People who are charged with crimes can face a number of difficulties as they navigate the criminal justice system, and unfortunately, many defendants are treated unfairly by law enforcement officials and prosecutors. There are multiple ways that these officials can abuse the system, including by filing criminal charges against a person in retaliation for asserting their rights or to justify illegal actions by police officers. This is known as “malicious prosecution,” and it can often place people in a difficult position as they fight against what can seem like a rigged system. Fortunately, a recent decision by the U.S. Supreme Court may help limit these types of actions and ensure that defendants can protect their rights.
Fourth Amendment Protections Against Malicious Prosecution
For years, courts have been divided on the issue of whether the Fourth Amendment to the U.S. Constitution protects people against criminal consequences, such as arrest or imprisonment, that are based on false statements or omitted facts by police officers or prosecutors. In a recent ruling, the Supreme Court determined that people who have been subject to malicious prosecution can pursue civil lawsuits against those who were responsible in cases where charges are dropped or when they are acquitted.
The case in question, Thompson v. Clark, involved a man in Brooklyn, New York who was charged with resisting arrest. He and his wife had a newborn daughter, and they also lived with the wife’s sister, who had developmental disabilities. The sister had called the police and reported that the man had sexually abused his child. When EMTs and police officers arrived at the apartment following the call, the man refused to allow them to enter without a search warrant. The officers then tackled the man, handcuffed him, and conducted a search of the apartment without a warrant, and to justify these actions, they charged him with resisting arrest. The man was held in police custody for two days. When no evidence of abuse was found, prosecutors chose to drop the charges.
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