Law enforcement officers are bound by the law, just like any other person. Considering the power they can wield, they are held to a high standard that protects your civil and constitutional rights against illegal search and seizure. They must have reasonable cause and they must follow procedures when they enter into a person's life or detain someone.
Under California law, an officer is not lawfully performing [his] duties when [he] detains an individual without reasonable suspicion or arrests an individual without probable cause.'"  The Court and law recognize that a person cannot be convicted of an offense against an officer engaged in the performance of official duties unless the officer is acting lawfully at the time. If the officers could not lawfully arrest a person for an underlying crime, the officers could not lawfully arrest a person for resisting arrest.; For example if the police entered your apartment or home unlawfully and you refused to answer questions relating to some crime, or to cooperate with the police officer's investigation, you cannot be arrest under Section 148..; An officer cannot be engaged in the lawful performance of their duties if he/she is subjecting an arrestee to excessive force. A person cannot be convicted of an offense against a peace officer in the performance of his duties "unless the officer was acting lawfully at the time the offense against the officer was committed. In most states it is not a crime to nonviolently resist the unlawful action of police officers.
Rodriguez v. City of Modesto, 535 Fed. Appx. 643, 644 (9th Cir. Aug. 2, 2013) Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912, 920 (9th Cir. 2001) Loharsingh v. City and County of San Francisco, 696 F. Supp.2d 1080, 1100 (N.D. Cal. 2010); Dagdagan v. City of Vallejo, 682 F. Supp. 2d 1100, 1112 (E.D. Cal. 2010) Nuno, 58 F. Supp.2d at 1133 In Re Manuel G., 16 Cal. 4th 805, 815, 66 Cal. Rptr. 2d 701, 941 P.2d 880 (1997) In re Michael V., 10 Cal. 3d 676, 681, 111 Cal. Rptr. 681, 517 P.2d 1145 (1974) In Re Manuel G., 16 Cal. 4th 805, 815, 66 Cal. Rptr. 2d 701, 941 P.2d 880 (1997)
TAGS:FALSE ARREST ATTORNEY, FALSE ARREST LAWYER, FALSE ARREST LAW FIRM, ILLEGAL ARREST, ILLEGAL ARREST ATTORNEY, ILLEGAL ARREST LAW
“Under the Constitution and the Fourth Amendment to the U.S. Constitution, people in the United States have the right to be free from illegal search and seizure. “
The Law Firm of Kallis & Associates, P.C. has provided skilled legal representation for people accused of crimes and serving the victims of illegal searches and seizures in California. Contact the Law Firm of Kallis & Associates, P.C. today for a complimentary consultation regarding any criminal charges you may be facing in which the police searched you or your property without a warrant.
It is important to understand the laws governing search and seizure. Police officers are only allowed to search your person if the officer has articulable facts or probable cause that a reasonable person would believe shows that you are engaged in an illegal act.
“That is, a reasonable belief that a crime has been committed or is about to be committed.”
Without probable cause or consent from the person to be searched, generally searches and seizures are considered illegal. It is important to know your rights in this type of situation. You have the right not to consent to a search. Police officers know the restrictions, and know that they are not allowed to search without probable cause. To get around this requirement, they will often ask for your consent.
If a police officer asks for permission to search your car, your home, or your person; you generally have the right to say no. It is our advice to deny consent to search you, your car If you give permission to search, anything that officer finds can be used against you. To protect yourself don't surrender your rights by consenting to a search.
The Penalties for Illegal Searches and Seizures
To ensure that police officers respect individuals' constitutional rights, the U.S. Supreme Court provides strict penalties. If the police perform an illegal search, the evidence they obtain as a result of this search will not be allowed in a courtroom.
This means that if police search you without probable cause, even if they find drugs, they will not be allowed to present this evidence to a jury. Illegal search and seizure is one of the strongest defenses available for any criminal matter. If you win a suppression motion
If you have been accused of any crime or are the victim of a illegal search and seizure in California, contact the Law Firm of Kallis & Associates, P.C. to discuss your concerns with an experienced illegal search and seizure attorney.
The police officers who killed a mentally ill homeless man, Kelly Thomas , claim that he was struggling so hard that they had to ask dispatchers to broadcast an urgent call for backup. Numerous officers arrived at the scene and used their batons, fists and even a taster gun to beat Kelly Thomas senseless. They claim that this was following department policy. If their actions followed department policy those policies need to be changed and the people who ratified them fired.
The law is fairly clear that mentally ill individuals need to be handled and dealt with in a different way than individuals who are not mentally ill. When police are confronted by an unarmed, emotionally distraught individual who has committed no serious crime, as opposed to an armed and dangerous criminal, the governmental interest in using force is diminished, not strengthened, even when the suspect is irrational and inviting the use of force. Deorle v. Rutherford, 272 F.3d 1272, 1284-85 (9th Cir 2001) also Marshall v City of Portland 2004 U.S. Dist Lexis 8764.
Even when an emotionally disturbed individual is "acting out" and inviting officers to use deadly force to subdue him, the governmental interest in using such force is diminished by the fact that the officers are confronted, not with a person who has committed a serious crime against others, but with a mentally ill individual. Where it is or should be apparent to the officers that the individual involved is emotionally disturbed, that is a factor that must be considered in determining the reasonableness of the force used.
The beating of a person to the point of death is the use of deadly force. Deadly force can only be used when there is a fear of imminent death or grievous (serious) bodily harm. These officers set out to f**k up Mr .Thomas and in doing so they inflicted terrible injury on him. When these officers finish their criminal trial they will then have to face a civil rights trial for the use of excess force. If they are found to have used excess force, the police department could have to pay a very large sum of money.
The only way to change police behavior is to make the violation of your civil rights cost them something. If you believe that you have been the victim of excess force, false arrest, illegal search or seizure call Kallis & Associates P.C. us so we can help you.
TAGS: Civil Rights, Police Misconduct, Excessive Force, False Arrest, Illegal Search and Seizure, Civil Rights Attorney, Police Misconduct Attorney, Excessive Force Attorney, False Arrest Attorney, Illegal Search and SeizureAttorney
One type of discriminatory enforcement of laws involves racial profiling. The most basic example of a racial profiling arrest is the following situation:
Two men are walking down the street displaying the same signs of intoxication. The police arrive on the scene and arrest the African-American man but not the Caucasian man.
Another example involves the police only questioning those of a certain race.
If a storeowner reported a robbery but did not see the robber's face, the police may only question Hispanics or African Americans for no other reason than they "appear more guilty" than a white person.
Racial discrimination is illegal and a clear violation of your civil rights. You have the right to pursue compensation if you are a victim of this injustice. We provide skilled litigation counsel for clients in San Jose, California and throughout the San Francisco Bay Area, with additional offices in Seattle, Washington, and Fairbanks, Alaska.
Law enforcement seriously. Overzealous police officers who do not follow the law and violate your rights need to be held accountable.
Secure Legal Representation FirstPrior to your first appointment, we ask that you do not file an Internal Affairs (IA) complaint with the police department. Their motivation in gathering information is far different from yours. You are looking for them to pursue an action against one of their peers. Their intention is to gather as much information as they can to diffuse the complaint.
In addition, you will likely have been charged with a crime by them to justify their excessive actions. Filling out a report without the benefit of counsel could damage the case against you. Essentially, you are giving them advanced notice of legal action and the time to prepare their documents.
When faced with a civil rights violation at the hands of a police officer, you want an attorney with trial experience. Unless the conduct by law enforcement was so egregious and your injuries were severe, your case will likely not settle and must proceed to trial.
There are many obstacles to overcome, including the possibility of an appeal if you prevail and the inherent advantage that police officers have in legal settings. However, if your rights have been violated, they must be held responsible for their actions. By letting time lapse without filing a police misconduct lawsuit, law enforcement gets the wrong message.
We have Experience in Police Misconduct Cases, where police officers engage in false arrest, false imprisonment, excessive force, brutality, or malicious prosecution, you need the type of experienced representation we provide at The Law Firm of Kallis & Associates. In addition to his experience as a lawyer, Jeff Kallis is a former police officer. He has thorough, firsthand knowledge of internal affairs procedures within police departments. We provide skilled litigation counsel for clients in San Jose, California and throughout the San Francisco Bay Area, with additional offices in Seattle, Washington, and Fairbanks, Alaska.