When Police Don’t Tell the Whole Truth, and Nothing but the Truth
Police officers have far more than just a moral obligation to tell the truth. If they make a false material statement in any police report about a crime, they can even be charged criminally. Two Los Angeles police officers will soon face trial because they have been accused of lying in their report about a traffic stop. If you have been the victim of illegal actions by police officers, the Helbraun Law Firm can fight for you to get justice.
Call the San Francisco police misconduct attorneys at Helbraun Law Firm today to discuss your potential case with us. We will review the facts and advise you whether you have a potential lawsuit.
California Law Provides Potential Jail Time for Officers Who Lie
Police officers have legal obligations when filing reports. If they knowingly falsify a material fact in a report, they can be prosecuted and face jail time. This is precisely what happened in the case of two Los Angeles police officers who were involved in a shooting incident in which they were accused of filing a false police report. Recently, an appellate court in Los Angeles County reinstated charges against the two officers after finding that magistrates improperly dismissed charges.
In California, there is a criminal statute that makes it illegal to knowingly make a false statement in a criminal report. Penal Code § 118.1 PC includes numerous elements that must be proven to charge an officer with and convict them of a false statement, including:
- The false statement is made knowingly and intentionally
- The report was in connection with the investigation of a crime
- The statement is material (for example, changing a color may not be material if it does not relate to a key element of charges against a defendant)
- The statement is included in the report, or it is made to another officer who includes it in a report
The law recognizes that what police say can have an outsize impact on the lives of other people who may face criminal charges themselves based on what officers say. Citizens may be charged with crimes that can change the course of their lives as a result of police reports.
Videotape Evidence Contradicted What Two Los Angeles Police Officers Said
In this particular case, two officers on patrol responded to a call for assistance from officers who were making a traffic stop. The officers followed the car to an area of Los Angeles that was associated with gang activity. The other officers were involved in a shooting incident with the other occupants of the car in which two deputies were wounded and the other occupants of the car were killed.
Here, the two officers at issue pursued one of the occupants of the car named Martinez. The officers filed a police report in which they claimed that they were involved in a traffic collision with Martinez, who was approaching their vehicle. When questioned by other officers, Martinez claimed that the officers ran him over with their car.
There was video evidence that contradicted the officers’ side of the story captured by a nearby resident. The video showed Martine standing upright immediately before the police car crashed into him. At that point, Martinez lay motionless on the ground while one of the officers exited the car.
The Appellate Court Reinstated the Charges
The officers were charged with making a false statement in a report under Penal Code § 118.1 PC. However, the charges were dismissed by a magistrate at a preliminary hearing, who claimed that there was insufficient evidence to charge the officers. The prosecution appealed the dismissal, and the case made its way up to an appellate court. The court reinstated the charges and remanded the case back to the trial court. Of importance here, the court found that the magistrate made no factual findings when dismissing the charges. According to the court, there would be at least a rational basis to believe that the charges were well-founded, and the case should proceed to trial.
There can be serious consequences for officers who have been found to have lied in police reports about crimes. If you end up facing punishment because of the lies that officers told, you may be able to file a lawsuit against the police department to seek compensation for the harm that you suffered from their false statements. You should hire an experienced police misconduct lawyer in California to handle your case.
Contact a San Francisco Police Misconduct Lawyer Today
Talk to attorney David M. Helbraun at the Helbraun Law Firm if you have been the victim of police misconduct. Attorney Helbraun could work to ensure that the police are not above the law and held accountable. You can schedule a free consultation by calling us today at 415-982-4000.
