The law may help to curb incidents of police misconduct.
In California, rates of police misconduct seem to be rising — or it may simply be that the public is paying more attention to these matters. For decades, Californians have complained about matters such as excessive force, unlawful stops, and illegal searches and seizures. Because the law often protected police officers, there was little that they could do to change the situation. However, a new law may encourage more officers to think twice before engaging in misconduct.
Assembly Bill 2327, which was signed into law by Governor Brown in September 2018, will require all California state agencies to do a thorough review before hiring any law enforcement officers. Specifically, agencies will must review that officer’s history of public complaints and any related investigations. The goal of this bill is to reduce police misconduct, and promoting the hiring of quality police officers. The idea is that if law enforcement officers know that their actions may result in complaints and other documentation that will be reviewed and potentially prevent them from getting a job, they will be less likely to engage in misconduct.
Police misconduct has been a serious problem in California for a number of years. In 2016 alone, 832 civilians were involved in incidents where an officer either discharged a firearm or used force that resulted in serious injury or death. Of those people, 157 died and 531 were injured. Assembly Bill 2327 aims to lower these numbers by incentivizing police to not engage in this type of misconduct.
Police misconduct may also have an impact on your criminal case if an officer used excessive force, racially profiled, coerced a confession, lied in a police report, or planted evidence. Under a new law, Senate Bill 1421, certain types of police records are now open for inspection. Otherwise, a skilled Orange County criminal defense attorney can file a Pitchess motion to request access to police records. While certain types of misconduct (such as excessive force) may not result in a dismissal of the charges against you, an experienced Orange County criminal defense attorney may be able to use this fact to cast doubt on the officer’s actions and the charges against you. Other types of misconduct, like planting evidence, may result in an immediate dismissal of the criminal charges against you.
The question of police misconduct is a difficult one, particularly because most police officers do not engage in this type of behavior. Laws such as Assembly Bill 2327, which will go into effect in 2019, should help to ensure that there are more “good apples” on the force — and that state agencies have ample opportunity to weed out the “bad apples.” In the meantime, if you have been charged with a crime and believe that there has been police misconduct, be sure to consult with an Orange County criminal defense attorney to discuss your options for pursuing a resolution to your case.
The Chambers Law Firm is devoted to working with clients to help them achieve the best possible results for their cases. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an Orange County criminal defense attorney.
