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The law isn’t what is says; it’s what it does; what it “does” to real people in the real world.
If the police can search you or beat you or falsely arrest you with impunity, they will, and they do.
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.
No one ever got elected to public office by promising to curb abuse by police officers.
posting bail to avoid arrest after warrant issued), and, if malicious prosecution actions still need to show the common law elements of the tort of malicious prosecution to succeed on a straight-up malicious prosecution claim.
MALICIOUS CRIMINAL PROSECUTIONS BY PEACE OFFICERS ARE COMMON; ESPECIALLY FOR “RESISTANCE OFFENSES”.
In that vein, malicious criminal prosecutions for “resistance offenses” are very common in these times.
Rachel: I'm not going to Ross's wedding because he is my ex-boyfriend and that would be really uncomfortable. I mean, hey, y'know, I like Ross as much as the next guy.
You know, clearly I have feelings for him, but feelings don't mean love!
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.
Frankly Ladies and Gentlemen, this is outrageous, and downright un-American. “Thou shalt not bear false witness”), it’s ethically wrong (what could be worse than framing your victim), and it simply should not be tolerated.
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They do this to shift the blame from them to you and to preclude you from being able to successfully sue them from vindicating your constitutional rights and your honor and dignity.