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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27757
Experience:  Active member of the NYS bar since 1989
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My boyfriend got arrested the other day, they stomped on him

Customer Question

my boyfriend got arrested the other day, they stomped on him so bad that his bone in his elbow came thru the skin. They made comments like "I wish you would've broke your neck". After arresting him they proceeded to interrogate him at the hospital without reading him his miranda rights. What can he do about this??
One more question
They entered my home without a search warrant after they arrested him, I was asleep when they entered and he was not arrested in my home, can they legally do that?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
My Landlord also has footage from the cameras outside of them stomping on him violently. please help us
Customer: replied 2 years ago.
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Expert:  Zoey, JD replied 2 years ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
All of what you describe sounds highly inappropriate. However, do not expect that your boyfriend's the case will be immediately dismissed if he says all of this to the court. That's not the way the criminal justice system works.
If your boyfriend wishes to take the case all the way to trial, his lawyer will be able to file motions to get a pre-trial hearing, specifically to challenge the constitutionality of the police conduct regardiing his rights under Miranda and the Fourth Amendment. Determinations of constitutionality are made on a case-by-case basis and the test is what is reasonable under all of the circumstances. Even particularly egregious-looking conduct isn't always a slam dunk.
The police can search your home regardless of whether your boyfriend was arrested there or somewhere else, but in order to do that, they need either a warrant or an exception to the warrant requirement. At the hearing, the prosecutor would put the officers on the stand and they would be able to tell exactly what they did in such a way as to look reasonable under all of the circumstances. Once direct examination is completed your boyfriend's lawyer would be able to cross-examine the officer in depth as to what the officers did/failed to do in an effort to show that his constitutional rights were violated, by bringing out the information you've recounted above and anything else along those lines which would further demonstrate improper conduct.
At the end of this, both the prosecutor and your lawyer would get a chance to organize and argue the evidence that came out at the hearing in support of their position. The judge would make his ruling. If the judge believed at the end of the proceedings that your rights (some of them or all of them) were violated, evidence seized as the proceeds of an illegal search could not be used against your boyfriend.
Your boyfriend will need an experienced criminal lawyer to fight the case. He'll be able to see the accusatory instrument, the police reports and have the benefit of consulting with the prosecutor and a better sense of your chances of prevailing at hearings and trial. He can advise you accordingly so that you can weigh this against any possible offers the prosecution will convey.
As to the brutality charges, that could be he basis for a civil suit. He needs to get a lawyer involved in that immediately so that photos can be taken of the injuries and that he gets proper care while incarcerated.
Good luck!