Police Misconduct in California: Filing a Citizen’s Complaint

Citizens of California trust that law enforcement officers use their authority to serve and protect the community. However, police misconduct is still an all-too-common occurrence. When officers abuse their power, it can lead to catastrophic results, including wrongful death by restraint asphyxia or police shooting. 

You have the power to report incidents of police misconduct in California and pursue legal representation if you have been personally wronged. Continue reading below for how best to report police misconduct and next steps in your pursuit of justice.

Record Circumstances of Police Misconduct

Reporting police misconduct can be a difficult and frightening task. That’s why you must intentionally and carefully gather all the facts you can for the greatest chance of success. As with any other claim or legal action, it’s essential that you present valid proof, whether you’re planning to sue or not, even if you weren’t arrested. A video or audio recording of the police misconduct incident is a great way to present proof. Witnesses are another way. Photographs of your injuries also help. So does medical documentation.

California is a two-party consent state for video recording. When filming the police, you must be open and honest about the act of acquiring footage (no hidden cameras or audio-recordings from an obscured device). In return, it is your legal right to film a police officer in the state of California, and against the law for an officer to ask, persuade, or intimidate you into ending the video.

As soon as you are able, write down everything you can remember about the incident in question. If you write a summary of the incident specifically to provide to an attorney, then your written statement can be protected by attorney-client privilege.  A thorough and accurate report will assist in your complaint and be valuable to your lawyer should you decide to pursue legal action. Describe the event as clearly as possible with as many details as you can remember.

Some important details to note:

• A physical description of the police officer;
• The officer’s name, badge number, and identifying information from their vehicle;
• A description, location, and time of day of the incident;
• Any medical treatment and diagnoses of injuries.

Filing Your Police Misconduct Complaint

A complaint for police misconduct can be filed with the involved law enforcement agency.  Under California law, all law enforcement agencies are required to accept citizen complaints.  Upon receipt of a complaint, it is required that an investigation is opened into the officer’s conduct. Although it is not required, many law enforcement agencies  encourage community members to make these reports in person so a supervisor has an opportunity to do a thorough initial assessment of the complaint.

If you do not wish to report your complaint in person, generally you may obtain a “Complaint of Employee Misconduct” form from any police facility or City Council field office. Complaints may also be filed online or by phone. 

Anonymous and third-party complaints are accepted and should be investigated to the extent that sufficient information is provided. However, if you choose to not provide your contact information, the investigators will be unable to ask you follow-up questions that might be needed for a thorough, complete investigation.

Pursue Representation with a California Police Misconduct Attorney

As with any potential legal dispute, you contact an attorney to learn about your rights, any claims you may have, and to ensure you are represented and fully compensated. California police misconduct attorneys can represent you in civil rights cases against the police. 

Certain attorneys, such as Haddad & Sherwin LLP, handle only the most catastrophic cases of police misconduct, police shootings, and restraint asphyxia resulting in death or severe injury. If, due to police or jail misconduct, you or a loved one have suffered a catastrophic injury, or your loved one has been killed, contact the police misconduct attorneys at Haddad & Sherwin LLP today for a free and confidential consultation.