Police Misconduct or Rights Violations in Assault Cases

A How-To Guide to Suppressing Evidence and Dismissing Charges in Texas Assault Prosecutions

When someone is arrested for assault or aggravated assault in Texas, most people focus on the facts — who said what, who was injured, or what the police report claims. But what if the case is fundamentally flawed not because of the facts, but because your constitutional rights were violated?

Every person accused of a crime in Texas has certain protections — against illegal searches, coerced confessions, excessive force, or unlawful detention. If police violate those rights during the investigation or arrest, your case may be subject to dismissal, evidence suppression, or other legal remedies.

In this guide, we’ll explain how police misconduct and constitutional violations apply to assault cases, how your attorney can challenge them in court, and why early intervention from a skilled attorney near you can stop these errors from costing you your freedom.

What Counts as Police Misconduct in an Assault Case?

Police misconduct can take many forms, but in assault investigations, it most often involves:

• Unlawful searches or seizures (Fourth Amendment violations)
• Coerced statements or lack of Miranda warnings (Fifth Amendment violations)
• Excessive use of force during arrest
• False arrest without probable cause
• Tampering with or withholding evidence
• Racial profiling or selective enforcement
• Failure to preserve body camera or video evidence

Each of these violations may provide a legal basis for excluding evidence or dismissing charges altogether.

See: How Probable Cause Is Determined in Assault Cases

Step 1: Determine Whether Your Arrest Was Lawful

Your criminal defense attorney near you will first evaluate whether law enforcement had legal authority to stop, detain, or arrest you in the first place.

If your arrest was made without probable cause — or was based solely on bias, assumption, or incomplete evidence — your attorney may file a motion to suppress the arrest and all resulting evidence.

This could include:

• Body camera footage
• Statements made at the scene
• Items seized during arrest
• Alleged admissions made afterward

If the arrest itself was illegal, everything that follows may be inadmissible under the exclusionary rule.

Step 2: Challenge Improper Search and Seizure

Many assault cases involve police searching phones, vehicles, homes, or personal belongings without a warrant or valid consent. Under Texas and U.S. law, this can violate your Fourth Amendment protections.

Your lawyer near you may challenge:

• Warrantless phone searches
• Seizure of surveillance footage from private property
• Home entry without consent or exigent circumstances
• Unlawful collection of medical records or digital data

If the search was illegal, your attorney can move to suppress any evidence obtained through that search — even if it appears incriminating.

See: Challenging the Evidence in Assault Investigations

Step 3: Were You Read Your Rights?

Under Miranda v. Arizona, you must be advised of your right to remain silent and to have an attorney before custodial interrogation. If police failed to read you your rights, anything you said — including so-called “confessions” — may be inadmissible in court.

Your attorney can file a motion to suppress your statements based on:

• No Miranda warning
• Coercive or intimidating questioning
• Questioning after you asked for a lawyer
• Statements made involuntarily or under stress

See: How Early Legal Counsel Can Influence the Outcome of Your Case

Step 4: Was Excessive Force Used?

Even during a lawful arrest, officers must use only reasonable force. If they used:

• Unnecessary physical violence
• Weapons or restraints without justification
• Pain compliance tactics on a compliant suspect
• Pepper spray, tasers, or strikes after surrender

Then you may have grounds for a civil rights complaint or suppression motion. Excessive force not only opens police departments to civil liability — it can also undermine the legitimacy of the entire case.

Step 5: Identify Evidence Tampering or Suppression

In some cases, police misconduct includes altering, fabricating, or hiding evidence that favors the defense.

This may include:

• Withholding exculpatory video or witness statements
• Selective recording of only portions of an incident
• Destroying physical evidence
• Misrepresenting facts in the police report

If this misconduct is proven, your attorney can request dismissal based on Brady violations (failure to disclose favorable evidence) or spoliation of evidence (destruction of crucial material).

See: Role of Police Reports, Medical Records, and Witness Statements

Step 6: Racial Profiling or Discriminatory Enforcement

If you were targeted based on race, ethnicity, or other protected characteristics, your criminal defense lawyer near you may raise equal protection arguments under the Fourteenth Amendment.

Examples include:

• Disproportionate arrest practices
• Biased witness treatment
• Pattern of enforcement only against certain groups

These claims require legal expertise and often supporting data — but when proven, they can significantly weaken the credibility of the prosecution and police.

Step 7: File Pretrial Motions to Suppress or Dismiss

If any misconduct or constitutional violations are found, your attorney may file:

• Motion to Suppress Illegally Obtained Evidence
• Motion to Dismiss for Lack of Probable Cause
• Motion in Limine to Exclude Prejudicial Material
• Request for Adverse Inference Based on Missing Evidence

These motions are often decided before trial, and can result in:

• Key evidence being thrown out
• The State dropping or reducing charges
• Improved plea offers or diversion eligibility

Step 8: Use Violations Strategically in Negotiation or Trial

Even if your case proceeds to trial, evidence of police misconduct or due process violations can sway judges and juries. A skilled criminal defense attorney near you may highlight:

• Inconsistent officer testimony
• Body cam gaps or editing
• Mishandling of evidence
• Pattern of behavior in prior cases

This strategy often introduces reasonable doubt, which can lead to acquittal or hung jury.

Final Thoughts: When Your Rights Are Violated, the Case Can Be Too

Every person charged with a crime has a constitutional right to fair treatment — not just in court, but from the first interaction with police. If your arrest or investigation was tainted by misconduct, a skilled attorney near you can use those violations as powerful leverage to suppress evidence, reduce charges, or dismiss the case entirely.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you who knows how to fight back when your rights have been violated.

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