Jurupa Valley False Arrest Attorney

Jerry L. Steering, Esq. before 9th Cir. Court of Appeals, Pasadena, CA

Jerry L. Steering, Esq., is a Police Misconduct Attorney, serving, among other places, Riverside County and the Riverside County cities shown below, as well as Los Angeles County, San Diego County, Riverside County and San Bernardino County. He has been suing police officers, and defending bogus criminal cases of crimes against police officers for over 28 years. The majority of our firm’s law practice, is suing police officers and other government officials, for claims such as false arrest, police brutality / excessive force, malicious prosecution, and other “Constitutional Torts.” False arrests by police officers are almost always the product of either sheer incompetence (i.e. the police arrest another for conduct that isn’t criminal), or of the police officer attempting to justify his unlawful conduct, by arresting and then framing their victim (i.e. false police reports, perjurous court testimony, false convictions) of his federal criminal (18 U.S.C. § 242), and otherwise tortious misconduct (i.e. if the police use unreasonable / unlawful force on a civilian, the use of force is almost always followed by a false arrest.)

Mr. Steering has been suing police officers for constitutional violations and defending bogus criminal “resistance offense” cases for 33 years. The Law Offices of Jerry L. Steering is proud to serve all areas of Riverside County, including the cities shown below.

Mr. Steering has been suing police officers, and defending bogus “resistance offense” criminal cases of crimes against police officers, since 1984. The majority of the Steering firm’s law practice, is suing police officers and other government officials, for “Constitutional Torts” such as false arrest, police brutality / excessive force and malicious prosecution.

Because of institutional pressures (i.e. “ratting out fellow officer not a good career move), and the obvious political and practical consequences of not backing-up the their fellow officers (i.e. false testimony and false police reports), the norm in today’s police profession, is for peace officers to falsely arrest, and procure the bogus criminal prosecution (i.e. to literally “frame”) of those civilians, whose Constitutional rights and basic human dignity have been violated. The Riverside County Sheriff’s Department is especially disgraceful when it comes to abusing civilians and framing them for crimes that they didn’t commit, to protect their deputy sheriffs from civil, disciplinary and criminal liability.

POLICE MISCONDUCT IN RIVERSIDE COUNTY.

Riverside County Sheriff Stanley Sniff

Under the leadership of Riverside County Sheriff Stan Sniff, the Riverside County Sheriff’s Department has become one of the leading agencies for the beatings and their accompanying false arrests. Under Sheriff Sniff, Riverside County Sheriff’s Department deputy sheriffs routinely beat-up and falsely arrest any civilian who dares to challenge their authority (i.e. such as by telling the deputies that one knows their rights, or daring to ask the deputies why they are treating them this ugly way.) These deputy sheriff’s procure the bogus their victims’ false criminal prosecutions, to beat-down the innocents who’s constitutional. Sheriff Sniff’s Professional Standards Bureau (Internal Affairs) has become the “white wash” wing of that agency.

Under great political pressure, the Riverside County Sheriff’s Department has just started using body cam recording devices. However, they are just clip on devices, and they can be made to not have been on or working when the Sheriff’s Department wants the recording to exist or not.

POLICE MISCONDUCT IN JURUPA VALLEY – THE SHERIFF’S DEPARTMENT’S “SATURATION / ZERO TOLERANCE OPERATIONS” IN JURUPA VALLEY.

The Riverside County Sheriff’s Department Jurupa Valley station is almost indistinguishable from a criminal

The gang at the Riverside County Sheriff’s Department Jurupa Valley Station

street gang. They really don’t try to hid this.

These men have taken it upon themselves to administer beatings and false arrests for just about anyone who they see doing anything that the law proscribes; literally anything to justify a street encounter. These deputies flood an area of Jurupa Valley with deputies just itching to beat the stuffing out of someone. It is almost impossible for most normal law abiding civilians to really believe that this really happens. Well, it really does. These deputies really are out and about looking to beat, pepper-spray, tase and falsely arrest some civilian.

One example of the use of these “saturation / zero tolerance operations” is the case of James Holley.

On August 21, 2011, the boys from the Jurupa Valley Station were performing what they call a “saturation /

RCSD Deputy Sheriff Bryce Holmes; armed to the teeth for a little fun in Jurupa Valley

zero tolerance operation”. The “saturation operation” included making “proactive arrests” for anything that the law proscribes; anything; even the most arguable or trivial infraction. Deputy Bryce Holmes orchestrated, supervised and participated this particular “Saturation Patrol”. He and his pals at the Jurupa Valley station actually enjoy beating people. They just can’t get enough. Who knows; if they beat up and falsely arrest enough innocents they might make Deputy of the Year. That is no joke.

It’s those kind of active deputies who beat up many and make a lot of arrests who make Deputy of the Year. They usually are the best at lying under oath. You could hook these “pro-active policing” types (i.e. the cops commit the crimes) up to a polygraph and that line will stay straight. They can look a jury straight in the eyes and lie without any of the usual signs of lying (i.e. swallowing, red eyes, choked-up speech, excessive blinking, looking up and to the side, etc.) and deliver the goods; frame their victims for some bogus resistance offense.

James Holley, courtesy of the Riverside County Sheriff’s Department

Well, James Holley was standing in front of his parent’s home, holding a can beer and drinking the same, as were his brothers. They were not drunk or causing any problems. The deputies approached the Holley’s, claiming that they suspected the Holleys of being in violation of California Penal Code Section 647(f); public intoxication. It is not a crime in California to be drunk in public. It is only a violation of that section if one is basically so drunk / drugged that one is lying in a puddle of their own vomit on the sidewalk.

Moreover, Jurupa Valley was a new city; so new that the City had not yet adopted its own Municipal Code, and simply passed a resolution to follow the Riverside County Ordinances as its City code. Under Riverside County Ordinances it was not a public offense to drink alcohol in public.

When the James Holley objected to the officers wanting to search him, they simple tased and jumped him, and false arrested he and his father, who came out and saw the deputies beating his son. James Holley was not criminally prosecuted. Neither were the men who should have been, the deputies. Mr. Steering obtained a $500,000.00 settlement for the Holleys from Riverside County.

OTHER RIVERSIDE COUNTY POLICE MISCONDUCT CASES.

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]

Former Desert Hot Springs Police Department Sgt. Anthony Sclafani was sentenced to 4 years in federal prison for torturing prisoners. He is the one who supervised the beating of Edward Moore

Mr. Steering also obtained an $825,000.00 settlement at completion of trial from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest [Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court (2012).]

In 2013, Mr. Steering successfully obtained a jury verdict in federal court against Riverside County Sheriff’s Department deputies sheriffs for excessive force (punching a Lake Elsinore man in face) and for illegally searching his person property; resulting in a $250,000.00 ultimate settlement of the case, in Parnell v. County of Riverside.

Mr. Steering constantly sues the Riverside County Sheriff’s Department more and more often these days, because the simple truth is, that the Department is simply a morally bankrupt organization. When a Riverside County Sheriff’s Department deputy sheriff uses unreasonable force or falsely arrest civilians, the department encourages further constitutional transgressions, by defended the outrages against the public committed by the deputies. They don’t properly train their deputy sheriffs, and not only tolerate the use of unreasonable force and their accompanying false arrests and malicious criminal prosecutions, but, by case by case of backing the deputies, promote and encourage future constitutional violations. If you’re reading this article, you are probably a person who wouldn’t have believed these serious allegations, until they actually happened to you or your

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]  

In 2001 in Gardner v. AMR, U.S. Dist. Court (Los Angeles) Mr. Steering obtained a $650,000.00 settlement

It took AMR ambulance 1 hour and 36 minutes to get to the scene of a heart attack called in on the 911 system

for wrongful death, for failure to provide ambulance service. Although AMR is a private ambulance service Mr. Steering successfully argued that AMR was acting under the color of state law as they were the only ambulance service allowed to service the Hemet are of Riverside County.

Mr. Steering successfully argued to then United States District Court Judge Carlos Moreno (later to become Associate Justice Carlos Moreno of the California Supreme Court) that because under the California Emergency Medical Services Act the only ambulance that one can summons, American Medical Response, that the good citizens of Riverside County were constructively in the custody of AMR ambulance services when they are in need of an ambulance.

In Risk v. Cathedral City, U.S. District Court Central District of Cal. (Riverside)(2006) Mr. Steering obtained a $125,000.00 settlement for false arrest / excessive force.

In Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), Mr. Steering obtained a $500,000.00 settlement for unreasonable force (i.e. taser).

In 2016 in the case of Licitra v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $300,000.00 settlement for false arrest / unreasonable force.

In Chynoweth v. County of Riverside et al.,Riverside County Superior Court (2011), Mr. Steering obtained a

RCSD Sgt. Ken Southern falsely arrests 64 year old stage 4 terminal cancer patient after beating him in front of a crowd at the Temecula Rod Run

$750,000.00 settlement for unreasonable force. 64 year old Mr. Chynoweth was showing his race car at the Temecula Rod Run. Mr. Chynoweth’s friend had driven his “hot rod” down the street and parked the same next to Mr. Chynoweth. His friend had a 1966 Chevelle with 1,000 horsepower and no muffler as did most of the hot rods at the Rod Run. His friend’s car made lots of noise but RCSD Sgt. Ken Southern was concerned with the friend having driven on the street after the Rod Run had begun.

While the 1,000 horsepower car was idling, Mr. Chynoweth, who could barely stand up and walked,and when he saw his friend arguing with Sgt. Southern, he yelled out for his friend not to argue with Sgt. Southern and just do what he says, otherwise he was going to be ejected, like others that day.

Sgt. Southern didn’t like Mr. Chynoweth’s attitude and told him to leave, so Mr. Chynoweth hobbled back to his car (the next rented show space over) and Sgt. Southern wanted him to left the entire event. Mr. Chynoweth protested that he paid $40.00 to rent that space for his car and that he shouldn’t have to leave.

When a large crowd saw Mr. Chynoweth verbally challenge Sgt. Southern, the good Sergeant slammed Mr. Chynoweth on the hood of his car, threw him down onto the grass and knee dropped him and arrested him; all in front of fifty people or so. Riverside County paid Mr. Chynoweth $750,000.00 for that transgression.

In 2012 Mr. Steering also obtained an $825,000.00 from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest (Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court;

In 2013 in Parnell v. County of Riverside (above), U.S. District Court (L.A.) Mr. Steering

David Parnell was beaten-up in his own home when RCSD Detectives arrested him in his home for a crime that he was innocent o

obtained $250,000.00 at award at trial for unreasonable force and unlawful search. RCSD Lake Elsinore Station detectives got a tip that someone was advertising a “Ditch Witch” construction drilling device on ebay, that was reported stolen in Colorado. The detectives dressed up as regular construction types, and told Mr. Parnell in him home that the Ditch Witch was stolen. Mr. Parnell had purchased the Ditch Witch at a legitimate drilling supply store and had the receipt with him.

In 2016 in Jones v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $300,000.00 settlement for unreasonable seizure of person.

In 2014 Holley v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $500,000.00 settlement for false arrest and unreasonable force.

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]

Mr. Steering also obtained an $825,000.00 settlement at completion of trial from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest [Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court (2012).]

Mr. Steering constantly sues the Riverside County Sheriff’s Department more and more often these days, because the simple truth is, that the Department is simply a morally bankrupt organization. When a Riverside County Sheriff’s Department deputy sheriff uses unreasonable force or falsely arrest civilians, the department encourages further constitutional transgressions, by defended the outrages against the public committed by the deputies. They don’t properly train their deputy sheriffs, and not only tolerate the use of unreasonable force and their accompanying false arrests and malicious criminal prosecutions, but, by case by case of backing the deputies, promote and encourage future constitutional violations. If you’re reading this article, you are probably a person who wouldn’t have believed these serious allegations, until they actually happened to you or yours.

POLICE SADISM IN THE UNITED STATES; IT ROOT AND CAUSES.

With all due respect to racial minorities, for the most part, today’s police officers do not care what color you are or where you came from. When you “fail the attitude test” with today’s police officers you probably will minimally be arrested for some “resistance offense“. If you continue to “mouth-off” to the officer (i.e. lawfully protest being falsely arrested or tell the cop they are acting unlawfully) you are begging for a police beating and there is a substantial probability that you will get one. This is no joke. No police or prosecutorial agency is going to fault a cop for beating you unless there is a clear video recording showing some black and white use of unreasonable force upon you by the officer. That is reality. Accordingly, as a real practical matter, the police soon learn that they usually can beat you with impunity.

Although one my lawfully non-forcefully resist an unlawful arrest or detention, and may with reasonable for resist the use of unreasonable force upon you by an officer (SeePeople v. Curtis, 70 Cal.2d 347 (1969) ) if you do resist or protest you are likely to be beaten and falsely prosecuted for some “resistance offense”.

Some of this is unlawful and outrageous police violence and downright police sadism a natural product of using force upon civilians every day for a living; even legitimately.The police walk around every day with a “Sam Brown Belt” with which they carry items such as: 1) a pistol, 2) a taser, 3) a baton (usually these days collapsible ones or “asps”), 4) peppery-spray, 5) bullets, 6) handcuffs, 7) police radio 8) recording device and 9) handcuffs. That is a lot of hardware. They also now usually carry AR-15 high powered rifles, rather than the traditional police shotguns. So, the average cop is armed to the teeth.

Some of this is the result of the United States being in a war in the Middle East since 2001. The United

Police Officers who served in War Zones

States invaded Afghanistan in 2001 and invaded Iraq in 2003. Because many of the United States Military personnel serving in those wars were Reserves, and because many of those Reserves were and are police officers, many of today’s police officers act as if they were in a war zone. When they perceive a potential threat to them, real, imaginary or contrived, they often just “take out” that threat. Frankly, who can blame them. The use of police SWAT teams is prevalent in this country, even for de minimis threats to anyone. Half of the time that SWAT team is basically practicing (on you; again, for fun). Modern police equipment is often indistinguishable for military garb.

Surprising to most, some of this police sadism and run-away use of unreasonable force is the result of civil and criminal juries constantly siding with the police. Law Enforcement Agencies never admit fault. They never admit that there officer wrongfully shot someone or unlawfully beat someone, or even unlawfully arrested someone. When juries excuse police outrages, the police now may come to believe that such conduct is now permitted. If their agency isn;t going to fault them and the juries won’t either, that really can do just about anything they desire with you. As Lord Acton stated some time ago: “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”

William Rehnquist, Associate Justice 1971 – 1986, Chief Justice 1986 – 2005; the Justice who led the Criminal Procedure Counter-Revolution and took the Supreme Court over the edge; to allow the seizure of persons who are not suspected of anything, merely to enhance officer’s safety, in direct conflict with the clear language of the 4th amendment to the U.S. Constitution.

OFFICER’S SAFETY HAS REPLACED YOUR RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES OF YOUR PERSONS AND PROPERTY.

Police officers usually don’t go “hands on” any more unless the person is handcuffed, or there are multiple officers to beat the person, “in concert”. These days they usually don’t even use their batons. They either tase you or just shoot you. There are no real world consequences for police officers to even murder an innocent; that is so long as no one is lurking in the shadows with a cell phone who video recorded the murder in sufficient detail to not allow the police to make up some phony justification as to why the officer properly shot another. It is not coincidental that the largest Sheriff’s Department in the United States, the Los Angeles County Sheriff’s Department, does not have video recorders in their patrol cars, or video or audio recorders on their persons. They don’t record because the Los Angeles County Sheriff’s Department is a truly brutal agency. It is really that simple. Again, however, if you had not seen or experienced the police outrage and you were just told about it by another, you just would not have believed it.

Moreover, thirty years ago if police officer pointed gun at a person’s head and ordered him to prone-out on the ground, the person was considered “under arrest”, not a mere “detention”. However, because judges in the real world are loathe to exclude incriminating from evidence from a criminal trials, they pervert the contours of those protections that at least used to be afforded to us by the United States Constitution. So, now pointing guns at persons heads and ordering them to prone themselves on the ground, and then kneeing them in their backs or necks or head, handcuffing them and placing them in the back of the police car, all as a precautionary measure for “Officer’s Safety”, is lawful; all because the Judge or Justices didn’t want to exclude the incriminating evidence found on the person when they are searched.

Here is an example. Say that a police officer gets call for a suspicious man wearing a red jacket at a park who is vandalizing park signs. When the police arrive at the scene they don’t have “probable cause” to arrest the man. They only have “reasonable suspicion” of criminality by man; sufficient to “detain” him to either confirm or dispel the officer’s suspicion that the man had vandalized park sign (know as an “investigative detention“).

When the police accost the man at the park point guns at his head, and order him to prone himself on the ground, and drop their knees down onto his back, handcuff him and place the man in the back seat of their patrol car; all as a precautionary measure for “Officer’s Safety”. As they place the man against the car before placing him inside, they entry out the mans pockets and find knife; a knife that happens to turn out to be the weapon that was used to rape and murder a little girl at the park. The police don’t even know that the man raped and murdered a little girl yet or even that there was a little girl murdered at all. The police arrest the man for carrying a concealed weapon and take him to jail.

After the police take the man to jail they learn that there was a little girl who was stabbed to death at the park that day. The police crime lab tests the knife and find a DNA match showing that the knife had the little girl’s blood on it.

The man is then charged with rape and murder by the District Attorney’s Office, and his criminal lawyer makes a motion to suppress (exclude) the knife from evidence at trial on the ground that the arresting officer didn’t have sufficient “probable cause” to have arrested the man at the park when they handcuffed him at gun point, proned him on the ground, kneed him in his back and placed him inside of the police car. Therefore, the full scale search of the man was unlawful because they only had ground to detain but not arrest him, and that knife should be excluded from evidence at trial because it is “the fruit of the poisonous tree“; evidence obtained in violation of the man’s fourth amendment right to be free from an arrest of one in the absence of “probable cause” to have arrested the man. If the knife is excluded from evidence the man will walk free. If the police restrained the man in a manner that exceeded that level of force allowed pursuant to an investigative detention, then he was technically “arrested” when the police pointed their guns at him, proned him on the ground, knee dropped him, handcuffed him and placed him inside of the patrol car.

What will the judge do? If the judge grants the motion to suppress the man walks free even though it is very clear that he was the rapist / murderer. Will the courts then find that the manner of restraint of the man exceeded that allowed pursuant to an investigative detention? Probably not. If they do then they must exclude the knife from evidence at trial and the man walks free, and the politicians (i.e Judges in this instance) are not inclined to do that. So, they usually will now declare that pointing guns at persons not suspected of violent crimes, proning them on the ground, handcuffing them, placing them in police cars and doing full scale searches of the persons and their property, is a reasonable manner of restraint for a detention.

The moral of our story is that case by case, issue by issue, year by year, the courts have allowed the police to use increasingly greater levels of force. Often because they don’t want to exclude evidence at criminal trials, and otherwise because Conservative Judges and Justices are bent on simply allowing the police to ignore longstanding search and seizure rights of the public in the name of officer safety.

San Bernardo County District Attorney Michael Ramos established his Crimes Against Peace Officer Unit (“CAPO”) to prosecute the victims of police abuse, to protect the police from liability for their outrages

POLICE BRUTALITY IS TOLERATED AND ENCOURAGED BY PUBLIC PROSECUTORS BY PROSECUTING INNOCENTS FOR RESISTANCE OFFENSES.

Ask any cop what percentage of Section 148(a)(1) cases (resisting / obstructing / delaying peace officer), Section 69 cases (prevent to deter public officer from performing duty of office via use or threat of violence) Section 243(b) and (c) cases (battery on peace officer) are legitimate, and off the record, they will tell you almost none; maybe one or two percent.

Section 69 is a “wobbler”;  a charge that can be charged as a misdemeanor or a felony. So, when the police beat you badly, or even shoot you, they will often charge you with felony violation of Section 69, for several reasons: 1) it (falsely) makes your conduct look more threatening to the police, the judge and the prosecutor, so as to justify their use of severe violence upon you; 2) since Section 69 can be charged as a felony, the police can require that you post bail before going to court; something that helps drain you financially, and something that often results in the person who was beaten-up by the police, pleading guilty to a crime against the officer, just to get out of jail; a guilty plea that precludes them from suing the officers later-on; 3) if the Section 69 charge is filed by the District Attorney’s Office as a felony, they often are able to get complete innocents to plead guilty to the misdemeanor offense of violation of Section 148(a)(1), which also will more often than not, legally preclude the victim of police violence from being able to successfully sue the police for the beating that they gave their victims.

The police procure your bogus malicious criminal prosecution for those resistance crimes as well as the other favorites; violations of Cal. Penal Code §§ 242 / 243(b) (battery on a peace officer [i.e the suspect struck my fist with his chin], and Cal. Penal Code §§ 240 241(c) (i.e. the suspect took an aggressive stance and clinched his fists, so I punched in the face three times and knocked him out), to beat you down; psychologically, emotionally, and especially, financially. After all, if you hire a private lawyer to represent you in court, and the lawyer actually knows how to defend such  bogus criminal actions (i.e. “resistance offenses”), you are going to have to shell-out thousands of dollars; to defend your honor, and to prevent the police from using a bogus conviction for a resistance offense to preclude you from being able to successfully sue them in court. So, because you had the audacity to ask the police officer what’s going on, and why he wants you to prone yourself out on the ground, you not only get “gooned” by the police, but you get criminally prosecute for “resisting / delaying / obstructing a peace officer, battery on a peace officer, or some other “resistance offense.”

Now, that you’re charged with a crime against a police officer, when you were the victim of his bad day disposition, you get it; 99.9% of allegations of battery ON a peace officer, are, in reality, battery BY a peace officer. This is not joke, and no exaggeration. The police routinely procure, or a attempt to procure, the filing of at least a misdemeanor Count of violation of Cal. Penal Code § 148(a)(1); resisting / obstructing / delaying a peace officer engaged in the lawful performance of his/her duties. Section 148(a)(1) is otherwise known in police circles as “Contempt Of Cop“; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test), is in itself, vague, ambiguous and unintelligible. It is used every day to oppress those who voice their dissatisfaction with the police; more often than not, because of abusive and disrespectful conduct by the police.

THE COPS ARE OUT OF CONTROL.

These bogus arrests of victims for “resistance crimes” or “obstruction crimes”, has become a national phenomenon. In a nutshell, the police procurement of bogus criminal charges against the victims, in most cases in the real world, with real people who don’t have unlimited monies to muster a real criminal defense, works. It works if the cops can lie well enough in their reports, to shift the blame to you; the victim of a bully with a badge. It works if the cops can get the District Attorney’s Officer (or City Attorney’s Office or, the Attorney General’s Office), to file a criminal “obstruction offense” against you. It beats you down financially. It causes truly innocent people to plead guilty to crimes against police officers, when they were the victims; often because they can’t make bail, and they would have to spend many months locked-up in jail before their trials.

If you’re convicted of any crime against a peace officer that requires that the officer be lawfully engaged in the performance of his duties; you are often legally precluded from suing to vindicate the violation of your constitutional rights, such as the right to be free from the use of excessive force on your person. These “obstruction crimes” usually almost always include a base allegation of violation of Cal. Penal Code §148(a)(1) (resisting / obstructing / delaying peace officer), since almost any conduct or contact between a civilian and a peace officer can be creatively twisted into some sort of legally peverse claim for violation of that statute. Other “obstruction crime” favorites are battery on a peace officer, Cal. Penal Code §§ 242 / 243(b) (i.e the suspect struck my fist with his chin), Cal. Penal Code §§ 240 241 (i.e. the suspect took an aggressive stance and clinched his fists, so I punched in the face three times and knocked him out), Cal. Penal Code §§ 242 243(b), and the felony favorite if the cops really don’t like you and want you to have to spend thousands of dollars on bail; Cal. Penal Code § 69 (threat or use of force or violence to deter / prevent public officer from performing duty of office].) The legal theory of your preclusion is two-fold; 1) the doctrine of collateral estoppel, and 2) the policy decision of the Supreme Court to stick-it to you and me; the Heck v. Humphrey preclusion doctrine.

IT REALLY HAS BECOME THAT BAD; CASE EXAMPLE, THE DESERT HOT SPRINGS POLICE DEPARTMENT.

Case In Point; Desert Hot Springs PD:

In the mid-2000’s Desert Hot Springs (California) Police Department Lieutenant David Henderson used to bring two cans of pepper-spray with him during his duty shift, because one can of pepper-spray usually wasn’t enough. In order to get off of a new officer’s probationary period with Lt. Henderson and be a regular DHSPD police officer, one had to “engage”; to beat up someone; innocent or not, when no force was called for at all. They were usually handcuffed. Lt. Henderson eventually was convicted of torturing an arrestee with pepper-spray. He put red WD-40 straws on his pepper-spray cans and stuck the straw up the nose of his victim and then pull the trigger.

DHSPD Sgt. Anthony Sclafani was sentenced to federal prison for torturing prisoners

Lt. Henderson’s cohort, DHSPD Sgt. Anthony Sclafani was also convicted of torturing prisoners; a woman and a gangster. He stomped, pepper-sprayed and tased his victim and he ended up in federal prison. This was normal at DHSPD in the 2000’s.

DHSPD was so bad that in the Michael Sanchez in-custody death incident (a pursuit case by the Riverside County Sheriff’s Department), after the sheriff’s deputies were done beating Mr. Sanchez they watched Lt. Henderson kick a beating and handcuffed Mr. Sanchez in his testicles (“Like kicking a field goal through the uprights”), and watched Mr. Sanchez die from that kick within a minute. They did nothing about that and neither did the FBI or the Riverside County District Attorney’s Office, who both know the gory details of Mr. Sanchez’ murder in the desert by    the police. This again is no joke. This really happened.

DHSPD was so bad that the department was divided into two camps; the “Meat Eaters” (used force for fun and glory) and the “Lettuce Eaters” (those who didn’t create excuses to beat and torture civilians). Two thirds of the agency were under FBI investigation.

DHSPD was once of the worst departments in the country, but the Riverside County Sheriff’s Department, the Los Angeles County Sheriff’s Department and the San Bernardino County Sheriff’s Department still to this day to not have either patrol car video recording systems, body cams, or even any policy requiring the deputies to audio record their detentions or arrests of civilians.

Other police agencies are not far behind, if at all, DHSPD.

Take the Los Angeles County Sheriff’s Department. The certainly have DHSPD beat in sheer number of total police outrages committed.

There is a “Blue Code of Silence“between and among peace officers throughout the nation, and everyone knows this. This is no startling revelation. The County of Los Angeles has itself released a report Commissioned by the Board of Supervisors, acknowledging the existence of, and actually condemning, the Sheriff’s Department’s own rogue gangs of sadistic jailers at the Los Angeles County Central Men’s

Jail. See, The Citizens Commission on Jail Violence September 28, 2012. A retired Los Angeles County Sheriff’s Department Captain reported to the Los Angeles Times, that the L.A. County Men’s Central Jail was, essentially, a torture chamber, run by these jailer gangs (tattoos of their gang symbols on their ankles and all) of sadistic sociopaths. Discipline for beatings was not existent, and torturing inmates was actually required for jailer gang initiation. See, “L.A. County sheriff’s official tells of jail brutality”, LA Times, July 7, 2012. See also, “L.A. County jail violence sheriff’s fault, panel says“, LA Times, September 28, 2012. Rival Sheriff’s Department jailer gangs even got into a rumble between the “3000 Boys” (the third floor jailers) and the “2000 Boys” (the second floor jailers)at a Sheriff’s Department Christmas party. 

THE LAPD’S MOTTO IS “WE’RE THE BADEST GANG IN

Los Angeles police beat a boy for skateboarding on the wrong side of the street

TOWN”.

A recent study of the Los Angeles Sheriffs Department (LASD) that was commissioned by the Los Angeles County Board of Supervisors (“Report of the Citizens Commission on Jail Violence“) actually found that there is a culture   within the Los Angeles Sheriffs Department of various “gangs of officers”, who routinely beat, torture, maim and kill members of the jails, and of the community, for fun; for the honor of the gang. Everybody is a scumbag, and have no rights.

One of those gangs was “the Vikings”, whose “colors” was the Minnesota Vikings Football Team log
tattooed on their lower legs. The Former Undersheriff, Paul Tanaka, was a Viking gang member when he was a Captain at the Lynwood Sheriff’s Station. The Vikings were found by United States District Judge Jesse Curits to be a Neo-Nazi / White Supremacist gang within the ranks of the Los Angles County Sheriff’s Department; See, Thomas v. County of Los Angeles, et al; 978 F.2d 504 (1992).

Some of the LASD gangs of these gangster deputies are: The 3000 Club (the deputies who worked the third floor of the L.A. County Men’s Central Jail), The Grim Reapers, The Little Devils, The Regulators, The Vikings and The Jump Off Boys.

Tattoo on member of the “3000 Club”; the gang of deputies who work on the third floor of the Los Angeles County Men’s Central Jail.

Out Boys. After the FBI had announced that it had infiltrated the Los Angeles County jail and can now prove that the LASD Men’s Jail was essentially a torture chamber, with gangs of sick and sadistic guards, Paul Tanaka still showed his grit, as an LASD “gansta”, by addressing the command staff of the sheriff’s department, about the LASD internal affairs bureau. He mentioned that their were 45 LASD Internal Affairs Bureau investigators, and that was 44 too many (you’re got to have at least one to have a bureau.)

In 2014, six LASD Deputy Sheriffs were convicted of obstructing the FBI’s investigation of the torturing of prisoners at the Los Angeles County Jails. That’s not the end of it. Former LASD Deputy Sheriff Noel Womack pleaded guilty in June of 2015 to federal charges of lying to the FBI about systemic LASD torturing and framing of inmates at the Los Angeles County Jails.

LASD Undersheriff Paul Tanaka following his conviction for obstruction of federal investigation

On May 13, 2015 former Los Angeles County Sheriff’s Department Undersheriff Paul Tanaka, along with a retired LASD Captain, were indicted on May 13, 2015 by a federal Grand Jury for Obstructing and Conspiring to Obstruct a federal Grand Jury investigation of the rampant torturing of inmates at the Los Angeles County Jail (See, Paul Tanaka Indictment of May 13, 2015.) Those Indictments also resulted in the resignation of Los Angeles County Sheriff Lee Baca, as Tanaka implicated Baca as having approved the LASD scheme to thwart the FBI investigation of tortures, beatings and murders of inmates by deputies at the L.A. County Jails.

On February 10, 2016, former Los Angeles County Sheriff Lee Baca pleaded guilty to violation of 18 U.S.C. § 1001(a)(2); lying to FBI agents and federal prosecutors investigating the beatings of inmates and visitors at the Los Angeles County Jails. As part of a surprise plea deal with the U.S. attorney’s office, Sheriff Baca admitted that he took an active role in trying to stymie the federal probe into his deputies routinely beating and torturing inmates at the Los Angeles County Jails and in having his deputies hide an FBI informant – jail inmate from his FBI handlers. He admitted  even approving a team of his deputy sheriff’s attempting to interfere with the government’s investigation by threatening an FBI agent at her home with arrest.

Thereafter, on April 6, 2016, former LASD Undersheriff was convicted by a jury of  violation of 18 U.S.C. § 371 (conspiring to obstruct justice) and 18 U.S.C. § 1503(a) (obstructing justice), for not only obstructing an FBI investigation into years of beatings and torturing of inmates at the L.A. County Jail, but also Tanaka and other high ranking Sheriff’s Department officials threatening one of the FBI agents involved in that investigation, with arrest for continuing that investigation. In his trial, Tanaka admitted that he still had the Minnesota Vikings Logo tattoo on his leg; a tattoo that he described as a member in a club; the “Vikings”; a tatoo that the federal courts have held is the gang taoo for a “neo-Nazi white supremacists gang within the Los Angeles County Sheriff’s Department. See, Thomas v. County of Los Angeles, 978 F.2d 504 (1992).

Thereafter, on July 18, 2016, United States District Judge Percy Anderson threw out a plea agreement that would have given former Los Angeles County Sheriff Lee Baca a maximum of six months in prison, saying the sentence was too lenient considering Baca’s role in obstructing an FBI investigation into the county jails. Addressing a downtown courtroom packed with Baca’s supporters, U.S. District Court Judge Percy Anderson said the deal “would trivialize the seriousness of the offenses … the need for a just punishment [and] the need to deter others.”

United States District Judge Percy Anderson

On December 19, 2016 a mistrial was declared in that federal criminal corruption case against Sheriff Lee Baca. During the two-week trial, prosecutors from the U.S. attorney’s office tried to convince jurors that Baca had played a central role in a scheme carried out by a group of subordinates to thwart an FBI investigation into abuses and corruption by sheriff’s deputies working as jailers. Baca’s lawyers countered he had been unaware of the ploy unfolding beneath him. The panel deliberated for days, with all but one of the 12 jurors ultimately voting to acquit Baca. After the panel announced it was deadlocked, Anderson declared the mistrial.

On January 10, 2017, federal prosecutors announced that they would retry Sheriff Baca. Judge Percy Anderson also granted a request by the U.S. attorney’s office to allow prosecutors to include the charge of making false statements to federal authorities in the retrial. U.S. District Judge Percy Anderson previously split that charge from the obstruction and conspiracy charges Baca faced at his first trial.

Los Angeles County Sheriff Lee Baca

On March 16, 2017 Sheriff Lee Baca was convicted for his role in a scheme to block an FBI investigation into mistreatment of inmates in his jails.

One might think, why are these cops acting like Nazis; literally, not metaphorically? Why is this allowed to persist? Things have gotten so bad at the LASD that now the United States Department of Justice Indicted 18 LASD Deputy Sheriffs and their Supervisors on charges ranging from Obstruction of Justice and torturing prisoners.

Nonetheless, the body politic tolerates the existence, and the perpetuation of an ongoing unwritten agreement among and between peace officers, to falsely report, and, if necessary, to thereafter conspire with officers who they may not yet even know, to falsely testify, about event(s), if the potential or apparent criminal, administrative and civil liability of a fellow officer is at stake. After all, in the primary category of cases that truly are “false arrests” in the most malevolent sense of the word, “Contempt of Cop cases”, the only reason that there’s an arrest of a civilian at all, is because the Constable has violated another (i.e. beaten-up / torture); usually to self-medicate rather frail and easily bruise-able egos.

POLICE BRUTALITY, FALSE ARRESTS AND MALICIOUS CRIMINAL PROSECUTIONS.

Wrongful police beatings, accompanied by their sister “false arrests”, are a common and every day occurrence. These beating / arrests are no longer limited to persons of color. Soccer Moms, airline pilots and school teachers, beware: because of the great (and ever expanding) powers being given to police officers by the Supreme Court, described below, in a very real way, you no longer have the right to question, protest or challenge police actions, since to do so usually results in your being physically abused and falsely arrested on trumped of charges of essentially, “Contempt Of Cop”; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test.) These beatings of innocent by police officers is rampant and condoned and defended by the command structure of most, if not all, modern police agencies. See, Orange County Sheriff’s Department police torture videos, and other police beating videos throughout the Country. There is a “Blue Code of Silence” between and among peace officers throughout the nation, and everyone knows this. This is no startling revelation. The County of Los Angeles has itself released a public document, acknowledging the existence of, and actually condemning, the Sheriff’s Department’s own rogue gangs of sadistic jailers at the Los Angeles County Central Men’s Jail. SeeThe Citizens Commission on Jail Violence September 28, 2012.

IN CALIFORNIA, A POLICE OFFICER CAN BEAT-UP OR MURDER ANYONE THAT THEY WANT TO, ANY TIME THAT THEY WANT TO, WHILE ON-DUTY.

The use of unreasonable and unlawful force in America is so rampant, that in these modern times, at least in California, a police officer can murder anyone that they want to, any time that they want to. Juries are very reluctant to convict police officers for any sort of duty related actions, such as shooting civilians. In 2010, the Los Angeles County Sheriff’s Department Shot 15 Unarmed People To Death – “Perception Shootings”. See p. 56 of the Los Angeles County Sheriff’s Department 30th Semi-Annual Report to the Los Angeles County Board of Supervisors.

All that the police officers need to say is the they were afraid for their lives because their shooting victim had his hands in his pockets, or that his hands were under his body and wouldn’t show them to the officer, or that he was reaching for his waistband area. The modern police line is that if an officer either can’t see your hands or if you reach for you waist or pockets, that it’s okay to shoot the person. This is no joke. None of the shootings of the fifteen unarmed people who were shot to death by the LA Sheriff’s Department in 2010 were found by the department to have violated department policy. Moreover, none of those deputies were criminally prosecuted for those shootings; even when witnesses have come forward and disputed the deputies’ claims as to what happened.

These homicides by police officer aren’t just limited to shootings. For example, on January 13, 2014, an Orange County, California, Superior Court jury acquitted two Fullerton Police Department officers of murdering / using unreasonable force on the mentally-ill son of a former Orange County Sheriff’s Department Deputy Sheriff; Kelly Thomas. The beating death was audio and video recorded, and no reasonable human being could have believed that the beating death was justified. The video recording shows two sadistic police officers, beat Kelly Thomas to death. However, the defense was able to show the jury two prior incidents that made the jury simply not care that Kelly Thomas was wrongfully beat to death; the testimony about his having previous struck his grandfather, and testimony about his mother obtaining a restraining order against him. Remember, this was a mentally ill young man, who had his moments. They were able to do this, because California Evidence Code Section 1103 permits a criminal defendants to show the character of the alleged victim of their crime, to prove that the victim has a certain character, and that the victim acted in conformity with that character during the incident complained of; the one that the criminal defendant is being prosecuted for.

Chief Charlie Beck never admits fault by the LAPD

The Los Angeles Police Departments (LAPD’s) motto is: Were the badest gang in town. One might think, why are these cops acting like Nazis? Why is this allowed to persist?

Nonetheless, the body politic tolerates the existence, and the perpetuation of an ongoing unwritten agreement among and between peace officers, to falsely report, and, if necessary, to thereafter conspire with officers who they may not yet even know, to falsely testify, about event(s), if the potential or apparent criminal, administrative and civil liability of a fellow officer is at stake. After all, in the primary category of cases that truly are “false arrests” in the most malevolent sense of the word, “Contempt of Cop cases“, the only reason that there’s an arrest of a civilian at all, is because the police officer has beaten-up / tortured another; usually to self-medicate rather their frail and easily bruise-able egos. If you’re reading this article, the odds are, that either you or a loved one or friend has been beaten-up by the police and are being criminally prosecuted for allegedly battering the officer or somehow “resisting” the officer.

Orange County, California had a Sheriff’s Department that was run by creepy Sheriff Mike Carona, who is presently in federal prison for witness tampering (instructing witness to lie to Grand Jury.) Until Sheriff Carona went to prison, Orange County was a fantasy assignment for those truly sadistic peace officers, who “get-off” on beating inmates and arrestees.

Modern police agencies are afraid of losing their “power” in, and over, a community. That “power” base (i.e. ability to influence the politicians and the public), is based in large part, on the public “supporting the police”. That popular support is based upon a belief by the body politic, that: 1) police officers are well trained and know and respect your Constitutional rights, 2) they’re basically honest, 3) that only a small percentage of them would commit perjury, 4) that the force that the police use on people is almost always justified (if not legally, then morally), and 5) that the police are capable of policing themselves. Although none of these beliefs are accurate, one cannot ignore the belief system of the majority of the white / affluent American populace, in understanding why police officers routinely, and without a second thought, falsely arrest civilians, and commit other outrages against innocents.

MOST FALSE ARRESTS ARE EFFORTS BY POLICE OFFICERS TO PROTECT THEMSELVES FROM CIVIL, CRIMINAL AND ADMINISTRATIVE LIABILITY, FOR OTHER WRONGFUL ACTS COMMITTED BY THEM

Police Misconduct is rampant and condoned and defended by the command structure of most, if not all, modern police agencies. Modern police agencies are afraid of losing their “power” in and over a community. That “power base”, is based in large part, on the public “supporting the police”. That popular support is based upon a belief by the body politic, that: 1) police officers have a difficult and dangerous job, 2) that they’re basically honest, 3) that only a small percentage of them would commit perjury, 4) that the force that the police use on people is almost always justified (if not legally, then morally), and that 5) police are capable of policing themselves. Although none of these beliefs are accurate, one cannot ignore the belief system of the majority of the white / affluent American populace, in understanding why police officers routinely, and without a second thought, falsely arrest civilians, and commit other outrages against innocents.

Wrongful police beatings, accompanied by their sister “false arrests”, are a common and every day occurrence. These beating / arrests are no longer limited to persons of color. Soccer Moms, airline pilots and school teachers, beware: because of the great (and ever expanding) powers being given to police officers by the Supreme Court, described below, in a very real way, you no longer have the right to question, protest or challenge police actions, since to do so usually results in your being physically abused and falsely arrested on trumped of charges of essentially, “Contempt Of Cop”; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test.)

Unfortunately, because of institutional pressures (i.e. “ratting out fellow officer not a good career move) and the obvious political and practical consequences of not backing-up the their fellow officers, the norm in today’s police profession, is for peace officers to falsely arrest civilians, and to author false police reports, to procure the bogus criminal prosecutions (i.e. to literally “frame”) of those civilians whose Constitutional rights and basic human dignity have been violated by them. After all; how would it look if a police officer beat you up, and didn’t arrest you. Because most police officers, including those that step-over Constitutional “line in the sand” (i.e. beating another, falsely accusing civilians of crimes), are not true sociopaths, when they falsely charge you with a crime, it isn’t usually too serious of one. Most are bogus claims for violation of Cal. Penal Code 148(a)(1), because the crime of “resisting or obstructing or delaying a peace officer who’s engaged in the performance of his/her duties” is incredibly ambiguous, and can (ingenuously or ignorantly) be applied to almost any conduct by a person (i.e. the defendant yelled at me for restraining [torturing] the “suspect”, so he delayed me from arresting the “suspect” because I had to look his way and take a protective stance in the events that the defendant charged at me.)

WHY THE COPS CAN GET USUALLY GET AWAY WITH IT; AMERICANS’ BELIEF SYSTEM ABOUT POLICE OFFICERS

Most Americans have a deeply held belief that police officers don’t beat-up civilians who don’t deserve it. People believe what they want to believe, and they don’t want to believe that the persons entrusted with their safety, routinely beat-up and “frame” innocents; often for fun, or to bolster their frail egos. However, in the real world, many police officers do just that. A substantial minority of peace officers actually do beat, torture and falsely arrest those that defy their authority, or somehow bruise their fragile egos. Thus, in the real world, the crime of “battery on a peace officer (Cal. Penal Code § 242 / 243(b)), is almost always, in reality, battery by a peace officer; otherwise known as “excessive force” or “Unreasonable Force”, and the crime of resisting arrest (resisting or obstructing or delaying a peace officer; Cal. Penal Code § 148(a)(1)), is almost always the choice crime to arrest a civilian who committed no crime. The police can fairly easily obtain convictions of their victims for “resisting / obstructing / delaying a peace officer”, because almost any conduct by a civilian can be characterized as falling within the ambit of that statute; especially conduct that jurors find themselves believing is not the way that they would have handled that situation.

WHY THE COPS CAN GET USUALLY GET AWAY WITH IT; THE JURORS

To attack the jury system is to attack an institution that has been the primary barrier between oppression and freedom in the English speaking world since 1215. This is not an attack on the jury system. It is merely a reflection as to why in false arrest, unreasonable force and malicious prosecution cases, The way that a jury decides these type of cases is as much political, as it is an exercise in fact finding. The persons who ultimately get to sit on juries in these cases, have no real idea as to how police officers actually act, and have no idea how truly institutionally corrupt, police agencies really are when it comes to defending the County / City coffers and their and the politicians’ images.

In both civil and criminal cases, the parties have some say in the composition of the jury. The jury pool are supposedly called randomly, and the Court and the lawyers get to ask them questions. That part of a trial, questioning potential jurors, is called voir dire, that in French means, to speak the truth. Each side gets a certain numbers of peremptory challenges, that they can use to strike persons from sitting as jurors. In a federal court civil rights case, each side usually gets four peremptory challenges. So far, sounds fair. Here’s the rub.

Most people who have actually seen police officers beat-up a civilian have a lasting terrible feeling about police misconduct. Almost invariably, when they are asked by the lawyers or the Court about whether their prior experience with police misconduct will cause them to be prejudice against either side, they almost always say Yes. Most such people who have seen police beatings and the false prosecutions of their friends, are so deeply affected, that they invariably tell the Court that they are biased against police officers (in this type of case), and that they cant really put-aside that bias and be completely fair and impartial. Once they make that statement, any such jurors are then routinely excused for cause from sitting on that jury. Thus, the jurors who would more likely be favorable to the civil rights plaintiff (or criminal defendant accused of some crime against a peace officer), is excused for cause from sitting on the jury. The lawyer defending the case for the police doesn’t even had to use one of their jury peremptory challenges to get rid of that juror. All of the others jurors who do get to sit, are people who have never seen police misconduct; leaving a jury that, unfortunately, have no concept of the way that police, and police organizations, actually act.

Therefore, when Miss, Mrs. or Mr. Citizen gets falsely arrested, beaten-up or maliciously prosecuted by police agencies, and gets criminally prosecuted for conduct that often isn’t criminal (i.e. “creative use” of the California criminal statute Penal Code Section 148(a)(1)), these “sanitized jurors” will generally not believe that the police really did what Miss, Mrs. or Mr. Citizen claim that they did, unless Miss, Mrs. or Mr. Citizen’s attorney can really prove otherwise; real proof; like a video, audio, or a bus load of highly observant nuns with photographic memories who testified about clearly indefensible police conduct. That’s why the jury system rigged against persons victimized by the police; because the only people who ever get to sit in judgment in these type of cases as jurors, are persons who have never had a bad experience with a police officer, or and who has not seen outrageous police conduct. Their life experience tells them something that’s just not true; that police officer don’t beat people up unless they did something to deserve it. You, therefore, need great proof to dispel that belief by jurors.

WHY THE COPS CAN GET USUALLY GET AWAY WITH IT; AS A PRACTICAL MATTER, WE LIVE IN A POLICE STATE

If you think, as a practical matter, that you live in a free country, you’re wrong. We live in a police state; at least to a very appreciable degree. As a practical matter, the police can do whatever they want to you, and then procure the institution of a bogus criminal case against you. They typically author bogus police reports that claim that you committed some crime, like resisting / obstructing / delaying a peace officer (Cal. Penal Code § 148(a)(1)) and/or battery on a peace officer (Cal. Penal Code § 242 / 243(b)), that results in a bogus criminal prosecution against you. They know that the District Attorney’s Office takes great pride in protecting the police from civil liability, by filing and prosecuting criminal action. They do this to beat you down; to make it so expensive for you to defend yourself on bogus criminal charges that carry little chance of actually being sentenced to jail, such as resisting arrest, that you end-up taking a plea bargain, that, in practical effect, bars your lawsuit by you for either false arrest, malicious prosecution, and, in most such cases, unreasonable force.

They also do this to protect themselves from internal discipline, and criminal liability for civil rights violations (18 U.S.C. § 242; violating a persons federal Constitutional rights under the color of state law.) The employing police agency will (almost) always deny that their officer engaged in wrongful conduct, especially in swearing contest type cases, where there is no video recording of the police beatings. Because the employing police agency will (almost) always back their officers by touting their (false) version of the story in order to avoid civil liability to the employing entity for the actions of their officers, it’s almost impossible to discipline them. For example, the City of Inglewood, California, fired Inglewood Police Department officer Jeremy Morse, for the video recording beating of a teenager at a gas station. When it came time for the civil suit against the City and the officers for the beating, the City contended that the officers acted properly. Accordingly, since the City took that position, fired officer Jeremy Morse sued the city, and won $21600,000.00 for his wrongful firing.

 

I CALLED THE POLICE TO PROTECT ME, SO WHY WAS I THE ONE WHO WAS BEATEN-UP AND ARRESTED?

A frequent type of case in which the police falsely arrest an innocent person, is when you, your spouse, your lover, or your parent or child, call the police. Many times family members feel that they cannot control mentally ill (or mad or drunk / drugged-up) people, including and especially their relatives, so they call “911″; often believing that the ambulance and paramedics are going to come to actually help them. They may not have even thought that the police would be the responding agency, but when they find out that the police are there, trouble may be awaiting. Once the cops are on the scene, they are taught to take charge, and anyone challenging, or even questioning, the police giving orders or their authority to do so, even seemingly unreasonable ones, is going to either get physically abused by the police, or falsely arrested by the police, or both.

Also, many spouses or lovers call the police on each other, to get the other person out of the house; even for a night or two. The police are not there to solve your family problems, so when you make that call, don’t make it unless you want your spouse or lover to go to jail, or worse. Cops are not counselors. They take people to jail. That’s what they do. So remember, when you call the police on your parent, child, lover or spouse, the person who ends-up getting thumped and arrested by the police just may be you. “No” you say? The police won’t arrest me if I’m the party calling the police. You’re wrong. They don’t care who called. All that the seem to care about, is how you respond to them; regardless of how unreasonable they act. If then, they thump you and beat you up, the odds are, that the police won’t even investigate the subject matter that you called about. Now, all of their attention is on you, since they violated you.

Also, do not use the police to get a border or a family member out of your house, unless the person is posing a “real” threat of imminent serious physical harm. If it’s that bad that you can’t stay in the house, then leave and get a hotel room, or just leave. The police cannot summarily evict / eject a civilian from a home in which they reside; whether they’re on the lease or not. In California, if a person resides at a home, only a Judge can force them to leave; either in the form of: 1) a Writ of Possession (the Court Order that the landlord gets in an “unlawful detainer” action, to give to the Sheriff’s Department, to eject you from your home, when you don’t pay your rent); 2) a Civil Harassment Restraining Order (under Cal. Civ. Proc. Code § 527.6); 3) a Domestic Violence Restraining Order (under Cal. Family Code § 6320), and 4) an Emergency Protective Order in a criminal case (pursuant to Cal. Penal Code § 136.2.)

CONTEMPT OF COP CASES– A FREQUENT REASON FOR FALSE ARRESTS BY POLICE OFFICERS.

Contempt Of Cop“ cases, are bogus criminal actions, brought against innocents by criminal prosecutors, for essentially, “bruised ego“ violations. The “ego bruising”, is really nothing more than a civilian not immediately, and without protest or question, getting-down on the ground in a proned position, or not doing something that the officer wants you to do (lawful, reasonable or not) immediately, and without question or protest. The Constable‘s “ego” is typically “bruised”, by your conduct, such as: 1) asserting your Constitutional rights, or 2) claiming knowledge of them, or 3) asking the Constable why you’re being ordered to lie down on the ground while your chest is being illuminated by the red spot of a pistol or rifle targeting device; 4) telling the Constable that you have a medical condition that makes it difficult or painful to get on the ground; 5) telling the Constable that he can’t do something (i.e. can’t go in my house without a warrant; you can’t make me go inside or come outside); 6) failing to consent to an entry or a search; and 7) not exiting your house when ordered to do so (even though the police generally can’t order you to exit a private residence; save probable cause to arrest for serious dangerous felony, coupled with an emergency; See, United States v. Al-Azzawy, 784 F.2d 890 (9th Cir. 1985) and Elder v. Holloway, 510 U.S. 510 (1994.) These are but a few examples. The list is endless, but the theme is the same. Failing to immediately do whatever the police tell you to do, without protest, challenge or remarks, often will result in your being beaten-up, falsely arrested, and maliciously criminally prosecuted.

These, “Contempt Of Cop” cases, typical involve the police using force upon persons (i.e. beating them) and/or falsely arresting them, and then inventing bogus allegations of violations various “Contempt Of Cop” statutes, such as violations of: 1) Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer [commonly called “resisting arrest”]; the most abused statute in the Penal Code; 2) Cal. Penal Code § 240 /241(b) (assault on a peace officer); 3) Cal. Penal Code § 242 / 243(b) (battery on a peace officer); and 4) Cal. Penal Code 69 (interfering with public officer via actual or threatened use of force or violence.) Cal. Penal Code § 69 is a “wobbler”; a California public offense that may be filed by the District Attorney’s Office as either a felony or a misdemeanor. In Orange County, Riverside County and Los Angeles County, allegations of violation of Penal Code § 69 are usually filed as misdemeanors. In San Bernardino County, however, allegations of violation of Cal. Penal Code § 69 are filed as felonies much more often than her sister counties. If they shoot you, they may even charge you with Cal. Penal § Code 245(d); assault on a peace officer in a manner likely to result in great bodily injury.

III. Police Incompetence: A Frequent Reason For False Arrests By Police Officers.

Believe it or not, most experienced police officers have a pretty good functional understanding of very basic fourth amendment search and seizure issues. For example, police training about basic street contacts with civilians includes the following:

  • Detentions of persons outside of the home;
  • Arrests of persons outside of the home;
  • The use of force on persons outside of the home;
  • Probation searches
  • Parole searches
  • Search warrants
  • Warrantless searches of persons, vehicles and homes

Once you get past the basics, most police officers really don’t understand what the Constitution forbids them from doing. Police officers simply are not sufficiently trained to properly act within with long established Constitutional constraints on them. It takes years for lawyers and judges to understand fourth amendment search and seizure issues, and they disagree often about whether certain conduct is, or is not, constitutional.

Moreover, just like the rest of us, the cops make mistakes all of the time. They are human, and, therefore, false arrests by police officers are almost very often the product of either sheer incompetence (i.e. the police arrest another for conduct that isn’t criminal), or of the police officer attempting to justify his unlawful conduct, by arresting and then framing their victim (i.e. false police reports, perjurious court testimony, false convictions) of his federal criminal (18 U.S.C. § 242), and otherwise tortious misconduct (i.e. if the police use unreasonable / unlawful force on a civilian, the use of force is almost always followed by a false arrest.)

FALSE ARREST CASES; CALIFORNIA LAW.

FALSE ARREST BY PEACE OFFICER – ELEMENTS AND PROOF – CALIFORNIA LAW.

A “false arrest” is the same “tort” as a “false imprisonment” under California law. Unlike federal law, under California law, the burden is on the police to justify their “seizure” (false arrest / false imprisonment) of you at a civil trial (See, California Civil Jury Instructions (“CACI”) 1401 [False Arrest by Peace Officer Without Warrant] and 1402 [Peace Officer’s Justification / Defense To Claim Of False Arrest].) Under California law, a peace officer (i.e. police officer or deputy sheriff) may arrest another for a felony for which the officer has “probable cause” to believe person committed, or may arrest another for a misdemeanor that was committed in their presence (See, Cal. Penal Code § 836.) “Presence is not mere physical proximity but is determined by whether the offense is apparent to the officers senses. People v. Sjosten, 262 Cal.App.2d 539, 543544 (1968″.) An officer can arrest a civilian, upon probable cause, for any felony; committed in the presence of an officer or not. Cal. Penal Code § 836. However, it does not violate the fourth amendment, for an officer to arrest for a misdemeanor that was committed outside of the presence of the officer.

FALSE ARREST BY PEACE OFFICER – NO “QUASI-QUALIFIED IMMUNITY” – CALIFORNIA LAW/

Cal. Penal Code 847(b) provides:

“There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer . . . acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances:

(1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful.”

Although police civil defendants have argued that Section 847(b)(1) immunizes peace officers for false arrests like the “qualified immunity“ provided for police false arrest civil defendants federal court, that code section cannot be reasonably construed that way. The first part of Section 47(b)(1) (“The arrest was lawful”), logically changes nothing, for if the arrest was lawful, then there is no liability under anyone’s theory; kind an unintended legal redundancy. The second part of Section 47(b)(1) (“the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful”), could only reasonably be meant to apply to a situation, where an officer arrested a civilian based upon either: 1) an arrest warrant that did issue, but for which there was no probable cause to have issued (the officer who obtained the arrest warrant on insufficient grounds committed the fourth amendment violation, and is liable for the false arrest, unless otherwise protected, such as by “qualified immunity“), or 2) when the officer had “reasonable cause”, which is essentially a term equivalent to “probable cause” under the jury instructions that are used at the trial of this particular tort (See, CACI 1402; . . . arrest lawful if . . . “reasonable cause to believe that the plaintiff committed a crime is the standard for whether a peace officer’s arrest of a civilian was lawful.) Therefore, logically, Section 47(b)(1) provides no immunity for California peace officers for a false arrest. That does not mean, however, that a state or federal judge won’t disagree with that proposition. It is not fully developed under either California law, or by the federal district court’s interpretation of that statute.

FALSE ARREST BY PEACE OFFICER – FEDERAL LAW – GENERALLY.

A “false arrest” under federal law, is considered a violation of a person’s right to be free from an “unreasonable seizure” of their person under the Fourth Amendment (See, Ninth Circuit Court of Appeals Model Civil Jury Instruction for Arrest Without Probable Cause Or Warrant.) The United States Supreme Court has defined a “seizure of a person” as when a reasonable person would not feel free to leave the presence of police officers and to go about their business. See, United States v. Mendenhall, 446 U.S. 544 (1980.)

In 1871, Congress enacted the Ku Klux Klan Act (42 U.S.C. § 1987), that gives any person whose federal Constitutional rights have been violated, a right to sue, any person who violated those rights under the color of state law, in a United States District Court. Section 1987 lawsuits can also be brought in a state court of general jurisdiction; See, 42 U.S.C. § 1988. Accordingly, a person who is falsely arrested by a peace officer (i.e. police officer, deputy sheriff, or some other officer who derives peace officer powers from state law), may sue the police officer under Section 1987, as well as under California state law.

In federal court, in a civil Fourth Amendment “arrest without probable cause” case (a federal false arrest case), the jury is instructed at the end of the case, on the following definition of “probable cause”:

“Probable cause exists when, under all of the circumstances known to the officer[s] at the time, an objectively reasonable police officer would conclude there is a fair probability that the plaintiff has committed or was committing a crime” (See, Ninth Circuit Court of Appeals Model Civil Jury Instruction 9.20, Arrest Without Probable Cause Or Warrant.)

Therefore, that standard, whether “an objectively reasonable police officer would conclude there is a “fair probability” that the plaintiff has committed or was committing a crime”, is the standard that the propriety of an arrest, outside of the home is judged by, in federal court in the states comprising the Ninth Circuit Court of Appeals (Ninth Circuit Model Civil Jury Instruction 9.20). It doesn’t matter what the thousands of other cases, from the Supreme Court on down, say about what “probable cause” means. All that matters, is what a civil jury is going to be told is the standard that they should judge the facts by, in their deliberations (a civil jury is the “Judge of the facts” [“trier of fact”], and the District Judge is the “Judge of the law”.)

Some justices say that the words “probable cause, are found in the text of the fourth amendment itself, and that is the standard for a seizure of a person by the government that was established by the Founding Fathers at the Constitutional Convention in Philadelphia in 1791; not reasonable suspicion:

“MR. JUSTICE DOUGLAS, dissenting.

I agree that petitioner was “seized” within the meaning of the Fourth Amendment. I also agree that frisking petitioner and his companions for guns was a “search.” But it is a mystery how that “search” and that “seizure” can be constitutional by Fourth Amendment standards unless there was “probable cause” [n1] to believe that (1) a crime had been committed or (2) a crime was in the process of being committed or (3) a crime was about to be committed.

The opinion of the Court disclaims the existence of “probable cause.” If loitering were in issue and that [p36] was the offense charged, there would be “probable cause” shown. But the crime here is carrying concealed weapons; [n2] and there is no basis for concluding that the officer had “probable cause” for believing that that crime was being committed. Had a warrant been sought, a magistrate would, therefore, have been unauthorized to issue one, for he can act only if there is a showing of “probable cause.” We hold today that the police have greater authority to make a “seizure” and conduct a “search” than a judge has to authorize such action. We have said precisely the opposite over and over again. [n3] [p37]

In other words, police officers up to today have been permitted to effect arrests or searches without warrants only when the facts within their personal knowledge would satisfy the constitutional standard of probable cause. At the time of their “seizure” without a warrant, they must possess facts concerning the person arrested that would have satisfied a magistrate that “probable cause” was indeed present. The term “probable cause” rings a bell of certainty that is not sounded by phrases such as “reasonable suspicion.” Moreover, the meaning of “probable cause” is deeply imbedded in our constitutional history. As we stated in Henry v. United States, 361 U.S. 98, 100-102:

The requirement of probable cause has roots that are deep in our history. The general warrant, in which the name of the person to be arrested was left blank, and the writs of assistance, against which James Otis inveighed, both perpetuated the oppressive practice of allowing the police to arrest and search on suspicion. Police control took the place of judicial control, since no showing of “probable cause” before a magistrate was required.

That philosophy [rebelling against these practices] later was reflected in the Fourth Amendment. And as the early American decisions both before and immediately after its adoption show, common rumor or report, suspicion, or even “strong reason to suspect” was not adequate to support a warrant [p38] for arrest. And that principle has survived to this day. . . .

. . . It is important, we think, that this requirement [of probable cause] be strictly enforced, for the standard set by the Constitution protects both the officer and the citizen. If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent. . . . And while a search without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. . . . This immunity of officers cannot fairly be enlarged without jeopardizing the privacy or security of the citizen.

The infringement on personal liberty of any “seizure” of a person can only be “reasonable” under the Fourth Amendment if we require the police to possess “probable cause” before they seize him. Only that line draws a meaningful distinction between an officer’s mere inkling and the presence of facts within the officer’s personal knowledge which would convince a reasonable man that the person seized has committed, is committing, or is about to commit a particular crime.

In dealing with probable cause, . . . as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Brinegar v. United States, 338 U.S. 160, 175.

To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment. [p39] Until the Fourth Amendment, which is closely allied with the Fifth, [n4] is rewritten, the person and the effects of the individual are beyond the reach of all government agencies until there are reasonable grounds to believe (probable cause) that a criminal venture has been launched or is about to be launched.

There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today.

Yet if the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can “seize” and “search” him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country.” Terry v. Ohio, 392 U.S. 1 (1968) Douglas,J. Dissenting.

Moreover, it does not matter what the arresting officer’s state of mind was, even if he was mistaken as to the crime committed, so long as in retrospect, a reasonably well trained officer would have believed that there was a “fair probability” that you committed a crime.

THE CLOSELY RELATED OFFENSE DOCTRINE; A REASONABLE BUT NOW EXTINCT APPROACH TO WHETHER CIVIL LIABILITY ATTACHES TO AN ARREST.

The Ninth Circuit Court of Appeals used to employ a doctrine entitled the “Closely Related Offense Doctrine.” Under that doctrine, if an officer arrested a civilian for one particular crime, but the police officer didn’t have probable cause to have arrested the person was for that crime, if a reasonably well trained officer would have believed that probable cause existed to have arrested the person for some other crime that was “closely related” to the crime that the person was arrested for, then the arrest is valid under the “Closely Related Offense Doctrine.” Bingham v City of Manhattan Beach, 341 F.3d 939 (9th Cir. 2003.) However, the “Closely Related Offense Doctrine” was overruled by the U.S. Supreme Court in Devenpeck v. Alford, 543 U.S. 146 (2004.)

“Our cases make clear that an arresting officers state of mind (except for the facts that he knows) is irrelevant to the existence of probable cause. . . . That is to say, his subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause. As we have repeatedly explained, the fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action. . .. [T]he Fourth Amendments concern with reasonableness allows certain actions to be taken in certain circumstances, whatever the subjective intent.” See, Devenpeck v. Alford, 543 U.S. 146, 15253 (2004.)

Accordingly, the arresting police officers belief about what crime a person committed is irrelevant. All that matters is whether a reasonably well trained officer would have entertained a belief that the person arrested committed a crime; that is, the “reasonably well trained officer” in the abstract. If that fictional “reasonably well trained police officer” would not have believed that a crime had been committed, the arrested person may be able to obtain compensation for his/her false arrest.

Many times an officer mistakenly believes that certain conduct is a crime, but it’s not (See, Tab above for “Police Misconduct News, and the Section therein entitled “Possum Impossible”; the Lorenzo Oliver case; Ninth Circuit Court of Appeals holds that, as matter of law, no crime committed.) Other times, an officer arrests a person for a crime that he has no warrant or probable cause for, but, under the facts as the officer knew them, there was nonetheless a crime committed, that would have been apparent to the officer is he was familiar with that particular criminal statute. So long as a reasonably well trained officer would have believed that probable cause existed from the facts known to the arresting officer, the arrest is generally lawful. See, Devenpeck v. Alford, 543 U.S. 146, 15253 (2004.)

ATWATER LEGALIZES OTHERWISE FALSE ARRESTS.

If a police officer arrests you for any violation of law, even a parking ticket or a seat-belt violation, actually taking you to jail and booking you does not violate the Fourth Amendment; at least since 2001. See, Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (arrest for violation of Texas seat-belt statute that carries a maximum $50.00 fine and no jail, not violative of the Fourth Amendment’s prohibition against “unreasonable searches and seizures”.)(See also, however, stinging Dissent by Justice O’Connor in Atwater:

“Such unbounded discretion [to arrest for even the most trivial offense] carries with it grave potential for abuse. The majority takes comfort in the lack of evidence of an epidemic of unnecessary minor-offense arrests. Ante, at 33, and n. 25. But the relatively small number of published cases dealing with such arrests proves little and should provide little solace. Indeed, as the recent debate over racial profiling demonstrates all too clearly, a relatively minor traffic infraction may often serve as an excuse for stopping and harassing an individual. After today, the arsenal available to any officer extends to a full arrest and the searches permissible concomitant to that arrest. An officers subjective motivations for making a traffic stop are not relevant considerations in determining the reasonableness of the stop. See, Whren v. United States, supra, at 813. But it is precisely because these motivations are beyond our purview that we must vigilantly ensure that officers post stop actions which are properly within our reach comport with the Fourth Amendments guarantee of reasonableness . . . . The Court neglects the Fourth Amendments express command in the name of administrative ease. In so doing, it cloaks the pointless indignity that Gail Atwater suffered with the mantle of reasonableness. I respectfully dissent.” Atwater v. City of Lago Vista, 532 U.S. 318 (2001) O’Connor, J., Dissenting.

FALSE ARREST BY PEACE OFFICER – FEDERAL LAW – QUALIFIED IMMUNITY.

Under the Qualified Immunity Doctrine, so long as a reasonably well trained officer could have believed that a person’s conduct constituted a crime, the officer who actually violated the Constitutional rights of another is nonetheless immune from being liable for damages caused by the officer’s Constitutional violation:

“The qualified immunity analysis involves two separate steps. First, the court determines whether the facts show the officers conduct violated a constitutional right. Saucier v. Katz, 533 U.S. 194, 201 (2001). If the alleged conduct did not violate a constitutional right, then the defendants are entitled to immunity and the claim must be dismissed. However, if the alleged conduct did violate such a right, then the court must determine whether the right was clearly established at the time of the alleged unlawful action. Id. A right is clearly established if a reasonable official would understand that what he is doing violates that right. Id. at 202. If the right is not clearly established, then the officer is entitled to qualified immunity. While the order in which these questions are addressed is left to the courts sound discretion, it is often beneficial to perform the analysis in the sequence outlined above. Pearson v. Callahan, 129 S.Ct. 808, 818 (2009). Of course, where a claim of qualified immunity is to be denied, both questions must be answered.” Hopkins v. Bonvicino, 573 F.3d 752 (9th Cir. 2009.)

These days, qualified immunity for false arrests are so common, that they almost make false arrest cases impossible to win.

WHAT YOU CAN DO.

Someone has to stand-up to the bullies of society, who think that using state police power to humiliate others, is funny, and makes them big men (or women.) There are thousands of others like you, who are good people, and have been somehow, for some reason that you could not have ever imagined, victimized by the government. It might as well be you. Stand-up for justice. Stand-up for our form of self-government. Stand-up for the spilled-blood of our fathers, who bravery died to prevent the very thing, that the government is doing to you right now.

Click on “Home”, above, or the other pages shown, for the information or assistance that we can provide for you. If you need to speak with a lawyer about your particular legal situation, please call the Law Offices of Jerry L. Steering for a free telephone consultation. Also, if you have been the victim of a False Arrest or Excessive Force by a police officer, check our Section, above, entitled: What To Do If You Have Been Beaten-Up Or False Arrested By The Police“.

Thank you, and best of luck, whatever your needs.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Jerry L. Steering with Diane Sawyer,  Co-counsel* Bob Dole,
and former partner** Melvin M. BelliJerry L. Steering with Diane Sawyer, Co-counsel Bob Dole, and Former Partner Melvin Belli

Suing Bad Cops And
Defending Bogus Criminal
Cases Since 1984

***The State Bar of California does not recognize a specialty in police misconduct
which is most of Mr. Steering’s law practice.
*In the District of Columbia only.
**In Beverly Hills Office only.

Click on “Home“, above, or the other pages shown, for the information or assistance that we can provide for you. If you need to speak with a lawyer about your particular legal situation, please call the Law Offices of Jerry L. Steering for a free telephone consultation.