Q: I was arrested inside my own home for felony vandalism for damage not over $80 is that legal in California?
Not one officer went to go look at the damage, of my home, prior to even arresting me. Furthermore, I was assaulted by one of the police officers after suffering from a seizure and being taken to a hospital. I have video of the assault.
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A:
In California, the legality of an arrest for felony vandalism hinges on the officers having probable cause to believe that a crime has been committed. Vandalism can be charged as a felony under certain circumstances, but for damage under $400, it is usually treated as a misdemeanor. If the alleged damage to your property did not exceed $80, this raises questions about the basis for a felony charge unless there were other factors at play.
Officers are required to conduct a reasonable investigation to establish probable cause before making an arrest. Not examining the alleged damage could be seen as a failure to conduct a thorough investigation, potentially affecting the legality of the arrest. However, the specifics of each case can vary, and the officers might have had other information or evidence that led them to proceed with the arrest.
The assault you described experiencing after a seizure, especially while in police custody, is concerning. You have the right to file a complaint against the officer(s) involved. Documenting the incident through video evidence and seeking legal advice on how to proceed is crucial. It is important to address both the arrest's circumstances and the conduct of the officers during and after the incident. Legal avenues are available to address grievances related to your arrest and treatment by law enforcement.
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