What are the steps to file a citizen's complaint against a law enforcement officer for misconduct in California?
Filing a complaint involves submitting a formal statement to the specific law enforcement agency, which is then required by law to investigate the claim and notify you of the outcome. California law mandates that every law enforcement agency must have a procedure for investigating citizen complaints.
Here are the steps to file a complaint:
Step 1: Gather Your Information
Before filing, collect all relevant details about the incident. This includes the officer's name and badge number, the precise date, time, and location of the event, contact information for any witnesses, and copies of any evidence such as photos, videos, or relevant documents.
Step 2: Obtain the Complaint Form
You must request the complaint form directly from the law enforcement agency involved (e.g., the local police department or county sheriff's office). You can usually get the form in person at the station or download it from the agency's website. They are legally required to provide it to you under California Penal Code Section 832.5.
Step 3: Complete and Submit the Form
Fill out the form with a clear, factual, and chronological account of what happened. You must sign the form, which includes an advisory that filing a knowingly false allegation is a misdemeanor crime (Penal Code Section 148.6). Make a copy for your records before submitting it according to the agency's instructions.
Step 4: Cooperate with the Investigation
An investigator, typically from the agency's internal affairs division, will likely contact you for an interview. Cooperate fully and answer all questions truthfully. Provide any evidence you have collected.
Step 5: Receive a Written Disposition
After the investigation concludes, the agency must inform you in writing of the disposition (the finding) within 30 days of its determination. The findings are typically categorized as sustained, not sustained, exonerated, or unfounded.
Important Details:
The internal complaint process is an administrative review, not a criminal proceeding against the officer or a civil lawsuit for damages. Because officer personnel records are confidential under Penal Code Section 832.7, you will not be told what specific disciplinary action, if any, was taken.
Warnings and Limitations:
This process is entirely separate from filing a civil lawsuit for personal injury or civil rights violations, which has strict deadlines. Filing a complaint that you know to be false is a criminal offense.
This is general information and does not constitute legal advice. For complex situations involving significant injury or a potential violation of your civil rights, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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