Law Offices Of George Kezios

Police Misconduct

Today Police Misconduct, Police Brutality, Police Abuse, and Excessive Force are used interchangeably.

Excessive force is where a Officer uses more force than is reasonable necessary to bring a person under control. If they could have used lesser amount of force, then their usually is a claim for excessive force.

Some examples excessive force are where a Police Officers shoots someone using deadly force; instead of using a stun gun, pepper spray or baton. This is especially true, when these alternative methods could have reasonable been used, instead of deadly force.

Another example is where a self defense tactics could have been used instead of a baton, stun gun, or tasser gun. There are many other examples; however, they need to be analyzed on a case by case basis.

In most cases, where a person is the Victim of excessive force, the Officers will usually make a cover up report and charge individuals with Obstruction of Justice or Resisting Arrest, Penal Code § 148; Assaulting or Battering a Peace Officer, Penal Code §§ 241, 243, 245. The Police report will usually paint the picture that suspect was the initial aggressor, and that you the suspect assaulted or battered them, and they had to defend themselves. These charges are usually filed to cover up their excessive force claims. In most cases, it is the person that they claim is the suspect that really is the Victim, and the one with the injuries.

If you are a victim of police misconduct, then you must fight aggressively any false criminal charges. You should also file an internal affairs complaint with the appropriate law enforcement agency. In addition, to preserve any Civil State Claims, you may also need to file a Governmental §910 claim with the appropriate agency.

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