Legal Question in Civil Rights Law in California
Petty Theft
I have a friend lets call her ''person A'' that was on her period and she went with a friend ''person--name removed-- to buy some tampons at a local supermarket. Person--name removed--thought that she had some money with her, but she didn't. The two of them didn't have any other options to get the tampons so they thought they would get away with stealing them. The security guard caught them outside the store when they almost got to the car, and he called the police. The male officer was rude to the teenage girls and search their car, for any stolen items, which I believe violates the 4th Amendment since their wasn't a legitimate reason to search the car and their was no warrant. At the police station the male officer was still verbally abusive. He made inappropriate comments to my friends such as they were poor and they probably have bad parents. In addition, the handcuffs were too tight on the girls and the male officer refuse to loosen them. My friend has visible marks on her wrist a day after the arrest. Does she have a strong case against this male officer and his violation of her rights as stated in the 4th amendment?
3 Answers from Attorneys
Re: Petty Theft
So, they got caught in the act of stealing and you think their rights were violated by being detained and arrested? That's quite an alternate universe. I suspect the DA and court will get a chuckle from that argument.
They should get experienced counsel to make a legitimate presentation of what defenses and facts they may have. It is a minor misdemeanor case, that should not result in much if any jail time, plus fines. Or they could try to negotiate a civil compromise with the store and DA.
Re: Petty Theft
You "had no other options" except petty theft and burglary? The officer was "rude" and "inappropriate"??!? In an Islamic country they would have chopped off your right hand by now. Next time you steal, it's state prison. You need a good lawyer, 'cause a theft conviction means no decent jobs, ever.
Re: Petty Theft
No 4th Amendment violation. The person was caught (literally red handed) with stolen merchandise. Why would you think the arresting officer might suspect there may be more stolen items in the vehicle? If your friend was so concerned, why did they point out their car to the officer?
Unfortunately, the kind of verbal abuse you describe is also not going to be actionable. Sometimes people say mean things...sometimes police say mean things to suspects in custody...sometimes gloom is just gloom and there's nothing that can be done about it.
Kind of the same story for the handcuffs. They're not really designed for comfort, so it really should not be a surprise that they would leave a mark...especially on a young girl's skin.
If you are REALLY concerned about how the officer acted, make a complaint to his captain or watch commander. They'll probably file it in the round cabinet, but it might make you feel a little better.
Tell her not to steal...I'd be willing to wager the store clerk would have let her have what she needed if she explained herself to him.
-I concur with co-counsel...tell her to make a deal with the DA for a lesser included offense.
Scott Linden
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