The Sanders Firm, P.C.: SDP and Law Enforcement Practices

In New York City, The Sanders Firm, P.C. understands the important of substantive due process (SDP) in relationship to law enforcement. The Bill of Rights and the Fourteenth Amendment to the United States Constitution are often considered in SDP cases. In particular, substantive due process is concerned with preserving our liberties. And although it very much finds its foundation in the Fifth Amendment, which states that no one shall be “deprived of life, liberty, or property without due process of law,” much of what we consider in a substantive due process case is also connected to U.S. history and traditions especially in terms of the law.

SDP and Law Enforcement Practices

The ruling by the U.S Supreme Court in Mugler v. Kansas 123 U.S. 623 (1887) is one of the most important when it comes to law enforcement practices and SDP. In this case, the power of the State was defined as being solely focused on promoting public health, morals, and safety. In essence, the purview of law enforcement as an organ of the State focuses upon the same three areas, promoting health, morals, and safety. Law enforcement officials cannot unreasonably interfere with an individual’s rights of liberty and property that is natural and fundamental to the human condition. In terms of protecting our basic freedoms, these ideas also pertain to law enforcement practices.

This means that law enforcement practices may not be such that they take away, violate, or interfere with a person’s right to SDP. This relates to not only the law itself but procedures used to enforce such laws. Thus, in accordance with SDP law enforcement practices are limited in many ways and our rights are preserved.

Violation of SDP in Enforcement Practices

We at The Sanders Firm, P.C. are ready to defend your right to SDP in connection with law enforcement practices. Law enforcement cannot overstep their charge as outlined above in connection to preserving health, morals, and safety. If in the course of enforcing a law those involved in the process violate your rights to substantive due process, which means they have deprived you of your basic liberties, then it’s your right to legally pursue the matter. Such cases are complicated and involve arguing Constitutional law, former cases and legal precedents.

We Are Ready

In New York, The Sanders Firm, P.C. is ready to serve you. We are passionate about your civil rights and preserving them. We understand that in doing so we are also fighting for the rights of everyone who may have had their rights in accordance with SDP violated by law enforcement practices. If you believe that your rights have been in some way infringed upon through law enforcement practices, contact The Sanders Firm, P.C. At The Sanders Firm, P.C., we are your voice for justice.