How to File a Report Against Police

Reporting police misconduct.

As a citizen you may have encountered a situation in which you believe a police officer has violated his professional obligations or duties. If that is the case, you have the option to file a report against that law enforcement officer. Although the procedures differ slightly from community to community, the process of filing a report against the police is similar in most jurisdictions.

Things You'll Need

• Written statements from witnesses
• Complaint forms from police department

Instructions

1. Prepare a contemporaneous, written account of the underlying facts that give rise to your need to file a complaint against the police. From a legal standpoint, a written account of what occurred in a particular situation carries a greater deal of weight if it is prepared at the time of the underlying incidence or occurrence.

2. Obtain statements as well as basic contact information from all individuals who witnesses the situation that is the underlying cause for the complaint.

3. Contact the police department and find out which individual or agency is responsible for receiving reports against police officers. In some departments, there is a designated individual who handles these matters. On the other hand, in larger communities there tend to be some type of oversight board that deals with complaints from citizens. Oftentimes what is known as the "internal affairs division" handles complaints regarding police conduct.

4. Obtain any standard forms that are utilized in the complaint process. Typically, a police department of oversight body develops its own set of standardized forms to be used in the complaint process.

5. Complete the standardized forms as completely as possible. Attach any supporting documentation that you were unable to include within the confines of the forms themselves.

6. Submit the completed and gathered materials to the appropriate individual, committee or body as soon as possible after the incident in question. Make sure you inquire both to whether you need to do anything further in regard to filing and submitting a claim and when you can expect to hear back regarding your complaint.

7. If you find yourself unsatisfied with any determination made by the front-line individual or body designated to consider police complaints, your next likely option in most communities is to present your issue to the governing body of the city or county.

8. Contact the city council or similar county government representative who represents you before this local governing body.

9. Present that individual with a copy of the initial complaint you filed, together with any written materials you received in response to your complaint.

10. Inquire as to whether there is any set procedure established by the governing body that you need to follow in order to have your situation and complaint duly reviewed.

11. Provide your council member or other representative with any additional information requested. This represents what generally is the final phase in the process of filing and pursuing a complaint. If you remain unsatisfied at this juncture, the time likely has arrived to consult with an attorney and identify other legal options--including a lawsuit--that are available to you.

References

• Oakland Copwatch
• Complaints Against the Police, Ken Russell, 1994
• Dallas Police Department, Internal Affairs Division

Resources

• PoliceAbuse.com
• United States Department of Justice, Addressing Police Misconduct