Legal Question in Personal Injury in California

Re: Strip search

THE OFFICERS CONDUCT WAS OUTRAGEOUS. THE PROBLEM, HOWEVER, IS PROOF. IT WILL BE YOUR WIFE'S WORD AGAINST THEIRS. WITHOUT ADDITIONAL WITNESSES, I AM AFRAID THAT YOU WOULD LOSE AT TRIAL. ANOTHER WAY WOULD BE TO FILE A COMPLAINT WITH THE WATCH COMMANDER. AN INTERNAL AFFAIRS INVESTIGATION WILL FOLLOW. WHATEVER THE RESULTS, IT WILL GO INTO THE FILE OF EACH OFFICER INVOLVED AND REMAIN THERE. ONE OF MY RECENT CASES, WHILE NOT AS FLAGRANT, WAS INVESTIGATED INTERNALLY AND FOUND TO BE TRUE. WE FILED A CIVIL SUIT THEREAFTER AND THE CITY OF SAN BERNARINO SETTLED. GOOD LUCK.

FIND A GOOD LAWYER IN YOUR AREA AND DISCUSS IT FURTHER WITH HIM OR HER. CALL ME IF YOU NEED MORE HELP.

Re: Strip search

From what I know of the law, a strip search must be done by an officer of the same sex with at least one other office of the same sex observing. From your statement, it seems that these officers did violate the law. Without knowing their given reason for the search, or laws specific to your county, I cannot tell you whether or not this would be worth pursuing in a court of law. One thing I can tell you is any claim concerning the government must be filed within 6 months of the date of the incident. This means that you must file a governmental claim within 6 months. Once you file a claim it will be reviewed by the city or county. They will then decide if they will accept and pay your claim or deny it. In most cases, it is a rubber stamp denial of claim. You will then receive a notice of denial stating that your claim was denied and you have a certain amount of time to file a lawsuit in civil court. Since it is a government agency there are a lot of hoops to jump through. You should consult with an attorney prior to filing any claims to make sure that a claim is worth pursuing and you have a chance at winning in Court. Feel free to email me at [email protected] if you have any additional questions.

Good luck.

John Hayes, Esq.