What is Police Misconduct?

I have heard and here members of clubs telling me their stories of how Law Enforcement officers are daily pulling them over and treating very badly. This is very disturbing to hear because most of the traffic stops are being performed by “Gang Task Force Units” of various cities here in the Alameda County, San Francisco, San Mateo, Tracy, Livermore, Manteca, Hayward, San Leandro, and other cities here in Northern California.

What’s so disturbing about is that there are no logs or records of these traffic Stops where they stop bikers or people on motorcycles who they have deemed to be gang members or people affiliating with gang members. I have searched the web and came up empty.  And most people who have been victims of these “Guantanamo Bay Detention” type traffic stops where they abuse, beat, unlawfully search and detain.

This is Police Misconduct and we must fight against this every-time one of us is victim to it. How do we fight it, well first we need to know what it is.

Police Misconduct occurs when an officer violates someone’s constitutional rights. This misconduct can subject the officer and the police department to both civil and criminal penalties.

  • It is unlawful for an officer to engage in a pattern of conduct that deprives a person of their constitutional rights
    • You must be able to show that it is a pattern- one isolated incident is not sufficient to prove a civil violation
    • The court can grant you an injunction that requires the officer to stop the misconduct against you 
  • A police officer is prohibited from engaging in practices of discriminatory misconduct
    • Again you must show that there is a pattern of discriminatory misconduct, before you can bring a case
    • Examples of civil discriminatory misconduct include:
      • harassment
      • racial slurs
      • unjustified arrests
      • discriminatory traffic stops
      • coercive sexual conduct

Criminal Police Misconduct

  • A law enforcement officer cannot deprive any person of his/her constitutional rights.
  • There is no requirement that the police misconduct be done in a manner to discriminate
  • Examples of criminal police misconduct include:
    • Using excessive force
    • Sexual assault
    • Intentional false arrest
    • Intentional fabrication of evidence

If you think your rights were violated by the police:

  • Always file a complaint first with the police department or internal affairs division. It is generally a requirement that you exhaust all of your administrative remedies first before bringing a lawsuit.
  • After reporting to the police department, the next step is to report the misconduct to the United States Department of Justice or the United States Attorneys office

Police Abuse Series-Filing a Complaint on a Officer News Video

Only We the people can stop the abuse of power and government. We all must stand together to be heard!

Source: The Dirtbag Blog

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