Legal Resouces For California January 14, 2007 12:40 PM
January 16, 2007 3:34 AM
The following are the offices of the FBI for California...
FBI Los Angeles
Suite 1700, FOB
11000 Wilshire Boulevard
Los Angeles, California 90024-3672
(310) 477-6565 FBI Sacramento
4500 Orange Grove Avenue
Sacramento, California 95841-4205
(916) 481-9110 FBI San Diego
Federal Office Building
9797 Aero Drive
San Diego, California 92123-1800
(858) 565-1255 FBI San Francisco
450 Golden Gate Avenue, 13th. Floor
San Francisco, California 94102-9523
Q: Why's the FBI so concerned about public corruption?
Dan: Two main reasons. First, it strikes at the core of what our country's about. Our democracy depends on a healthy, efficient, and ethical government—whether it's in the courtroom or the halls of Congress. Second, public corruption can have a direct impact on national security. For example, in a recent case in Arizona, 26 current and former department of motor vehicles (DMV) employees were indicted for taking cash bribes for fake driver's licenses, ID cards, and even a hazmat license. What if it's a terrorist trying to get one of those licenses? We've also seen bribes paid at our borders to let drugs come into the country. Again, what if a bribe lets a terrorist get through?
Public corruption is one of the FBI’s top investigative priorities—behind only terrorism, espionage, and cyber crimes. Why? Because our democracy and national security depend on a healthy, efficient, and ethical government. Public corruption can impact everything from how well our borders are secured and our neighborhoods protected…to verdicts handed down in courts of law…to the quality of our roads and schools. Here you can find more information on how we investigate cases of corruption across all levels of government and details on our strong national program to address these crimes.
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Police Brutality in California February 17, 2007 9:23 AM
GO TO: Police Brutality | Sonoma County Free Press Home Page | Columns | Features Police Brutality in California
and the North Coast
Editor: Karen SaariHard Questions to Get Answered When There Is A Police Killing
Death at the Hands of Sonoma County Law Enforcement - Again!
The Police Killing of Chila Amaya
The Meaning of Mumia
Charles Vaughn, Jr.'s Hunger Strike in Support of Father Slain By Police
Petaluma Police Hold African American Man at Gunpoint at Lucky's
Stolen Lives - California 1998 - An Index of Atrocities
ABC's 20/20 Takes On the Case of Mumia Abu-Jamal
A N D T H E R E ' S M O R E . . .
Santa Rosa City Council Debates Need for Civilian ReviewThe Deadliest Day: December 27, 1997 - Six Die at the Hands of Police
The Reckless and Callous Mistreatment of Youth California Schools are Partners With Police, Not Parents The Jonesboro/Iraq Connection- Violence Begins At Home Dale Hughes: Suspicious Maneuvers by Police and D.A. Statements of Families and Friends of Those Who Have Died Sonoma County Hearings Create An Uproar! A reader says, "These people had it coming to them" Stolen Lives, North & Central California - 1997 - An Index of Atrocities Police Brutality on the Rise: Case Histories - By Karen Saari Anecdotal Accounts – Readers share tales of police brutality - By Karen Saari Corcoran State Prison: 10 Years of Shootings and Torture On the Lighter Side - Comments from readers
by the Criminal Injustice System
Click here for a great joke! An Open Letter to the U.S. Civil Rights Commission by Mary Moore Seven Dead in 17 Days: North Coast Leads the Bay Area in Police Brutality - By Karen Saari Deputies Pepper Spray Gay Man in His Home - By Lois Pearlman New Information: The Dale Hughes Story - By Karen Saari Learn More About Police Brutality - By Karen Saari
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February 20, 2007 4:25 AM
Executive Officers, Board Members and Chairpersons for various committees for the year
2006-2007. Each member can be reached by the linked E-Mail.
Ventura County DA
646 County Square Drive, Suite 200
Ventura, CA 93003
Colusa County DA
547 Market Street
Colusa, CA 95932
San Joaquin County DA
P.O. Box 990
Stockton, CA 95201
San Bernardino County DA
316 North Mountain View Avenue
San Bernardino, CA 92415-0004
San Francisco County DA
850 Bryant Street, Room #301
San Francisco, CA 94103
Work: (415) 553-1809
Riverside County DA
4075 Main Street, 2nd Floor
Riverside , CA 92501
210 W. Temple St.
Los Angeles, California 90012
Dhali Web Design
Executive Committee Members:
San Diego County DA
330 W. Broadway Ave. Suite 1300
San Diego, CA 92101
Sacramento County DA
901 G Street
Sacramento, CA 95814
Santa Barbara County DA
1112 Santa Barbara Street
Santa Barbara, CA 93101
Work: (805) 568-2359
Orange County DA
401 Civic Center Drive West
P.O. Box 808
Santa Ana, CA 92702-0808
Work: (714) 648-3667
Sacramento County DA
901 G Street
Sacramento, CA 95814
Ex-President George Mueller (left)
and Orange County DA
California District Attorney Investigators’ Association
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P.O. Box 1242
San Bernardino, California 92402
April 14, 2007 7:34 AM
If you have questions or complaints about government, your first step should be to contact the agency or officials most directly involved. Here is a general guide to help you direct your inquiries and complaints to the appropriate place.
Government Agencies / Officials
To contact a city agency, refer to City Government listings in your telephone book or check the city's website. If you have information that may indicate improper governmental activities in a city agency or by a city employee or public official, we suggest that you submit your complaint to the district attorney or grand jury in the county where the action has occurred. The state Attorney General is authorized to undertake the role of a prosecuting officer only in specific cases when the county district attorney is disqualified from the case or when they clearly, without justification, fail to act.
To contact a county agency, refer to County Government listings in your telephone book or check the county's website. If you have information that may indicate improper governmental activities in a city county agency or by a city county employee or public official, we suggest that you submit your complaint to the district attorney or grand jury in the county where the action has occurred. The state Attorney General is authorized to undertake the role of a prosecuting officer only in specific cases when the county district attorney is disqualified from the case or when they clearly, without justification, fail to act.
The Attorney General's Office is frequently unable to represent or assist individuals regarding non-criminal complaints against state agencies because this office is required by law to represent those agencies in disputes arising out of their actions. For assistance in resolving a problem with a state agency, we suggest that you contact the director of the state agency, your elected representatives in the California Legislature, or a private attorney. A complaint alleging criminal conduct by a state public official may be directed to the Attorney General's Criminal Law Division. The complaint must be in writing and must contain detailed information so that an informal decision can be made on what further action may be warranted.
Disputes with federal agencies fall within the jurisdiction of the federal government. For assistance, you can contact your elected member in the U.S. Senate or U.S. House of Representatives. For allegations of fraud involving federal government programs, you may want to contact the U.S. General Accounting Office. For complaints to be acted on, allegations must be clear and specific.
Complaints against a judge or court commissioner should be directed to the Commission on Judicial Performance. The 11-member Commission on Judicial Performance may censure, remove, retire or admonish judges for willful misconduct in office, persistent failure or inability to perform the duties of office, habitual intemperance, conduct prejudicial to the administration of justice that may be detrimental to the judicial office itself, or a disability of a permanent character that seriously interferes with the performance of duties. (Cal. Const., art. VI, §§ 8, 18). Details for filing a complaint are available on the commission's website or contact:
Commission on Judicial Performance 455 Golden Gate Avenue, Suite 14400 San Francisco, California 94102-3660 Phone: (415) 557-1200
If you have a complaint against a police officer or sheriff's deputy, you should first contact the local law enforcement agency. Each law enforcement agency in the state is required by Penal Code section 832.5 to establish a procedure to investigate citizens' complaints. You can obtain a written description of the procedures from the law enforcement agency. If unable to resolve your complaint with the law enforcement agency, contact the district attorney's office or the grand jury in the county that has jurisdiction. If your complaint involves alleged criminal misconduct and the local agencies do not act upon it, you may write to the Attorney General's Office. To be acted upon, your complai
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CONTINUED... April 14, 2007 7:35 AM
complaint must contain specifics on the alleged criminal misconduct. Law Enforcement Complaint Form.
If you have a complaint involving the California Highway Patrol, you should first address the matter to the local CHP office. The California Highway Patrol provides instructions for filing complaints about CHP officers and employees. If your complaint alleges unlawful misconduct and the CHP has not responded within a reasonable time, you may direct a written complaint to the Attorney General's Office. Your complaint should include details of efforts to resolve the matter through the CHP Internal Affairs Division and Commissioner's Office. A complaint that does not contain specific information about alleged criminal misconduct cannot be acted on. Law Enforcement Complaint Form.
California law gives discretionary authority to a locally elected prosecutor in filing criminal actions. In deciding whether to file charges, a district attorney must evaluate the likelihood that a jury, after weighing all the conflicting evidence, would find the defendant guilty "beyond a reasonable doubt." It may not be uncommon for members of the public to differ with the district attorney's determination, but the decision rests with the local prosecutor. The Attorney General's intervention is appropriate only where there is a demonstrated conflict of interest that would disqualify the district attorney from a particular case; or there is an obvious abuse of prosecutorial discretion. The fact that an incident has created strong feelings within the community or the prosecutor's decision may be controversial or unpopular does not provide a basis for intervention by the Attorney General.
Other Government Topics
If you have concerns about possible violations of the state's open meeting laws, you should consult two helpful publications available on the Attorney General's Open Government web page. The "Handy Guide to the Bagley-Keene Open Meeting Act" applies to state government agencies and "The Brown Act, Open Meetings for Local Legislative Bodies" applies to local governments. Open meeting laws typically are enforced by private lawsuit, although a particularly flagrant violation may be subject to misdemeanor action brought by the District Attorney or injunctive, mandatory or declaratory relief action brought by the Attorney General.
California law outlines the public's right to government records, procedures for requesting access and the government agency's rights to withhold certain types of records. Disputes over public access to records may be taken to court under the California Public Records Act. The Attorney General issues a regular publication summarizing the California Public Records Act. You can find the publication and more information on the Attorney General's Open Government web page.
For a summary of California conflicts-of-interest laws and the remedies available, go to the Attorney General's Open Government web page. Complaints about conflicts of interest by state or local government officials in violation of the California Political Reform Act should be directed to the Fair Political Practices Commission. For criminal violations, local district attorneys and the Attorney General have concurrent jurisdiction.
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April 14, 2007 7:37 AM
Chapter 9 - Peace Officer Misconduct or Abuse
A governmental authority, agent or person acting on behalf of a governmental authority is prohibited from engaging in a pattern or practice of conduct by law enforcement officers that deprives any person of rights, privileges, or immunities secured or protected by state or federal law. The Attorney General may bring a civil action for equitable or declaratory relief to eliminate the unlawful pattern or practice. (112)
Penal Code section 832.5 requires each department or agency which employs peace officers to establish a procedure for investigating citizens' complaints against such officers. Each department or agency is required to make available to the public a written description of the procedure it uses. Complaints, reports, or findings must be retained for a period of at least five years.
It is the policy of the California Department of Justice that local government will be primarily responsible for citizen complaints against law enforcement agencies and their employees, and that appropriate local resources (e.g., sheriff or police department, district attorney, citizens' review commission and/or grand jury) be utilized for resolution of such complaints prior to a request for intervention by the Attorney General. All complaints filed with the California Department of Justice will be processed and reviewed by the Attorney General's Public Inquiry Unit to determine whether all local remedies have been exhausted. Complaints meeting this criterion are then forwarded to and reviewed by the Attorney General's Criminal Law Division and Civil Rights Enforcement Section. If the complaint alleges that the local district attorney wrongfully declined to criminally prosecute the officer-involved, the Criminal Law Division may review the matter to determine whether the district attorney abused his or her discretion in declining to bring criminal charges and take whatever other action that the Attorney General may deem appropriate. Complaints that raise alleged patterns or practices of the violation of civil rights by a local law enforcement agency may be reviewed by the Civil Rights Enforcement Section for whatever action that the Attorney General may deem appropriate. You may contact:
California Department of Justice Office of the Attorney General Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244-2550 Telephone (800) 952-5225 Toll Free (in California) (916) 322-3360 (800) 952-5549 Toll Free TTD (in California) (916) 324-5564 TTD
Web Site: http://ag.ca.gov
Civil Code sections 52.3, and 52.1, and the California Constitution, article V, section 13, provide civil remedies under which the California Attorney General may redress patterns or practices.
Penal Code section 13519.4, effective January 1, 2001, prohibits "racial profiling" by law enforcement officers. "Racial profiling" is the practice of detaining a suspect for no reason other than the color of that person's skin or apparent nationality or ethnicity. Racial profiling violates the Due Process and Equal Protection clauses and the prohibition against unlawful searches and seizures embodied in the state and federal constitutions. Every law enforcement officer is required to participate in training on racial and cultural diversity, which includes, but is not limited to, gender and sexual orientation issues.
42 U.S.C. 14141 is the federal law prohibiting any governmental authority, agent, or person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution and laws of the United States. To file a section 14141 complaint, contact:
U.S. Department of Justice Civil Rights Division Special Litigation Section P.O. Box 66400, Washington, D.C. 20035-6400 Telephone: (202) 514-6255 Fax: (202) 514-0212 Web site: http://www.usdoj.gov/crt/split/index.html
In addition, there are other state and federal penal statutes that address peace officer misconduct. Those cases are prosecuted under state statutes by district attorneys and city attorneys, and under federal statutes by U.S. Attorneys and/or the U.S. Department of Justice.
Individuals may also seek other civil and tort remedies under state and federal law. Local and state bar associations may be contacted for private attorney referrals. Contact the California State Bar at:
The State Bar of California San Francisco (Main Office) 180 Howard Stre
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CONTINUED... April 14, 2007 7:37 AM
180 Howard Street San Francisco, CA 94105-1639 Telephone: (415) 538-2000 Los Angeles 1149 South Hill Street Los Angeles, CA 90015-2299 Telephone: (213) 765-1000 Web Site: http://www.calbar.org/
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April 15, 2007 7:44 AM
Justice System Integrity Division
No one is above the law, especially those who are sworn to uphold it. Those who are charged with enforcing the laws of the State of California must themselves scrupulously obey the law. They must lead by example, and that example must be based on principles of honesty, integrity, credibility and accountability.
When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID – with enhanced cooperation from local and federal agencies – provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.
By doing so, JSID deters criminal wrongdoing and helps raise confidence in law enforcement, the courts, and the justice system in general.
Referral Protocol for Outside Agencies Referral Protocol for DDAs (internal)
OIS ProtocolReport on The Officer-Involved Shooting of Anthony Dwayne Lee (Acrobat PDF 1.1 MB)
Matters involving the use of force, especially when death or serious bodily injury occurs, are often the most scrutinized matters involving a peace officer. The community has a right to know whether or not an officer lawfully used deadly force in the application of his or her duties. It is incumbent upon the District Attorney’s Office to investigate officer-involved shootings and deaths that occur while a person is in the custody of a peace officer.
To that end, the District Attorney’s Office has established the District Attorney Response Team (D.A.R.T.). Whenever a law enforcement shooting within the County of Los Angeles injures or fatally wounds a person, an experienced deputy district attorney and a senior investigator respond to the scene and conduct an independent investigation into the matter. The District Attorney’s Office also conducts independent investigations whenever force has been used against a person who is in the custody of a law enforcement officer and it appears that the force may have been the proximate cause of death.
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