Public Safety Committee Complaint 11-6 - Photo Line-up

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The Grand Jury recommends closer review of reports for clarity by the Sheriff’s supervisory personnel. (F1, F2) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: • County Sheriff (60 days) Public Safety Committee 2010-2011 Lake County Civil Grand Jury Complaint 11-7 Citizen’s Arrest Summary: The Grand Jury received a complaint in which the complainant states that a Lake County law enforcement agency refused to take his report of a criminal act. Background: The complainant stated he went to a law enforcement agency and requested to file a report of a criminal act. The alleged criminal act had occurred more than two years prior and involved a case that had already been adjudicated. The complainant was informed that the case was no longer within the purview of the law enforcement agency and he was referred to the District Attorney’s office. Procedure: The Public Safety Committee interviewed the complainant and two of the involved peace officers. Committee members heard sworn testimony from and made many telephone contacts with the complainant. Over fifty pages of documents were reviewed. Discussion and Facts: A citizen filed a citizen‘s arrest demand on the complainant, asserting threats on her life by this complainant. In response to this citizen’s demand, the law enforcement agency executed the arrest of the complainant. The complainant pled guilty to the charge of Disturbing the Peace and completed one year probation. Following probation, the complainant petitioned the Court for an Order for Expungement which was granted. 1. The law enforcement agency had executed a citizen’s arrest. 2. The complainant maintained that the complainant had been the victim of false arrest by the law enforcement agency - claiming the charges were dismissed. 3. After expungement, the complainant attempted to file a report that the alleged facts leading to arrest were untrue. 4. Since the adjudicated case was no longer in the law enforcement’s purview, law enforcement referred the complainant to the District Attorney. Public Safety Committee 2010-2011 Lake County Civil Grand Jury 5. After being referred to the District Attorney, the complainant told the committee that the complainant decided not to go to the District Attorney and instead filed a complaint with the Grand Jury. Findings:

R1

The Grand Jury recommends closer review of reports for clarity by the Sheriff’s supervisory personnel. (F1, F2) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: • County Sheriff (60 days) Public Safety Committee 2010-2011 Lake County Civil Grand Jury Complaint 11-7 Citizen’s Arrest Summary: The Grand Jury received a complaint in which the complainant states that a Lake County law enforcement agency refused to take his report of a criminal act. Background: The complainant stated he went to a law enforcement agency and requested to file a report of a criminal act. The alleged criminal act had occurred more than two years prior and involved a case that had already been adjudicated. The complainant was informed that the case was no longer within the purview of the law enforcement agency and he was referred to the District Attorney’s office. Procedure: The Public Safety Committee interviewed the complainant and two of the involved peace officers. Committee members heard sworn testimony from and made many telephone contacts with the complainant. Over fifty pages of documents were reviewed. Discussion and Facts: A citizen filed a citizen‘s arrest demand on the complainant, asserting threats on her life by this complainant. In response to this citizen’s demand, the law enforcement agency executed the arrest of the complainant. The complainant pled guilty to the charge of Disturbing the Peace and completed one year probation. Following probation, the complainant petitioned the Court for an Order for Expungement which was granted. 1. The law enforcement agency had executed a citizen’s arrest. 2. The complainant maintained that the complainant had been the victim of false arrest by the law enforcement agency - claiming the charges were dismissed. 3. After expungement, the complainant attempted to file a report that the alleged facts leading to arrest were untrue. 4. Since the adjudicated case was no longer in the law enforcement’s purview, law enforcement referred the complainant to the District Attorney. Public Safety Committee 2010-2011 Lake County Civil Grand Jury 5. After being referred to the District Attorney, the complainant told the committee that the complainant decided not to go to the District Attorney and instead filed a complaint with the Grand Jury. Findings: