Irvine police shot a man while they were serving him a search warrant at his apartment complex located on the 1100 block of Crested Bird. Officers arrived at the complex around 10:40 this morning to serve the search warrant because they were investigating the man for alleged lewd conduct involving a child.
A witness to the shooting said that shots were being fired for about ten minutes before they stopped. Fire was only ceased when the suspect was shot by an officer. According to authorities, the suspect is alert and currently being treated in the hospital. Police also found two handguns at the scene.
As with any officer-involved shooting, the incident is currently being investigated. The Irvine Police Department will determine if the officers were justified in shooting the suspect. Investigations can involve giving the shooting officer at least three days leave and treating them for possible posttraumatic stress disorder (PTSD).
In order for the shooting to be justified, the Irvine Police Department must be able to show that the officers only began shooting out of either self-defense or because of the suspect's failed compliance to their requests. The authorities did indicate that the man was under arrest at the time. If someone is suspected of a criminal act, they are only required to comply with police orders if they are being detained or are under arrest.
Lewd acts involving a child is a crime per the California penal code § 288. It involves sexual touching or fondling of a minor under the age of 14. Imprisonment for up to eight years can ensue after a felony conviction of this nature. Penalties are different for lewd acts involving minors aged 15 to 17. Another penalty upon being convicted of lewd acts involving a child is lifetime sex offender registration (Tier III offender).
Lewd acts with children is a common false allegation as children may not understand the difference between appropriate and inappropriate behavior. False allegations of this nature can also arise out of legitimate parental concern. If you have been accused of a lewd act involving a minor or a related felony sex offense, please do not hesitate to contact this firm. The Law Office of Barney B. Gibbs has more than 30 years of experience dealing with criminal cases in the Orange County court system.
Unlawful police searches and related police misconduct could potentially serve as a defense in your case. To learn more about possible defenses against sex crime allegations and how this firm can specifically help with your case, call today for a free consultation.