Reporting Police Misconduct: Know Your Rights And Responsibilities

Police officers are not above the law. They are duty-bound to obey the law whether they are on-duty or off-duty. When police officers break the law, they can be punished just like any other citizen. Police officers are sent to prison, made to serve probation, and pay fines when they are convicted of criminal acts. However, when an officer commits a crime while on duty, there could be other consequences. For example, if the misconduct results in criminal charges against someone, those charges could be dismissed if the evidence was obtained illegally. If you believe that a police officer has broken the law, you can file a complaint with the federal Department of Justice or the law enforcement department in your location. If you believe your civil rights have been violated, you should make a report with the FBI in your location.

Reporting to the FBI

If you believe your civil rights have been violated by law enforcement, you should make a report with the FBI. The FBI is responsible for investigating allegations of criminal deprivations of civil rights.

Civil rights violations include sexual misconduct, physical assault, failure to intervene, deliberate indifference to a serious risk of harm or medical condition, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, unlawful stops, searches or arrests, and more.

How to Report

To report criminal activities that constitute violations of civil rights, you can contact the FBI by phone or mail.

• By phone: Call your nearest FBI office, listed in the front of your telephone directory under police.
• By mail: Write to the Department of Justice at the following address:

> U.S. Department of Justice Civil Rights Division Criminal Section, PHB 950 Pennsylvania Avenue, NW Washington, DC 20530

What Happens After You Report

The FBI will investigate your allegations of criminal deprivations of civil rights. If the investigation results in criminal charges, these will be brought against the accused person by the DOJ. If the investigation uncovers policies or practices that fostered the misconduct, the DOJ will seek to correct these.

Contacting the Department of Justice

If you wish to report a police officer for breaking the law, you can contact the Department of Justice. The Department of Justice (DOJ) investigates and prosecutes allegations of Constitutional violations by law enforcement officers. The DOJ's investigations often involve the alleged use of excessive force, but they also include sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody.

The DOJ's authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, as long as they are acting, or claiming to act, in their official capacity. The DOJ also prosecutes law enforcement officers for related instances of obstruction of justice, such as attempting to prevent a victim or witness from reporting the misconduct, lying to officials during an investigation, writing a false report, or fabricating evidence.

To file a complaint with the DOJ, you can contact the Federal Bureau of Investigation (FBI), which is responsible for investigating allegations of criminal deprivations of civil rights. The FBI has offices in most major cities and publicly listed phone numbers. You can find your local office by visiting the FBI's website: https://www.fbi.gov/contact-us.

If you wish to report a violation of the Police Misconduct Statute, Title VI, or the OJP Program Statute, you can contact the Justice Department at civilrights.justice.gov.

If you believe you have been subjected to criminal misconduct by a Federal law enforcement officer, such as an officer from Immigration and Customs Enforcement, the FBI, Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Agency, United States Marshals Service, or the Border Patrol, you should follow the procedures outlined on the DOJ's website regarding filing a complaint alleging violations of criminal laws. If you believe you have been subjected to misconduct concerning "Federal Civil Enforcement," you can visit civilrights.justice.gov for more information.

It is important to note that the DOJ does not act as a victim's lawyer and cannot give legal advice. The DOJ will generally inform the victim of the results of the investigation, but individuals may need to seek private legal counsel for further guidance and representation.

Filing a complaint with the Attorney General's Office

If you believe that a law enforcement officer has violated your rights or acted inappropriately, you can file a complaint with the Attorney General's Office. This process can vary depending on your location, but here is a general guide on filing a complaint:

First, it is important to document as much information as possible about the incident. This includes the date, time, and location, as well as the names and badge numbers of the officers involved. It is also crucial to collect any available evidence, such as photographs, videos, witness statements, or medical records, that can support your claim.

Once you have gathered the necessary information, you can submit your complaint. In some places, you can file a complaint with the Attorney General's Office directly. For example, in California, if your complaint is not resolved at the local level, you can escalate it to the county district attorney or the Attorney General's Office for further review. However, in other places, there may be a different process for submitting your complaint. For instance, in Pennsylvania, you can submit a complaint online or by printing out and sending a form to the Office of the Attorney General.

After submitting your complaint, the appropriate office will review it and determine the next steps. In some cases, they may assign an investigator to conduct a thorough investigation into your allegations. If your complaint involves a federal law enforcement agency, it will be investigated by the Office of the Inspector General.

It is worth noting that you have the right to file a complaint anonymously in some jurisdictions. However, this may limit the investigation as it can be challenging for law enforcement to pursue cases without knowing key details. Additionally, if your complaint involves criminal activity that constitutes a violation of civil rights, you should contact the U.S. Department of Justice Civil Rights Division or your local Federal Bureau of Investigation (FBI) office.

Seeking legal advice from a lawyer

If you believe a police officer has broken the law, you may wish to seek legal advice from a lawyer. This is a good idea if you have been directly affected by the officer's actions, or if you have witnessed an incident and are considering filing a complaint or pursuing a lawsuit.

In the US, you have the right to remain silent if you are arrested, and you can ask for a lawyer immediately. If you cannot afford a lawyer, you have the right to a government-appointed one. It is important to remember that you should not say anything, sign anything, or make any decisions without a lawyer. If you are arrested, you also have the right to make a local phone call, and the police cannot listen in if you call a lawyer.

If you are seeking legal advice after an incident with the police, it is a good idea to write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. You should also get the contact information of any witnesses. If you have been injured, seek medical attention and take photographs of your injuries.

When speaking to a lawyer, remember that your conversation is confidential, and they are ethically bound to keep the information you share with them private. They cannot share this information with the police, and if they do so, any evidence obtained in this way will be suppressed.

A lawyer can help you understand your rights, how to protect them, and if needed, argue to suppress any evidence obtained in violation of your rights. They can also advise you on the process of filing a complaint or pursuing legal action.

Documenting evidence and witness information

Recording Evidence:

• It is essential to document evidence thoroughly, accurately, and intelligibly. This includes writing detailed reports and taking photographs.
• Agencies should have clear policies in place that emphasise the importance of recording evidence through video and/or audio means. This helps create a more reliable record compared to handwritten notes or memory.
• Interrogations, witness interviews, eyewitness identification procedures, and other evidence-gathering efforts should be recorded whenever possible, with policies addressing privacy and security concerns for confidential witnesses.
• Evidence should be documented as contemporaneously as possible to minimise the impact of fallible human memory.

Exculpatory and Impeachment Evidence:

• It is crucial to collect and document all exculpatory and impeachment evidence, which includes evidence that can impeach the credibility of witnesses.
• The prosecution team has a responsibility to disclose this evidence to the defence, and failure to do so can result in post-conviction reversals.
• Supreme Court rulings, such as Brady v. Maryland, have established the consequences for egregious failures in the investigative process, emphasising the joint obligation of police and prosecutors to provide exculpatory and impeachment evidence to the defence.

Procedures for Documenting Evidence:

• The ideal method for documenting evidence of live events is through audio and video recording, which has become more accessible with the advent of body cameras.
• Written rules should clearly outline the procedures for using recording devices, including when a recording device may be turned off and how to document the reason for any gaps in the recording.
• The identities of confidential witnesses should be protected during recording, with procedures in place to mask their identities in both audio and video recordings.
• Other evidence-gathering activities that can be recorded include crime scene investigations, eyewitness identification procedures, and witness interviews.

Policy, Training, and Supervision:

• Agencies should reinforce the obligation of law enforcement officers to document and record evidence through comprehensive policies, training, and supervision.
• Policies should set out clear and consistent procedures for documenting, recording, retaining, and preserving evidence, ensuring investigators adhere to legal and ethical obligations.
• Codes of conduct and professional standards should reflect the importance of accurate and complete evidence collection.

Frequently asked questions