How to Make a Formal Complaint on a Police Officer

File your formal complaint as soon as possible after the offense you're reporting.

To ensure law enforcement agencies uphold the highest standards of service, each state allows procedures for its citizens to file formal complaints against minor or major misconduct of police officers. Every formal complaint must be accepted, investigated and resolved in accordance with the law by the law enforcement agency receiving it.

Instructions

1. Call or visit the law enforcement agency of the officer the complaint concerns -- or another in its jurisdiction if the location makes you comfortable -- to request a few complaint forms. If you visit the station in person, rather than request by phone to have forms mailed or faxed, bring a witness along to minimize likelihood of disregard. Consider equipping the witness with a tape recorder to carry in plain sight in order to document your exchange and deter potential harassment.

2. Draft your written complaint in your own words. Do not issue a verbal complaint for documentation in the words of the officer with whom you speak. Your own written documentation is more difficult to trivialize, misconstrue or conceal than oral complaints.

3. Be as specific and detailed as possible. Include the officer's name, badge and patrol number. State clearly what misconduct occurred. Consult the agency's operations manual online or in the office for accurate names and meanings and cite as many as apply. If you notice a pattern of misconduct, specify all related instances.

4. Call attention to your concern for other citizens within your community, as well as the reputation of the law enforcement agency associated with the accused officer.

5. Specify your expectations regarding what course of action you believe is necessary to address the complaint, including a request for a formal investigation.

6. Contact other witnesses from the scene of the incident to draft and file their own formal complaints that support your document's allegations.

7. Send copies of your formal complaint to a higher authority, such as a state or local politician, to ensure the likelihood of your complaint being addressed promptly and thoroughly.

8. Unless your jurisdiction requires you to file your complaint in person, use certified mail to submit your complaint with a return receipt requested, so you will receive confirmation and documentation of exactly who signs for it.

9. Strengthen your case by turning over any evidence you reference, such as photographs of any injuries you mention.

10. Wait to receive written explanation regarding the results of the investigation pertaining to your complaint.

Tips & Warnings

• Control your emotions in your communications so that objective facts shine through more than anger, frustration or humiliation. Communicate the seriousness of the offense and its impact on you, but without lashing out with offensive language.

• File your complaint immediately after an offense. Some jurisdictions dictate time restrictions for filing -- often 60 days for minor allegations like lack of courtesy, and six months for major allegations, such as brutality or violation of procedure. When allegations concern an officer's illegal conduct, however, these specifications do not apply. Otherwise, complaints outside of the agency's specified timeline may only be accepted if you demonstrate reasonable cause for failure to comply.

References

• Free Existence; The Art of Complaining: How to File an Effective Complaint Against a Police Officer; October 5, 2008
• Village of Greendale: Greendale Police Department: Complaint Procedures
• Law Foundation of Silicon Valley: Know Your Rights: Interactions With the Police