Arresting Officer Mistakes

The following content was not written by Attorney Richmond and is posted here unedited with the expressed intention of presenting more than one perspective when considering your options. Attorney Richmond may or may not agree with any or all statements made by the author.

By: G. Cantor, La Mesa P.D. Sergeant (Ret)
Generally, we view police as being on our side, but from time to time through errors in judgment, carelessness or sometimes even intentionally, we can find ourselves at odds with them and the justice system. Should this happen it can be overwhelming. It is times like these an attorney can be of great value.

Like everyone else, police officers, deputies and other law enforcement personnel make mistakes. Sometimes it doesn’t make a difference, sometimes these errors can lead to a failure in the prosecution’s case. The average citizen does not readily recognize when there has been an error by the police officer, but it is your attorney’s job to see it. The purpose of this article is to briefly discuss how police officers’ mistakes can happen.

Experience and Attitude:

1. When to Act

When the public sees a police officer, they assume the officer knows everything there is to know about law enforcement. In truth, every officer has a different level of experience. Consequently, an inexperienced officer may fail to take action when he should due to inexperience or overreact out of ignorance.

2. Acting Inappropriately

Different law enforcement agencies have different emphases regarding law enforcement. Sometimes circumstances require officers to act outside their area of expertise. This can lead to officers acting inappropriately or making mistakes in law. This is apparent in traffic violations when the officer is unfamiliar with the Vehicle Code.

3. Laziness

Sometimes problems crop up, not necessarily from inexperience, but because of laziness. Rarely is someone looking over the shoulder of the police officers and deputies when they work. After a long hard shift, many times 10 to 12 hours of work, the last thing any officer wants to see is a situation requiring lengthy reports and overtime. Poor reports, short cuts and sometimes looking the other way can result.

Making Assumptions

4. Assumption of Guilt

A common mistake made by police officers is assuming that what is apparent to them is apparent to everyone. Making this assumption can result in poor, incomplete reports. An officer encountering a drunk driver so intoxicated they can barely stand up, may fail to take the necessary time to fully explain what he sees, assuming that the level of intoxication should be apparent to others reading his reports.

5. Assumption of Knowledge

Most police officers are expected to know the basics of the Vehicle Code and Penal Code, and most police officers believe they do. However, laws are very specific and many times common knowledge of laws is incorrect. An officer who assumes to know the law, at times can mistakenly apply it in error.

Emotional Involvement

6. Personalizing the Situation

Mistakes can occur when officers become emotionally involved. The scene of an accident can bring this about. If someone is injured as the result of a perceived injustice (some evidence of intoxication), the officer may have a greater desire to prove that the accident was due to alcohol, ignoring other possibilities. Whenever children are involved, the potential of personal involvement is greater.

7. Anger, Indignation

Heightened anxiety, from physical confrontations or high speed pursuits, can create an emotionally charged atmosphere where the officer is more likely to react emotionally. Becoming angry or frustrated at perceived failure to respect or understand the officer’s responsibility can lead to “Contempt of Cop” actions by the officer, such as piling on of charges or taking out anger through official actions.

8. Personal Crusade

At times police officers can develop strong feelings regarding certain types of violations. Drinking and driving is this type of violation. The crusader officer can become very aggressive in the pursuit of drunk drivers, making low blood alcohol arrests that other officers would not make.

Failing to Keep an Open Mind

9. Failure to Listen

It is common in most of us that we really do not listen very well. Mostly, we simply wait for the opportunity to continue talking. Police officers are no different. It is not uncommon for someone to tell a police officer exactly what really happened, only to have the officer ignore it because it is not what he either wanted to hear or expected to hear.

10. Spirit vs. Letter

Police officers can develop an “us vs. them” attitude. Due to years of perceived injustices, they may use the law to vent their frustrations on the unsuspecting public. They may apply the law to the letter, either not caring or knowing the difference, but not taking into consideration the spirit of the law.

This list is not all inclusive. The point is we all make mistakes. It is important to be properly represented when facing criminal charges because sometimes the obvious is not always obvious.