What is Police Misconduct?
Our firm, like this article, focuses on illegal or unethical actions of police officers or the violation of someone’s constitutional rights by police officers in the conduct of their duties. The most common forms of misconduct that appear to be flooding the new are as follow:
– Police Brutality and Excessive Force: using an unnecessary or unreasonable degree of force in light of the circumstances;
– Dishonesty and Fabrication of Evidence: knowingly making false statement of creating false evidence in an attempt to maliciously prosecute a person;
– Searching and Arresting Without Cause: stopping, searching, and arresting citizens without having the necessary probable cause or reasonable suspicion to do so.
– Sexual assault: Using their position to sexually assault a victim or demand sexual favors in exchange for professional favors or leniency.
Every person living in the United States has a constitutional right to be protected from police misconduct as articulated in the reasonable search and seizure requirement of the Fourth Amendment, and the prohibition of cruel and inhuman punishment in the Eighth Amendment in the Constitution of the United States of America.
However, California has built over decades some of the strongest legal protections for law enforcement officers in the country. But that appears to be changing.
Police Misconduct & the State of California
California is one of only four states in the United States without the power to decertify an officer due to police misconduct. Because of this, stories have been reported through the years of officers involved in questionable killings and still being allowed to stay on the streets, only to kill again. But this does not stop here.
Some police officers have been fired from one department, only to quietly move to another department. But on September 30th 2021, California Governor Newsom signed a bill, the SB-2, that will change this.