Police Misconduct

Police officers have the authority to arrest people when they have probable cause to believe they’ve committed a crime. However, if an officer arrests you without probable cause, you’ve likely been the victim of a false arrest.

Malicious prosecution occurs when a law enforcement agency files criminal charges against you knowing the charges are false or without probable cause. If you believe you have been falsely arrested or maliciously prosecuted, you may be entitled to compensation for damages such as:

• Emotional stress
• Damage to your reputation
• Legal fees
• Lost wages due to time spent in court or in jail

The Law Is on Your Side

The Supreme Court’s decision in Graham v. Connor set an important legal standard for determining police brutality.

We honor the many dedicated officers who risk their lives daily to protect our communities.

The Elliott-Larsen Civil Rights Act also protects your rights in Michigan and forbids discriminatory or abusive conduct of governmental agents, including police officers.

Knowing your rights can save a bad situation from getting worse. Whether you’re walking down the street, pulled over in your car, or approached at home, it’s important to stay calm. In Michigan, you are covered by the U.S. Constitution and the Michigan Constitution.

Here’s what that means when dealing with the police.

• You have the right to remain silent. You don’t have to answer questions about where you’re going, what you’re doing, or who you’re with. You can say, “I choose to remain silent.” That statement is enough to invoke your right.
• You don’t have to consent to a search. Police are not allowed to search you, your vehicle, or your home unless they have a warrant or you permit them. You are free to say, clearly, to them, that you do not consent to a search. This won’t stop them if they decide to search anyway, but it protects your rights in court.
• You can record the interaction. The Michigan law permits you to tape police officers in the streets as long as you do not disrupt their job. Record the event with your phone if you don’t feel safe.
• You can ask if you’re free to leave. You have a right to walk away, unless you are under arrest. If the officer says yes, walk away calmly. If not, stay still and continue to assert your rights.
• You should not resist, even if your rights are violated. Resisting can escalate the situation and may be used against you later. The best thing to do is remain calm and ask for a lawyer.

Steps to Take If You’ve Been a Victim of Police Misconduct

If you believe your rights have been violated by a police officer, it’s important to take the following steps:

• Gather evidence. If possible, document the incident with photos or videos. Also, try to get the names and contact information of the officers on the scene and any witnesses.
• If you were physically harmed, seek immediate medical attention. In Southfield, there are local establishments like Beaumont Emergency Hospital that offer immediate treatment and record injuries, which can be used for your case.
• File a complaint with the police department. Most police departments have a procedure for filing complaints against officers.
• Contact an attorney immediately. An experienced attorney can advise you of your rights and help you pursue legal action against the police department.

You can also request a copy of the police report on your incident through the Michigan State Police Freedom of Information Act (FOIA) Portal.

Filing a Police Misconduct Complaint in Michigan

The first step to holding the police accountable is knowing where to go and what to do. When your rights were infringed by a police officer in Southfield, Detroit, or any other city in Michigan, you can make a complaint and demand accountability.

Start Local

Each police department has a complaint procedure. Reach out to the agency in question and inquire how to make a formal report. Most of them enable you to file either physically, online, or at the Internal Affairs. Save a copy of your complaint and monitor all responses.

State Police Complaints

In case the misconduct is related to the Michigan State Police, file the EX 070 complaint form. You may send it by email, mail, or fax to the Professional Standards Section. They must investigate all legitimate complaints.

Violations of Civil Rights

If you were targeted based on race, religion, gender, or any other protected category, you may file with the Michigan Department of Civil Rights. This is covered under the Elliott-Larsen Civil Rights Act. You have to report within 180 days of the incident. The Michigan Department of Civil Rights (MDCR) can also investigate and prosecute the officers who violate the state’s anti-discrimination laws.

Federal Complaints

In case of serious infringement of constitutional rights, you may turn to the Department of Justice. Use their Law Enforcement Misconduct Reporting form online. You may also have grounds to file a federal civil rights lawsuit under Section 1983.