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California Police Misconduct Laws 2025 – All You Need to Know

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Sometimes, you may be forced to put a considerable amount of trust into law enforcement officials who are sworn to protect the public good. While many of them certainly accomplish this feat on a daily basis, there are many others who don’t. There are a lot of police officers and other law enforcement officials who abuse their authority and engage in police misconduct. Before pursuing legal action, you should know about the California police misconduct laws.

The legal team at Greg Peacock Law understands how difficult it can be to put together a case for police misconduct, especially if you don’t have an experienced civil rights lawyer on your side. Pursuing legal action against the police can be overwhelming and complicated, as police officers tend to stick together and protect other officers, even from misconduct allegations. You may be reluctant to file a claim out of fear of some sort of retaliation. A lawyer can help you.

What Exactly Is Police Misconduct?

In California, police misconduct refers to the illegal, immoral, or unethical actions that a police officer engages in. Often, this misconduct violates state law, federal law, and the constitutional rights of the public. This sort of behavior is generally not uncommon. For example, there were 96 official community complaints of police misconduct in Santa Ana alone in 2024. In the state, there were over 1,400 officers involved in deadly force incidents in 2023. It happens a lot.

If you have been a victim of police misconduct, you may have suffered a traumatic experience. If you are struggling to deal with your trauma, you may find value in a local mental health support group such as NAMI Orange County, Sensible Care, or others. It can be beneficial to talk to somebody who understands what you are going through because they’ve dealt with it themselves. Your lawyer can recommend additional avenues of help you may benefit from.

California Police Misconduct Laws

California’s police misconduct laws make it illegal for law enforcement officers in the state to engage in certain unethical or immoral behaviors, such as discrimination, racial profiling, excessive force, and constitutional violations. If you ever find yourself a victim of such behavior, you should immediately reach out to an experienced civil rights lawyer who can help you gather evidence for your case. Here are some of the important police misconduct laws in California:

  • 42 U.S. Code § 1983. This section of federal law gives individuals the right to take legal action against individual police officers and entire departments if they violate a person’s civil rights. You may want to consider reaching out to a civil rights lawyer before filing your claim, just to see if your case is strong enough and falls under this law.
  • California Penal Code § 13510.8: This section of the California Penal Code requires law enforcement agencies to actively investigate allegations of serious misconduct by officers of the law. The statute declares that a certified officer’s certification may be revoked if they are found to be unfit or ineligible to be an officer. This section also explains the decertification process and the definitions of serious misconduct.

FAQs

What Is Considered Police Misconduct in California?

In California, any actions by law enforcement officers that encompass unethical or illegal behavior may be considered police misconduct. This behavior includes violating a person’s civil rights, using excessive force, falsely arresting someone, racial profiling, and sexual misconduct. Any abuse of power may also be considered an act of police misconduct. If you are a victim of such behavior, reach out to a civil rights lawyer for help in building a solid case.

What Is Unethical Behavior for a Police Officer?

Police officers are sworn to uphold the law, and they should be held to higher ethical standards than others. Unfortunately, some police officers engage in many unethical behaviors on a daily basis. Some of these behaviors include planting evidence, intimidating a witness, forging police reports, and engaging in police brutality. If you are a victim of unethical, possibly even criminal, behavior, reach out to a lawyer for help.

What Are Some Ways Police Officers Can be Held Accountable?

There are many ways that police officers can be held accountable for their unethical actions. Throughout California, there are countless review boards, disciplinary panels, and internal affairs investigations designed to hold officers accountable for their misconduct. The most effective thing you can do is pursue legal action with a civil rights lawyer’s help. Civil cases can shine a light on police misconduct, make the situation public, and benefit the entire community.

Do I Need a Lawyer to Take on the Police?

Yes, you are going to need a lawyer to take on the police. While it is not required by law to hire a lawyer in this situation, pursuing legal action against the police department can be an uphill struggle with no guarantee of success. As a legal entity, police may use certain immunities or legal protections that can help them evade accountability. The more evidence you have, the better your chances. A good civil rights lawyer can help you gather the necessary proof for your case.

Reach Out to an Experienced Civil Rights Lawyer Today

Thankfully, there are numerous laws in place, both state and federal, that can hold corrupt, negligent, and morally bankrupt police officers accountable for engaging in police misconduct and constitutional violations. The more officers you hold accountable in a court of law, the harder it becomes for people to ignore such actions.

The legal team at Greg Peacock Law knows what’s at stake for you when you decide to pursue legal action against the police. You may end up demonized by them. You may receive threats. It may not be easy to take legal action against such a powerful group, but it’s necessary to ensure the right people are held accountable for their actions and are not able to abuse their power again. Contact us to schedule a consultation with a valued team member today.

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