Can a motion of no confidence in the conduct of a police officer be brought before the officer arrived at the scene of the incident be denied?

MultiRegion, United States of America

The following excerpt is from Gonzalez-Chavez v. City of Bakersfield, Case No.: 1:12-cv-02053 JLT (E.D. Cal. 2015):

Officers' conduct is evaluated from the perspective of a reasonable officer on the scene regardless of the actual motivation of the particular officers. Graham v. Connor, 490 U.S. 386, 397 (1989). Thus, if an officer reasonably would have known about events that occurred before the officer arrived at the scene, the evidence may be introduced. Thus, to this extent the motion is DENIED and the officers may testify as to all of the information that would have been reasonably known to an officer on the scene.

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