There are many things that may happen during your Wisconsin arrest that create a good defense. It is important to be aware of your rights and the rights of law enforcement so you may identify when something is not as it should be. One thing to watch out for is a color of law violation, which the FBI defines as a person with authority from the government who misuses that authority.
This misuse may occur due to the actions of the officer or by him or her not following legal protocols. In any case, it is an instance of someone using power illegally to violate your rights. This abuse of authority often comes up in defense cases for criminal charges and, when proven true, can be an effective defense strategy.
Examples of color of law violations
Some color of law violations are more subjective than others. They may be difficult to prove or to get a judge to agree they happened because they are a matter of opinion. A good example is the excessive use of force. Officers may use force when arresting you as long as it is reasonable. The line between reasonable and excessive is not a clear one, so it can be tricky to prove.
Another example is an illegal search and seizure. The law about this is vague as well, leaving room for interpretation in some scenarios. Unless there is a blatant violation of the law, it can be challenging to prove. Many of the violations require some work to prove, such as creating false evidence, using cruel and unusual punishment, and not allowing due process.
Other issues may be easier to provide evidence for, such as depriving you of medical care while in custody or allowing someone to harm you while in custody.
While it may seem easy to show an officer violated your rights during your arrest, it usually is not. You must have solid evidence to show in court. Even then, this may not ultimately work as a defense in your case, but it is still worth understanding that you have rights, and an officer should never violate them.
