Legal Question in Legal Ethics in California

I know in California if a crime/offense is committed at the same time by multiple offenders in the presence of an officer, the officer has to treat every subject the same other wise it is discrimination and or harassment. Where can I find this in written form to use in court against a C.H.P Officer who refused to issue tickets to the other two vehicles after we all pulled over as we were all doing the same speed. His radar caught the first vehicle as we rounded a corner the officer had to wait till I passed so he could perform a u-turn and get in behind us. I was the last vehicle and the first and only person he approached and issued a ticket to.

Michael Thompson

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Asked on 9/05/12, 12:34 pm

1 Answer from Attorneys

1. Legal Ethics and Professional Responsibility is the topic related to lawyer conduct. It has nothing to do with the question you asked.

2. What you think you "know," is not the law. Law enforcement officers have huge discretion in whether and whom to charge with an offense. Unless the discrimination is arbitrary and capricious and/or based on discrimination or harassment against you based on a protected classification, such as race or gender, AND it is part of a pattern and practice of discrimination or harassment, it is not illegal.

3. Even if law enforcement did not have such broad discretion, there is certainly nothing that requires an officer to arrest three offenders before he can charge any of them. By your reasoning if three bank robbers split up running away on foot, and there's only one officer on the scene, he could never arrest anyone for the crime because he could never catch all three.

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Answered on 9/05/12, 1:45 pm


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