Mon. May 20th, 2024

Governor Signs SB 1421 and AB 748, Dramatically Increasing Public Access to Peace Officer Personnel Records

On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of legislation, Senate Bill 1421 and Assembly Bill 748, that will require major changes in how law enforcement agencies respond to requests for peace officer personnel records.

In short, these two statutes will allow members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the California Public Records Act (“CPRA”) request.

Effective January 1, 2019, SB 1421 amends Government Code Section 832.7 to generally require disclosure of records and information relating to the following types of incidents in response to a request under the CPRA:

  • Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
  • Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury.
  • Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. “Sexual assault” is defined for the purposes of section 832.7 as the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or any other official favor, or under the color of authority.   The propositioning for or commission of any sexual act while on duty is considered a sexual assault.
  • Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing of evidence.

AB 748 requires agencies, effective July 1, 2019, to produce video and audio recordings of “critical incidents,” defined as an incident involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury, in response to CPRA requests.

These statutes have different timelines for production of records, and different circumstances under which production of records can be delayed or records can be withheld. Further, agencies may wish to evaluate their document retention policies in light of these new disclosure requirements.  Agencies should work closely with trusted legal counsel to ensure compliance with both statutes.

AB 748 requires agencies, effective July 1, 2019, to produce video and audio recordings of “critical incidents,” defined as an incident involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury, in response to CPRA requests.

These statutes have different timelines for production of records, and different circumstances under which production of records can be delayed or records can be withheld. Further, agencies may wish to evaluate their document retention policies in light of these new disclosure requirements.  Agencies should work closely with trusted legal counsel to ensure compliance with both statutes. source


CA Laws Intersect to Create New, More Immediate Disclosure Obligations for Police Recordings

Now, more than ever, Californians have greater access to police personnel records, body and dashboard camera footage and other recordings acquired by police agencies due to companion laws Senate Bill 1821 and Assembly Bill 748. Signed into law in 2018, these laws alter the way law enforcement agencies respond to California Public Records Act requests for records relating to critical incidents.

Agencies have operated under the authority of these laws since January 2019 (SB 1421) and July 2019 (AB 748), but questions remain about permitted delays and redactions, privacy, criminal proceedings and internal investigations. Agencies did receive some disclosure clarity earlier this year when a judge held that, while SB 1421 applies prospectively, it still requires an agency to publicly release pre-2019 police personnel records it maintains in response to CPRA requests to critical incidents.

However, further case law doesn’t yet exist to help responding agencies answer many of the outstanding questions.

Without court opinions to guide an agency’s practices, agencies can look to the legislative intent of the bills to better understand what images and data are subject to redaction, the limited circumstances that warrant a delay in a record’s release and privacy interests often associated with these types of records.

Closed Off and Confidential 

Prior to SB 1421 and AB 748, California was one of the most secretive states when it came to the release of video, audio and other records relating to critical incidents. Generally, exempt from public disclosure under the CPRA, they were protected as investigatory files or confidential police officer personnel records.

Then, courts and policies shifted.

Beginning in 2016 with the California Court of Appeal’s ruling in City of Eureka v. Superior Court, the court held that police “dashcam” footage was not protected as a confidential personnel record simply because it might later be used by a police department in connection with a complaint or investigation.

Next came the Los Angeles Police Department’s Critical Incident Video Release Policy, which, revised in 2018, stated that the Department would release to the public video of critical incidents within 45 days of the incident.

At the same time, California lawmakers were grappling with how to mandate similar access statewide. Their debate centered on how to increase transparency while also respecting the privacy rights at issue, and the new LAPD policy provided them a roadmap.

Enter SB 1421 and AB 748.

Critical Incidents Spark Release

Under both laws, the general principles for processing CPRA requests apply equally. As such, the CPRA dictates that an agency must make a determination of whether it has responsive records within 10 calendar days of receiving a request. A rule governing a 14-day extension still applies. Agencies are still expected to produce records within a “reasonable” amount of time, and traditionally, the CPRA allows for a few, specific reasons to delay the production of records. This is where SB 1421 and AB 748 differ.

SB 1421 amended California Penal Code section 832.7 governing police personnel records to strengthen the public’s faith in law enforcement by ensuring its right to access to reports of potential police misconduct, civilians’ rights violation and use or deadly force. source

 


Law Enforcement Agencies Must Disclose Video and Audio Recordings Even  if it is Relating to a “Critical Incident” and Certain Investigation Records Without Pitchess Process Under New Laws

Governor Brown has signed two new laws to require law enforcement agencies to provide, in response to a California Public Records Act request, certain information that was previously exempt from disclosure and, in some instances, was confidential and subject to Pitchess Motion requirements.

AB 748:
Starting on July 1, 2019, video and audio recordings that relate to a “critical incident” are no longer exempt from disclosure under the California Public Records Act. A “critical incident” is defined as either 1) an incident involving the discharge of a firearm at a person by a peace officer or custodial officer; or 2) an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury. The timing of the disclosure is subject to the deadlines already in place in the Public Records Act, except the agency may take additional time, as specified in amended Government Code section 6254(f), if the agency demonstrates that disclosure would substantially interfere with an active criminal or administrative investigation. However, there are specific requirements set forth in Government Code section 6254(f)(4)(A) to justify the delay in disclosure.

SB 1421:
Penal Code sections 832.7 and 832.8 state that peace officer personnel files are confidential and cannot be disclosed absent compliance with Evidence Code sections 1043 and 1046 (i.e., a Pitchess Motion). However, effective January 1, 2019, certain peace officer or custodial officer personnel records are no longer confidential and shall be made available for public inspection pursuant to the Public Records Act.

Specifically, records relating to the report, investigation, or findings of 1) an incident involving the discharge of a firearm at a person by a peace officer or custodial officer; 2) an incident in which the use of force by a peace officer or custodial officer resulted in death or great bodily injury; 3) an incident in which a sustained finding was made regarding sexual assault involving a member of the public; and 4) incidents relating to sustained findings of dishonesty by a peace officer or custodial officer must be made available pursuant to the Public Records Act.

The amended Penal Code section 832.7 contains important provisions regarding the specific types of records that are subject to disclosure, which information may be redacted from the records, and under what circumstances the agency may delay disclosure and for how long.

Law enforcement agencies and custodians of records should prepare for significant numbers of new requests for this information when the new laws take effect, and should consult with legal counsel regarding the possible need for new policies and procedures. source


California bill requires cops to release body cam video

LOS ANGELES (AP) — A longstanding national debate about police transparency and privacy has been reignited in California with legislation that would require law enforcement agencies to release body camera video and recordings of fatal police shootings and other significant incidents.

The proposal, which comes amid a push across the U.S. for body camera recordings to be released more quickly after fatal police shootings, seeks to establish a statewide policy on when body camera footage and other audio and video recordings should be released.

The state Senate’s Public Safety Committee has scheduled a hearing Tuesday on Assembly Bill 748, which would amend California’s public records statute to limit the discretion that police departments have for withholding body camera videos. The proposed measure would require police departments to release video in cases where law enforcement officers use force or in incidents where it is believed there is a violation of law or public policy.

More than a dozen law enforcement organizations oppose the measure and many contend it should be up to local police departments to determine when, if ever, body camera footage should be released.

State lawmakers have failed to pass a handful of different bills in the last few years that addressed body-worn video, including establishing policies on when officers should turn their cameras on and off and when the public would have access to videos.

Several California police departments, including the Los Angeles Police Department, maintain policies denying the disclosure of body camera videos and consider the footage to be investigative records that are exempt from the state’s open records law.

“We have a patchwork of policies and in some instances, very little policy, as to when the public can access the information and when the public can’t,” said Assemblyman Phil Ting, who introduced the bill. “Body cameras were created to improve greater public trust between law enforcement and community members and without access to that video footage we’re not really able to achieve those goals.”

Ting, a Democrat, says the bill “strikes a fair balance” because it also carves out several exemptions, which allow police departments to withhold videos if there’s more of a public interest in not disclosing the recordings and to withhold recordings that are part of an ongoing investigation for up to 90 days.

Advocates of the bill, including the American Civil Liberties Union, say the legislation is an important step forward in ensuring police transparency, especially after fatal police shootings.

“This is an area where California law really lags behind the rest of the country in allowing transparency,” said Peter Bibring, the director of policing practices at the ACLU of Southern California.

Opponents argue that because the bill requires police to release the recordings after 90 days, it could compromise ongoing criminal investigations and disciplinary proceedings.

“This bill will taint ongoing police investigations and all but kills the impartiality of the investigation process,” said Craig Lally, the president of the Los Angeles Police Protective League, the union that represents city police officers. source

AB748 – Audio and Video Recordings

Many law enforcement agencies withhold video and audio recordings of serious use of force incidents as investigatory records under Government Code Section 6254(f). AB748 adds an exception to the investigatory record exemption to now require disclosure of recordings related to a “critical incident.” Critical incident is defined as an incident involving the discharge of a firearm at a person by a peace officer or an incident in which the use of force resulted in death or great bodily injury. A law enforcement agency may redact the recordings if the agency demonstrates that the public interest in disclosure is outweighed by a person’s reasonable expectation of privacy. Agencies should consider using redaction technology to redact, blur, or distort the recording to protect the privacy interest while still allowing disclosure. An agency may only withhold a video or audio recording in its entirety if the agency demonstrates that the privacy interest cannot be adequately protected by use of redaction technology.

A law enforcement agency may withhold the release of a recording for 45 days if the agency determines the disclosure would substantially interfere with an active criminal or administrative investigation. As with the personnel records affected by SB1421, any delay beyond the initial time period will impose a significant burden on the agency to justify the delay. The law enforcement agency will be required to reevaluate the nondisclosure and state its justification to the requestor in writing at regular intervals. source


Assembly Bill 748

Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. Existing law makes records of investigations conducted by any state or local police agency exempt from these requirements. Existing law requires specified information regarding the investigation of crimes to be disclosed to the public unless disclosure would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation.

This bill, commencing July 1, 2019, allows a video or audio recording that relates to a critical incident, as defined, to be withheld for 45 calendar days if disclosure would substantially interfere with an active investigation, subject to extensions, as specified. The bill allows the recording to be withheld if the public interest in withholding video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, in which case the bill allows the recording to be redacted to protect that interest. If the agency demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction, the bill requires that the recording be promptly disclosed to a subject of the recording, his or her parent, guardian, or representative, as applicable, or his or her heir, beneficiary, immediate family member, or authorized legal representative, if deceased.

For purposes of this paragraph, a video or audio recording relates to a critical incident if it depicts any of the following incidents:

  • An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
  • An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury. source

Read the full bill text for AB 748

 

Governor Signs SB 1421 and AB 748, Dramatically Increasing Public Access to Peace Officer Personnel Records


Assembly Bill 748 Makes Video Evidence Captured by Police Agencies in Two Types of Cases Subject to Disclosure as Public Records

Assembly Bill 748, introduced by Assembly member Phil Ting, changes previous law under the California Public Records Act (CPRA) relating to video evidence captured by police officers during investigations and/or detentions of individuals.  This Bill was signed into law by Governor Jerry Brown on Sunday, September 30, 2018, and will take effect on July 1, 2019.

Prior to the enactment of AB 748, video and audio evidence of any type (i.e., light-bar camera, body camera, taser camera) was exempt from disclosure as an “investigatory record” under the California Public Records Act if the video evidence recorded an officer contacting/detaining anyone to investigate whether a violation of any law had occurred (Haney v. Superior Court (2001) 26 Cal.4th 1061).

Assembly Bill 748 will require disclosure of a video or audio recording of a “critical incident” within time limits specified in the Bill.  The law defines a “critical incident” as either a discharge of a firearm by an officer or the use of any type of force which results in death or great bodily injury.  The generally accepted definition of “great bodily injury” in California is any “significant or substantial physical injury.” (Penal Code § 12022.7(f)).

The rules concerning the obligation of a public agency to disclose video or audio evidence of a “critical incident” are somewhat murky, and will undoubtedly have to be clarified through future court proceedings which will occur when an agency refuses to disclose video or audio evidence under the CPRA.

However, at present, the language of AB 748 provides that the public agency’s disclosure obligations are as follows:

  1. In the event the Agency receives a Public Records Act Request relating to an “active criminal or administrative investigation” of an OIS or other use of force causing great bodily injury, the Agency may initially delay disclosure of the video/audio under the “active criminal investigation “exemption for a maximum of 45 days.

Thereafter, in the event the “active criminal and or administrative investigation” continues beyond the initial 45 day period following receipt of the CPRA request, the Agency may thereafter delay disclosure of the audio/video for up to one year if the agency can demonstrate that disclosure would continue to interfere with the active investigation.  We expect that this issue will probably be litigated between the person/entity making the CPRA request and the governmental agency in the event that the agency declines to release the audio/video after the initial 45 day period.

AB 748 allows the Agency to continue to delay disclosure even after 1 year.  However, if the Agency does that, it is required to demonstrate (most likely in a court of law in a Writ of Mandate proceeding) by “clear and convincing evidence” that disclosure of the audio/video would still “substantially interfere with the investigation.”  In addition, if the Agency continues to delay disclosure after one year, the Agency must provide the requestor an estimated date when the Agency will disclose the audio/video, and the Agency is further required to reassess the withholding of the audio/video and notify the requestor every 30 days thereafter.

AB 748 allows the Agency to use “redaction technology” (by blurring faces of persons depicted in a video) to “prevent violations of the reasonable expectation of privacy” of the person(s) depicted.  This may mean that the Agency would be permitted to blur the face of a juvenile, a crime victim, a bystander, or a person whose image is captured by a body camera in a hospital (as examples).  However, the Bill also states that if the “reasonable expectation of privacy” of a person depicted in a video cannot be protected through the use of redaction technology, the Agency can then continue to withhold disclosure of the audio/video pursuant to a CPRA request.  However, in the event the Agency withholds the audio/video from public disclosure under these circumstances, it will be required to provide a copy of the audio/video to the person depicted in the video and/or his/her legal representative (who may then provide the video to the media).

The concern of this Firm about the release of agency captured video and audio of officer-involved shootings or other substantial uses of force resulting in great bodily injury is the fact that this type of evidence is always graphic and can be quite unsettling to persons unaccustomed to seeing the application of force to subdue or arrest individuals. Public disclosure has the potential to create public hysteria concerning virtually any police use of force and therefore increase political and media pressure on elected and appointed officials to take disciplinary action and/or file criminal charges against the peace officers depicted in these videos.

RLS has been undertaking careful analysis of video evidence of law enforcement actions for over two decades. We will continue to perform the critical analyses which often demonstrate that OISs and other uses of force are lawfully permitted uses of force.  It is only through careful and considered analysis of these videos that we can ensure that officers involved in these matters are not subjected to erroneous and inflammatory assertions made by members of the public who have little understanding or appreciation of the rights and obligations of officers to use physical force under the law, and who will likely react to video and/or audio evidence of police use of force on only first impression and emotion. source



 

 

More access also below

Section 832.7Peace officer or custodial officer personnel records

Senate Bill No. 1421California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

California Senate Bill 16 (SB 16) – 2023-2024 – Peace officers: Release of Records

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

PUBLIC RECORDS REQUEST CONTACTS for Los Angeles County (click here for media policy)

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

Obtaining a Report from LASD Records (You, 3rd party or consel can obtain)

SEARCH SB-1421 SB-16 Incidents of LA County, Oakland

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 


How do I submit a request for information?

To submit a request send the request via mail, fax, or email to the agency. Some agencies list specific departments or people whose job it is to respond to PRA requests, so check their websites or call them for further info. Always keep a copy of your request so that you can show what you submitted and when.

from the ACLU we have 2 types of SB 1421 Templates for Sample Requests 

1. Incident Based Request: Use this template if you want records related to a particular incident, like the investigative record for a specific police shooting, an arrest where you believe an officer may have been found to have filed a false report, or to find out whether complaint that an officer committed sexual assault was sustained.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

2. Officer Based Request: Use this template if you want to find any public records of misconduct related to a particular officer or if he or she has been involved in past serious uses of force.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

We also have more robust sample letters below:

Sample Letter | SB 1421 & SB 16 Records

Download Word document | Download PDF

 

Sample Letter | Police Recordings

Download Word document | Download PDF

 

The CPRA is now located at Government Code sections 7920.000-7931.000
The First Amendment Coalition also has some useful information to help explain the PRA process.


 





 

 

 

 

 

 


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Abuse & Neglect The Mandated Reporters  (Police, D.A & Medical & the Bad Actors)

Mandated Reporter Laws – Nurses, District Attorney’s, and Police should listen up
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The California Mandated Reporting LawClick Here

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It Only Takes a Minute to Make a Difference in the Life of a Child learn more below

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Learn More About True Threats Here below….

We also have the The Brandenburg v. Ohio (1969)1st Amendment

CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence 1st Amendment

We also have the The Incitement to Imminent Lawless Action Test 1st Amendment

We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

We also have the Watts v. United StatesTrue Threat Test – 1st Amendment

We also have the Clear and Present Danger Test – 1st Amendment

We also have the Gravity of the Evil Test – 1st Amendment

We also have the Elonis v. United States (2015) – Threats – 1st Amendment


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We also have the Miller v. California 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment


Learn More About Police, The Government Officials and You….

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Anti-SLAPP Law in California

Freedom of AssemblyPeaceful Assembly1st Amendment Right

Supreme Court sets higher bar for prosecuting threats under First Amendment 2023 SCOTUS

We also have the Brayshaw v. City of Tallahassee1st Amendment Posting Police Address

We also have the Publius v. Boyer-Vine –1st Amendment Posting Police Address

We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019)1st Amendment – Retaliatory Police Arrests

We also have the Hartman v. Moore (2006)1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
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Retaliatory Prosecution Claims
Against Government Officials1st Amendment

Freedom of the Press Flyers, Newspaper, Leaflets, Peaceful Assembly1$t Amendment – Learn More Here

Vermont’s Top Court Weighs: Are KKK Fliers1st Amendment Protected Speech

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – Letters to Politicians Homes – 1st Amendment

We also have the First Amendment Encyclopedia very comprehensive 1st Amendment


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FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse AllegationsFamily Code 3027.1 – Click Here

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Awarding Discovery Based Sanctions in Family Law Cases – Click Here

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Zamos v. StroudDistrict Attorney Liable for Bad Faith ActionClick Here

Malicious Use of Vexatious Litigant – Vexatious Litigant Order Reversed


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What is a Fiduciary Duty; Breach of Fiduciary Duty

The Attorney’s Sworn Oath

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling – makes it easier to sue police

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Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves

Fighting Discovery Abuse in LitigationForensic & Investigative AccountingClick Here

Criminal Motions § 1:9 – Motion for Recusal of Prosecutor

Pen. Code, § 1424 – Recusal of Prosecutor

Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case

National District Attorneys Association puts out its standards
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The Ethical Obligations of Prosecutors in Cases Involving Postconviction Claims of Innocence

ABA – Functions and Duties of the ProsecutorProsecution Conduct

Prosecutor’s Duty Duty to Disclose Exculpatory Evidence Fordham Law Review PDF

Chapter 14 Disclosure of Exculpatory and Impeachment Information PDF


Mi$Conduct JudiciaMi$Conduct  Judge$

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l292 Disqualification of Judicial OfficerC.C.P. 170.6 Form

How to File a Complaint Against a Judge in California?

Commission on Judicial PerformanceJudge Complaint Online Form

Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves

Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case


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Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone Click Here

Mathews v. EldridgeDue Process 5th, & 14th Amendment

 Mathews Test3 Part TestAmdt5.4.5.4.2 Mathews Test

UnfriendingEvidence – 5th Amendment

At the Intersection of Technology and Law

We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts  1st Amendment
so if you are interested in learning about 
Introducing Digital Evidence in California State Courts
click here for SCOTUS rulings

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What is Probable Cause? and.. How is Probable Cause Established?

Misuse of the Warrant System – California Penal Code § 170Crimes Against Public Justice 4th, 5th, & 14th Amendment

What Is Traversing a Warrant (a Franks Motion)?

Dwayne Furlow v. Jon Belmar – Police Warrant – Immunity Fail – 4th, 5th, & 14th Amendment


Obstruction of Justice and Abuse of Process

What Is Considered Obstruction of Justice in California?

Penal Code 135 PCDestroying or Concealing Evidence

Penal Code 141 PC Planting or Tampering with Evidence in California

Penal Code 142 PCPeace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense

Penal Code 182 PC “Criminal Conspiracy” Laws & Penalties

Penal Code 664 PC “Attempted Crimes” in California

Penal Code 32 PC – Accessory After the Fact

Penal Code 31 PC – Aiding and Abetting Laws

What is Abuse of Process? 

What is a Due Process Violation? – 4th Amendment & 14th Amendment

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

The Use and Abuse of Power by Prosecutors (Justice for All)


ARE PEOPLE LYING ON YOU?
CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

Penal Code 118 PC – California Penalty of “Perjury” Law

Federal Perjury – Definition by Law

Penal Code 132 PCOffering False Evidence

Penal Code 134 PCPreparing False Evidence

Penal Code 118.1 PCPolice Officer$ Filing False Report$

Spencer v. PetersPolice Fabrication of Evidence – 14th Amendment

Penal Code 148.5 PC –  Making a False Police Report in California

Penal Code 115 PCFiling a False Document in California


Misconduct by Government Know Your Rights Click Here 

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

18 U.S. Code § 242Deprivation of Right$ Under Color of Law

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Section 1983 LawsuitHow to Bring a Civil Rights Claim

 Suing for MisconductKnow More of Your Right$

Police Misconduct in CaliforniaHow to Bring a Lawsuit

How to File a complaint of Police Misconduct? (Tort Claim Forms here as well)

Deprivation of Rights – Under Color of the Law

What is Sua Sponte and How is it Used in a California Court? 

Removing Corrupt Judges, Prosecutors, Jurors
and other Individuals & Fake Evidence
from Your Case 

Anti-SLAPP Law in California

Freedom of Assembly – Peaceful Assembly – 1st Amendment Right

How to Recover “Punitive Damages” in a California Personal Injury Case

Pro Se Forms and Forms Information(Tort Claim Forms here as well)

What is Tort?


Tort Claims Form
File Government Claim for Eligible Compensation

Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.

See Information Guides and Resources below for more information.

Tort Claims – Claim for Damage, Injury, or Death (see below)

Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here or here from us

California – California Tort Claims Act – California Tort Claim Form Here or here from us

Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

WRITS and WRIT Types in the United States


How do I submit a request for information?

To submit a request send the request via mail, fax, or email to the agency. Some agencies list specific departments or people whose job it is to respond to PRA requests, so check their websites or call them for further info. Always keep a copy of your request so that you can show what you submitted and when.

Templates for Sample Requests

Incident Based Request: Use this template if you want records related to a particular incident, like the investigative record for a specific police shooting, an arrest where you believe an officer may have been found to have filed a false report, or to find out whether complaint that an officer committed sexual assault was sustained.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

Officer Based Request: Use this template if you want to find any public records of misconduct related to a particular officer or if he or she has been involved in past serious uses of force.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

The First Amendment Coalition also has some useful information to help explain the PRA process.

Sample Letter | SB 1421 & SB 16 Records

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Appealing/Contesting Case/Order/Judgment/Charge/ Suppressing Evidence

First Things First: What Can Be Appealed and What it Takes to Get StartedClick Here

Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1If Court Grants Motion to Suppress as Evidence

Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here

Notice of Appeal Felony (Defendant) (CR-120)  1237, 1237.5, 1538.5(m) – Click Here

California Motions in LimineWhat is a Motion in Limine?

Petition for a Writ of Mandate or Writ of Mandamus (learn more…)

PC 1385 – Dismissal of the Action for Want of Prosecution or Otherwise


Retrieving Evidence / Internal Investigation Case 

Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDAClick Here

Fighting Discovery Abuse in LitigationForensic & Investigative AccountingClick Here

Orange County / LA County Data, BodyCam, Police Report, Incident Reports,
and all other available known requests for data below: 

SEARCH SB-1421 SB-16 Incidents of LA County, Oakland

California Senate Bill 16 (SB 16) – 2023-2024 – Peace officers: Release of Records

APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here

Learn About Policy 814: Discovery Requests OCDA Office – Click Here

Request for Proof In-Custody Form Click Here

Request for Clearance Letter Form Click Here

Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here

Request Authorization Form Release of Case InformationClick Here

Texts / Emails AS EVIDENCEAuthenticating Texts for California Courts

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests

case law: City of San Jose v. Superior CourtReleasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Rules of AdmissibilityEvidence Admissibility

Confrontation ClauseSixth Amendment

Exceptions To The Hearsay RuleConfronting Evidence

Prosecutor’s Obligation to Disclose Exculpatory Evidence

Successful Brady/Napue Cases Suppression of Evidence

Cases Remanded or Hearing Granted Based on Brady/Napue Claims

Unsuccessful But Instructive Brady/Napue Cases

ABA – Functions and Duties of the ProsecutorProsecution Conduct

Frivolous, Meritless or Malicious Prosecution – fiduciary duty

Section 832.7Peace officer or custodial officer personnel records

Senate Bill No. 1421California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 

Electronic Audio Recording Request of OC Court Hearings

CPRA Public Records Act Data Request – Click Here

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Police BodyCam Footage Release


Cleaning Up Your Record

Tossing Out an Inferior JudgementWhen the Judge Steps on Due Process – California Constitution Article VI – Judicial Section 13

Penal Code 851.8 PCCertificate of Factual Innocence in California

Petition to Seal and Destroy Adult Arrest RecordsDownload the PC 851.8 BCIA 8270 Form Here

SB 393: The Consumer Arrest Record Equity Act 851.87 – 851.92  & 1000.4 – 11105 CARE ACT

Expungement California – How to Clear Criminal Records Under Penal Code 1203.4 PC

How to Vacate a Criminal Conviction in CaliforniaPenal Code 1473.7 PC

Seal & Destroy a Criminal Record

Cleaning Up Your Criminal Record in California (focus OC County)

Governor Pardons –What Does A Governor’s Pardon Do

How to Get a Sentence Commuted (Executive Clemency) in California

How to Reduce a Felony to a MisdemeanorPenal Code 17b PC Motion


PARENT CASE LAW 

RELATIONSHIP WITH YOUR CHILDREN &
YOUR
CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE IMMORAL NON CIVIC MINDED PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

Family Law AppealLearn about appealing a Family Court Decision Here

9.3 Section 1983 Claim Against Defendant as (Individuals)14th Amendment this CODE PROTECT$ all US CITIZEN$

Amdt5.4.5.6.2 – Parental and Children’s Rights“> – 5th Amendment this CODE PROTECT$ all US CITIZEN$

9.32 Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$

California Civil Code Section 52.1
Interference with exercise or enjoyment of individual rights

Parent’s Rights & Children’s Bill of Rights
SCOTUS RULINGS FOR YOUR PARENT RIGHTS

SEARCH of our site for all articles relating for PARENTS RIGHTS Help!

Child’s Best Interest in Custody Cases

Are You From Out of State (California)?  FL-105 GC-120(A)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Learn More:Family Law Appeal

Necessity Defense in Criminal Cases

Can You Transfer Your Case to Another County or State With Family Law? – Challenges to Jurisdiction

Venue in Family Law Proceedings


GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C)Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000)Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular RightsFourteenth AmendmentInterference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate?Reason for Joinder

Joinder In Family Law CasesCRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Family Treatment Court Best Practice Standards

Download Here this Recommended Citation


 Epic Criminal / Civil Right$ SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling Parental Right$ Help Click Here

Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on

Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors


Please take time to learn new UPCOMING 

The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site

The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.

The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.