Legal Question in Criminal Law in California

Minor Arrested

Does a police officer has the right to talk to another officer about breaking the suspect's fingers while at arrest, and the suspect being a minor?


Asked on 6/28/08, 1:23 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Minor Arrested

Whether "an officer has a right to talk to another officer about breaking a minor suspect's fingers" depends on the context.

If the officers are talking about something planned to happen in the future, for example, "Hey Guido! Let's go out and break some fingers of some juvies!" this might be an invitation to form a criminal conspiracy.

If it were just "Did you hear that punk's finger bones snap, wasn't that just the coolest thing since glazed Krispy Kreme doughnuts, Bob?" this would be a mere expression of opinion protected by the First Amendment.

Of course, evidence that police officers conversed or bragged about their having used excessive force on a suspect could be used in court to hold the officers civilly and/or criminally liable.

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Answered on 6/28/08, 1:36 am
Daniel J. Mangan III JuryTrialJustice

Re: Minor Arrested

"can they talk" about the break...of course..should they talk...perhaps not if sinister motives at work. The interesting part is what's said...and if anyone will admit saying it...question is intriguing but not enough info to be sure. Speculation... that they talked about a "story" to explain the injury (excessive force) ??? Bragged about it ????

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Answered on 6/28/08, 6:05 pm


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