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Last Modified on Jan 12, 2026
Police misconduct cases are serious. While you may feel helpless in the face of law enforcement, it is important to remember you can push back. Following these steps to take within 24 hours of a police misconduct incident in Newport Beach offers you the greatest chance of building a successful case.
What Is Police Misconduct?
If a police officer violated your rights, their actions are likely unlawful. Common forms include:
- The use of excessive force. While police officers are required to use force in certain situations, the use and level of force must be justifiable. Overly brutal actions or using force against someone who was not a threat could be classified as misconduct.
- Unlawful search and seizure. The Fourth Amendment protects you from unreasonable searches and seizures. Many types of searches and seizures are illegal without your consent, probable cause, or a warrant. Yet, many illegal searches and seizures still occur.
- False arrests. Without probable cause or a warrant for your arrest, a police officer shouldn’t arrest you.
- Providing false or misleading evidence. Planting or providing false or misleading evidence during an investigation or in a police report can lead to false evidence being used in court and wrongful convictions.
- Abuse of authority. Some police officers abuse their power by intimidating or threatening others.
Police misconduct causes mental and physical harm while contributing to the estimated 20,000 individuals who are wrongly convicted in the United States.
Contact and Hire a Police Misconduct Lawyer
Contacting a lawyer is one of the most important things you can do if you have experienced police misconduct, even if you are innocent, have been arrested, or are unsure if what occurred qualifies as police misconduct. Before speaking with police officers, contact a police misconduct lawyer who can provide legal advice.
A police misconduct attorney can collect essential evidence and help you navigate filing claims to receive compensation. They also protect you against unnecessary or illegal searches and seizures, as well as self-incrimination.
Gather Evidence of Misconduct
Collecting evidence gets trickier the longer you wait after an incident. By gathering evidence early, you ensure greater accuracy. Here are four tips when documenting evidence:
- Write down key information. Take note of the date, time, and exact location of the crime. Be sure to write down the name, badge number, and vehicle numbers for the police officers who were involved.
- Take photos. Photos and videos can be used as evidence and are often faster and more accurate than trying to document information by writing things down. Be sure to get photos of the location, any injuries you sustained, and any other damages, such as property damage. It is always better to have a surplus of photos than to have too few.
- Identify witnesses. Anyone who saw the police misconduct occur or was in the vicinity could be a valuable witness. Find bystanders and collect their names and contact information.
- Keep all records. If you received medical attention, medical records are an important piece of evidence that can be used to determine police misconduct, as well as compensation. Keep a copy of all records.
File a Police Misconduct Complaint
Filing a complaint against the police officers detailing their misconduct is typically the first step of a police misconduct claim. Identify which agency the officer(s) belonged to and file a complaint through their department. For the Newport Beach Police Department, their complaint form can be brought to the police department front desk, emailed to [email protected], or mailed to the Newport Beach Police Department, Professional Standards Unit, 870 Santa Barbara Dr., Newport Beach, CA 92660.
When completing the complaint form, include as many relevant details as possible. Your lawyer can advise you on what to include in your complaint and write a comprehensive report. By filing this complaint early, you have begun the process of filing a claim.
FAQs
Q: What if I’m Not Sure It Was Police Misconduct?
A: Contacting a lawyer should be the first step, even if you are not yet sure if police misconduct occurred. Not only does a lawyer know the laws needed to identify misconduct, but they can also advise you on what to do, regardless. Having a lawyer to represent you when communicating with law enforcement offers greater protection of your rights and leads to improved outcomes when filing a claim.
Q: How Can I Collect Evidence of Police Misconduct if I Have Been Arrested?
A: If you have been arrested but experienced police misconduct, your lawyer can work with you and the police to gather evidence. Your lawyer should be sure to collect any relevant information from police officers who are investigating. Additionally, it is still important that you record as many details as possible and keep any medical records or police reports if applicable.
Q: Can I Pursue Compensation in a Police Misconduct Case?
A: Yes, depending on the details of your case, you may be eligible for compensation for a police misconduct case. Compensation can help lessen the financial and emotional burden of being a victim of police misconduct and help you recover. Your lawyer can work to maximize your compensation, which could be influenced by factors such as medical costs, missed wages, property damage, and emotional trauma.
Q: How Long Do I Have to File a Police Misconduct Claim?
A: You have six months to file a police misconduct claim against a government agency or official, like the Newport Beach Police Department or other law enforcement entities. However, you are still encouraged to contact a police misconduct lawyer, collect evidence, and file a complaint as soon as possible. By acting quickly, you will have access to more evidence and have more time to build a strong case.
Find Help From an Experienced Police Misconduct Attorney
Being the victim of police misconduct is no small matter. Choosing a dedicated and knowledgeable Newport Beach police misconduct attorney can make all the difference in filing a claim against law enforcement. At Greg Peacock Law, we are solely dedicated to police misconduct cases, and our team is here to fight for you. Contact us today to learn how we can help guide you through a police misconduct case.
