By: Amanda Hildreth

Police misconduct, often perceived through the lens of media portrayals of excessive force and unnecessary shootings, is a serious issue. The advent of smartphone recording has exposed instances of officers abusing their power and violating civil rights. While the majority of officers serve their communities honorably, the actions of some undermine public trust.

What is Police Misconduct or Abuse of Power?

Police misconduct can manifest in various ways, making it difficult to identify, particularly in high-pressure situations. Examples include excessive force, unlawful arrests, and the abuse of inmates. Broadly defined, it is any inappropriate or unreasonable action by an officer during their duties that infringes upon an individual’s constitutional rights (Civil Rights Litigation Group, 2024).

Police misconduct or abuse of power may include (Civil Rights Litigation Group, 2024):

• Unlawful stops that violate the Fourth Amendment: You have the right to refuse unreasonable searches, including during police stops. For the police to stop you they must have a valid reason and reasonable suspicion that a crime or traffic violation has occurred. Your detention must be limited to the reason for the initial stop. If you have not committed a crime, you have the right to continue on your way. 
• Racial profiling or discrimination that violates the Fourth or Fourteenth Amendments: When an officer searches, stops, or arrests you based on your race, they are violating your civil rights. It is also a violation of your civil rights for police to stop you due to your gender, sexual orientation, or other characteristics. 

• Unlawful search or seizure in violation of the Fourth Amendment:  The Fourth Amendment gives citizens freedom from unreasonable intrusion by the government, including the police. Unlawful searches can happen when an officer searches your vehicle, home, or you without probable cause. If an officer asks to search your property or you, you have the right to say no. 

• Unlawful, false, or wrongful arrest violating the Fourth Amendment: An unlawful arrest occurs when law enforcement seizes and restrains you in a way that leaves you without the belief that you can leave, without having legal justification to arrest you. Law enforcement needs probable cause or a warrant based on probable cause to arrest you. If you are arrested without a warrant or cause, it is against your civil rights. 

• Depriving you of your Fourteenth Amendment Rights without Due Process: United States citizens are guaranteed equal protection under law and law enforcement and the government cannot deprive you of life, property, or liberty without fair law procedures including the right to certain hearings, the right to confront your accusers, the right to a lawyer and other rights that fall under this amendment. 

• First Amendment suppression or retaliation: The First Amendment guarantees freedom of religion, press, and speech, to assemble or petition and to record law enforcement while they are performing public duties. If law enforcement attempts to suppress your verbal expression or retaliates against you due to something you have said, they may be violating your civil rights. 

• Malicious prosecution violating the Fourth and Fourteenth Amendments: Lawful prosecutions require evidence that amounts to probable cause at the time charges are raised against an individual. If law enforcement charges you with a crime as a means of harassment, in an attempt to justify police misconduct or to ruin your reputation, they are violating your civil rights. They may also violate your rights by creating false information to create probable cause to justify your arrest or seek a warrant for an arrest. 

• Excessive force: Law enforcement must be reasonable in the force that is applied so that force is used only when necessary for a lawful purpose. Force is acceptable when law enforcement uses it to arrest a wanted person. Law enforcement’s authorized use of force during an arrest can escalate if the individual flees, resists, or threatens an officer. Otherwise, their use of force is limited. 

• Deadly force or Prison Abuse in violation of the Fourth or Eighth Amendments: When someone dies due to excessive force or other misconduct by law enforcement one of the worst civil rights violations occurs. This may involve anything from illegal shooting to denying an inmate access to medical care or abusing an inmate.

How Widespread is the Problem of Law Enforcement Abuse of Power?

While some studies indicate that the use of force by American law enforcement is relatively infrequent, other research suggests that when force is employed, there is a significant risk of escalation to excessive force. In a 1996 study examining 5,688 cases from 1977 police services, reasonable force was recorded in 37 cases (0.65%), while improper force was used in 23 cases (0.40%). Therefore, of the instances where force was employed, about 38% were classified as improper.  (Weisburd,  Greenspan, Hamilton, Williams & Bryant, 2000).

While the overall use of force by law enforcement is a subject of ongoing debate, data indicates a significant increase in police-involved fatalities in recent years. In 2020, there were 1,021 fatal police shootings nationwide, resulting in the deaths of 457 Caucasian individuals and 241 African American individuals. Notably, less than 1% of the officers involved were charged with a criminal offense. Studies have shown that African Americans are 3.5 times more likely than Caucasians to be killed by law enforcement when unarmed and not attacked. Additionally, research suggests a higher prevalence of police use of force in predominantly African American communities.  (Rosenfeld Injury Lawyers LLC, 2025). 

A 2019 study found that law enforcement violence is the leading cause of death among young men in the United States. Another 2019 study found that a police officer’s ethnicity predicted the ethnicity of those killed in over 900 incidents  (Rosenfeld Injury Lawyers LLC, 2025). 

Law Enforcement Attitudes Toward Abuse of Power

The Institute of Justice conducted a study in which officers were surveyed about their views on use of force and their observations of fellow officers’ behavior. . Their responses showed that most law enforcement officers in the United States disapproved of the use of excessive force, however, a substantial minority believed that law enforcement officers should be permitted to use more force than the force that the law permits and found it to be acceptable to occasionally use more force than legally permitted (Weisburd,  Greenspan, Hamilton, Williams & Bryant, 2000).

Though an overwhelming 97.1% of surveyed officers believed serious misconduct was extremely rare, a concerning 22% admitted to witnessing excessive force within their departments. Adding to this disparity, while over 90% disapproved of physical force in response to verbal abuse, nearly 15% indicated that such behavior occurred at least sometimes. (Weisburd,  Greenspan, Hamilton, Williams & Bryant, 2000).

Steps to Take if You Experience Law Enforcement Misconduct

If you believe you have been a victim of law enforcement misconduct or abuse of power, taking the following steps can help you protect your rights (Ouritski, 2024).

• Document the event: Write down everything you remember about the event as soon as possible. Include details such as time, location, names of officers involved, and if there were any witnesses. If you were injured, seek medical attention and document your injuries with medical records and photographs.
• Gather evidence: Collect all available evidence such as photos, video, and witness statements. If there were security cameras nearby, request the footage. The more evidence you can present, the stronger your case will be. 
• File a report: Report any misconduct to the police department’s internal affairs or review board. Filing a complaint creates an official record of the event.
• Consult with a lawyer, if possible: Contact an experienced civil rights lawyer who specializes in law enforcement misconduct cases, if possible. They can provide you with valuable guidance on your legal options.

 

We support your healing journey towards complete well-being. We bring solutions and real-time education for 28 different abuse types including Narcissism, Sexual, Physical, Psychological, Financial, Child, Self, Cyberbullying (Including Online Abuse), Bullying, Spousal, Workplace, Elderly, Isolation, Religious, Medical, Food, Authority, Educational, Child Sexual Exploitation, Sex Trafficking, Political, Weather and we’ve added six services and protocols including Norm Therapy® for PTSD, Educators, Police, Prisons, Suicide, and Military. Support our efforts by visiting AbuseRefuge.org and NormTherapy.com to sign up for Norm Therapist® Training to become one of our dynamic staff members who serve Victims and Survivors of abuse worldwide, schedule Norm Therapy® sessions, become a Live Stream volunteer, join our mailing list to learn how you can make an impact on the Abuse Care Community, and provide life-saving financial assistance with a generous donation.

 

Sources

Police misconduct: A practical guide. Civil Rights Litigation Group. (2024, January 30). https://www.rightslitigation.com/2024/01/30/police-misconduct-a-practical-guide/ 

Weisburd, D., Greenspan, R., Hamilton, E. E., Williams, H., & Bryant, K. A. (2000, May). Police attitudes toward abuse of authority. https://www.ojp.gov/pdffiles1/nij/181312.pdf 

Police abuse of power statistics (6 names you know). Rosenfeld Injury Lawyers LLC. (2025). https://www.rosenfeldinjurylaw.com/chicago-police-brutality-lawyer/statistics/

Ouritski, N. (2024, August 28). Legal recourse for victims of police misconduct and abuse. https://alanripka.com/legal-recourse-for-victims-of-police-misconduct-and-abuse/