darse de muchas formas. Tres de las más comunes son el empleo de la fuerza exagerada, la detención ilegal y la negligencia carcelaria.
La fuerza excesiva tiene lugar cuando el policía emplea más fuerza de la necesaria o permitida en cierta situación, lo que a menudo sucede cuando ocurre la detención, durante la cual, la persona esposada o con los movimientos limitados de otra forma recibe una paliza, golpes y/o patadas.
Las detenciones ilegales ocurren cuando el policía se pasa de lo que le permite su autoridad. Los policías tienen que observar normas estrictas al cumplir sus obligaciones. Por ejemplo, las leyes no permiten que el policía registre el automóvil ni la persona, a no ser que tenga «fundada sospecha» para hacerlo. Además, los policías no pueden detener a nadie sin justificación.
La negligencia carcelaria consiste en brutalidad policíaca después que se realiza la detención.
Los diversos derechos del ciudadano contra la conducta indebida de la policía se expresan en la cuarta, octava y décimo-cuarta enmiendas de la Constitución de Estados Unidos.
La cuarta enmienda ampara al ciudadano contra:
La octava enmienda brinda protección contra:
práctica de las creencias religiosas, acceso a documentos jurídicos, correo, etc.
La décimo-cuarta enmienda protege contra:
Con demasiada frecuencia, hay casos en que la policía les ha dado palizas brutales y ha lastimado gravemente a personas solamente para acusarlas de resistencia a la autoridad o escándalo público. A menudo, la policía selecciona a estas personas basándose únicamente en la raza, en el origen étnico o en el distrito en que viven.
HKPD cree en la justicia para todos. HKPD considera que el guardia de los guardianes tiene que existir, y éste es el sistema de justicia de este país. Los abogados de HKPD han pleiteado con éxito muchas demandas contra el Cuerpo de Policías de la Ciudad de Nueva York y otros cuerpos policíacos en los tribunales estatales y federales. No tenemos temor de ponernos de pie y luchar por los derechos de nuestros clientes.
Si usted o un ser querido puede haber sido víctima de brutalidad policíaca, se ruega que se comunique con nuestros abogados para una consulta inicial gratis. Estamos para servirlo las 24 horas, los 7 días.
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