Group items tagged

False Arrest The claim that is most often asserted against police is false arrest. Persons bringing this claim assert that police violated their Fourth Amendment right against unreasonable seizure. If the officer had probable cause to believe the individual had committed a crime, the arrest is reasonable and the Fourth Amendment has not been violated. Police can arrest without a warrant for a felony or misdemeanor committed in their presence. (Some states also allow warrantless arrests for misdemeanor domestic assaults not committed in the officer's presence.) Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed. http://74.125.155.132/search?q=cache:xsg_D3OUnnIJ:public.findlaw.com/civil-rights/more-civil-rights-topics/police-misconduct-rights.html+false+claim+against+crime+victim+constitutional+violation&cd=1&hl=en&ct=clnk&gl=us

Brian Floyd the Legislative Rep in Riverside County that Phil Reddish states helping him to cover up homicide is now going against a mandamus to enforce the law

"The uncontested facts show that Evans cannot satisfy the requirement of "affirmatively prov[ing] prejudice." It is inconceivable to us, and not merely improbable as in Henderson v. Morgan, 426 U.S. 637, 644 n. 12, 96 S.Ct. 2253, 2257 n. 12, 49 L.Ed.2d 108 (1976), that Evans would have gone to trial on a defense of intoxication, or that if he had done so he either would have been acquitted or, if convicted, would nevertheless have been given a shorter sentence than he actually received. It just is not believable that Evans did all the things he does not deny having done, involving elaborate negotiations with the police over several hours, in some sort of alcohol-induced trance. In this respect the present case resembles Morgan v. Israel, 735 F.2d 1033 (7th Cir.1984). In evaluating the voluntariness of Morgan's failure to plead not guilty we said, "It is sufficiently clear that Morgan had no hope at all of an acquittal to enable us to infer that he would not have changed his plea to not guilty .... He admitted having shot Mallason; and when you shoot a person several times, with fatal results, the inference of deliberate homicide is irresistible .... The jury never would have believed that he lacked the ... elementary mental capacity required to form a murderous intent...." Id. at 1036. So here, no jury could have believed that Evans was not acting deliberately when he did all the things he did in the police station. Therefore, being told that if he had not been acting deliberately he would have been acquitted of some of the offenses with which he was charged could not have led him to change his plea and to win acquittal."

"The Petitioners, Lawrence E. Kennon, Mary D. Powers, and Mary L. Johnson, all three of whom are citizens of Illinois and residents of Cook County, together with Citizens Alert, the Coalition to End Police Torture and Brutality, First Defense Legal Aid, the Justice Coalition of Greater Chicago, the Cook County Bar Association, the Chicago Council of Lawyers, the Chicago Lawyers Committee for Civil Rights Under Law, Inc., the Campaign to End the Death Penalty, the Illinois Coalition Against the Death Penalty, the Illinois Death Penalty Moratorium Project, the National Lawyers Guild, Amnesty International, and Rainbow/PUSH Coalition, by their attorneys, Randolph N. Stone, of the Mandel Legal Aid Clinic of the University of Chicago Law School, and Locke E. Bowman, of the MacArthur Justice Center, respectfully request that this Court appoint a special prosecutor to investigate allegations of torture, perjury, obstruction of justice, conspiracy to obstruct justice, and other offenses by police officers under the command of Jon Burge at Area 2 and later Area 3 headquarters in the City of Chicago during the period from 1973 to the present."

", concluding that the Navarros failed to offer any evidence of a County policy or custom of treating domestic violence 911 calls differently from non-domestic violence 911 calls, nor any evidence of a County policy or custom of depriving residents in minority neighborhoods of equal police protection, nor any evidence of the Sheriff's deliberate or conscious indifference to the rights of abused women or residents in minority neighborhoods. 2 The Navarros now appeal."

1 MINNESOTA STATUTES 2009 CHAPTER 611A CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES DEFINITIONS AND GENERAL PROVISIONS 611A.01 DEFINITIONS. 611A.015 SCOPE OF VICTIMS' RIGHTS. 611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS. 611A.021 NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC DATA. 611A.03 PLEA AGREEMENTS; NOTIFICATION. 611A.0301 RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING. 611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION. 611A.0311 DOMESTIC ABUSE PROSECUTIONS PLAN AND PROCEDURES; PILOT PROGRAM. 611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; HARASSMENT. 611A.032 INACTIVE. 611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE. 611A.034 SEPARATE WAITING AREAS IN COURTHOUSE. 611A.035 CONFIDENTIALITY OF VICTIM'S ADDRESS. 611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION. 611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE. 611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING. 611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT. 611A.039 RIGHT TO NOTICE OF FINAL DISPOSITION OF CRIMINAL CASE. 611A.0392 NOTICE TO COMMUNITY CRIME PREVENTION GROUP. 611A.0393 CRIME ALERTS; VIOLENT CRIMES; DISABLED ACCESS. 611A.0395 RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL. 611A.04 ORDER OF RESTITUTION. 611A.045 PROCEDURE FOR ISSUING ORDER OF RESTITUTION. 611A.046 VICTIM'S RIGHT TO REQUEST PROBATION REVIEW HEARING. 611A.05 PENALTIES NO BAR TO CIVIL REMEDIES. 611A.06 RIGHT TO NOTICE OF RELEASE. ELECTRONIC MONITORING 611A.07 ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS. BARRING PERPETRATOR RECOVERY 611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT. SEXUAL OFFENSES; DOMESTIC ABUSE AND VIOLENCE 611A.19 TESTING SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY VIRUS. 611A.20 NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE. DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION

"Officer Ethics and Identity Cultural Diversity Sexual Harassment Electronic Monitoring Lifestyle Management Officer Liability Pretrial Services Testifying Skills Introduction to PACTS Financial Investigations Informational Interviewing Investigative Tools Presentence Investigations Supervision Substance Abuse Mental Health Non-emergency Vehicle Operation and Skid Control, Oleoresin Capsicum (OC) Defensive Tactics Firearms Use of Force Offender Workforce Development Pretrial Services Supervision Federal Sentencing Guidelines Sex Offenders Controlled Substance Identification Clandestine Lab and First Responders Officer Safety"

Judge in Riverside County who recrused himself now says he can hear case of Homicide Cover up of Nye Frank a elder who Legislation says is a protected class case closed behind closed doors. http://nyefrank.typepad.com