Expert: Jack Toomey - 2/22/2004

Question
Sir,

Could you please tell me what is involved in an assault investigation?  And who decides if an arrest will take place?  Why arn't policeman, even if they did actually assault someone,ever arrested?  What kind of proof would you need besides a witness?

Answer
Hello Diane,

   The answer to most of your questions depends on the law in your state.  The laws in every state are different.  I don't know if you are talking about a serious assault such as a shooting or a simple case of assault where someone slaps the other.  But generally the police interview the witness and if the witness knows the suspect then in the case of a misdemeanor the victim is advised of their right to obtain a warrant against the suspect since the offense did not take place in the presence of a police officer.  If it is a felony, in most states, the officer can obtain the charging document.  There is no other proof needed except the testimony of the witness to arrest the suspect.

  I am puzzle by your question in the middle.  Very rarely do police officers "assault" people.  Police officers might be rough and handle suspects with force but that does not make it an assault.  In order to commit assault the suspect must have some criminal intent beforehand and I don't think that happens very much.  But police officers do get charged with assault.  We have just seen two trials in California where an officer was accused of assaulting a young motorist and the whole thing was on video tape.  The jury could not reach a decision.  The officers in the Rodney King were charged with assault but aquitted by the jury.  In my state an officer was recentely charged with assault during an encounter with a motorist.  So it is not true that police officers never get charged with assault.