Falsely Accusing Police Not a Crime, Court Rules

Laws making it a crime to bring false accusations against a peace officer are unconstitutional because they represent a selective prohibition that inhibits free expression, a state appeals court in Los Angeles ruled Tuesday.

The 2nd District Court of Appeal’s ruling speaks directly to California Penal Code sections 148.5, filing a false report of a criminal offense, and 148.6a1, knowingly filing a false charge of police misconduct.

Shaun Stanistreet and Barbara Joyce Atkinson were convicted in 1998 of the two misdemeanor counts after they accused an Oxnard police officer of lewd conduct at a gathering of at-risk youth attending a Police Activities League meeting. The accusation was proved false.

In overturning the convictions on a 3-0 vote, the appeals court panel ruled that Ventura County prosecutors did not establish “that officers lack effective means to rebut groundless complaints.” Ventura County Deputy Dist. Atty. Michael Schwartz said prosecutors plan to appeal to the state Supreme Court.