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Malicious criminal prosecutions of the victims of police abuse are rampant; especially for patently ambiguous and constantly abused “resistance offenses” like “resisting / obstructing / delaying a peace officer in performance of duties“ or “preventing / deterring public officer from performing duties“. Under California state law, a police officer is absolutely immune for attempting to frame you for a crime that you didn’t commit, and even if you receive a finding of factual innocence from the judge who presided over your bogus criminal action.When the police falsely arrest you or beat you or do other terrible things to you, with few exceptions, the police almost always at least to attempt to procure your bogus criminal prosecution, when you were the victim and they are the criminal. Moreover, neither the police officer nor the public entity who employed them while he/she attempted to frame you are civilly liable to those who they attempted to frame.The Fourth Amendment prohibits government officials from detaining a person absent probable cause.And where legal process has gone forward, but has done nothing to satisfy the probable-cause requirement, it cannot extinguish a detainee’s Fourth Amendment claim.If the police can search you or beat you or falsely arrest you with impunity, they will, and they do.Any system of crime and punishment, even one well constrained by constitutional safeguards, is only as good as the persons acting in their various roles within that system; both the executive and the judicial branches.
In the State of California, if a police officer arrests you and procures your criminal prosecution based on know material lies contained in the officer’s police report, and you remain in jail for years awaiting trial because you can’t make bail, even if you are totally innocent and even if you prove that at trial so well that the trial Judge makes a “Finding Of Factual Innocence” (stating that you were not just found not guilty, but that in the Judge’s view you are totally innocent), the police officer cannot be sued for one penny under California law. That has been the law of California since it’s inception; first by “common law” doctrine, and in 1963, by statute.
Most people who have not experienced or witnessed unjustified police beatings and their accompanying false arrests and bogus criminal prosecutions, believe that the civilian must have done something wrong, or the officer wouldn’t have done them dirty.
It is a programmed belief system that is supported by rather stark political reality; if you want to get elected to public office, claim that the police support you over your opponent.
Thirty years ago, juries would find police officers liable for shooting unarmed civilians.
These days, the mere failure to do whatever the police order you to do, immediately, is sufficient justification to at least use substantial force upon you, and in many cases, sufficient justification to shoot you.