{"id":371619,"date":"2019-05-31T11:34:00","date_gmt":"2019-05-31T16:34:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/police-misconduct-laws-and-claims-in-arizona.html"},"modified":"2019-05-31T11:34:00","modified_gmt":"2019-05-31T16:34:00","slug":"police-misconduct-laws-and-claims-in-arizona","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/police-misconduct-laws-and-claims-in-arizona.html","title":{"rendered":"Police Misconduct Laws and Claims in Arizona"},"content":{"rendered":"\n
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Police Misconduct Laws and Claims in Arizona<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Police officers are given wide latitude to stop and detain suspects, since they’re entrusted with the enforcement power of the law. When an officer orders you to "freeze" or submit to a search, it’s generally in your best interests to do so. But this doesn’t mean they’re above the law, as police misconduct — whether it’s blatant racial profiling or the use of excessive force — is strictly illegal. If an Arizona officer has violated your civil rights, you may want to pursue a claim in civil court.<\/p>\r\n

Police misconduct runs the gamut, from unlawful search and seizure<\/a> (in violation of the Fourth Amendment) to planting false evidence on a suspect. And while police are protected by "qualified immunity<\/a>" as long as their actions don’t violate specific individual rights, you have legal options in the event they do in fact violate your rights.<\/p>\r\n

Note:<\/b> If you’ve been charged with criminal misconduct, seek advice from an attorney before filing a complaint against a police officer. A claim or complaint against a police officer while you have charges pending may waive your right to remain silent. Any information contained in your police misconduct complaint or claim may be used against you.<\/i><\/p>\r\n

The following sections summarize your rights and legal options regarding police misconduct laws and claims in Arizona.<\/p>\r\n

Arizona Police Misconduct Laws and Claims: The Basics<\/h2>\r\n

Learning about the law shouldn’t be as hard as studying for the bar exam — after all, laws apply to everyone. That’s why we’ve prepared the following summary of police misconduct laws and claims in Arizona, including federal laws, written in "plain English."<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Arizona Constitution:<\/b><\/p>\r\n

Access to Police Records<\/b><\/p>\r\n<\/td>\r\n

Individuals have the right to access copies of public records, including duplicates of 911 recordings, police reports, police dispatch calls, photographs, and official police policies and procedures.<\/p>\r\n<\/td>\r\n<\/tr>

State Civil Claims for Police Misconduct<\/b><\/p>\r\n<\/td>\r\n

Individuals may file suit against individual officers and\/or their public entity for intentionally or negligently inflicting injury. Such violations may include, but aren’t limited to, the following:<\/p>\r\n

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  • False arrest;<\/li>\r\n
  • Excessive force (i.e. police brutality);<\/li>\r\n
  • Entering a home without a warrant;<\/li>\r\n
  • Violating police department policies; and<\/li>\r\n
  • Abusing a detained suspect.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Internal Complaints for Police Misconduct<\/b><\/p>\r\n<\/td>\r\n

Individuals who believe their rights have been violated by the police should contact the police department in question. Complaints against police officers are sometimes filed with the police department itself, but sometimes there is a separate department in the city that handles such complaints. Here are a few police departments where complaints may be filed:<\/p>\r\n

Interference with Civil Rights<\/b><\/p>\r\n<\/td>\r\n

Federal code states that "Whoever, under color of any law, \u2026willfully subjects any person\u2026to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime]."<\/p>\r\n

Such deprivation of rights<\/a> may include (but isn’t limited to):<\/p>\r\n