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February 10, 2025

Police Abuse of Power: Know Your Rights in California

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Police abuse of power can devastate individuals and communities alike. These range from unwarranted physical aggression to civil liberties violations, all of which undermine public trust in law enforcement and leave many of its victims feeling helpless. At Pointer and Buelna, LLP, we also stress that if you find yourself in California and feel as if you have been a victim of police misconduct, it is essential to understand your rights under state and federal law.

What Is Police Abuse of Power?

Abuse of power by police occurs when officers overreach their authority and create harm through violent actions, false arrests, illegal searches, or violations of rights. Though the majority of the officers maintain their duties, it causes an enormous amount of personal, legal, and societal harm.

Common Forms of Police Abuse of Power

Use of Excessive Force

Even in imminent danger, force is sometimes necessary, but doing more than what is needed to subdue someone who is not armed is abuse. PPIC, The Public Policy Institute of California, reveals that almost 200 people die in police interactions each year and that racial minorities are over-represented in deaths caused by police actions.

False Arrest or Imprisonment

It happens if law enforcement retains a person without reasonable cause. Besides curtailing individual freedoms, it perpetuates long-term emotional, financial and reputational ruin for victims.

Warrantless Searches and Violations of Privacy

It cannot occur without a valid warrant or justification, and evidence unlawfully obtained is generally inadmissible in court.

Civil Rights Violations

It includes discrimination in race, gender, socioeconomic, etc.  Black Californians, for instance, face a disproportionate risk of serious injury or death in police interactions.

The Legal and Social Impacts of Police Misconduct

Consequences for Victims

Police misconduct can lead to physical harm, emotional distress, and financial burdens and can upend lives and create distrust in law enforcement.

Loss of Public Trust in Law Enforcement

Every instance of abuse diminishes public confidence in law enforcement and making harder for community trust that helps us keep people safe.

Accountability Challenges

Broader systemic barriers, including insufficient data, legal protections for officers, and lack of transparency, make it challenging to hold wrongdoing accountable in the first place.

Understanding Your Rights Under California and U.S. Laws

State and federal laws protect your rights during interactions with law enforcement:

• Fourth Amendment: Protects against unreasonable searches and seizures.
• Fifth Amendment: The right to remain silent.
• California Assembly Bill 392: Limits deadly force to imminent threats.

You can file a complaint or take legal action if your rights are violated.

What to Do If You’re a Victim of Police Abuse of Power

If you believe you’ve experienced police misconduct, follow these steps:

• Document Everything: Note details of the incident, including officer names, badge numbers, and witnesses. Write down what happened as soon as possible.
• Seek Medical Attention: Address injuries immediately and save all medical records.
• Preserve Evidence: Keep videos, photos, and any related correspondence.
• File a Complaint: Report the incident to the relevant law enforcement agency.
• Consult an Attorney: Get legal advice to understand your options and strengthen your case.

How a California Police Brutality Attorney Can Help

A specialized attorney can:

• Advocate for your rights and ensure all legal avenues are explored. 
• Investigate the incident thoroughly, gathering evidence and witness testimonies. 
• File a lawsuit for compensation if warranted or negotiate a settlement. 

Start Your Fight for Justice: Contact a Police Misconduct Lawyer

At Pointer and Buelna, LLP – Lawyers For The People, we fight for victims of police abuse, leveraging our experience and proven results to help you reclaim your rights and secure compensation. Contact a police brutality lawyer in California, call us at (510) 929-5400 or schedule a free consultation today.