Police Misconduct

Police officers have the responsibility to enforce the law and protect our communities; for that, we provide them with broad authority to arrest and detain people, use reasonable force when necessary, and even take a life as a last resort.  We also demand that police officers never abuse the great power we give them to safely perform their important job. 

It is expected that every police officer will follow the laws and Constitution, and obey the limits on their authority; however, there are instances where an officer might exceed his or her authority, causing serious injuries or even death.

A bedrock principle under our Constitution is that any arrest must be based on probable cause to believe the person has committed a crime.

When arresting or detaining someone, police officers are only allowed to use the type and amount of force that is objectively reasonable under the circumstances, and necessary to achieve some lawful purpose.

Unfortunately, sometimes law enforcement officers violate these clear rules, resulting in their own civil — or even criminal — liability.

What is Police Misconduct?

In law, misconduct is wrongful, improper, or unlawful conduct. Unreasonable or unethical conduct, especially for a professional person, can also be considered misconduct.

According to U.S Legal, “(it’s) the improper actions taken by police officers in relation to their official duties. (it) often results in miscarriage of justice ….”

What Counts as Police Misconduct?

While the laws of each state might be different in some ways, generally it can include the following:

• False arrest (without a warrant or probable cause)
• Unlawful detention (without reasonable suspicion of a crime)
• Unlawful entry into a residence or private building without a warrant or lawful exigent circumstances
• Malicious prosecution, based on known false or insufficient information
• Use of excessive force
• Use of excessive deadly force
• Death in custody due to restraint methods
• Police brutality
• Racial profiling
• Sexual abuse
• Police Code of Silence

What To Do if You’re a Victim of Police Misconduct

If you have been subjected to this type of abuse, you can:

• Consult with a private civil rights attorney about possibly filing a civil lawsuit for damages;
• File a citizen’s complaint with the involved law enforcement agency;
• In some jurisdictions, you can file a complaint with a police oversight board or commission.