Filing a Complaint Against Police Misconduct

The law and the public hold police officers to a high standard of behavior. Unfortunately, some officers’ conduct falls far below acceptable standards. The process of holding these officers accountable begins with filing a complaint.

This article answers many frequently asked questions about filing police misconduct complaints. Because police misconduct raises complex legal issues, contact a local lawyer after reading this article. 

What Qualifies as Police Misconduct? 

Officers engage in misconduct when their actions do not conform to the relevant guidelines or laws. Examples of police misconduct include: 

• Applying excessive force during arrests
• Committing sexual harassment or assault 
• Engaging in racial profiling
• Filing false reports 
• Intimidating witnesses 
• Lying in court (perjury)
• Planting, mishandling, or tampering with evidence 
• Using unconstitutional methods during searches and arrests 

What Is the Most Common Complaint Against the Police?

The U.S. Department of Justice (DOJ) regularly surveys Americans about their contacts with the police. The most common citizen complaints involve: 

• Bias, slurs, and degrading names 
• Sexual comments and misconduct 
• Shouting and cursing 
• Pushing, kicking, and other types of excessive force 
• Threatened use of force

Who Can File a Complaint Against a Law Enforcement Officer?

Generally, anyone who experiences police misconduct can file a complaint. Usually, there are no age, citizenship, or residency requirements. Those directly affected by police misconduct and those who witness it can file complaints. 

Why Should I File a Police Misconduct Complaint?

There are several reasons to report police misconduct: 

• It triggers an investigation: If a police officer violated your constitutional or civil rights, filing a complaint is the first step toward justice. 
• It can lead to criminal charges: Police misconduct, such as excessive use of force, can lead to criminal charges. Filing a complaint will eventually alert prosecutors to the possibility of a criminal case. 
• It creates a permanent record of officer misbehavior: This information can help law enforcement agencies make informed decisions about their personnel.

Complaints can also give the DOJ and other oversight agencies a better idea of where a police department needs to improve. 

Where Do I File a Complaint Against a Police Officer?

You must file your complaint with the agency that hired the offending officer. During or after your encounter with the officer, please make note of the police department or organization that employs them. 

Regardless of where the officer works, if you believe the conduct violated rights protected by the Constitution or federal law, you should also file a complaint with the DOJ’s Civil Rights Division. 

How Do I File a Complaint Against a Police Officer?

Most police departments’ websites have complaint forms. Some departments also have a hotline that you can call to make a complaint. Others have a dedicated email address for complaints. You can also go to the police station in person. 

Visit the appropriate police department’s webpage. It will tell you your options for filing a complaint. 

What Evidence Should I Put Into My Police Misconduct Complaint?

Most police department complaint forms ask for the following information: 

• Your name 
• Your contact information (address, phone number, etc.) 
• The officer’s name 
• A description of the officer (race, age, height, hair color, etc.) 
• The time of the incident
• Where the incident happened 
• What the officer did 
• The names of any witnesses
• Any photo, video, or audio of the incident

The police officer’s badge number is helpful if you have it, but most departments don’t require it.

Can I File a Police Misconduct Complaint Anonymously?

Maybe. Only a few police departments let members of the public make anonymous complaints. Most departments ask for a name. Some even require a notarized complaint. So, your ability to make an anonymous complaint depends on the department’s policies. 

Who Will Investigate My Police Misconduct Complaint?

After you file a complaint against a local or state police officer, it will go to the department’s internal affairs division. Internal affairs detectives are police officers who investigate other officers in their department.

If your complaint involves a federal law enforcement agency that reports to the DOJ (e.g., the Federal Bureau of Investigation (FBI)), the Office of the Inspector General will investigate. 

Can the Police Punish Me for Filing a Complaint? 

Generally, no. Most internal department regulations, state laws, and federal laws forbid retaliation against private citizens who file police complaints. Your attorney can help you with any questions. 

Can I File a Criminal Complaint Against a Police Officer?

In most places, you can file a criminal complaint against anyone, even a police officer. However, if the internal affairs division believes the officer might have broken the law, your complaint will be referred to the local prosecutor. Your attorney can help you decide which process is best.  

You can file a criminal complaint with the FBI along with your local complaint. You can do this for officers from federal, state, and local law enforcement agencies. 

Get Help Filing a Police Misconduct Complaint

Victims of police misconduct have rights. Filing a complaint is the first step toward protecting those rights. But the road to justice in police misconduct cases can be long and winding. You may need legal advice along the way. If you do, use the LawInfo directory to find an experienced police misconduct lawyer who can help you protect your rights.