Police agencies will almost always back the police officer who beat you, clubbed you, tased you, shot you, pepper-sprayed you, falsely arrested you, submitted false police reports to get you criminally prosecuted, or otherwise abused you. As a practical matter, the police really have to lie, cheat and obtain false convictions of their victims; that is, if they like their jobs and want to keep them They will destroy evidence, conceal evidence, fabricate evidence, author false police reports, procure false and malicious criminal prosecutions, and suborn perjury. They will do (almost) anything that will tend to exonerate the officer who victimized you.
Also, because of greater concerns about their civil / administrative liability, police agencies automatically take the “defensive civil position”, and decide to investigate in a manner only acknowledging their justification for their officer’s actions, and not any real effort to seek the truth. They gather evidence, under the bogus claim of a “crime scene” investigations. They unlawfully and knowingly conspire, to suppress evidence favorable to the civilian, and to neither seek nor give credit to, any evidence that implicates them.
When the police use excessive force on persons, they almost always arrest them on bogus charges of resisting or obstructing or delaying a peace officer (Cal. Penal Code § 148(a)(1)), assault on a peace officer (Cal. Penal Code § 240/241(c)), or battery on a peace officer (Cal. Penal Code § 242/243(b)); all misdemeanors. If the police really beat-you-up, they probably will charge you with Cal. Penal Code § 69; using or threatening the use of force and violence to interfere with a public officers performance of his/her duties; a felony. Section 69 is the “crime de jour” of the police profession.
Man Bloodied During Harlem Traffic Stop To Sue Nypd, Lawyer Says
Since the police officers who used excessive force on you (or falsely arrested you) already know what happened, the only reason that they would want to question you, is to put words in your mouth; to coerce you or trick you into saying things that they will later attempt to use to justify their unlawful treatment of you. Supervisory officers (i.e. patrol sergeants and the like) will also want to interrogate you for the same reason. They are not interested in whether your side of the story is true. They are only interested in getting you to say your side of the story, with words that they coerce or trick you into saying; to protect their fellow officers and their police agency from you.
If you were arrested for armed robbery and were taken to the police station, the police would read you your Miranda warnings, and, when you declined to speak with them, they would cease interrogating you and put you in your jail cell. You should know, that contrary to popular myth, in America the police are not obligated to “read you your rights.” If they don’t advise you of your right to counsel and right against self-incrimination (i.e. Miranda warnings) then any statement that you make after you’ve been arrested that is the product of police interrogation, cannot be used against you in court in the prosecution’s “case-in-chief.” However, if you take the witness stand at your trial, you can be impeached with those custodial statements that were obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966.)
The purpose that the Supreme Court handed-down Miranda v. Arizona in 1966, was to curb the abuse of custodial interrogation to obtain coerced confessions. Custodial interrogation at the police station is inherently coercive. The police have many techniques to get persons who are completely innocent of crimes, to either confess to a crime that they didn’t commit, or at least to get them to admit or state something that tends to incriminate them. When you’re scared, in a police interrogation room and the police bombard you with accusations for hours on end, that you deny for hours on end, people tend to get tired, and just want the questioning to stop.
Police Misconduct Lawyer • La Civil Rights Lawyer
Sometimes the police place you in a cold room, making you uncomfortable, and you just want to get out of the room, so you admit to at least some of what the police want you to, even though your innocent. So, the Supreme Court created the Miranda rule, that requires the police to advise you of your Fifth Amendment right against self-incrimination and your Sixth Amendment right to counsel, prior to interrogating you after you’re in police custody, to prevent false confessions.
However, if you were arrested for resisting arrest and battery on a peace officer, the many police agencies, especially the Los Angeles County Sheriff’s Department, ignore giving you your Miranda Warnings, and under the false pretense of an Administrative Force Investigation, proceed to interrogate you while your in police custody. You know that you haven’t done anything wrong, and the police have. You’re hoping that if you act cooperatively enough, that the cops will just let you go, or will at least give you a citation and let you be on your way, rather than require that you post bail; something that you know is going to costs you thousands of dollars; win, lose or draw. So, you say nice things to the police. You tell that you understand why the police officer did what he did to; that you can understand why the police officer did what he did to you, and are no longer complaining. You just want to go home. However, there really is nothing that will benefit you by discussing your incident with the police. Don’t do it.
As they say, a picture is worth a thousand words. Take lots of photos of your injuries. Don’t take a photo two inches away from the injury. Take close-up photos, but also back-up and away from the injury to put it is perspective. Also, take photos of all persons and places and things involved. Make sure also to back away from what you’re taking a photo of, so you have close-up photos as well as photos from farther away. Also, keep everything. Keep the bloody shirt or skirt. Keep your broken glasses. Keep and secure anything that has to do with your incident with the police.
Can I Sue The Police For Emotional Distress?
California Government Code Sections 26202.6 and 34090.6 provide for the retention periods of recordings of police radio and telephone communications (100 days), and for routine video monitoring (one year.) If your lawyer doesn’t make a formal demand that police radio and telephone communications regarding your case are located, maintained and preserved within 100 days of the incident, the police are generally free to destroy them; something that they will be more than happy to do. Many times, they destroy such evidence even if the agency is presented with such a demand for preservation of such evidence, but if they do so after having been served with such a preservation demand, chances are that you will be in a better position than you would have been otherwise. Also, your lawyer will usually make arrangements for a private investigator to locate and interview witnesses, and obtain evidence such as surveillance recordings. Many places that have video surveillance cameras have a 30-60 day retention time. If you don’t get the video evidence that can really show what really happened to you, you may be out of luck.
Under the California Tort Claims Act (Cal. Govt § Code 910 et seq.), you have six months from the date of the “accrual of the cause of action” (i.e. either the incident, or when a person is reasonably put on notice of the actions of the officer(s)) to file a Claim For Damages with the involved Municipal entity (i.e. State of California, City or County, or some other governmental entity, like a School District, a Water District, etc.; the entity that employed the public officer / official who violated your rights.) If you miss the six month deadline, you have up to one year from the date of the incident to file a Petition with a California Superior Court, to be relieved from having to have filed a Claim For Damages with the municipal entity (i.e. state, county, city, school district, water district, etc.) However, before you do that, you must request the permission of the municipal entity to file a Late Claim For Damages, and present the proposed Claim for Damages with the request. If you don’t file a Claim For Damages timely, you will lose your right to sue for claims that arise under California state law.
In California, you have two years from the date of the incident, however, to sue under claims against the officer and his/her employing municipal entity that arise under federal law; 42 U.S.C. 1983; the Ku Klux Act of 1871 (that allows persons to sue persons who violated their federal constitutional rights while acting under the color of state law.) That’s because Congress never enacted a Statute of Limitations for Section 1983 lawsuits. So, in Wilson v. Garcia, 471 U.S. 261 (1985), the U.S. Supreme Court held that the Statute of Limitations for lawsuit brought under 42 U.S.C. 1983, was the period of time to sue under the residual personal injury statute of the state in which the federal claim arose. Therefore, if the police beat you up and/or falsely arrested you in California, as the California residual personal injury statute is two years (See, Cal. Civ. Proc.
Lawyer For Two Victims Of Jersey City Police Shooting Intends To Sue City, Officers
California Government Code Sections 26202.6 and 34090.6 provide for the retention periods of recordings of police radio and telephone communications (100 days), and for routine video monitoring (one year.) If your lawyer doesn’t make a formal demand that police radio and telephone communications regarding your case are located, maintained and preserved within 100 days of the incident, the police are generally free to destroy them; something that they will be more than happy to do. Many times, they destroy such evidence even if the agency is presented with such a demand for preservation of such evidence, but if they do so after having been served with such a preservation demand, chances are that you will be in a better position than you would have been otherwise. Also, your lawyer will usually make arrangements for a private investigator to locate and interview witnesses, and obtain evidence such as surveillance recordings. Many places that have video surveillance cameras have a 30-60 day retention time. If you don’t get the video evidence that can really show what really happened to you, you may be out of luck.
Under the California Tort Claims Act (Cal. Govt § Code 910 et seq.), you have six months from the date of the “accrual of the cause of action” (i.e. either the incident, or when a person is reasonably put on notice of the actions of the officer(s)) to file a Claim For Damages with the involved Municipal entity (i.e. State of California, City or County, or some other governmental entity, like a School District, a Water District, etc.; the entity that employed the public officer / official who violated your rights.) If you miss the six month deadline, you have up to one year from the date of the incident to file a Petition with a California Superior Court, to be relieved from having to have filed a Claim For Damages with the municipal entity (i.e. state, county, city, school district, water district, etc.) However, before you do that, you must request the permission of the municipal entity to file a Late Claim For Damages, and present the proposed Claim for Damages with the request. If you don’t file a Claim For Damages timely, you will lose your right to sue for claims that arise under California state law.
In California, you have two years from the date of the incident, however, to sue under claims against the officer and his/her employing municipal entity that arise under federal law; 42 U.S.C. 1983; the Ku Klux Act of 1871 (that allows persons to sue persons who violated their federal constitutional rights while acting under the color of state law.) That’s because Congress never enacted a Statute of Limitations for Section 1983 lawsuits. So, in Wilson v. Garcia, 471 U.S. 261 (1985), the U.S. Supreme Court held that the Statute of Limitations for lawsuit brought under 42 U.S.C. 1983, was the period of time to sue under the residual personal injury statute of the state in which the federal claim arose. Therefore, if the police beat you up and/or falsely arrested you in California, as the California residual personal injury statute is two years (See, Cal. Civ. Proc.
0 comments
Post a Comment