Can minors who were escorting out of a fair when the police failed to properly investigate their conduct have the burden of proving that the police were acting lawfully?

California, United States of America


The following excerpt is from In re V. M., C076238 (Cal. App. 2015):

This contention focuses too narrowly on only one function of police -- investigating criminal activity. But the police's function is not limited to investigating criminal activity. Rather, it also includes things such as "crowd control or public safety," which are "not the kind of [things] that involve[] suspicion, or lack of suspicion, of the relevant individual." (Illinois v. Lidster (2004) 540 U.S. 419, 424-425 [157 L.Ed.2d 843, 851].) Here, the minors were part of the 18 to 20 teenagers who police were escorting out of the fair. As appellants, the minors have the burden of showing insufficient evidence that the police were acting lawfully. Because they have focused too narrowly on only one aspect of a police officer's duty, without showing that there was no legitimate basis on which the officers were performing their other duties (such as crowd control or public safety), the minors have not carried their burden to show insufficient evidence.

Other Questions


What is the case law in which a defendant has been found to be in breach of the law by failing to comply with the common law code of conduct? (California, United States of America)
Are there any cases law or rules of professional conduct or case law or professional conduct that support an arbitrator's finding that an attorney fee is reasonable? (California, United States of America)
Can a police officer with special training and experience fail to investigate conduct suggestive of criminal activity? (California, United States of America)
Is a police officer permitted to conduct a criminal investigation into an allegation of sexual assault against a minor? (California, United States of America)
Can a police department be held liable for failing to investigate properly? (California, United States of America)
Is a minor entitled to sue for damages against an adult who failed to act on behalf of the minor? (California, United States of America)
What is the test for interpretation of section 830.33 of the California Statutory Code of Civil Procedure on the grounds that a police officer's primary duty is if the police enforce the law against a minor offender? (California, United States of America)
What is the scope of section 5 of the California Charter City Act, section 5, subdivision (b) of the Act, allowing a city police force to appoint its own police officers? (California, United States of America)
What is the burden on the Person to prove that they committed an act of sexual assault against a minor? (California, United States of America)
What is the test for a minor who alleges that the prosecution failed to prove that he acted maliciously in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.