Q: How Should I Behave When A Police Officer Confronts Me
A: Always remain calm and polite when interacting with a police officer. Dont talk back or get an attitude with them, even if theyre behaving unreasonably. Resisting or fighting will only make the situation worse. In the event of police brutality, note the location, time, and date the incident occurred. Its best if you dont ask for identifying information from the officers, as this could alert them to your intention to file a lawsuit against them.
Hiring A Civil Rights Attorney
What Is A False Arrest
An arrest is an intentional deprivation of someones freedom of movement. That deprivation compels the person to stay or go somewhere, against his will.3
An arrest can be a false arrest if the peace officer had no legal authority to make it. False arrests violate the victims Fourth Amendment rights. They are also known as false imprisonments. They can happen when:
- police make an arrest without a warrant or probable cause, or
- police use an invalid arrest warrant to make an arrest.
Some victims are arrested without a warrant. In these cases, the police officer has to show he or she had probable cause.4 This requires showing there was reasonable cause to believe the person arrested had committed either:
- a felony, or
- any crime in the officers presence.5
Other arrests happen pursuant to a warrant. These can still be false arrests if the warrant was invalid.
Even if the warrant was invalid, though, the arrest can be legal if the officer acted in good faith.6
Police commit misconduct when they use excessive force during an arrest.
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How Do I Complain
You should make a complaint straight to the Police station. This would be the station you want to complain about.
You can complain in the following ways.
- In person at the police station.
- Use an online complaint form. You can complain on your local police website. The form to use is through the below link.www.policeconduct.gov.uk/complaints-and-appeals/make-complaint
Who is the Independent Office for Police Conduct?
The Independent Office for Police Conduct oversees the police complaints system in England and Wales. They also set the standards for how police should handle complaints. They are independent from the police.
If you complain directly to the IOPC they will send your complaint to the police force who you are complaining about. They will not read your complaint. The IPCC will not investigate your complaint at this stage. Let the IOPC know, if you are worried that you or someone you know will be harmed if you make a complaint against the police.
What Is Police Misconduct
Police misconduct is also referred to as police corruption because both involve the violation of police department rules and regulations. Police misconduct sometimes involves law enforcement officers who violate state and federal laws, as well as the civil rights of the citizens they are sworn to protect. Examples of police misconduct include the excessive use of either physical or deadly force, arresting people based on discrimination, physically or verbally harassing people, or being selective with the laws they enforce.
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Reporting Police Misconduct In South Australia
If a person in South Australia has a complaint about the behaviour of a police officer, they can make a complaint to the Office of Public Integrity . A complaint about police misconduct in South Australia should be made when a police officer has acted unlawfully or has been seriously inappropriate or negligent.
Prior to September 2017, complaints against police misconduct in South Australia were handled by the Office of the Police Ombudsman. That office has now closed.
The Office of Public Integrity is responsible to the Independent Commissioner Against Corruption , which is governed by the Independent Commissioner Against Corruption Act 2012. Complaints against police are governed by the Police Complaints and Discipline Act 2016.
Complaints About Police Officers
If you have experienced police misconduct:
- Contact the law enforcement agency involved.
- Submit your complaint in writing to the chief of police or the head of the law enforcement agency involved.
- Send a copy of your complaint to the Internal Affairs Division of the law enforcement agency. Be sure to keep a copy for yourself.
If the problem remains unresolved, learn how to file a complaint with the U.S. Department of Justice’s Civil Rights Division.
Finally, as with any potential legal dispute, you may want to contact a licensed attorney.
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Police Misconduct In Colorado How To Bring A Lawsuit
Police Misconduct in Colorado How to Bring a Lawsuit
Victims of police misconduct, excessive force, or racial profiling in Colorado can file civil rights lawsuits demanding money damages and an injunction to change policing policies. The offending police officers can also be disciplined, fired, decertified, and/or prosecuted for a crime.
The Ccc Deals With Serious Allegations Against Police
The CCC deals with the most serious allegations against police, such as assault/excessive use of force, abuse of the trust placed in them, or failure to perform their duty to the standard expected of them.
Depending on the type of behaviour you describe, their actions may be considered corrupt conduct and/or police misconduct.
Police misconduct is any conduct by a police officer that:
- is disgraceful, improper or unbecoming a police officer, or
- shows unfitness to be or continue as a police officer, or
- does not meet the standard the community reasonably expects of a police officer.
You do not have to know whether the conduct you are describing is corrupt conduct or police misconduct that is for the CCC to decide. You should simply tell us what you saw or heard or believe to have happened.
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Serious Police Misconduct In New South Wales
The PIC was set up to investigate the most serious forms of police misconduct and corruption. It can also investigate misconduct by civilian officers employed by the NSWPF and by officers of the NSW Crime Commission. It is an independent agency, and can decide which cases it investigates.
Anyone can report police misconduct to the PIC and it can be done anonymously. If not done anonymously, the PIC will advise you of what is happening in regard to the complaint.
Complaints can be made online or in writing to GPO Box 3880 Sydney NSW 2001 9321 6799). The PIC looks for evidence that police are involved in or may have been involved in:
- accepting or soliciting bribes
- perverting the course of justice
- serious assaults
- cultivating, manufacturing, or supplying prohibited drugs
- crimes with a minimum penalty of 5 years imprisonment.
Civil Lawsuits: Section 1983
Under the Civil Rights Act of 1871, a victim of police misconduct involving a violation of the person’s civil rights can sue the offending officer and the department that employed the officer. Often referred to as a Section 1983 lawsuit , this civil action permits victims to seek money damages for their injuries. The law is meant to deter police misconduct and encourage departments to provide robust training for officers.
However, not all victims recover damages. Victims face a sometimes insurmountable hurdle called “qualified immunity.” Qualified immunity lets officers off the hook for civil liability unless the officer violated a “clearly established” right. The doctrine of qualified immunity is meant to protect officers from liability when they must make quick decisions that are reasonable but end up being flawed. But critics argue that it’s nearly impossible for victims to meet the standard, and as a result, qualified immunity provides an absolute shield for officers’ misconduct.
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If You Think This Is Important Journalism Please Support Us
No one is in a position to assess whether an officer candidate can do the job well and the way that we expect the job to be done better than the officers former employer, Stoughton said.
Officers are public servants. They police in our name,” he said. There is a “strong public interest in identifying how officers are using their public authority.
Dan Hils, president of the Cincinnati Police Departments branch of the Fraternal Order of Policemen union, said people should consider there are more than 750,000 law enforcement officers in the country when looking at individual misconduct data.
The scrutiny is way tighter on police officers than most folks, and thats why sometimes you see high numbers of misconduct cases, Hils said. But I believe that policemen tend to be more honest and more trustworthy than the average citizen.
Hils said he has no issue with USA TODAY publishing public records of conduct, saying it is the news medias right and responsibility to investigate police and the authority of government. Youre supposed to be a watchdog.
The bulk of the records USA TODAY has published are logs of about 30,000 people banned from the profession by state regulators.
For years, a private police organization has assembled such a list from more than 40 states and encourages police agencies to screen new hires. The list is kept secret from anyone outside law enforcement.
When Does The Independent Office For Police Conduct Investigate A Complaint
The Independent Office for Police Conduct investigates the most serious complaints against the police. Such as:
- death,
- serious injury, or
- claims that officers have done something wrong.
Your police force must pass your complaint to the IOPC if you have made a serious complaint about the police. Your police force must also pass information to the IOPC about serious concerns, even if you havent made a complaint.
The IOPC has different levels of investigation. How they investigate will depend on how complicated or serious your complaint is.
For more information about the IPOC please see the previous section.
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Time Frame Of Investigations
The scope of the investigation will be determined by the seriousness of the allegation and by the number of persons involved. Investigations may take several weeks depending on the complexity of the case. Investigators make every attempt to conduct personal interviews with complainants, witnesses, or employees while conducting the investigation. A criminal investigation may require the cooperation of federal or state prosecutors. The Illinois State Police will not arbitrarily delay an investigation.
Can Anyone Help Me To Complain
A friend or relative can help you to complain.
If you are in prison, you could ask your Personal Officer, another member of prison staff or another inmate for help.
Advocacy
There may be community advocacy services that can help you to make a complaint. They are sometimes called generic advocates. But they wont exist in all areas of England.
Advocacy services are independent to the police. They should be free to use.
If you cant find an advocate to help you, talk to the police. If you have extra needs because of your mental illness or anther disability the police might need to help you find an advocate. If they do not do this they might be discriminating against you.
You can find more information about Discrimination by clicking here.
How do I find an advocacy service?
- Use an internet search engine. Use search terms like advocacy Leicestershire or community mental health advocacy Devon.
- Ask a support worker or key worker, if you have one.
- Ask a friend or family member to help you.
Member of Parliament
You could ask your local MP to help you make a complaint.
You can find out who your local MP is by going to the website
Or you can contact the House of Commons Information Office on 020 7219 4272.
Citizens Advice
Your local Citizens Advice may be able to help you complain.
You can find your local office at www.citizensadvice.org.uk/ or call 08444 111 444.
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File A Restraining Order
If you’re in an emergency situation, call 911.
If you’ve been a victim of domestic abuse and want to take legal action, you may be able to file for a protective order. Protective orders are also known as restraining orders or injunctions.
The process for obtaining a protective order differs from state-to-state. Your local police and court can help you get the process started. Contact your state, county, or municipal court for more information.
Generally, you have to fill out paperwork and submit it to the county courthouse. If you need protection right away, a judge may issue a temporary restraining order. To get a longer-term order, your judge may require a full court hearing and/or your abuser’s presence.
A protective order can be enforced by police. If necessary, the order can include special provisions like:
-
Custody of children
-
Forcing the abuser to leave a home
In some states, a protective order requires the abuser to surrender all firearms.
What Is A Bivens Lawsuit
A Bivens lawsuit is a civil rights lawsuit for money damages that is filed against a federal official. It is very similar to a Section 1983 claim. Unlike 1983 claims, though, Bivens lawsuits can be filed against federal actors like:
- narcotics officers at the federal Drug Enforcement Agency, or DEA,16 or
- FBI agents.
Also unlike 1983 claims, Bivens claims cannot be filed against entities like:
- Department of Justice ,
- Immigration and Customs Enforcement , and
- Federal Deposit Insurance Corporation .17
Like 1983 claims, though, defendants can claim qualified immunity for their actions.
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Types Of Police Misconduct
There are numerous types of police misconduct that officers can engage in, and they do not have to be on the job in order to be guilty of misconduct. Some examples of police misconduct include:
Other types of police misconduct include:
- Using a police badge to gain entry into events, take advantage of discounts, etc.
- Taking drugs or drinking alcohol while on duty
How Do I Report Police Misconduct
If you feel that police have violated your rights, or youve witnessed police misconduct against someone else, do not panic. Its normal to feel intimidated. But responding to misconduct is an essential step towards protecting yourself and your community from future police abuse.
There are several steps to the process of combating police misconduct. You must approach them in a calm and organized manner.
Step 1: Write everything down
This step is extremely important and must be done as soon as possible after the incident. Its easy to forget small details over time, and theres no way to know which facts will make a difference later on.
In your own words describe everything that happened from the very start of the police encounter to the end. When quoting yourself or the officer try to use exact words. Be specific about the location, time of day, etc. Replay the events slowly in your head to help remember as many details as possible.
Also include witness names and contact information and the officers names, physical descriptions, car number, and badge numbers. If necessary, return to the scene of the incident to talk to possible witnesses. This might also help jog your memory about other important details.
Only include facts that youre sure about. Be very careful to avoid inaccuracies. These can easily damage your credibility and undermine your important work.
Step 2: Consult with an attorney
This step is essential if you were arrested following the incident.
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What Is Unlawful Detention
An unlawful detention is a police stop that violates the victims Fourth Amendment rights.
Some detentions are more intrusive and controlling than others. The more intrusive the detention, the more certain a police officer has to be that the suspect committed a crime. In order of intrusiveness, there are 3 types of police encounters:
Detentions can be unlawful if they violate the victims rights. This can happen if:
- the detention was unreasonable long in duration,2
- there was no probable cause for an arrest,
- the police officer could not have had a reasonable suspicion of a crime when they detained the victim,
- excessive force was used during the detention, or
- the arrest warrant was invalid and the officer knew it.