San Francisco, CA asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California

Q: A CHP asked me to grab my daughters ID from a crashed vehicle. I refused, he then beat me and arrested me. Is that legal

I was choked unconscious, tazed multiple times, broken ribs, no feeling in tops of hands

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, police officers have certain powers to enforce the law and ensure public safety, but these powers are subject to legal and constitutional limitations. In the scenario you described, the use of force by a police officer, especially to the extent of causing serious injury, raises significant legal concerns.

If the force used by the officer was excessive and not necessary for a legitimate law enforcement purpose, it may constitute police misconduct. Victims of police misconduct in California have the right to file a complaint with the police department and can also seek legal remedies through civil litigation.

It's important to document the incident thoroughly, including medical records of the injuries sustained and any witness statements. Legal action in such cases can be complex and typically requires careful analysis of the facts and applicable laws.

Seeking advice from an attorney experienced in civil rights or police misconduct cases would be a prudent step to understand your legal options and the best course of action. Remember, every situation is unique, and legal advice must be tailored to the specific circumstances of the case.

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