Who has experince with filing police misconduct complaints?

[hotbrownsauce]

I'm looking for maybe an officer of the law present, or someone who has filed a police misconduct report before.

Did the police harass you? Did they call you back... what happened?

A lady supposedly got her wallet stolen from her purse. A friend that an employee, the manager, and I knew just happened to be there at the time the wallet was "stolen". Because they didn't have his phone number they called me and I called him and asked him if he knew what was going on. He said "No". The surveillance cameras didn't show anything because they didn't point towards the "scene of the crime". The cops were being absolute dicks so I decided to drive back into town. Upon arrivle the cops had just returned from my friends house back to the business establishment. They had no extigent circumstances, probable cause, reasonable suspicion, and there was no "plane view". They asked one employee "can I search your locker" he said "sure". The officer unsatisfied his search revieled nothing he opened each other closed locker where the employees put their purses clothing cell phones etc etc. He still couldn't find anything so he picked up a pair of pants sitting near the lockers and rummaged through them. None of these items were mine and I don't work there at that store. I asked my friend the manager, if he had given them permission. He said "No, I didn't give them permission". So I waited for them to get done and leave. When the two officers went outside I waited for them to quit talking to each other and I said, "Excuse me, can you help me for a minute?" To which I asked the police officers if they can give me their names and badge numbers. At one point in time one officer didn't and I said, "So are you saying to me your not going to tell me your name?", "Your public servants and I'm a citizen, I take information of any cops I see for my own records". They asked what I was going to do... and said "If your going to make a complaint you can go down to the police station." I said, "No, if... IF I did that I'd do something else."

My complaint will be that the one gentleman searched with out legal justification or consent.

So that leads me here to my question... who has filed police misconduct complaints? Because I'd like to know more personal experiences before I go and file a report.

[newyearsrevolution08]

I'm looking for maybe an officer of the law present, or someone who has filed a police misconduct report before.

Did the police harass you? Did they call you back... what happened?

The reason I'm asking is because I'm debating on whether or not to report a police officer who illegally searched through some lockers and clothing at my friends work with out reason or permission.
I went out side and confronted them when they were done and asked them for there names and Badge numbers. I didn't mention that I would report them.

I've heard some cops just throw the complaints away and say "we didn't get them". But verified signature mail can fix that.

talk to their boss or write a letter and let them know copies are also being sent to each and every local media outlet as well and would like a response.

[hotbrownsauce]

yeah I thought of saying I've contacted the ACLU also.... so they don't try and harass me

more thoughts are welcome!!!

[Fyretrohl]

One thing to be careful of...If this was lockers owned by the company, you may be facing an issue that the lockers belong to the company and they can allow search.

[Crickett]

Yes, I agree. If the lockers are not considered your property, someone else can give search permission.

[Suzu]

If you have a case that will fly, you can sue in federal court under Title 42:


Section 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

§ 1985. Conspiracy to interfere with civil rights

(3) Depriving persons of rights or privileges
If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

For such a suit to be accepted by the court, the complaint must allege: (a) the facts of events in which constitutionally protected rights were violated, specifically naming the acts which constituted the violation(s); (b) that the defendents were state actors acting under Color of Law, who "knew or should have known" that what they did was a violation of the plaintiffs' rights and the defendants' oath of office; (c) that the plaintiff(s) suffered damage(s) as a result of the events (and stating the damages); and, (d) a specific request for relief (criminal sanctions, punitive damages, etc.).

It's best to first contact the officers' superiors with details of what happened and asking that corrective action be taken, and be sure to demand a written response within 10 days informing you what corrective action was taken. If you don't get that response, call and ask what corrective action was taken. Chances are nothing was or will be done, which fact will enable you to bring the employer into the suit because the lack of corrective action is prima facie evidence of a pattern and practice of violating citizens' constitutional rights. You should also be suing the officers in both their individual and professional capacities, that way the whole case against them cannot be dropped if they try to use the respondeat superior defense.

When an entity like a city, county or state gets sued a few times in this kind of incident, it costs them a lot in legal fees even if they win the suit, and if they lose even once, they won't be able to get liability insurance anymore until they clean up their act. So it's important to file these complaints where warranted. In most cases you can write the complaint without a lawyer's help as long as you follow the proper form and make sure all the right elements are included.

[hotbrownsauce]

a police officer who illegally searched through some lockers and clothing at my friends work with out reason or permission.

there was no permission I asked my friend who was the manager of the establishment at the time they were searching while I was watching them search if he had given them permission. He said no.

A lady supposedly got her wallet stolen from her purse. A friend that an employee, the manager, and I knew just happened to be there at the time the wallet was "stolen". Because they didn't have his phone number they called me and I called him and asked him if he knew what was going on. He said "No". The surveillance cameras didn't show anything because they didn't point towards the "scene of the crime". The cops were being absolute dicks so I decided to drive back into town. Upon arrivle the cops had just returned from my friends house back to the business establishment. They had no extigent circumstances, probable cause, reasonable suspicion, and there was no "plane view". They asked one employee "can I search your locker" he said "sure". The officer unsatisfied his search revieled nothing he opened each other closed locker where the employees put their purses clothing cell phones etc etc. He still couldn't find anything so he picked up a pair of pants sitting near the lockers and rummaged through them. None of these items were mine and I don't work there at that store. I asked my friend the manager, if he had given them permission. He said "No, I didn't give them permission". So I waited for them to get done and leave. When the two officers went outside I waited for them to quit talking to each other and I said, "Excuse me, can you help me for a minute?" To which I asked the police officers if they can give me their names and badge numbers. At one point in time one officer didn't and I said, "So are you saying to me your not going to tell me your name?", "Your public servants and I'm a citizen, I take information of any cops I see for my own records". They asked what I was going to do... and said "If your going to make a complaint you can go down to the police station." I said, "No, if... IF I did that I'd do something else."

My complaint will be that the one gentleman searched with out legal justification or consent. It isn't a huge deal but it is the principal of the matter and I want any cop that extends over any boundaries to be scared they will be punished and not just get away with it.

So that leads me here to my question... who has filed police misconduct complaints? Because I'd like to know more of personal experiences before I go and report it.

[Roxi]

hmmmmm u are brave.... i can't give u any advice, other than, be ready for them to not be friendly toward you