Last updated 1 year ago
The First Amendment protects some of Americans’ most valued rights: freedom of speech, press, assembly, religion, and petition. However, these rights are often infringed upon by police officers who may not realize how broad these freedoms really are. Here are just a few examples of violations of First Amendment rights.
Arrest for “mouthing off” to cops
Contrary to what some police officers may tell you, you are within your rights to question police officers’ behavior. You should be able to ask why you’re being bothered without being arrested. You are also protected if you dispute something the officer said or defend your actions. This does have limitations, however; public obscenity, threats, and “fighting words” are not acceptable.
Arrest for protesting in a public place
If you are protesting in a public place, like on the street or in front of a courthouse, you have every right to be there unless you are breaking traffic laws or harassing passersby. Officers who tell you that you cannot be on the sidewalk are incorrect as long as pedestrians have room to walk and you are not forcing anyone to listen to what you have to say.
Censorship for inflammatory content
Courts recognize very few limitations on the content of free speech. Generally, unless you are inciting panic, threatening someone, or spreading obscenity, you can say whatever you want, even if it goes against established law. For example, you are within your rights to protest in favor of the legalization of medical marijuana, without fear of arrest. Public officials may try to limit topics you can discuss or arrest you for discussing something illegal, but remember that nearly any content that does not threaten someone is legal.
Whether you’re a protestor, a school teacher, or any other citizen, you are guaranteed basic rights of free speech by the Constitution, and you should feel free to exercise them. If your rights have been violated, you need an experienced, passionate civil rights attorney. Call the Law Offices of Patrick Geckle in Philadelphia at (267) 234-7708 today for the defense of your Constitutional rights.
Last updated 1 year ago
In the midst of the heated debate surrounding immigration, it can be easy to forget the human faces of deported immigrants and the acts if police brutality that are occurring on a regular basis. For a glimpse into the reality of the enforcement of immigration laws, take a look at this news segment.
You’ll see footage of an undocumented immigrant, Anastasio Hernandez Rojas, being beaten and tased by Border Patrol officers as he lies on the ground, hands and feet bound. Rojas’s death from a heart attack was ruled a homicide by the coroner, but the Border Patrol will not comment on the incident.
Border Patrol agents used unnecessary and unwarranted force against Mr. Rojas, leading to his death. If you have been a victim of law enforcement misconduct in Philadelphia or South Jersey, call the Law Offices of Patrick Geckle at (267) 234-7708 to discuss your legal options.
Last updated 1 year ago
In the chaos that ensued after Hurricane Katrina in 2005, one of the worst examples of police misconduct was the Danziger Bridge shootings, which took place September 4, 2005, and left two dead and four injured at the hands of police officers. To find out more about the recent trial that convicted these officers, read on.
The Events of September 4, 2005
- The Danziger Bridge shootings involved two families who will never be the same again: the Bartholomews and the Madisons. Susan Bartholomew, her husband Leonard, their children Lesha and Leonard, nephew Jose Holmes, and family friend James Brisette were walking to a grocery store when police officers shot at them on the Danziger Bridge. Susan’s arm was blown off; Lesha, Jose, and Leonard Sr. were injured; and James Brisette died. Only Leonard Jr. was able to escape. Officers shot at brothers Ronald and Lance Madison, as well, as they tried to run across the bridge. Ronald was shot in the back and stomped as he lay on the ground, dying as a result, and Lance was arrested.
The Cover-Up
- After the shooting, the police officers fabricated accounts of what had happened, planted evidence, and made up witnesses to corroborate accounts of their innocence. They planned to blame any irregularities in the case on Hurricane Katrina. If not for a federal civil rights probe into the events, the truth might never have been revealed.
The Trial
- Nine men were arrested in the Danziger Bridge shootings and faced federal charges for civil rights violations and gun crimes. Four of them pled guilty to lesser charges and received sentences of less than ten years in exchange for testifying against the other defendants. The four officers who went to trial and were found guilty received sentences of at least 35 years, while an officer involved in the cover-up received six years.
Though the Danziger Bridge shootings are especially heinous examples of police brutality and civil rights violations, similar events happen every day. If you’ve been a victim of such a violation in Philadelphia or South Jersey, call the Law Offices of Patrick Geckle at (267) 234-7708.
Last updated 1 year ago
You shouldn’t have to suffer in silence when you’re the victim of police brutality. Check out these resources for more information on improper Taser use and signs that you’ve been wrongfully arrested by police officials. Call the Law Offices of Patrick Geckle at (267) 234-7708 to set up a consultation in Philadelphia or South Jersey.
- Explore this article from USAToday.com for more information on the reasons why so many individuals are wrongly convicted of crimes each year in the United States.
- This article from The New York Times discusses a case in which the Denver police department made a false arrest on an outstanding warrant for sexual assault.
- Visit TimesUnion.com for more information on a study examining the misuse of Tasers by police officials.
- Did you know that Taser shocks can lead to death? Learn more with this article from CNN.com.
Last updated 1 year ago
Wrongful arrest, also known as false arrest, is a common law tort in which an individual is arrested or held in police custody without probable cause. While an experienced civil rights attorney can help provide legal representation following an arrest it is important to be able to recognize the signs that you may have been arrested without just cause.
One of the first signs that you were wrongfully arrested is that the arresting officer did not notify you of your Miranda Rights—including your constitutional rights to remain silent and to hire an attorney. It is against the law for police officials to make an arrest without properly notifying the arrestee of his Miranda rights. When this does happen, some of the information gathered from the arrestee can be dismissed and considered unusable in trial.
Individuals who are detained or held in police custody for exercising their rights of speech outlined by the First Amendment are also considered wrongfully arrested. For example, if an individual is arrested for mouthing off to a police officer, he may have a legitimate case in saying that his civil rights were violated by the arrest.
Additional signs that you were wrongfully arrested include being arrested without probable cause or with an arrest warrant that was obtained with false statements given by a police official. Furthermore, you may have been falsely arrested if the police official made the arrest based on malicious, racial, or personal motives.
Whether you’ve been wrongfully arrested or otherwise violated by the police, the Law Offices of Patrick Geckle can help. We handle cases involving police misconduct, police abuse, and police brutality. For more information on our practice areas contact us at (267) 234-7708. You can also visit us online to set up a consultation with our South Jersey and Philadelphia locations.
