The increased availability of recording devices in today's society has brought public attention to the vast amount of police misconduct that occurs on a daily basis.  From the use of excessive and deadly force and unlawful searches, to planting of evidence and fabricated testimony, police officers frequently disregard the law in pursuit of their own objectives.  The term "crooked" cop can refer to police officers who work with criminals, as well as to those who ignore the Constitution and the law themselves in pursuit of convictions of others.  The Constitution offers citizens the right to be free from unlawful government intrusion (both through searches and interrogation).  Nonetheless, the US finds itself with the largest prison population in human history and the highest incarceration rate in the world.  The notion that we live in a "free" country is not a reality for many citizens.  I have previously discussed the term "testilying" and how it is widespread that police officers come into court and lie to secure convictions and justify bad searches.  Additionally, I have written about the various motions that can be filed on your behalf in a criminal defense case; in this article, I explain how police lies, bad searches and even police brutality can be exposed and benefit defendants in criminal cases in Los Angeles.

INCONSISTENCY
Police officers involved in a criminal case will typically write reports and then later refer to those reports when they testify at a preliminary hearing, motion hearing or at trial.  In addition to this carefully constructed report, however, will be other indications of what actually happened.  Many police departments equip their officers and/or patrol vehicles with video or audio surveillance equipment.  Additionally, bystanders and even suspects are beginning to record interactions with police, thus preserving objective evidence of the encounter.  This objective evidence may demonstrate that details in the officer's report are inaccurate or even fabricated.  Depending on the severity of the police error(s), the inaccuracies can call into question the officer's testimony as it relates to other aspects of the crime as well.  With the use of objective evidence, testimony of other witnesses and effective cross-examination, a skilled criminal defense attorney can expose an officer's lies or inability to accurately perceive a situation.  With the officer's credibility in doubt, judges and juries will have a hard time convicting a defendant beyond a reasonable doubt.  So while police may lie, we are in a better position in these modern times than ever before to expose it.  If you or a loved one has been arrested or charged with a crime and believe that the officers are making a false accusation, have planted evidence or are misstating details relating to your case, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

PITCHESS MOTIONS
In cases where the defense suspects that a police officer is engaging in misconduct (whether dishonesty or use of force), the defense may file a motion to access the officer's discipline records.  If the officer has a history of excessive force, falsifying statements, planting evidence, etc.), that past can be used against the officer's credibility in a present case.  While there is often a presumption the court makes that officers will testify truthfully, this bad history can help to rebut that presumption and call into question the evidence that the police intend to use against you.  If you have additional questions about Pitchess motions and exposing police fabrication, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Lawyer.

MOTION TO SUPPRESS EVIDENCE
The Fourth Amendment to the US Constitution protects citizens' rights to be free from unlawful searches and seizures by law enforcement.  Although the appellate courts have carved out many exceptions to these rights, it is important to assert those rights to their fullest extent in court.  Probable cause, consent or a warrant is required for any search or arrest.  Police may conduct a brief investigatory stop and pat down based on reasonable suspicion.  When police take these liberties without the requisite standard of suspicion, the search can be excluded from evidence.  In drug and weapon cases in particular, evidence being thrown out will often be fatal to the government's case.  If you or a loved one was arrested or charged with a crime resulting from an unreasonable intrusion upon your privacy, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Attorney.
More information about motions to suppress

MIRANDA VIOLATIONS / UNLAWFUL INTERROGATION
Much like the Fourth Amendment protects our rights against unreasonable search and seizure, the Fifth Amendment protects a citizen's right against self-incrimination.  Police employ deceptive and abusive interrogation tactics in order to coerce confessions.  You have NO OBLIGATION to discuss anything with a police officer.  Police officers use threats and lies to convince suspects to confess or witnesses to incriminate others.  If you have been arrested or charged with a crime and were improperly interrogated, you may be able to suppress statements, thus weakening the case against you.  Consult with an experienced lawyer and discuss the details of your case, any statements you may have made, whether you were properly Mirandized and any other defense strategies that might be available in your case.  Always invoke your Miranda rights when questioned by police officers.  You may refuse to answer their questions and demand that your attorney be present.

EXCESSIVE USE OF FORCE
Police shootings and beatings have recently stirred a lot of public controversy.  With the murders of Mike Brown, Tamir Rice and Freddie Gray have exposed a longstanding problem of police using lethal force against the citizens they are sworn to protect and serve.  But these events are nothing new.  The use of excessive force may have more relationship to civil rights law suits than criminal defense, but an officer's use of excessive force can certainly benefit a criminal defendant, especially in cases charging resisting arrest or obstructing a peace officer.  Citizens may use reasonable force to protect themselves from unlawful uses of force upon them, even by police officers.
More about civil rights litigation

Police searches, testimony, evidence handling and use of force have been problematic for a long time.  Help expose these deceitful practices by recording police misconduct and fighting your case.  Citizens, jurors, judges, and criminal defense attorneys can work together to fight police misconduct and restore the liberty and freedom our framers and founders intended.  For more information on how police misconduct, falsified testimony and rights violations can affect your case, contact our office for a free consultation.