What constitutes police harassment?

Asked by: Lonnie Kulas  |  Last update: December 26, 2025
Score: 4.3/5 (39 votes)

(34 U.S.C. § 12601). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests.

What constitutes harassment by law enforcement?

Recognizing Police Harassment

If you are experiencing persistent surveillance without reason, being followed for the purpose of intimidating or exerting control over you, or unauthorized tracking devices and/or wiretaps, speak to a California police misconduct lawyer right away.

What are some examples of unethical police behavior?

Types of misconduct include among others: sexual offences, coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches ...

What happens when you file a police report for harassment?

Evidence will be reviewed by whomever is assigned to do so. Further investigation may be necessary. Once the evidence is reviewed, a decision will be made to file charges against the accused or find that there is not enough evidence to pursue charges.

What is defined as police misconduct?

Police misconduct occurs when a law enforcement officer, acting or claiming to act in their official capacity, engages in unlawful and wrongful acts that violate a person's constitutional rights. The officer also violates state and federal law, police training policies, and standard protocol rules.

How to Fight Police Misconduct

40 related questions found

What are three types of police misconduct?

Different forms of police misconduct
  • Unlawful stop or detention in violation of the Fourth Amendment.
  • Racial profiling or discrimination in violation of the Fourth or Fourteenth Amendment.
  • Depriving you of your Fourteenth Amendment Rights without Due Process of Law.

What is the most common complaint against police officers?

The most common complaint against police officers typically involves excessive use of force. This can occur during arrests, traffic stops, or even routine questioning.

What is an example of police harassment?

Examples of Police Harassment

Use of excessive force. Racial or ethnic profiling. Illegal “stop and frisk” without objectively reasonable suspicion. Making sexist, racist, or homophobic comments.

When can you file harassment charges?

In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment, although we will look at all incidents of harassment when investigating your charge, even if the earlier incidents happened more than 180/300 days earlier.

When you file a police report, does the person know?

People aren't automatically notified. If the police decide to investigate the report, then them investigating will often include them contacting the person to ask them questions.

What are police intimidation tactics?

Intimidation. Another tactic the police could utilize is to verbally and emotionally intimidate you. They could yell at you or throw papers at you to scare you. The police could also keep you in the interrogation room for hours or throughout the night to wear you down until you confess.

Can I sue the police for not investigating?

The courts ruled people can sue cops for botched investigations.

What is defined as probable cause?

Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search ).

What are 3 actions that are considered harassment?

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

How long can a cop follow you before it's considered harassment?

As long as they're in their jurisdiction, they can follow you during their entire shift. When a cop is simply following behind your car, it's not considered to be harassment, They can even follow you home, if it's in their jurisdiction.

Which of the following situations could lead to a civil suit for police negligence?

Civil suits for police negligence arise when the actions or inactions of law enforcement result in harm. Examples include excessive use of force, failure to provide proper medical care to someone in custody, wrongful arrest, false imprisonment, or failure to properly investigate or respond to a crime.

How do you prove harassment charges?

Testimonies from the accuser and witnesses are often considered the most reliable and impactful evidence. Audio or video recordings and photographs can also be used to provide evidence in a harassment case. Forensic evidence, such as emails and text messages, can be used if available.

What happens when you report harassment?

Taking someone to court for harassment

The court can order the person harassing you to stay away from you - this is called getting an 'injunction'. The court can also award you compensation. If the person keeps harassing you after you get an injunction, they've broken the law - this means they could go to prison.

What deems harassment?

Examples of Harassment

Verbal or physical abuse, threats, derogatory remarks, jokes, innuendo or taunts about appearance or beliefs. The display of pornographic, racist or offensive images. Practical jokes that result in awkwardness or embarrassment. Unwelcome invitations or requests, either indirect or explicit.

What is unethical behavior for a police officer?

Some examples of issues which were covered up by this code of silence are excessive force, receiving free meals, accepting bribes, having sex on duty, and stealing items from a crime scene. This is only a few of the long list of unethical behaviors law enforcement officers have committed.

What police don't want you to know?

If you decide to answer any police questions, everything that you unintentionally did not say can be used against you too. For example, if you answer their questions, but you don't tell them the full story, or you innocently leave out a fact, they will use that as evidence that you were not completely forthcoming.

What happens if you file a police report for harassment?

If the harasser's actions towards you put you in fear for your life or safety, the police can investigate and potentially press criminal charges. However, even if the harasser's actions aren't necessarily criminal, you can still get a restraining order to keep them away from you.

What happens when you file a complaint against a police officer?

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.

What is the most common type of police misconduct?

Use of Excessive Force. This is perhaps the most common form of police brutality. Police know that when they are physically aggressive with suspects, they can explain it away by saying that the person was out of control or dangerous.

Can you sue the police department for false accusations?

Fabricating evidence or making false claims with intent or recklessness may give you grounds to sue under California law.