When an officer uses more force than necessary to retain a suspect, it’s considered “use of excessive force.” In fact, the Miami Police Department has been under legal scrutiny for its use of excessive force. The U.S. Justice Department conducted a long investigation into the police department, and found several unjustified police-involved shootings, as well as a pattern of excessive use of force.Defense attorney David Malove shares his thoughts on the subject, “About 15 years ago, a judge and former prosecutor who has since retired asked me ‘How many City of Miami police officers does it take to throw a 200 lb. defendant down the stairs?’  When I told her that I had no clue, she replied, ‘None.  He fell.’“Now, here we are 15 years later and still the Miami PD can’t get it right.  They have a rotten reputation, notwithstanding that the overwhelming majority of the force is made up of good, decent, honest and hardworking men and women.


“It’s about time they cleaned out the hot heads and repeat rule breakers, and increased training in the area of use of force so that Miami can shed the image of a city with a police department that is out of control.  Too bad the feds had to step in.  It shouldn’t have had to come down to this.”

When Officers Overstep Legal Boundaries

Officers are supposed to use as little force as necessary when arresting a suspect. Any force that was more than required is illegal, including:

  • using force against someone who isn’t resisting or is already in custody;
  • brutal beating using police batons;
  • using a weapon against someone who is unarmed;
  • threatening force to intimidate suspects into confessions; and
  • repeated use of Tasers or mace when the person is already subdued.

If you believe you are the victim of police brutality or excessive use of force, talk to your defense attorney about the details surrounding your arrest and how police brutality may impact your case.

Excessive Use of Force and Your Criminal Case

It’s difficult to prove excessive use of force but it’s not impossible. When we put together a case, we:

  • round up as many witnesses as possible;
  • study any video footage;
  • make sure the injuries are clearly documented;
  • scan surrounding business surveillance tapes to obtain any security footage of the incident;  and
  • get a deposition from all the officers involved in the incident.

While being a victim of police brutality may not automatically lead to dismissal of criminal charges, it may bring up issues about the arrest and statements the defendant has given regarding the case. Contact the Law Offices of Robert David Malove in Fort Lauderdale today. Call us at (954) 861-0384 to schedule a free, no-obligation consultation.