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Discuss how the California Civil Code can protect you and your agency in a civil case in which you and your agency are defendants. In preparation for this assignment, read the hypothetical situation found below.
Hypothetical:
You are a Homeland Security professional. Your supervisor has called you into his office this morning. He informed you of a case involving the department and you that occurred two years ago. Your supervisor has advised that you would be represented by the department attorney, as this incident occurred in the course of your normal duties.
The Incident:
Two years ago, you responded to a State of California Military Department (National Guard) Armory in your community. Upon arrival, you noticed three teenagers holding spray cans of black and red paint with graffiti painted on the building. You chased the suspects and apprehended all three. However, you happened to break the leg of one suspect during the chase. All three were charged with vandalism (Malicious Mischief) and Treason as the graffiti condemned the National Guard’s involvement in the “War on Terror.”
Several windows were broken, and other damage was done to the building. The three suspects readily admitted their involvement and resistance to your efforts to handcuff and transport. Your report was well-written, and you utilized a digital camera to record the damage and graffiti with photos, which were later printed out and added to the report. Two National Guard employees witnessed the event and testified during the criminal trial. A video camera in your patrol car recorded your pursuit and the apprehension of the injured suspect. Additionally, a security camera on the building recorded the crime and arrest, and the tapes were moved into evidence. All three suspects were sentenced to 20 years in state prison for this incident and are currently in the local state prison.
You are being charged with “unusual use of force” in breaking the suspect’s leg. Both you and your agency are being sued for $10 million.
Write a one page essay (minimum 250 words, double-spaced), using 12-point Times New Romanfont, with 1″ margins that discusses the following:
- What evidence could be used to prove your innocence?
- What evidence is admissible in court?
- How would you ensure that the evidence was properly collected and given to the defense attorney?
- Prepare a list of witnesses that you feel would be called to your defense.
- Discuss the importance of evidence in this case.
