What is the burden of proving misconduct against a police officer?
California, United States of America
The following excerpt is from People v. Cella, 139 Cal.App.3d 391, 188 Cal.Rptr. 675 (Cal. App. 1983):
6 People v. Coleman, 13 Cal.3d 867, 890-891, footnote 20, 120 Cal.Rptr. 384, 533 P.2d 1024, explains the procedural burdens of the respective parties in this fashion:
"[T]he following propositions may be distilled from the available authority:
"The defendant generally bears the burden of proving that some sort of official misconduct has occurred [citations]....
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