Legal Question in Criminal Law in California

My 11 and 13 yr old sons were stopped by a police officer 2 days ago. The officer wanted to search my sons and their backpacks. My sons calmly stated to the officer that he doesn't have their consent, or their parents consent, to search them or their backpacks. The officer threatened that if he took them down to juvinile hall, he could then do what ever he wanted to them. My sons, again, told the officer that he doesn't have their, or their parents consent. The officer then had my 11yr old cross his feet and his arms and took his backpack off his back. My son asked for his backpack back. The officer then grabbed my son, by his throat, and began choking him (while his feet and hands were still crossed). The officer then took my 13 yr olds backpack and searched it. He then threw the backpack into my 13yr olds face. The officer then searched my 11yr olds backpack and proceeded to throw it into the gutter. My question is what can I do about the way this officer treated my sons? This was blatent assault and battery of 2 minors. There is also a bruise on my sons neck from where the officer grabbed and choked him.


Asked on 8/22/09, 2:57 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Your children behaved exactly as the California State Bar advises them to in the free booklet Kids and the Law: An A-to-Z Guide for Parents. Children (and adults) are free to respectfully decline an officer's request to search their person or property, but should never physically resist.

Take pictures of your child immediately. You may even want to take him to his doctor so there is an independent witness of the injury.

I would start by making a report to the Police Department. They should have a formal complaint process. You could also contact the state Attorney General.

You may want to explore the possibility of a civil rights lawsuit. This is a long, expensive process but some attorneys will take cases on a contingent fee basis, where you don't pay fees unless you recover money, if the case is strong enough. In most cases, you will have to file a claim with the city before you can proceed with a lawsuit. The deadline to file the claim is often much shorter than the deadline to file a lawsuit, so you should look for a lawyer right away.

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Answered on 8/22/09, 3:19 pm


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