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June 18, 2024

What happens when you file a complaint against a police officer?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

A complaint against a police officer is a formal allegation made by an individual who believes that an officer has acted inappropriately or violated their rights. This can include incidents of excessive force, misconduct, discrimination, or any other behavior that goes against the standards expected of law enforcement officers. Many people wonder what happens when you file a complaint against a police officer, let’s figure it out.

Filing a complaint against a police officer is an important step in holding them accountable for their actions and ensuring that justice is served. If you are considering filing a complaint against a police officer, it’s in your best interest to discuss the matter with a California police misconduct attorney before you start the process.

What Happens if Someone Files a Complaint Against a Police Officer in California?

When you file a complaint against a police officer in California, the local law enforcement agency where the officer is employed will be responsible for investigating the allegations. They will gather evidence, interview witnesses, and review any available documentation related to the incident. The agency should then determine whether there is sufficient evidence to support the complaint and take appropriate action. Unfortunately, sometimes this does not occur, and victims are left wondering what to do next – and a police misconduct attorney can help.

Can You File a Complaint Against a Law Enforcement Officer if You Believe They have Acted Inappropriately?

Yes, you have the right to file a complaint against a law enforcement officer if you believe they have acted inappropriately. It is essential to document as much information as possible about the incident, including the date, time, and location, as well as the names and badge numbers of the officers involved. You should also collect any available evidence, such as photographs or videos, that can support your claim. Once you have gathered all the necessary information, you can submit your complaint to the local law enforcement agency.

How Do I File a Complaint Against a Police Officer in California?

To file a complaint against a police officer in California, you need to follow the complaint filing process available by the local law enforcement agency. This process typically involves filling out a complaint form, providing a detailed description of the incident, and submitting any supporting evidence you have collected. The agency will then assign an investigator who will conduct a thorough investigation into your allegations. 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.

Why Should I File a Police Misconduct Complaint?

Filing a police misconduct complaint is crucial for holding law enforcement accountable and protecting your rights. Whether you’ve experienced excessive force, false arrest, or racial profiling, submitting a complaint is the first step toward justice. In addition to addressing your personal grievance, your action can help prevent future misconduct, improving overall police accountability and community trust. Police misconduct complaints also raise awareness within the department and the broader community, ensuring that issues are investigated and addressed appropriately.

What Is the Most Common Complaint Against the Police?

The most common complaint against police officers typically involves excessive use of force. This can occur during arrests, traffic stops, or even routine questioning. Victims often report physical harm, but emotional distress and violations of civil rights are also widespread concerns. According to the U.S. Department of Justice, excessive force complaints are frequently associated with racial profiling or unlawful searches, reflecting broader systemic issues within certain police departments.

Where Can I File a Complaint Against a Police Officer?

In California, you can file a complaint against a police officer with several agencies, depending on the nature and seriousness of the misconduct. Typically, complaints are first submitted to the police department’s Internal Affairs Division. Additionally, many cities and counties have independent oversight bodies, such as a Police Review Commission, which allows for more objective investigations. On a broader level, the California Department of Justice handles complaints involving serious civil rights violations. Filing with the appropriate entity ensures the right authority reviews your complaint.

What Evidence Should I Include in My Police Misconduct Complaint?

The success of your complaint often depends on the evidence you provide. Collecting strong evidence increases the likelihood that your case will be taken seriously and appropriately investigated. The following types of evidence are often most helpful:

• Photos or Videos: Any recordings of the incident or resulting injuries.
• Witness Statements: Written statements or contact information from those who witnessed the misconduct.
• Medical Records: Documentation of injuries, mental health impacts, or other harm you suffered.
• Police Reports: Any official reports generated as a result of the incident.
  By compiling as much relevant evidence as possible, you give investigators a better foundation to review your claim.

Can I File an Anonymous Police Misconduct Complaint?

Yes, you can file an anonymous police misconduct complaint, but doing so may limit the investigation. While many police departments, including those in California, allow anonymous complaints, they often struggle to pursue cases without knowing key details. Anonymous complaints may be reviewed, but without the ability to follow up for more information or verify facts, some investigations may stall. Filing anonymously can protect your privacy, but consider speaking with a lawyer to understand the risks and limitations.

Can I File a Criminal Complaint Against a Police Officer?

Yes, you can file a criminal complaint against a police officer if their actions constitute a criminal offense. This could include illegal conduct such as assault, battery, or civil rights violations. Typically, these complaints are submitted to the District Attorney’s office or the California Department of Justice. Pursuing a criminal complaint is more complex than an internal affairs complaint, so it’s essential to ensure that your case is backed by strong evidence and is submitted to the correct legal authorities.

Contact Our California Police Misconduct Attorneys Now

If you are considering filing a complaint against a police officer in California, it is crucial to seek legal assistance to ensure that your rights are protected throughout the process. At Pointer & Buelna, LLP: Lawyers For The People, we understand how overwhelming and intimidating it can be to go up against large institutions like the police. Our experienced attorneys are here to provide you with the guidance and support you need to navigate the complex legal system and fight for the justice you deserve. 

Contact us today to schedule a free consultation and discuss your case.