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  1. #51
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    Mar 2013
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    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
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    "Stealing a car?" The charge is possession of stolen property.
    Grand theft auto/possession of stolen property - makes no difference. Both are punishable under PC 1170(h) as felonies. Possession of stolen property is just easier to prove.

  2. #52
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting L-1
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    Grand theft auto/possession of stolen property - makes no difference. Both are punishable under PC 1170(h) as felonies. Possession of stolen property is just easier to prove.
    Yep. Auto theft would require they prove that the suspect actually STOLE the vehicle in question. Possession of stolen property merely requires that the suspect knew - or reasonably SHOULD have known - the vehicle was stolen. And, given the fat that he fled, led officers on a wild pursuit in the opposite lanes of practice, and then struggled with arresting officers, we can reasonably infer that he knew he was committing a crime.

  3. #53
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
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    288

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    The K-9 Officer is also involved in another case which is set for trial, mid-January, in Federal court.

    It is a wrongful death lawsuit. One of the causes of action is the negligent hiring of this officer.

    Is it possible that there is no criminal investigation because criminal charges against this officer would impact this civil case?

  4. #54
    Join Date
    Oct 2014
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    8,238

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
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    Is it possible that there is no criminal investigation because criminal charges against this officer would impact this civil case?
    Not likely since any charges filed against the officer in a separate incident would not be admissible against the officer in the civil trial regarding some other incident.

  5. #55
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    Sep 2009
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    Brawley, CA 92227
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    288

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Ok, good to know. Could it affect negotiations in a settlement?

    It would, however, affect the civil case that will likely be filed in the beating and mauling incident.

  6. #56
    Join Date
    Oct 2014
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    8,238

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
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    Ok, good to know. Could it affect negotiations in a settlement?
    Could it? In the abstract it’s possible. But generally speaking negotiations on settlement focus on what each side thinks might be proven at trial. Those things that are not admissible at trial typically would not be taken into account. Why would something the jury will not hear about affect the negotiations?

    Quote Quoting huntsab
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    It would, however, affect the civil case that will likely be filed in the beating and mauling incident.
    A conviction against the officer might well impact a civil case on the same incident that resulted in the conviction.

  7. #57
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    Sep 2009
    Location
    Brawley, CA 92227
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    288

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Thank you.

    A conviction begins with an investigation.

    The City has a financial interest in avoiding an investigation.

  8. #58
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    Oct 2014
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    8,238

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
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    Thank you.

    A conviction begins with an investigation.

    The City has a financial interest in avoiding an investigation.
    It might. But a smart city would be willing to investigate and refer for prosecution an officer who did the wrong thing because that sends a message to the other officers not to do the same thing. The only thing worse for the city than having to pay out once for officer misconduct is to have to pay again and again for future officer misconduct. Not all cities are so enlightened, of course, but then Americans generally have tended to be more about the present than planning for the future.

    Moreover, if the DA thought the matter warranted investigation, it could pursue that independently of the police department involved. The DA’s budget isn’t impacted by any lawsuit against the city.

  9. #59
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
    View Post
    Thank you.

    A conviction begins with an investigation.

    The City has a financial interest in avoiding an investigation.
    But, the CITY doesn't decide if a criminal case is filed - the District Attorney does. While a city could be corrupt or blind enough to close its eyes to potential misconduct and not initiate an investigation of possible malfeasance, the DA is still free to investigate on his own and to pursue criminal charges if they are warranted under the law. The city's internal investigation can still result in a recommendation for prosecution even if much of the information obtained cannot be utilized in a criminal investigation (due to coerced statements, confidentiality, etc.).

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