Jerry L. Steering is a Police Misconduct Attorney who sues police officers and deputy sheriffs, for, among other things, false arrests, which are arrests of persons, in the absence of either an arrest warrant, or probable cause to believe that the arrested person committed a crime. His law practice involves serving, among other places, San Bernardino County, and the San Bernardino County cities shown below; especially Rancho Cucamonga – Chino area and the Victorville – Apple Valley area; the two “hot spots” for outrageous police misconduct in San Bernardino County. Although San Bernardino County is not nearly as heavily populated as other areas in Southern California, the “crime rate” of crimes and Constitutional Torts committed by the San Bernardino County Sheriff’s Department is astounding. It seems that San Bernardino County is the hotbed for “cops gone wild.” These deputies are simply out of control, and nobody is going to do anything about; at least anybody from the Sheriff’s Department, or the Judges of the San Bernardino County Superior Court. These deputies “up the hill” have even been caught by a News Helicopter, beating-up a man who tried to elude them on horseback. The deputies knew that there was a Sheriff’s Department helicopter above, them, and knew that those pilots and crew would never “rat them out”. So, the beat the man who was trying to surrender to them after he had been tased. See, “Sheriff Orders Immediate Internal Investigation Into Arrest Seen on “Disturbing” Video”. Mr. Steering also represents persons in both civil and criminal case in Los Angeles County, San Diego County, Riverside County and Orange County. He is an expert in brutality / excessive force and false arrest cases; both civil and criminal. Mr. Steering has successfully sued San Bernardino County police agencies successfully, for many years now. Here are a few examples of cases that Mr. Steering has won against the San Bernardino County Sheriff Department; an agency that has literally gone off of the deep end in the High Desert / Victor Valley area: Although San Bernardino County is not nearly as heavily populated as other areas in Southern California, the “crime rate” of crimes and Constitutional Torts committed by the San Bernardino County Sheriff’s Department is astounding. It seems that San Bernardino County is the hotbed for “cops gone wild.” These deputies are simply out of control, and nobody is going to do anything about; at least anybody from the Sheriff’s Department, or the Judges of the San Bernardino County Superior Court. These deputies “up the hill” have even been caught by a News Helicopter, beating-up a man who tried to elude them on horseback. The deputies knew that there was a Sheriff’s Department helicopter above, them, and knew that those pilots and crew would never “rat them out”. So, the beat the man who was trying to surrender to them after he had been tased. See, “Sheriff Orders Immediate Internal Investigation Into Arrest Seen on “Disturbing” Video”. Mr. Steering also represents persons in both civil and criminal case in Los Angeles County, San Diego County, Riverside County and Orange County. He is an expert in brutality / excessive force and false arrest cases; both civil and criminal. Mr. Steering has successfully sued San Bernardino County police agencies successfully, for many years now. POLICE MISCONDUCT CASES IN SAN BERNARDINO COUNTY. San Bernardino County is a very special place when it comes to police misconduct. Officer Involved Shooting Investigations by the San Bernardino County District Attorney’s Office are done by reading the police report (that is no joke). The San Bernardino County District Attorney’s Office is not interested in prosecuting crimes by peace officers against the public for duty related activities such as falsely arresting civilians, using unlawful / unreasonable force upon civilians, unlawfully searching and seizing persons and places, authoring false police reports, committing perjury [for the government] , withholding exculpatory evidence, framing innocents [to protect selves from liability]. If a cop steals a candy bar or drives drunk or commits a sex offense Mr. Ramos has no problem with prosecuting the officer. If the crime committed by the officer is “duty related”, his/her employing Municipal employer and Mr. Ramos will back them all of the way; save that rare event that the duty related police outrage is proven by “real evidence”, such as when a police outrage is captured clearly on a video or audio recording. See, e.g. the SBSD beating of Francis Pusok. “Backing them all the way” also includes criminally prosecuting the civilian victim of the police outrage. The lawyers, the judges and the police all understand that if you are convicted of a crime you can’t sue the police for false arrest, regardless of whether the officer who arrested you either had a warrant or probable cause to believe that you committed a crime, Heck v. Humphrey, 512 U.S. 477 (1994). The lawyers, the judges and the police also understand that if you are convicted of a “resistance offense“, not only can you can’t you sue for false arrest, but now you can’t sue for anything else; based upon the bar of Heck v. Humphrey, 512 U.S. 477 (1994) and “the doctrine of collateral estoppel“. These doctrines will generally preclude one from successfully suing the police for “constitutional torts” such as false arrests (U.S. Const. Amend. 4), us of unreasonable force (U.S. Const. Amend. 4), retaliation for free speech / verbal challenge or protest police actions (U.S. Const. Amend. 1), withholding / concealing / destroying exculpatory evidence (U.S. Const. Amend. 5, U.S. Const. Amend. 6 & 14), (U.S. Const. Amend. 4) (i.e. unreasonable force, first amendment retaliation). This is because “resistance offenses” can only be committed against a peace officer if the officer was acting lawfully; in the lawful performance of their duties. Accordingly, if you are convicted of a “resistance offense” crime you generally can’t sue the police at all. No one understands this all better than San Bernardino County District Attorney Michael Ramos. On May 15, 2013 Mr. Ramos announced the formation of his agency’s “CAPO” Division. That Division of the San Bernardino County District Attorney’s Office’s mission is to literally prosecute those victims of police outrages perpetrated against them. This is no joke. Mr. Ramos announced to the world that his office will not be dismissed criminal cases where the alleged victim is a peace office. See, Channel 9 KCAL news piece on CAPO, starring Mr. Ramos. San Bernardino County District Attorney Michael Ramos has established a Division in the agency whose mission is to prosecute the innocent victims of police beatings and bogus “contempt of cop arrests”; to preclude the victims of police outrages from obtaining redress (i.e. money from a lawsuit) by obtaining guilty pleas to the most de minimis offense. Ask any criminal defense lawyer who practices law in San Bernardino County. They deal with the CAPO Deputy District Attorney’s who “persecute” these innocents; real innocents. They will all tell you that the District Attorney’s Office will prosecute their innocent clients to protect the police. They will tell you that the Deputy District Attorney’s in that office tell them that they have to ask the permission of the police officer “victim” to get his/her consent to dismiss the bogus criminal action against their clients. This also is no joke. The San Bernardino County Sheriff’s Department is one of the most brutal and dishonest police agencies in the United States. Like the Los Angeles County Sheriff’s Department the San Bernardino County Sheriff’s Department has no policy requiring their deputies to audio or video record their contacts with the public. They do this because they only want a judge or a jury to hear one side of the story; theirs. Any police agency that actually believes that recording their contacts with the public is going to benefit the police is delusional. It doesn’t. It may help with a few false complaints by civilians, but overall benefit from officers recording their contacts will be greatly outweighed by detriment those recordings would cause to the agency (i.e. the FBI did not even record their witness interviews until 2014. MR. STEERING’S POLICE MISCONDUCT CASES IN SAN BERNARDINO COUNTY. Here are a few examples of cases that Mr. Steering has won against the San Bernardino County Sheriff Department; an agency that has literally gone off of the deep end in the High Desert / Victor Valley area: Morgan v. County of San Bernardino, U.S. Dist. Court, Cent. Dist. of Cal. (Riverside) (1996), $714,000.00 settlement following jury verdict for excessive force and false arrest during search warrant execution in Apple Valley, California; Austin v. County of San Bernardino, U.S. District Court, Central District of California, $500,000.00 jury verdict for false arrest and excessive force; Lopez v. County of San Bernardino, U.S. Dist. Court Cent. Dist. of Cal. (Riverside) (2002), $50,000.00 settlement for racially motivated battery; Miller v. City of San Bernardino, et al, U.S. Dist. Court Cent. Dist. of Cal. (Riverside) (2003), $35,000.00 settlement for unlawful detention; Calderon v. County of San Bernardino, U.S. Dist. Court, Central Dist. of Cal. (Riverside)(2003), $115,000.00 settlement for false arrest and illegal search; Arroyo v. City of San Bernardino, U.S. Dist. Court, Central Dist. of Cal. (Riverside)(2004), $125,000.00 settlement for unreasonable seizure of person; Ford v. County of San Bernardino, (2007), $80,000.00 settlement for excessive force; In re Jane Doe v. County of San Bernardino, et al., (2008), $290,000.00 settlement (prior to filing lawsuit) for sexually motivated mistreatment of arrestee; and Aubry v. County of San Bernardino, et. al, U.S. Dist. Court (LA) 2012, $325,000.00 settlement for the use of unreasonable force and for false arrest. Penny Trent v. County of San Bernardino, et al.,U.S. Dist. Court (LA) 2012, $600,000.00 settlement for unreasonable force, false arrest and unlawful search of residence. LEGAL EDUCATION AND PUBLICATIONS. University of Georgia School of Law (founded 1859) Having attended the University of Georgia School of Law (J.D. 1984), and having taken and passed the February 1984 Georgia Bar Exam in his last semester of Law School (while Clerking at a law firm full time and attending law school full time), in June of 1984 Mr. Steering began defending criminal cases for the law firm of Scott & Quarterman, of Athens, Georgia; the same law firm that he clerked for, full-time, for. Since 1984 (in California since 1986) he has tried and litigated hundreds of criminal cases, including murder cases, manslaughter cases, assault and battery cases, towing industry related auto-theft / extortion cases (i.e. drop fees), drug possession / drug manufacturing cases, vehicular homicide cases, white-collar investor fraud cases, sex-offender or drug addict registration cases, violations of court order cases, domestic violence cases, towing industry cases, and the entire spectrum of various criminal violations. Mr. Steering is also a published legal scholar, and has a published Law Review Article about a logical quandary of federal evidentiary law: the disparity in the use of “accomplice accusations” between Fourth Amendment scrutiny of “accomplice accusations” (i.e. typically deemed “reliable” enough to obtain search warrant or arrest warrant), and Sixth Amendment scrutiny of the very same statement (i.e. accomplice accusation generally held inherently unreliable for “Sixth Amendment Confrontation Clause” purposes. In fact, these statements have been held to be so inherently unreliable that Congress could not even have meant to have included them with the ambit of the Declaration Against Penal Interest exception to the hearsay rule [804(b)(3)].) See, “The Application Of Sixth Amendment Tests For The Reliability Of Hearsay Evidence To Probable Cause Determinations, Steering and Ponsoldt, 16 Rutgers Law Journal 869 (1985). NOTABLE CRIMINAL CASES IN SAN BERNARDINO COUNTY SUPERIOR COURT, THAT MR. STEERING TURNED AROUND INTO CIVIL CASES. Penny Trent v. County of San Bernardino, et al. On June 3, 2012, at approximately 3:30 p.m. San Bernardino County Sheriff’s Department Deputy Sheriffs Carolyn Chadwell and Kirsten Mitchell answered a call for service of a husband beating his wife at their home at 12486 Kiowa, Apple Valley, California . The deputies received no response to their knocking on the Penny and Wayne Trent’s door, so they entered the house and found Penny Trent and her husband partially undressed in the bathroom . Rather than leave the residence once the welfare of the residents was confirmed, Deputies Chadwell and Mitchell interrogated them about the call for service (i.e. the domestic violence call.) After discussing the incident with Penny and Wayne Trent, the Deputies decided to arrest Mr. Trent for felony corporal injury on a spouse (Penal Code Section 273.5), handcuffed him and put him in their patrol car. When the deputies took Mr. Trent out to the patrol car to go to jail, they told Penny Trent to have a seat in the living wait in the living room, and they’d be right back. Deputies Chadwell and Mitchell placed Mr. Trent into the patrol car, and Deputy Chadwell returned to the residence with a Marsy’s Victim’s Card ; the brochure that is given to Domestic Violence victims  by police officers. When Deputy Chadwell returned to the door of the home with the Marsy’s Card for Mrs. Trent, she saw Penny Trent sitting on her living room couch. The couch appears at an angle to the front door area (See below, photo of view of couch from front door.) Deputy Chadwell apparently could not see one of Penny Trent’s lower arms when she saw her and stated to her: “Penny; where’s your other arm.” In literally less than one second after asking that question, Deputy Chadwell shot Penny Trent twice in her left leg. Although the bullets grazed her leg, Penny Trent was horrified from being shot, and at a complete loss as to why Deputy Chadwell would shoot her. This is all audio recorded ; a copy of the audio shown below. Deputy Chadwell claimed that she shot Penny Trent because when she reentered the Trent residence, she saw Penny Trent with a blank stare on her face and said that Mrs. Trent’s hand was under a couch pillow. Mrs. Trent’s hand was just resting on the pillow on the couch, but from the front doorway area, Deputy Chadwell could only see her right hand. Deputy Chadwell didn’t give Mrs. Trent a chance to respond to her question, or to show her left arm. She just shot her within one second of asking her where her left arm was. Neighbor witnesses told the Sheriff’s Department that Deputy Chadwell then broke-down and cried about having shot Mrs. Trent. Immediately after Deputy Chadwell shot Mrs. Trent, Deputies Chadwell and Mitchell ordered Penny Trent to exit her residence, and when she did, the deputies threw her to the ground on the rock front lawn, handcuffed her and placed her into their patrol car; imprisoning her there. Audio recording by Deputy Chadwell of the June 3, 2012 shooting incident (the shooting takes place at 17 min. 02 sec. of the audio recording.) Click here to view entire SBSD Officer-Involved-Shooting Investigation Report of Penny Trent Shooting Thereafter, several Sheriff’s Department supervisors and other officers came to the Trent residence and decided what to do with Mrs. Trent . After discussing the shooting of Mrs. Trent with each other, the Sheriff’s Department then conspired to take Penny Trent to the Apple Valley Station, so they could interrogate her in a coercive manner ; to try to get her to say something to try to justify their shooting of her  (she never did.) It’s a federal crime and federal constitutional violation to take a person to the police station for questioning, without probable cause to arrest them (Hayes v. Florida, 470 U.S. 811 (1985)). That’s just what they did to Penny Trent, and it’s shown on the recording shown below. Notwithstanding Mrs. Trent’s repeated requests to leave the station, the Sheriff’s Department investigators kept Penny Trent at the station. They even created police reports showing that a crime had occurred (i.e. Cal. Penal Code § 245; assault with a deadly weapon), that Penny Trent was the “suspect” of the shooting, and that Deputy Chadwell was the “victim”. The geniuses at the Sheriff’s Department did a gunshot residue test on Penny Trent, even though she was the one shot. Even worse, the investigators at the Apple Valley station made Penny Trent undress down to her underwear, to take photos of any marks or bruises on her; supposedly for the criminal case against Mr. Trent. Moreover, to add insult to injury, the Sheriff’s Department (Investigator Robert Thacker) unlawfully obtained a search warrant for the search of Penny Trent’s house, and used the bogus pretense of a criminal investigation, to perform their civil liability investigation. This was the Sheriff’s Department’s only chance to inspect the premises, as police officials cannot obtain a search warrant to do civil liability investigation; only to investigate crimes. Therefore, the Sheriff’s Department had to misrepresent the purpose of their application for a search warrant to Judge Stanford Reichert; claiming that their search would reveal evidence of a crime (the only crime really being Chadwell’s shooting of Penny Trent.) Eventually, in the early morning hours of June 3, 2012, the Sheriff’s Department drove Mrs. Trent home after they were done with their illegal search of her residence. Although ever since O.J. Simpson decapitated his wife “Domestic Violence” seems to be the worst crime that one can commit, because the Sheriff’s Department shot the domestic violence victim (Penny Trent), when they took Mr. Trent to the hospital that same evening, they posted no guard in / at his hospital room, and actually let him “escape.” To date, no criminal charges have been filed against Mr. Trent, because the Sheriff’s Department can’t prosecute Mr. Trent without publically implicating themselves in shooting the very victim of that crime. None of this is surprising, save the actual shooting itself. Police agencies typically arrest the victims of their outrages, and in the coercive atmosphere of custodial interrogation, attempt, and often succeed, in getting their victims to make statements against their interest; statements that “spin” the facts or otherwise somehow shift all or part of the blame to the citizen – victim. This is normal, notwithstanding it being obvious to any peace officer that it’s unlawful to take someone to the police station for questioning in the absence of probable cause for their arrest. See, Hayes v. Florida, 470 U.S. 811 (1985.) The ends that the San Bernardino County Sheriff’s Department will go to, to protect themselves from civil liability is incredible. Moreover, although the Sheriff’s Department just couldn’t keep themselves from illegally taking Penny Trent to the police station in handcuffs (i.e. false arrest, kidnapping civil rights criminal violations), because they screwed up and shot the victim that they were there to save, they need to get a coerced and skewed statement of what happened. They need to get Penny Trent to the station there and now, even though they had no right to have done so, because the coercive environment of police interrogation, allows the cops to shape the story, and to get you to agree with statements that are not true and that are against your interest, because after that moment in time, you are going to not be so vulnerable, and will likely have a lawyer. Notwithstanding all of that, the Sheriff’s Department didn’t get an actual formal statement from Deputy Chadwell, until five days after her attempt to kill Penny Trent; an audio copy of her interview being below and playable. Case Result: $600,000.00. People of the State of California v. Jonathan Osborne; Rancho-Cucamonga San Bernardino County Superior Court criminal action for violation of Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer.) Jonathan Osborne’s mother had ordered a suicide kit from a lady in San Diego, who the FBI had raided for selling the kits. The FBI found an unfilled order for the kit, so the feds called the Upland (California) Police Department to check on the welfare of the parents at the Osborne home. When the Upland Police Department showed-up at the Osborne home, the only person there was Jonathan Osborne; one of the Osborne’s sons. The police demanded entry into the home and arrested (and beat-up) Jonathan Osborne, for refusing to consent to the police officers’ demand to make a warrantless entry into the Osborne home. Notwithstanding the fact that a 1974 California Supreme Court case (People v. Wetzel, 11 Cal.3d 104 (1974)) held that it is never a crime to stand in one’s doorway and to refuse their consent to a warrantless search of one’s home, the Crimes Against Peace Officers Unit of the San Bernardino County District Attorney’s Office refused to dismiss the case, because they have an express policy of never dismissing cases alleging a police officer victim. Moreover, the Upland Police Department destroyed an exculpatory audio recording of the incident that was recorded by the main Upland Police Department officer. Result: Case settled on appeal by defendants for confidential sum. People of the State of California v. James Lemoine; Rancho-Cucamonga San Bernardino County Superior Court criminal action for felony assault on a peace officer and felony interference with public officer’s performance of duties. An Ontario Police Officer located Mr. Lemoine in a neighbor’s home after incident with his girlfriend, resulting in her called police on him. Mr. Lemoine attempted to flea the officer and attempted to jump through window of home to escape. Mr. Lemoine got stuck in the window sill assembly, and was shot in the back by the Ontario Police Department officer while in that position. He posed no threat to the officer, who was exonerated of wrongdoing by Ontario PD (“What’s wrong with shooting an unarmed man, stuck in a window frame, cut-up, with one leg outside and one leg inside?”) The officer claimed that Mr. Lemoine attacked him in an effort to escape; a complete fabrication; something actually quite normal for peace officers. However, the only people who get to sit on juries in police misconduct cases, civil or criminal, have not personally witnessed police misconduct (all that have seem to always tell the court during jury selection, that the event of police misconduct that they witnessed had such a profoundly negative opinion and general distrust of, if not contempt for, peace officers, that they are actually prejudiced against peace officers in these type cases, and are, therefore, excused to sit for cause as a juror.) Therefore, the only people who are asked to judge who is lying; the defendant or the Constable, are people who believe that police don’t do bad things to people who didn’t deserve it; morally, if not legally, because they have only had positive experiences with peace officers. That’s why it’s so difficult to win in these officer vs. civilian swearing contests; notwithstanding the Constable repeatedly lying on the stand. However, it can be done, and it was done here. Hon. Ben T. Kayashima, Judge Presiding: Jury Verdict: Not Guilty all Counts. People of the State of California v. Tom Austin; Rancho-Cucamonga San Bernardino County Superior Court criminal action for resisting / obstructing / delaying peace officer. Mr. Austin’s 16 year old son and his classmates were video recording a reenactment of the famous Sacco an Vanzetti armed robbery incident (that Sacco and Vanzetti were innocent of, but executed for), for a High School History project. The boys wore black ski masks and carried pellet guns, and had dressed-up the Austin’s garage to resemble a bank teller window counter. Some neighbors saw the youths and (notwithstanding a youth recording the reenactment with a tripod mounted video camera outside of the garage) thought that the youths were home invasion robbers, and called the police. The youths were detained downstairs in the garage, and when Mr. Austin heard screaming (the police screaming orders to the youths) he walked downstairs to tell the youths to be quiet (to not to disturb the neighbors), and when he reached the bottom of the stairs and turned a blind corner, he saw the barrel of a policeman’s pistol pointing directly at and in front of his face. The officer ordered Mr. Austin to turn around, and when he asked the officer (who was now standing inside of Mr. Austin’s home) what was going on, the officer pepper-sprayed him in his face, handcuffed him and took him to jail. The Ontario Police officers concocted the story that Mr. Austin lunged for the officer’s gun, and that’s why he pepper-sprayed him. Mr. Steering found that a recording of the immediate post pepper-spraying activities, had been altered to conceal the true contents of the discussion between Mr. Austin and the officers. Hon. Gerard S. Brown, Judge Presiding: Result: Jury Verdict: Not Guilty (Mr. Steering later obtained a $500,000.00 jury verdict in favor of Mr. Austin, against the arresting officers, as shown below.) People of the State of California v. Milt Holland; Rancho-Cucamonga San Bernardino County Superior Court criminal action for resisting / obstructing / delaying peace officer. Mr. Holland leased the old CHP office building in Ontario, to work on prototype bus control computer system. Ontario Code Enforcement wanted to check the building to see if Mr. Holland also was residing in the same. The area was only zoned for commercial occupancy; not residential. Ontario Code Enforcement officers, along with Ontario Police Officers, approached the chained-closed padlocked rear entry entry gate of the premises, and saw Mr. Holland behind the gate; elevated; standing in a construction trailer. The officers ordered Mr. Holland to open the gate, and Mr. Holland simply walked away from the locked gate, and into the building. The officers used the “master key” (i.e. bolt cutters) to enter the yard, and arrested Mr. Holland and took him to jail for violation of Cal. Penal Code § 148(a)(1); resisting / obstructing / delaying a peace officer in the performance of their duties; the catch-all crime that the police use when they don’t actually have any grounds to arrest a civilian, since Section 148(a)(1) is so nebulous and ambiguous, it could be, and many many times has been, construed as meaning just about anything, and is used to arrest people who “fail the attitude test”) Click on tab, above on “Criminal Attorney – Contempt of Cop Resistance Cases”, for a more developed analysis of police misuse of Section 148(a)(1.) After Mr. Holland had gone through four criminal defense lawyers, who told him to plead guilty to misdemeanor delaying / obstructing an officer (Section 148(a)(1), for not opening the gate), Mr. Holland retained Mr. Steering, who look one look at the Ontario PD report and immediately knew that even on the face of the Police Report, that there was no crime committed by Mr. Holland. On the day set for trial, Mr. Steering asked Judge Dennis G. Cole to dismiss the case on the ground that if everything that the police were contending in their reports was true, it nonetheless is never a crime to refuse an officer’s demand to search a place, thing or person, in the absence of a search warrant. If reading Mr. Steering legal authorities to support that proposition of law (See v. City of Seattle, 387 U.S. 541 (1967) and Camara v. Municipal Court, 387 U.S. 523 (1967) (both holding that the state can’t criminalize a mere refusal to consent to warrantless entry), Judge Cole told the District Attorney’s Office that his “case was in the toilet”. Result: Case Dismissed pursuant to Mr. Steering’s invitation to the Court, to dismiss the case on its own motion, in the interest of justice (Cal. Penal Code § 1385.) JANE and JOHN DOE v. County of San Bernardino, U.S. Dist. Court Cent. Dist. of Cal. [Riverside] (2000); $50,000.00. Deputy Sheriff Attempts To Frame Husband And Hide Romance Wife, By Hiding The Drugs Found On Her From The DA’s Office: In this case, Mr. Steering obtained $50,000.00 from the County of San Bernardino, for a criminal defendant’s claim against the San Bernardino County Sheriff’s Department, for planting evidence of drug manufacturing, during the deputy’s unlawful search of a probationer’s residence; notwithstanding probation Bravo search terms. While in the process of planting evidence, the deputy sheriff actually discovered even better evidence of the very crime that the deputy sheriff was attempting to frame the defendant for. It’s like framing the guilty. That way, the police don’t need to bother with obtaining evidence against the persons who they believe are engaged in ongoing criminal enterprises (i.e. manufacturing or selling narcotics); they can just provide the evidence themselves, and save us all of the time and money incurred and expended, in investigating and obtaining competent and admissible evidence of criminal conduct that will stand-up in court. When a San Bernardino County Probation Officer and Sheriff’s Department Investigator did a probation search of JOHN DOE’s residence (the “husband” was on felony drug possession probation), they saw all sorts of pornographic photos, exotic clothing and sex toys in the home, and became immediately infatuated with the beautiful occupant of the residence; JANE DOE; the cohabitant girlfriend. The Sheriff’s Department Investigator arrested JANE DOE for narcotics possession, and took her to jail; stopping on the way to jail to show-off his “catch.” Although her bail was $500,000.00, the Investigator got it reduced to release on her own recognizance (something unheard of in San Bernardino County), to attempt to date her. The Investigator broke back into the DOE residence after arresting JANE DOE, as he had seen a VHS video at the home earlier marked: “XXXX.” When the Investigator then played that video at the DOE residence, he not only watched JOHN and JANE DOE having all sorts of sex, but also saw a recording of JOHN DOE cooking meth. However, there was no meth manufacturing chemicals or equipment at the house. So, in an effort to frame the guilty, the Investigator planted meth “cooking” equipment in the residence, and he and the Probation officer staked-out the house for several days, until JOHN DOE showed back-up at his home. When JOHN DOE entered the house, he was immediately arrested for meth manufacturing, based on the items planted by the Investigator, who wanted to put JOHN DOE in prison, to free-up JANE DOE for dating. Mr. Steering was able to obtain $50,000.00 for the defendant from the County for the Investigator’s actions, and Mr. Steering was able to negotiate a 10 year sentence for JOHN DOE, rather than the 25 years to life sentence for a third strike drug manufacturing. 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. See, The 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. Accordingly, notwithstanding overwhelming evidence that the Fullerton Police Department literally beat Kelly Thomas to death for what seemed to be actual sadistic gratification (i.e. “See these fists. They are going to fuck you up”), a Fullerton training Corporal gets on the witness stand and testifies that he has seen the video and audio recording of the officers beating Kelly Thomas to death and that the actions of the officers are commensurate with their training. Incredibly, the jury get suckered. The police, the lawyers, the judges and the professional police apologists (the “expert witnesses that really can justify literally anything) all know how outrageous Kelly Thomas’s murder was. They are all, however, bound by our system of justice. The police get to show the sordid life of their victims because of Cal. Evid. Code § 1103(a) allows the criminal defendant to show various traits of the character of the alleged victim to show that the alleged victim acted in conformity with that traits of character during the incident complained of. By the time that the cops are done dehumanizing the dead victim, no one on the jury cares what the officer did to the decedent. SOUTHERN CALIFORNIA LAW ENFORCEMENT AGENCIES HAVE GOTTEN MORE BRUTAL. In 2012, a retired Los Angeles County Sheriff’s Department Captain, Bob Olmsted, told the Los Angeles Times, that the L.A. County Men’s Central Jail was, essentially, a torture chamber, run by these rogue jailer gangs of sadistic sociopaths (Minnesota Viking logo tattoos on on their ankles.) 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. Even as long ago as 1992, the Ninth Circuit Court of Appeals held in a published decision that the “Vikings” gang of Deputy Sheriff’s at the Lynwood Sheriff’s Station, that they were a Neo-Nazi white supremacist gang within the LA County Sheriff’s Department. See, Thomas v. County of Los Angeles, et al., 978 F.2d 504 (1992.) The leader of the sociopath / sadistic torturing faction of the Los Angeles County Sheriff’s Department, recently retired LA Sheriff’s Department Undersheriff Paul Tanaka, is now running for Sheriff of LA County. Paul Tanaka was a member of the Nazi Sheriff’s Department gang the “Vikings”; who have the Minnesota Vikings logo tattooed on their legs. Following Captain Bob Olmsted’s revelations to the FBI, the FBI did an undercover investigation at the Los Angeles County Men’s Central Jail. The FBI investigation resulted in the Indictment of 18 Deputy Sheriffs and their Supervisors for torturing inmates and obstructing the FBI’s investigation by hiding prisoners in the county jail population. These 18 Indictments of Los Angeles County Sheriff’s Department personnel resulted in the resignation of L.A. County Sheriff Lee Baca. Former 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.) 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. 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.Lee Baca resigned from office over the scandal at the LA County Men’s Central Jail involving the Indictment of 18 LASD Deputy Sheriffs and their Supervisors for torturing prisoners and obstructing the FBI’s investigation of the same. On February 10, 2016, Sheriff Baca was Indicted for violation of 18 U.S.C. § 1001(a)(2); lying to the FBI regarding his knowledge of a scheme in the Sheriff’s Department to intimidate an FBI agent who was investigating complaints of beatings of inmates by deputies at the Los Angeles County Jail, and to hide an FBI informant – jail inmate from his FBI handlers. Sheriff Baca was tried on that Indictment, but the jury hung. Thereafter, on April 6, 2016, former LASD Undersheriff Paul Tanaka was convicted of conspiracy and actual obstruction of an FBI investigation; 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 threatened 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 February 10, 2017, former Los Angeles County Sheriff Lee Baca was convicted of similar charges; lying to the FBI and obstruction of the FBI investigation into the systemic beatings and torture of inmates at the Los Angeles County Jail; violation of 18 U.S.C. § 1001(a)(2); lying to the FBI regarding his knowledge of a scheme in the Sheriff’s Department to intimidate an FBI agent who was investigating complaints of beatings of inmates by deputies at the Los Angeles County Jail, and to hide an FBI informant – jail inmate from his FBI handlers.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. Orange County, California had a Sheriff’s Department that was run by Sheriff Mike Carona, who was released from federal prison in 2015 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. Carona’s Assistant Sheriffs, George Jaramillo and Don Haidl were both criminally prosecuted. Mike Carona was the former head Orange County Marshall before the Sheriff’s Department took over Court Services, such as bailiffs in the Court rooms. He was never a line / street cop. When Sheriff Carona ran for Sheriff his campaign and political tactics were influenced to commit unlawful acts by the same two Gentlemen who did the same with the 1998 campaign for District Attorney. Gabriel Nassar and Eugene Abbadessa convinced both newly elected Sheriff Carona and newly elected District Attorney Tony Rackauckas both “sold” bages (Carona; Deputy Sheriff’s badges [Reserve]) and “Commissioner” badges (for the Tony Rackauckas Foundation) for a $5,000.00 “constribution”. 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. 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 police officers, the norm in today’s police profession, is for police officers to falsely arrest their “victims”, and to author false police reports to procure the bogus criminal prosecutions (i.e. to literally “frame”) of those persons whose Constitutional rights and basic human dignity have been violated. 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.) Often, Contempt of Cops arrests also often charge violation of Cal. Penal Code §§ 242 / 243(b); “battery on a peace officer”. Battery on a peace officer, is almost always, in reality, battery by a peace officer; otherwise known as “Excessive Force” or “Unreasonable Force”, which the United States Supreme Court has classified since 1989, as an “unreasonable seizure” of a person under the Fourth Amendment to the United States Constitution (See, Graham v. Connor, 490 U.S. 386 (1989).)Moreover, if the police beat you up badly, they usually charge you with violation of Cal. Penal Code § 69; using or threatening the use of force to prevent or to attempt to prevent, a public officer from performing their duties. They use this section to charge you with for more serious injuries to you by them, because Section 69 is a “wobbler offense”; a crime that can be charged as a misdemeanor or a felony. Accordingly, in many cases where the police use “excessive force” (“police brutality”) on civilians, the excessive force victims get criminally prosecuted, for crimes that they didn’t commit; usually for crimes such as “Resisting / obstructing / delaying a peace officer in the lawful performance of their duties (Cal. Penal Code § 148(a)(1)), assault on a peace officer (Cal. Penal Code §§ 240 / 241) and resisting officer with actual or threat of violence (Cal. Penal Code § 69.) After all, how would it look if the police beat-up a civilian, and just left the scene, as opposed to arrested the person that they just beat-up? Not very good for the police; ergo, the old police motto: “You hook’em, you book’em.” Pursuant to the routine procedure to persecute their victims, police officers arrest their victims, author bogus reports that accuse their victims of crimes against the officer, preserve evidence favorable to them, and “flush” evidence adverse to their usually fabricated and contrived claims of criminal conduct by their victims; you, the public. His law practice involves serving, among other places, Orange County, and the Orange County cities shown below. Mr. Steering is an expert in dealing with your pending bogus criminal action, in a way that is going to best protect your ability to down the road sue the police, and obtain compensation and redress for your beating, your false arrest, and your malicious criminal prosecution. Mr. Steering also specializes in obtaining evidence and framing issues for adjudication in the initial criminal action against the police misconduct victim (the defendant being criminally prosecuted), and discovering evidence in that criminal case, to seal the police defendants’ fate in the civil action after the criminal case is disposed of in your favor. 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. 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 was released from federal prison in 2015 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. 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. Thus, at least as a practical matter, we live in a police state, because the police can, in the real world, do whatever they want to do to you, and almost always get away with it, so long as the activity is duty related, and could, if proven, expose the employing agency / entity to civil liability, political ridicule, or obloquy. True, the police have to justify their outrages, both internally (i.e. internal affairs investigations) and externally (bogus criminal prosecutions and defense of civil actions). But the system is rigged to permit them to do so; especially the jury system. FALSE ARREST CASES – DON’T CALL THE COPS UNLESS YOU WANT SOMEONE AT LEAST IN JAIL, OR VERY POSSIBLY DEAD. All of use have broken some sort of law, but most of us don’t go around holding-up liquor stores. The odds are, that if you are inquiring about a police misconduct case, such as a false arrest case, that you fall into three basic categories of ways that the police came into contact with you, and then falsely arrested you, or worse. I CALLED THE POLICE TO PROTECT ME, SO WHY WAS I THE ONE WHO WAS BEATEN-UP AND ARRESTED? The simple reason is that if the police use force upon you, or you otherwise step over the police tolerance line by telling the police that you know your rights or otherwise challenge their authority. 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. § 1983), 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 1983 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 1983, 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. See, Wren v. United States, 517 U.S. 806 (1996) 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.