The integrity of our criminal justice system depends on honest policing. When officers fabricate evidence, lie under oath, or arrest innocent people on false pretenses, they corrupt that system and destroy lives. As a criminal defense attorney, I have made exposing police misconduct a central part of my practice.
In 2021, my investigation exposed a Raleigh Police Detective who had arrested more than twenty Black men on fabricated drug charges. The City of Raleigh eventually settled these cases for $2 million. This outcome vindicated innocent defendants and held the department accountable for systemic misconduct.
Recognizing Signs of Police Misconduct
Police misconduct takes many forms. Officers may conduct illegal searches without probable cause or valid warrants. They may coerce confessions through improper interrogation techniques. They may plant evidence or fabricate witness statements. They may use excessive force during arrests or custody.
Effective criminal defense requires vigilance for these patterns. When officers testify in ways that seem too convenient or when evidence appears under suspicious circumstances, experienced defense counsel investigates further. The Constitution’s protections mean nothing if no one enforces them.
The Exclusionary Rule
Under the Fourth Amendment, evidence obtained through unconstitutional searches cannot be used against defendants. This exclusionary rule provides a powerful tool for challenging police misconduct. When officers violate constitutional protections, the remedy is suppression of the tainted evidence.
In the Charlotte RICO case involving 82 defendants, I was the only attorney to successfully win a suppression motion. That victory prevented critical evidence from being used against my client and demonstrated that even in massive prosecutions, individual constitutional rights can be vindicated.
Challenging Officer Credibility
When officers lie, exposing those lies becomes essential. Cross-examination skills developed over 25 jury trials allow me to probe inconsistencies in officer testimony. Prior disciplinary records, patterns of similar allegations, and contradictions with physical evidence all provide tools for impeaching dishonest officers.
In the Club Bodi murder case, my cross-examination exposed lies told by the lead investigator. The jury deadlocked, with ten jurors voting to acquit. That outcome prevented wrongful conviction based on an investigation tainted by investigator dishonesty.
Civil Rights Implications
Police misconduct often gives rise to civil rights claims under 42 U.S.C. § 1983. Defendants whose constitutional rights have been violated may have claims for damages against officers and departments. These civil remedies can provide compensation for wrongful arrest, malicious prosecution, and other constitutional violations.
While my practice focuses on criminal defense rather than civil litigation, I work to preserve civil claims when representing clients who have experienced police misconduct. Documenting constitutional violations during criminal defense can support subsequent civil rights litigation.
Protecting First Amendment Rights
I have volunteered to defend protesters for the NC NAACP and Moral Monday Campaign. These pro bono representations reflect my commitment to protecting constitutional rights, including the First Amendment freedoms of speech and assembly. When police arrest protesters exercising constitutional rights, aggressive defense serves both the individual client and broader democratic values.
If you believe police misconduct affected your case—whether through illegal searches, fabricated evidence, or other constitutional violations—experienced defense counsel can investigate and challenge these abuses. Contact The Chetson Firm to discuss how police misconduct might affect your defense.