Unlawful Police Conduct: Understand Your Rights

Law enforcement officers are entrusted with significant power to uphold the law, protect public safety, and investigate crimes. However, when police abuse their authority or engage in unlawful police conduct, it can lead to wrongful arrests, violations of constitutional rights, and even criminal charges based on illegally obtained evidence.

Unlawful police conduct refers to actions by law enforcement that violate legal or constitutional rights, including unlawful searches, excessive force, racial profiling, entrapment, and wrongful arrests. If police breach legal procedures, the accused may have grounds to challenge their charges, exclude evidence, or even file a lawsuit against the authorities.

This article explores the types of unlawful police conduct, how to identify violations of your rights, legal remedies available to victims, and how an experienced criminal defence lawyer can help protect your rights and fight back against police misconduct.

What Constitutes Unlawful Police Conduct?

Unlawful police conduct refers to any action taken by law enforcement that violates an individual’s constitutional rights, statutory laws, or police procedural rules. In Canada, the Canadian Charter of Rights and Freedoms (the Charter) protects individuals from unlawful police behaviour.

Some of the most common types of unlawful police conduct include:

1. Unlawful Search and Seizure

Police must follow strict legal guidelines when conducting searches of persons, vehicles, or private property. According to Section 8 of the Charter, every individual has the right to be free from unreasonable search and seizure.

A search is unlawful if:

• Police conduct a search without a valid warrant (except in specific legal exceptions).
• Officers stop and frisk an individual without reasonable grounds.
• The search extends beyond the scope of a warrant (e.g., searching a home when only a vehicle is listed on the warrant).
• Evidence was obtained in violation of Charter rights.

Legal Remedy: If police illegally search your property or person, any evidence obtained during the search may be excluded from court under Section 24(2) of the Charter.

2. Excessive Use of Force or Police Brutality

Police officers are legally allowed to use reasonable force when making an arrest or responding to a threat. However, if officers use more force than necessary, it can be classified as police brutality.

Examples of excessive force include:

• Beating or assaulting a suspect after they have surrendered.
• Unlawful use of tasers, batons, or chokeholds.
• Shooting an unarmed or non-threatening individual.

Legal Remedy: Victims of excessive force may have grounds for a lawsuit against the police for assault, battery, or wrongful death claims.

3. Wrongful Arrest and False Imprisonment

An arrest is unlawful if police lack reasonable and probable grounds to detain an individual. According to Section 9 of the Charter, every person has the right not to be arbitrarily detained or imprisoned.

Wrongful arrests occur when:

• A person is arrested without sufficient evidence of a crime.
• Police fabricate evidence or manipulate witnesses.
• An individual is held for an extended period without due process.

Legal Remedy: If an individual is wrongfully arrested, their lawyer may file a Charter application to have the charges dismissed and seek compensation for wrongful detention.

4. Racial Profiling and Discriminatory Policing

Police officers cannot detain, search, or investigate an individual based solely on race, ethnicity, or perceived identity. Racial profiling occurs when law enforcement targets individuals based on stereotypes rather than actual evidence or suspicious behaviour.

Examples include:

• Stopping a driver based on race without any reasonable suspicion.
• Targeting specific communities disproportionately for drug-related arrests.
• Unfairly treating individuals based on ethnicity, religion, or national origin.

Legal Remedy: Victims of racial profiling may file human rights complaints, civil lawsuits, or Charter applications to exclude unlawfully obtained evidence.

5. Failure to Inform a Suspect of Their Rights

Under Section 10 of the Charter, anyone arrested or detained has the right to:

• Be informed of the reason for their arrest.
• Speak to a lawyer without delay.
• Be protected against self-incrimination.

If police fail to inform a suspect of these rights, any statements made during the arrest may be inadmissible in court.

Legal Remedy: A criminal lawyer may argue that any confession made without legal counsel or proper rights advisement should be excluded from the case.

6. Entrapment and Inducing Criminal Activity

Entrapment occurs when police coerce, pressure, or manipulate a person into committing a crime they would not have committed otherwise. While police can conduct undercover operations, they cannot provoke or induce criminal behaviour.

Example: If an undercover officer repeatedly pressures an individual to sell drugs when they had no previous intent to do so, this could be considered entrapment.

Legal Remedy: A criminal lawyer may file a motion to stay the proceedings, arguing that the police’s actions constituted unlawful entrapment.

Legal Remedies for Victims of Unlawful Police Conduct

If an individual’s rights have been violated due to unlawful police conduct, there are several legal avenues available:

1. Charter Applications – A lawyer can file a Charter motion under Section 24(1) to challenge unlawful conduct.
2. Exclusion of Evidence – If evidence was obtained through unlawful means, a lawyer can argue for its exclusion under Section 24(2).
3. Filing a Civil Lawsuit – Victims of excessive force, false arrest, or discrimination may sue the police for damages.
4. Human Rights Complaints – Victims of racial profiling or discriminatory policing may file a complaint with a human rights tribunal.
5. Police Complaints Process – Individuals can file a formal complaint with the Office of the Independent Police Review Director (OIPRD) in Ontario.

How a Criminal Defence Lawyer Can Help

An experienced criminal defence lawyer plays a critical role in challenging unlawful police conduct and protecting an accused person’s rights. A lawyer can:

• Review the circumstances of an arrest and identify Charter violations.
• File legal motions to exclude illegally obtained evidence.
• Challenge wrongful arrests and seek case dismissals.
• Pursue civil claims for police misconduct or excessive force.

Why Choose De Boyrie Law for Your Defence?

At De Boyrie Law, we specialize in defending individuals against criminal charges where police misconduct may have occurred. Our team has successfully challenged unlawful police conduct, excluded illegally obtained evidence, and fought for justice on behalf of our clients.

We are committed to:

• Holding law enforcement accountable for rights violations.
• Providing aggressive legal representation for those wrongfully accused.
• Seeking the best possible outcome for your case.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one has experienced unlawful police conduct, it is crucial to act quickly. Contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and develop a defence strategy to protect your rights. Call now to fight back against police misconduct.