In this Insider Exclusive Investigative Network TV Special, our News Team visits with Albuquerque Civil Rights Lawyer, Derek Garcia, founder of The Law Office of Derek V. Garcia, in a new Network TV Special, “KNOW YOUR RIGHTS – ILLEGAL SEARCH & SEIZURE- Anthony Stonecipher’s Story” to understand how The Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons, and prohibits police officers from making unlawful arrests (“seizures”).
Between the “war on terror” and the militarization of the police, Americans are facing increasing government intrusion into their daily lives. With the passage of sweeping laws such as the Patriot Act many find themselves questioning whether we really are living under Orwell’s Big Brother government.
Many of our nation’s leading newspapers are littered with reports of increased government surveillance and invasions of privacy.
Police forces around the country have become more militaristic and abusive toward average citizens. From reaching into our glove compartments in a “random search” to scanning our bodies at the airport, the government is out to acquire a variety of information about all of us.
These limits are the bedrock of search and seizure law.
Derek explains in the quest for justice in Anthony’s case, key issues and answers that many of us have like:
What is the Fourth Amendment and what it means to you?
What happens when a search violates the 4th Amendment?
What is a search warrant?
What constitutes a valid search warrant?
What powers do police get when they have a search warrant? –
Where can police search and what can they seize under a warrant?
What recourse do you have if a search was conducted unlawfully?
As the videotaped beating of motorist Rodney King, in Los Angeles and the murder of Oscar Grant, in Oakland, have illustrated, police officers sometimes go too far, violating the rights of citizens. When this happens, the victim of the misconduct may have recourse through federal and state laws.
A primary purpose of the nation’s civil rights laws is to protect citizens from abuses by government, including police misconduct. Civil rights laws allow compensatory and punitive damages as incentives for injured parties to enforce their rights.
A statute known as Section 1983 is the primary civil rights law victims of police misconduct rely upon. This law was originally passed as part of the Civil Rights Act of 1871, which was intended to curb oppressive conduct by government and private individuals participating in vigilante groups, such as the Ku Klux Klan. It is now called Section 1983 because that is where the law has been published, within Title 42, of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of law to deprive another person of his or her rights under the Constitution or federal law.
The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force.
Derek has often said….. “the problem of Police Brutality is much more widespread than most Americans are willing to admit. …….Our nation practices….. a selective blindness…In this great and strong nation, we have all become unwitting accomplices to the continuation of the conflict”.
Derek has earned the highest respect from citizens and lawyers alike…. as one of the best Civil Rights Trial lawyers in Albuquerque….. and across the nation. He has seen many innocent & hard-working people become VICTIMS of Police Brutality
He understands that Police brutality is one of the most serious, enduring, and divisive human rights violations in the United States. The problem is not just in New Mexico…BUT nationwide….AND its nature is institutionalized.
And because of that …..He is driven to fight for people who had been harmed by the willful or negligent actions of others. He…Learned A long Time ago ….that “IF A MAN hasn’t discovered something that he will die for… He isn’t fit to live.” His goals….. Not ONLY To get Justice for his clients…
BUT To make sure ALL Americans have the right to a fair trial, honest cops, impartial prosecutors, and fair judges with NO AGENDAs… BECAUSE “INJUSTICE ANYWHERE…..IS A THREAT TO JUSTICE EVERYWHERE” !!!
“AND Justice and power must be brought together, so that whatever is just …..may be powerful, and … whatever is powerful may be just.”….