Reporting Police Misconduct: Know Your Rights And Responsibilities

Police officers are not above the law and can be punished for committing a crime. If you witness a police officer breaking the law, you can report them to the police or the relevant authorities. In the United States, for instance, you can contact the Federal Bureau of Investigation (FBI) or the Department of Justice Civil Rights Division to file a complaint about police misconduct or a violation of your civil rights. It is important to note that you should not resist arrest or argue with a police officer if you believe they have violated your rights. Instead, remain silent and seek legal advice from a criminal defense attorney.

Reporting police misconduct

Police officers are not above the law and are not given a "free pass" just because they are law enforcement officers. When police officers break the law, they can be punished just like any other citizen. Courts have held police officers accountable for their wrongdoing, misconduct, and illegal acts.

If you witness or are a victim of police abuse or misconduct, you have the right to report it. This article will outline the steps you can take to report police misconduct and abuse.

Steps to take when reporting police misconduct:

• Recordings and witnesses: Evidence of police misconduct in the form of an audio or video recording can be very helpful in proving what happened. If there is no recording, witnesses to the incident may also provide valuable testimony. Other forms of evidence include medical documentation and photographs of any injuries sustained.
• Write down the details: While the incident is fresh in your memory, write down as many details as you can remember. Important details to record include a physical description of the officers involved, their badge and car numbers, the location and time of day of the incident, and a factual statement of what happened, in chronological order.
• Contact the law enforcement agency involved: You can submit your complaint in writing to the chief of police or the head of the law enforcement agency. Be sure to keep a copy of your complaint for your records.
• Send a copy to Internal Affairs: Send a copy of your written complaint to the Internal Affairs Division of the law enforcement agency. Again, be sure to keep a copy for your own records.
• Contact the Federal Bureau of Investigation (FBI): If you wish to file a complaint alleging a violation of criminal law, you can contact the FBI, which is responsible for investigating allegations of criminal deprivations of civil rights. You can also contact the United States Attorney's Office (USAO) in your district.
• Contact the Department of Justice (DOJ): If you believe your civil rights have been violated, you can file a complaint with the Department of Justice. This includes complaints of police brutality, abuse of rights, and discrimination on the basis of race, colour, national origin, religion, sex, or age.

It is important to note that police departments and their internal affairs divisions rarely discipline officers when complaints are made against them. However, by making a complaint, you are documenting the incident, and multiple complaints against an officer may indicate that further supervision, training, or discipline is needed.

Criminal vs civil cases

Police officers are not exempt from the law and can be punished for committing a crime, just like any other person. Police officers have been held accountable for their wrongdoing, misconduct, and illegal acts by the courts and have faced consequences such as prison, probation, and fines.

If you believe that your rights have been violated by a law enforcement officer, you can file a complaint with the Department of Justice (DOJ). The DOJ enforces laws that address police misconduct, which include both criminal and civil statutes. These laws cover the actions of state, county, and local officers, as well as those working in prisons and jails. Federal law enforcement officers are also subject to several laws. These laws protect all persons in the United States, including citizens and non-citizens.

In criminal cases, the DOJ brings a case against the accused person, whereas in civil cases, the DOJ brings the case against a governmental authority or law enforcement agency. The burden of proof is also different in criminal and civil cases. In a criminal case, the evidence must establish proof beyond a reasonable doubt, while in civil cases, the proof must satisfy the lower standard of a "preponderance of the evidence".

Criminal cases aim to punish the wrongdoer for past misconduct through imprisonment or other sanctions. On the other hand, civil cases focus on correcting the policies and practices of the law enforcement agency that fostered the misconduct. Civil cases may also require individual relief for the victim(s). Criminal and civil cases are usually investigated and handled separately, even if they concern the same incident.

Examples of Criminal and Civil Cases Involving Police Misconduct

Criminal statutes that address police misconduct include 18 U.S.C. §§ 241 and 242, which make it a crime for persons acting under the "color of law" to deprive another person of their constitutional or legal rights. "Color of law" refers to the use of power given by a governmental agency. Violations of these laws can result in fines and/or imprisonment.

Civil statutes, such as 34 U.S.C. § 12601, make it unlawful for law enforcement officers to engage in a pattern or practice of conduct that deprives individuals of their constitutional or legal rights. This includes excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches, or arrests. To fall under this law, the misconduct must constitute a "pattern or practice" rather than an isolated incident. Remedies for violations of civil statutes may include orders to end the misconduct and changes in the agency's policies and procedures.

Civil rights violations

Police officers are not above the law and are not given a "free pass" just because they are law enforcement officers. They can be punished for breaking the law, and courts have held them accountable for their wrongdoing, misconduct, and illegal acts.

If you believe that your civil rights have been violated by a police officer, you can file a complaint with the Department of Justice (DOJ). The DOJ enforces laws that address police misconduct and protect individuals from civil rights violations.

• Contact the Civil Rights Division of the Department of Justice: You can submit a report using their online form, or contact them via phone or mail. Provide as many details as possible about the incident, including any relevant information such as dates, times, locations, and the names of the individuals involved. The Civil Rights Division enforces federal laws that protect your civil rights and can help get you to the right place for assistance.
• Reach out to the Federal Bureau of Investigation (FBI): If you have a complaint about police brutality, abuse of your rights by the police, or other criminal activities that constitute civil rights violations, you can contact your local FBI office. They are equipped to handle these types of complaints and can initiate investigations into the matter.
• File a complaint with specific offices within the Department of Justice:
• Civil Rights Division, Criminal Section: Contact this section if you have experienced criminal activities that violate your civil rights.
• Civil Rights Division, Coordination and Review Section: File a complaint with this section if you believe a law enforcement agency receiving DOJ assistance is discriminating based on race, color, national origin, religion, sex, or age.
• Office of Justice Programs, Office for Civil Rights: You can file a complaint with this office if you have experienced discrimination by a law enforcement agency.
• Civil Rights Division, Disability Rights Section: If you have experienced discrimination on the basis of disability by a law enforcement agency, you can send your complaint to this section.
• Seek legal assistance: Consult a criminal defense attorney, especially if you have been charged with a crime as a result of the civil rights violation. The attorney can help uncover police misconduct and build a stronger case for your defense. Most attorneys offer free consultations, so you can discuss your case without any financial obligation.

Remember, it is important to remain calm and comply with the officer during the interaction. Do not resist arrest or argue with the police officer, as this could lead to additional charges and criminal penalties. Instead, invoke your civil rights by remaining silent and asking for a lawyer.

Evidence obtained through illegal means

In the United States, the exclusionary rule is a legal principle that prevents evidence collected or analysed in violation of a defendant's constitutional rights from being used in a court of law. This rule is based on constitutional law and is intended to protect citizens from illegal searches and seizures, as well as providing a remedy and disincentive for criminal prosecution from prosecutors and police who illegally gather evidence. The exclusionary rule applies to all persons within the United States, regardless of citizenship or immigration status.

The exclusionary rule is grounded in the Fourth Amendment, which protects citizens from unreasonable searches and seizures, the Fifth Amendment, which protects against self-incrimination, and the Sixth Amendment, which guarantees the right to counsel. Illegally obtained evidence is generally defined as any evidence collected in violation of these constitutional rights. Examples of illegally obtained evidence include a lack of probable cause, coerced confessions or admissions, and racial profiling.

There are some exceptions to the exclusionary rule, including "attenuation of the taint," "independent source," and "inevitable discovery." Evidence may still be admissible in court if there are intervening factors, such as a significant amount of time passing or actions by the defendant or third parties, that attenuate the connection between the illegal police activity and the discovery of evidence. The "independent source" exception allows evidence to be admitted if it was obtained illegally by police but also obtained legally through another means. The "inevitable discovery" exception states that evidence found due to a constitutional violation is admissible if it would have been inevitably discovered by lawful means.

It is important to note that state laws may have their own exclusionary remedies for illegally obtained evidence, and these may predate federal constitutional guarantees. Additionally, the exclusionary rule does not apply in civil cases, grand jury proceedings, or parole revocation hearings.

If you believe that your rights have been violated by law enforcement and evidence has been obtained illegally, you should consult a criminal defence attorney who can review your case and determine if any of your rights have been infringed. They may be able to argue for the suppression of illegally obtained evidence or negotiate for a reduction or dismissal of charges.

Seeking legal counsel

If you are a victim of police misconduct or have witnessed an officer breaking the law, it is essential to seek legal counsel from a criminal defense attorney. Most attorneys offer a free consultation, so you can understand your rights and the legal options available to you without any financial burden.

When choosing a lawyer, it is important to find someone who is experienced in handling cases of police misconduct and has a strong understanding of your legal rights and the laws surrounding police conduct. They can help you navigate the complex legal system and ensure that your rights are protected.

During your consultation, be sure to provide as much detail as possible about the incident, including any evidence you may have. This can include eyewitness testimonies, video or audio recordings, official reports, or any other relevant information. Your lawyer will review the details of your case and determine the best course of action, which may include filing a complaint or taking legal action against the officer and/or their department.

It is important to act promptly when seeking legal counsel, as there may be time limits for filing complaints or taking legal action. Additionally, it is crucial to follow your lawyer's advice and avoid discussing the details of your case with anyone else. This helps protect the integrity of your case and ensures that your legal rights are preserved.

Remember, you are not alone in seeking justice for police misconduct. Attorneys are there to help you navigate this complex process and ensure that your rights are upheld.

Frequently asked questions