When California Law Enforcement Violates Your Rights During a Domestic Violence Arrest

The State of California has some of the most stringent laws in the nation for protecting domestic violence victims–and this translates into aggressive policies when it comes to law enforcement. Police officers responding to domestic violence calls are trained to act swiftly and decisively. For instance, under California law, if officers respond to a call and find probable cause that domestic violence has occurred, they are required to make an arrest. This aggressive stance is intended to prevent further harm to the alleged victim, but it also may create situations where the rights of the accused can be violated.

Being arrested on a domestic violence charge is scary and humiliating enough on its own. Still, it can be even more disconcerting if the police, in their haste to enforce the law, have crossed legal boundaries and violated your rights. Such violations can significantly impact your ability to receive a fair trial. Fortunately, the law does work in your favor, and if a good attorney notices that your rights have been violated, this fact becomes a vital part of your defense because it affects the court process when trying your case. 

 

Common Law Enforcement Violations During Domestic Violence Arrests

Illegal Search and Seizure

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. However, in the high-pressure environment of a domestic violence call, law enforcement officers may overstep their bounds. Officers who receive a domestic violence call generally have probable cause to enter your property without a warrant. However, they might also search areas of your property that aren’t in plain view to look for evidence or seize personal items without proper justification.

For example, when law enforcement officers respond to a domestic disturbance, they may enter your home to assess the situation, but they cannot search through your drawers or cabinets without your consent or a specific warrant authorizing such actions. If they do so and discover incriminating evidence, they might attempt to use it against you in court. 

Failure to Read Miranda Rights

When you are taken into custody, it is crucial to understand that law enforcement officers must inform you of your Miranda rights. These rights protect you and include the right to remain silent and the right to an attorney. If the police do not read your Miranda rights before questioning, any statements you make may be considered involuntary and inadmissible in court. 

It is not uncommon for officers to forget or intentionally skip reading these rights, particularly in chaotic situations such as domestic violence arrests. If you find yourself in this situation and are later interrogated, your statements could be wrongly used against you unless your defense attorney calls out the violation and calls for the statements you made to be suppressed.

Coerced Confessions During Interrogation

Interrogations following a domestic violence arrest can be intense, with law enforcement officers using various tactics to elicit a confession. Sometimes, these tactics cross the line to coercion. Coercion can include threats, promises of leniency, or even physical intimidation, all of which are illegal.

A coerced confession is not only a violation of your rights but also unreliable evidence. If you were coerced into confessing to a crime you didn’t commit, your attorney should challenge the validity of the confession in court. By demonstrating that the confession was obtained under duress, your attorney can argue that it should be excluded from evidence.

 

Impact on a Fair Trial

While these violations are largely procedural, they are critical to ensuring a fair trial. When law enforcement violates your rights in this way, it undermines the integrity of the judicial process and jeopardizes your ability to receive a fair trial. Even if you did cross a line into domestic violence, the procedures involved in trying and convicting you are still important because they can hurt the fairness of your verdict and any subsequent penalties. If your rights are violated in the process of arresting and charging you, mitigating factors (such as any exculpatory evidence or the actions taken by the alleged victim) may be ignored, or the judge may be inclined to impose harsher sentencing. Just as importantly, failing to hold law enforcement accountable for these violations can lead to further corruption and more defendants having their rights violated.

How a Skilled California Criminal Defense Attorney Can Help

Because California law is so geared toward protecting the victims of domestic violence (often at the expense of the rights of the accused), navigating the complexities of a domestic violence charge requires a thorough understanding of both state and federal laws, as well as a strategic approach to defense. If your rights were violated in the course of your arrest, a skilled California criminal defense attorney can take appropriate actions to protect your rights, strengthen your defense, and possibly even get the charges dropped. Some steps your attorney may take include:

• Moving to Suppress Evidence: If your attorney can demonstrate that the police obtained evidence at the scene through illegal means—such as an unlawful search or a failure to provide Miranda warnings—this evidence must be excluded from your trial. Without key pieces of evidence, the prosecution may struggle to prove their case beyond a reasonable doubt, increasing the likelihood of an acquittal.

• Motion for Dismissal: In some situations, the cumulative effect of multiple procedural violations may warrant a motion for dismissal. Your attorney can argue that the violations are so severe that they have irreparably compromised your right to a fair trial. If successful, this motion can result in the charges being dismissed entirely.

• Negotiating Plea Agreements: Even if a complete dismissal is not possible, if your attorney believes a plea deal is the best way forward, they can use these violations as leverage to negotiate a more favorable plea agreement. This can result in reduced charges or lighter sentencing, allowing you to avoid the most severe consequences of a domestic violence conviction.

 

If you have been charged with domestic violence in California and believe that your rights were violated during your arrest, your choice of attorney can make a huge difference in the outcome of your case. For experienced legal representation in Los Angeles, contact our office today to schedule a consultation.