police misconduct

Explore comprehensive resources on allegations of unlawful actions by law enforcement officers, including video interviews with experienced attorneys and detailed articles addressing civil rights violations. Visitors will find insightful legal definitions and current discussions on accountability, rights protection, and legal remedies related to police behavior. Discover expert analyses on the complexities of pursuing claims and the impact on affected communities.

Lawyer filing motion for missing bodycam footage

Bodycam Footage Disappeared? Here’s the Motion Your Lawyer Should File.

Criminal Defense & Litigation, Evidence Law & Discovery, Law Enforcement Oversight & Reform, Legal Rights & Civil Liberties, Police Accountability & Misconduct /

Your lawyer should file a motion to preserve and compel production of bodycam footage (and related metadata) and request spoliation sanctions if it was destroyed. Courts can order recovery efforts, adverse-inference instructions, or other remedies when evidence is lost after a duty to preserve. This article explains why footage disappears, what to request, and how […]

Bodycam Footage Disappeared? Here’s the Motion Your Lawyer Should File. Read More »

Legal Loophole of Inevitable Discovery

Inevitable Discovery: Exception to Exclusionary Rule

Civil Rights, Compliance Violations, Constitutional Law, Court Orders, Criminal Law, Evidence, Federal Law, Legal Liability, Legal Procedures, Trial Procedures /

Inevitable discovery is an exclusionary rule exception that admits illegally obtained evidence if prosecutors prove it would have been found through lawful means anyway. The Supreme Court recognized the doctrine in 1984 and requires a showing of inevitability, not mere speculation. This article explains the doctrine’s elements, leading cases, and practical limits in criminal cases.

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Excluding Illegally Obtained Evidence

Exclusionary Rule: Keeping Illegal Evidence Out of Court

Appeals, Constitutional Law, Criminal Defense Strategies, Criminal Justice System, Criminal Law, Evidence, Federal Law, Legal Commentary, Legal Procedures, Trial Procedures /

The exclusionary rule generally bars evidence obtained in violation of the Fourth Amendment from being used in a criminal trial. Courts apply it to deter unlawful searches and seizures, but allow exceptions like good faith, inevitable discovery, and independent source. This article explains what the rule is, when it applies, and the main exceptions. The

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The Confidential Informant – AKA "The Snitch": How Informants Impact Criminal Cases

The Confidential Informant – AKA “The Snitch”

Arrest, Case Law, Court Hearing, Court Procedures, Court Sentencing, Court Trial, Criminal Defense, Criminal History, Criminal Justice, Criminal Law, Criminal Trial, District Attorney Prosecutor, Jail, Legal Theory, Other Legal Issues, Penal Codes, Police, Search and Seizure /

A confidential informant is typically an arrested suspect who cooperates with police for money or a reduced/dismissed charge. In San Bernardino County, these deals can affect searches, probable cause, and credibility at trial. This article explains how snitches are used, what they receive, and common defenses to challenge them. By Kirk Tarman, Criminal Defense Attorney

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