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September 19, 2024

Who Investigates Police Misconduct?

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

If you’re asking who investigates police misconduct, the answer depends on the specific case and severity. Police misconduct investigations are handled by a mix of internal and external entities, depending on the nature and severity of the allegations. Internal affairs divisions within police departments typically handle initial investigations of misconduct. However, external agencies like the Department of Justice (DOJ), state attorneys general, and independent civilian review boards may also investigate, especially in cases involving systemic issues or complaints of constitutional violations.

 If you survived police misconduct and are getting nowhere with these means, don’t hesitate to contact a Police Misconduct Lawyer or find a lawyer near you in California here.

What Is Police Misconduct?

Police misconduct refers to any inappropriate or unlawful actions committed by law enforcement while performing their official duties. This can include excessive use of force, racial profiling, false arrests, corruption, and other forms of misconduct. Police misconduct is a deadly and pervasive social evil. American police killed a minimum of 1,200 people in 2022, according to Mapping Police Violence. In the same year, about 1,100 people were shown as shot and killed by the police, according to the Washington Post’s tracking database, 

Internal vs. External Investigations: What’s the Difference?

Again, police misconduct investigations can be conducted internally by the law enforcement agency or externally by independent entities. Internal investigations may be conducted by the police department or agency to which the accused officer belongs. These investigations are often criticized for their lack of impartiality, as officers are no doubt biased about investigating their fellow colleagues. External investigations are carried out by independent organizations, like civilian review boards or state-level agencies. External investigations are generally seen as more objective and unbiased.

Internal Investigations

Internal Affairs Units (IA)

Internal Affairs divisions (IA) are typically the first to handle misconduct allegations within a police department. In California, the Office of Internal Affairs (OIA) within the Department of Corrections and Rehabilitation exemplifies this role. According to the California Department of Corrections and Rehabilitation, the OIA’s mission is to maintain public and employee trust through objective, independent investigations that uphold integrity and support fair discipline.

IA units, commonly found in police departments, are tasked with reviewing officer conduct and addressing allegations of internal misconduct. These investigations may result in suspension, demotion, or termination, and some agencies hire external firms to enhance transparency. Their main responsibilities include:

• Assessing whether allegations merit investigation.
• Conducting timely, thorough reviews.
• Ensuring fair discipline and departmental credibility.

Despite their role, IA units may be seen as lacking independence, which can affect public perception of their findings.

External Investigations

Civilian Review Boards

Independent civilian review boards, often composed of members of the public, provide an external layer of oversight and can investigate misconduct allegations. These boards typically review internal investigation files, conduct their interviews, and offer policy or disciplinary recommendations. While they often lack the authority to enforce actions, their findings can influence departmental decisions and promote accountability.

State Oversight Agencies

In California, a similar oversight role is performed by the Peace Officer Standards and Accountability Advisory Board. The Board advises the Commission by reviewing serious misconduct cases involving peace officers. It conducts public hearings and, based on investigative findings submitted by the Peace Officer Standards and Accountability Division makes decertification recommendations supported by a majority vote and clear and convincing evidence.

These agencies help maintain public trust and provide structured answers to the question of who investigates police misconduct at the state level. Through their partnership, the division and advisory boards reflect California’s commitment to fairness, transparency, and ethical conduct in policing. Their responsibilities include:

• Investigating systemic abuse or misconduct
• Recommending the decertification of officers unfit for duty
• Conducting hearings based on evidence standards like “clear and convincing evidence.”

California Department of Justice (DOJ)

The California Department of Justice (DOJ) may investigate police misconduct when systemic abuse is suspected or when local agencies lack impartiality. In such cases, the DOJ can initiate or support independent investigations and may pursue civil or criminal enforcement if warranted. These actions support accountability and trust.

State Attorneys General

State attorneys general have the authority to investigate police misconduct within their jurisdiction. In cases where local investigations are compromised or inadequate, the attorney general may step in to pursue civil or criminal charges against law enforcement agencies or individual officers.

Federal Bureau of Investigation (FBI)

While the DOJ often handles systemic reviews, the Federal Bureau of Investigation (FBI) may intervene in specific civil rights cases involving individual officers. According to the U.S. Commission on Civil Rights, the FBI becomes involved in investigations where constitutional protections are at risk or compromised.

U.S. Department of Justice – Civil Rights Division

The U.S. Department of Justice’s Civil Rights Division investigates law enforcement agencies when there is evidence of widespread constitutional violations. Although this federal oversight is limited to specific cases, it plays a vital role in reinforcing civil rights protections nationwide.

Independent Prosecutors and Special Investigators

Independent prosecutors and special investigators are increasingly used to avoid conflicts of interest in cases involving local police. Appointed by state attorneys general or special commissions, these entities can:

• Conduct independent criminal investigations.
• Decide on the filing of charges.
• Bring objectivity to controversial incidents like police-involved shootings.

Other External Agencies

In addition to state and federal bodies, county or city agencies may also be responsible for investigating police misconduct within their jurisdictions. These local entities help address complaints across various departments and contribute to answering who investigates police misconduct at the municipal level, especially when community services are involved.

What Are the Challenges in Holding Police Accountable?

Holding officers accountable is often hindered by procedural, political, and cultural barriers. Some of the primary challenges include:

• Qualified Immunity: Officers are shielded from personal liability unless they violate “clearly established” law, which is difficult to prove.
• Union Contracts and Arbitration: Collective bargaining agreements can limit disciplinary actions or enable officers to return to duty after being terminated.
• Incomplete Reporting: Many departments fail to report misconduct transparently or consistently.
• Limited Resources for Oversight Bodies: Civilian boards and state agencies often lack funding and authority to enforce their recommendations.

Public Distrust: Victims may hesitate to report abuse due to fear of retaliation or skepticism about impartial investigations.

How to File a Complaint Against the Police for Misconduct in California

If you have experienced police misconduct, please take action. Filing a complaint against the involved officer(s) is imperative to hold them accountable for their actions. As Sacramento police misconduct lawyers, these are the steps we recommend you take:

• Document the incident: Gather all relevant information, including dates, times, locations, and any evidence, such as photographs or videos.
• Identify the agency: Find out the appropriate department to file the complaint with.
• Contact an attorney: The sooner you learn your rights and legal options, the better. Pointer and Buelna are happy to stand against police misconduct with you.
• File the complaint: Be sure to provide detailed information and any supporting evidence.
• Follow up: Stay in contact with the investigative agency to ensure that your complaint is being taken seriously.

What Are Some Ways to Reform the Police to Reduce Misconduct?

Addressing and preventing police misconduct requires systemic changes within law enforcement agencies. Here are some ways to reform the police and reduce misconduct:

• Improved training
• Accountability measures
• Community engagement
• Independent oversight
• Transparency and body cameras

Contact a Police Misconduct Attorney

Pointer & Buelna is a reputable Sacramento law firm dedicated to stomping out police misconduct. Our diverse, competent team of steadfast police misconduct attorneys fiercely advocates for our clients.

Call our office at (510) 929-5400 or schedule a free legal consultation with one of our lawyers. Together, we can hold law enforcement agencies accountable!