How To Stop Police Harassment And Abuse
First step in stopping harassment is to know your civil rights. It is easy to be coerced into believing the wrong thing when it comes from law enforcement who is supposed to be protecting you. After knowing your civil rights have been violated, you need to report your claim to the police department. Make sure you document everything to do with your claim as well as any future encounters with law enforcement. If no changes happen after this report is filed, then file a second complaint. Lastly, contact your attorney and if he feels you have a viable claim he will file a lawsuit.
Method : Make Reports To Non
If your , , etc make reports to all of these entities. Be sure to save the evidence of the reports you have made. You can also go to the FBI division of online crimes and submit all of your information if it involves threats. The FBI for Cybercrime will NOT handle / investigate the claims, but they will review it and determine where the information should be sent .
What Constitutes Harassment From A Neighbor And How To Stop It
Have you been having problems with your neighbor? Do you feel harassed by your neighbor? If so, you are not alone in this fightaccording to a study by the Bureau of Justice Statistics, 13.5% of the participants reported neighbor harassment. The good news is that there are ways to put an end to this issue and get back to your life in peace and tranquility.
To be able to take action against offensive behavior of this or any other kind, for a start, you should know what exactly constitutes that specific form of harassment. We are here to point to even the smallest signs of neighbor harassment that you should be on alert for, as well as suggest some of the most efficient solutions.
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How To Reduce Risk To Yourself
- Stop the car in a safe place as quickly as possible.
- Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel. If youre in the passenger seat, put your hands on the dashboard.
- Upon request, show police your drivers license, registration, and proof of insurance.
- Avoid making sudden movements, and keep your hands where the officer can see them.
What To Do If You Are Arrested Or Detained
- Say you wish to remain silent and ask for a lawyer immediately. Dont give any explanations or excuses. Dont say anything, sign anything, or make any decisions without a lawyer.
- If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.
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What To Do To Make The Police Investigate Your Harassment Complaint And For Your Harasser To Be Convicted
The police in England are likely to decline your initial request to investigate online harassment. This is because the police are lacking the financial and the human resources to investigate harassment on the internet. There is simply too much of it and investigating appears in most cases to be a complex matter.
Civil Lawsuits: Structural Reform
In some municipalities, civil rights lawsuits have resulted in findings of patterns of misconduct by officers. Where a department exhibits a pattern of violating the civil rights of citizens through the misconduct of its officers, state or federal courts may order relief in the form of structural reforms to the department, including changes to department policies, practices, training requirements, data collection, and internal review systems.
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The Due Process Of Law
An example of a due process violation is when the police arbitrarily stop, detain, or demand information from a citizen when no crime is being committed, and with no apparent evidence that a crime may be committed. In these situations, if a citizen is stopped by police but not detained or arrested for a crime, they are not required to answer officer questions and are lawfully free to leave an interrogation.
Further, Title VI of the 1964 Civil Rights Act made illegal use of public funds to discriminate based on race, color, and national origin. So, when an American citizen has been unlawfully stopped or detained by police whose salaries are paid by citizens tax dollars, its referred to as racial profiling and is a violation of Title VI.
This type of conduct by police also violates a citizens Constitutional due process rights and is considered harassment. In addition to the above types of conduct, police harassment includes illegal detention racial and ethnic profiling making racist, sexist, and homophobic remarks illegal surveillance and spying and illegal search and seizure of property.
All United States people, regardless of immigration or citizenship status, have rights should they be stopped or detained by police, that include the following protections by the U.S. Constitutions 4th, 5th, and 6th Amendments:
Examples Of Police Misconduct
Reports of police misconduct have become common in the news. Most often when we hear about police misconduct, it’s due to instances of excessive use of force, brutality, corruption, coercive interrogations, witness tampering, or racial profiling. These actions can result in physical harm or death, false imprisonment, and violation of constitutional rights.
But the range of actions that constitute misconduct is much broader, including filing false reports, unlawfully destroying property, and misusing or stealing of seized property, money, or drugs. Misconduct can also include off-duty violence or unlawful acts.
In addition to individual harm, acts of police misconduct risk societal harm by threatening the administration of justice and eroding the trust between the police institution and citizens.
Overcome Harassment & Mental Trauma
In certain instances of traffic police encounters, the severity of mental health outcomes partially depends on how the individuals evaluate their experiences with the police. It is found that when a person perceives traffic police encounters as respectful, fair, and ethical, not as harassment, they experience less anxiety and trauma. However, one should prevent themselves from indulging in illegal or criminal activities and try to perceive police actions as a lesson if any encounter happens.
Harassment Example In Cyberbullying
In 2006, 46-year old Lori Drew thought that 13-year old Megan Meier, who lived down the block, was saying mean things, and spreading false rumors about her daughter, Sarah. The woman, with the help of her daughter and an employee, created a fake MySpace account in the name of a fictional 16-year old boy named Josh Evans. Over the course of months, Josh frequently contacted Megan, flirting with her.
After Megan developed what she thought was some type of relationship with Josh, he sent a message to her saying that she was a bad person, and everyone hated her. He told her the world would be a better place without you. Two days later, Megan hanged herself in her bedroom closet.
The world was shocked, as this incident brought the issue of harassment and cyberbullying to the forefront of Americans thoughts. The district attorney attempted to prosecute Lori Drew for causing the girls suicide, but there were no laws protecting people against attacks coming over electronic media. The prosecution charged Drew with several counts related to her use of computers and the Internet to harass the young girl. The jury found Drew guilty only of one count of violating the Computer Fraud and Abuse Act .
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What Can You Do About It
If youve experienced this kind of harassment you can contact your local authority and they can take action against your landlord. You can also can contact the police.
If youre harassed by your landlord you may need advice from an experienced adviser – for example, at a Citizens Advice local office.
Other Steps You Can Take To Curb Online Harassment
Fortunately, in most cases online harassment is not likely to lead to actual violence. Most of the time the person or people engaging in harassment are bullies looking for a response. In this kind of a case your best response is no response.
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How Do I Report Police Harassment
If you would like to file a complaint alleging a violation of the criminal laws discussed above, you may contact the Federal Bureau of Investigation , which is responsible for investigating allegations of criminal deprivations of civil rights.
But What Actually Counts As Police Harassment
Police harassment is different to police misconduct as it refers to an officer continuously stopping, aggressively questioning or searching someone, without proper legal grounds to do so. Here are some more forms of police harassment:
- Using excessive force
- Making comments of a racist, homophobic or sexist nature
- Doing illegal surveillance on someone
- Holding someone against their will
This list is by no means exhaustive. Police harassment is an umbrella term that encompasses lots of different types of harassment and misconduct.
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When Is It Harassment By A Landlord
The criminal offence of harassment is when your landlord, or anyone acting on their behalf – for example, an estate agent – does something deliberately that interferes with the enjoyment of your home and is intended to make you leave, or take away your rights.
Examples of harassment include:
- interfering with or cutting off services, like water, gas or electricity
- visiting your home regularly without warning, especially at night
- using threatening behaviour or being physically violent
Examples Of What Does Not Constitute Harassment
- Normal exercise of managements right to manage such as the day-to-day management of operations, performance at work or absenteeism, the assignment of tasks, reference checks, and the application of progressive discipline, up to and including termination, constitute the legitimate exercise of managements authority.
- Workplace conflict in itself, does not constitute harassment but could turn into harassment if no steps are taken to resolve the conflict.
- Work related stress in itself does not constitute harassment, but the accumulation of stress factors may increase the risk of harassment.
- Difficult conditions of employment, professional constraints, and organizational changes.
- A single or isolated incident such as an inappropriate remark or having an abrupt manner.
- A social relationship welcomed by both individuals.
- Friendly gestures among co-workers such as a pat on the back.
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What Is Vs What Isnt Sexual Harassment In The Workplace
Navigating what is considered sexual vs. non-sexual harassment in the workplace can be tricky. Refer to the table below for clear disambiguation between the two.
Sexual Workplace Harassment
Making offensive gestures
Inappropriate touching or intentional brushing up against the other person
|Making derogatory comments related to someones appearance, race, gender, sexual identity, religion, ethnicity, and the like|
|Sharing od displaying sexually inappropriate material at the workplace||
Sharing or displaying generally inappropriate or politically incorrect material at the workplace
Making derogatory, vulgar comments about someones sexual orientation or gender identification
|Joking or talking about offensive stereotypes|
|Making lewd jokes||
Using racists slurs or nicknames
When youre applying for a new job, the screening process should go both ways. If you are job hunting, make sure you understand what your prospective employers are legally allowed to ask vs. what they cannot ask. You should walk away from the company if, during the hiring process, they ask you about your:
- Sexual orientation
Even if the hiring and onboarding process goes smoothly, you might still become a victim of workplace bullying over time. If thats the case, study the companys policy on workplace harassment and talk to the HR department. If youve exhausted all options but the harassment persists, speak to the Equal Employment Opportunity Commission.
To Help Frame The Situation Ask Yourself:
- What was the context in which the incident took place?
- Was the behaviour improper?
- Was the behaviour directed at me?
- Was I offended by the behaviour?
- Did the incident occur within the scope of the Policy?
- Was this the first incident or is it a series of incidents?
- What is my work relationship with this individual?
- Are individuals doing things, saying things to make me feel uncomfortable?
- Would a reasonable person well informed of all the circumstances and finding himself or herself in the same situation as yours view the conduct as unwelcome or offensive? The behaviour in question is not only assessed by the impact or effect on yourself, but it is also assessed against a reasonably objective standard.
- Did the behaviour exceed the reasonable and usual limits of interaction in the workplace? Would a reasonable person be offended or harmed by this conduct?
- As I describe and evaluate my work environment, are there other factors contributing to the situation ?
- Am I being singled out and treated differently than my colleagues, being given the silent treatment?
- Is the incident related to my work performance?
- Am I being criticized regularly even though my standards have not changed and my performance has always been satisfactory or better?
- Am I being blamed for mistakes I believe are not my fault?
- What impact and/or consequences did this incident have on me?
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What Will Police Do About Harassment
If the harassment or stalking is happening in a public space, you also have the right to record what is happening on your phone. Police are not legally allowed to delete those photos or videos, or demand that you do so. After the incident, you can file a formal complaint with the officer’s department.
Reasons Why People Dont Report
Understandably, many people feel reluctant to involve police in minor, or even major, street harassment offenses. There are several legitimate reasons why:
* They may fear that the police wont respond, or wont believe them.
* They may fear the police will engage in victim-blaming by questioning their clothing or their choice to be out alone or late at night.
* Some people may feel that their communities are already over-policed and fear that the treatment a harasser will face from police or the justice system will be disproportionate to his or her offense.
* For example, individuals and communities of color often face more severe outcomes from legal processes than their white counterparts.
* Other individuals may fear further harassment from police even when they are victims of a crime.
* Police harassment of LGBTQ individuals is a real and serious issue in many cities around the United States.
At Stop Street Harassment, we believe that however you choose to respond to street harassment whether you report it, ignore it, or deal with the harasser directly is a valid choice. If you do want to report street harassment to the police, this guide can help. If you arent sure, see our section on Why and When to Report Street Harassment.
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Police Report To Crown Counsel
Forms used for the purpose of reporting to Crown Counsel must clearly address and document the key elements of the offence . Practices vary among jurisdictions. Some jurisdictions have tailored a specific investigation report form for the collection of pertinent facts. Police agencies and prosecution services that work together should use an agreed-upon format or checklist of information that will provide Crown counsel with the information needed to deal with various stages of court proceedings, including the following details:
Information on the prohibited conduct
Reasons why the victim reasonably fears for his or her physical, emotional or psychological safety
Details of changes the victim has made in response to the fear, such as whether the victim has:
- moved to a new location or obtained a new phone number
- recorded all telephone conversations and messages
- told friends, family, co-workers or building security of the harassment, and given photos of the accused to these persons
- arranged escorts to his or her car and work site
- changed his or her work schedule or route to work
- stopped visiting places previously frequented
- taken a self-defence course
- received counselling or other psychotherapy
- altered his or her behaviour in any other way
Evidence that the accused knew their actions harassed the victim or was reckless as to whether the victim was harassed, such as the fact that:
Information on factors related to those problems, such as:
Your Rights And How To Reduce Risk To Yourself
- You should not invite the officer into your house. Talk with the officers through the door and ask them to show you identification. You do not have to let them in unless they can show you a warrant signed by a judicial officer that lists your address as a place to be searched or that has your name on it as the subject of an arrest warrant .
- Ask the officer to slip the warrant under the door or hold it up to the window so you can read it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant has the name of the person to be arrested.
- Even if officers have a warrant, you have the right to remain silent. You should not answer questions or speak to the officers while they are in your house conducting their search. Stand silently and observe what they do, where they go, and what they take. Write down everything you observed as soon as you can.
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