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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience:  30 years legal experience
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Do Oakland PD cops ever have the right to contact your employer

Customer Question

Do Oakland PD cops ever have the right to contact your employer after they have arrested you, and tell them they arrested you? for any offense? in this case it was for alleged sales of marijuana, dime bags, and the cops called the defandant's employer and advised them of her arrest; she was fired from her job this morning. Being a former SJPD cop, I have never heard of this practice, and I know I would have been fired if I ever did such a thing while I was a cop.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your dilemma.

While there may be departmental policy prohibiting an Oakland police officer from informing a suspects employer of an arrest, there is nothing contained in the laws of the State of California which would generally prohibit such communication.

However, whether there has been a violation of your clients privacy rights is an entirely different matter, and under California law it appears as though she has a meritorious claim for Intentional Infliction of Emotional Distress, Invasion of Privacy, and potentially a 42 U.S.C §1983 action for violation of her civil rights.

On the basis of a violation based on 42 U.S.C §1983, there is in deed a good reason to submit a complaint to IA as well.

I wish you and your client the best in 2010.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you. Good information for us to follow-up on here locally. We have a couple of local lawyers in mind, we just needed to know if we had something to proceed on, and you gave us the answer we needed. Good work!
Expert:  LawTalk replied 4 years ago.
My pleasure.

Best of luck to both you and your client.

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