Brickner: What you can do if police use force against you
Mike Brickner is the executive director of American Civil Liberties Union Delaware.
This year alone, we have seen a number of disturbing photos and videos of Delawareans — particularly youth, some as young as 13 — experiencing brutal and traumatizing encounters with police. In the wake of new incidents involving teens who reported being assaulted at the hands of the Delaware State Police, it’s vital to know what you can do as a civilian if you ever find yourself in an abusive situation with law enforcement.
Document the incident as thoroughly as possible. As soon as you are safe and able, write down or otherwise record everything you can remember about what happened and the events leading up to it. If you’re able to do so during the incident, get the names of the officers involved and collect contact information for eyewitnesses, as well. You — and any bystanders present — have the constitutional right to record interactions with the police on your cellphone. Officers are not allowed to delete video or photo evidence you or others collect, nor can they destroy or break your phone.
Unfortunately, we know that lawfully exercising our rights can sometimes agitate officers into violence and further retaliation. Use your best judgment to prioritize your safety above all else. If it is safer to exercise your right to silence, visually take note of as much detail as you can. Look at police cruisers for information on which department they work for. Count the number of officers involved in the incident. Do your best to recall the specific things that were said during the encounter. Of course, these are stressful and terrifying situations to try and think logically about but do your best, and it may help in the long run.
Go to a doctor for a physical examination. Even if your injuries do not seem extensive or life-threatening, seek medical attention right away. Having documentation of the nature and extent of injuries is significant in cases of misconduct. It’s important to not allow too much time to pass between the incident and any medical treatment you may receive. Do your best to attend any follow-up appointments that may be recommended, as well.
You should also request copies of medical reports and summaries from any physicians or medical personnel who attend to you.
File a police misconduct report. This part is frustrating. Police misconduct reports go to the police departments’ internal affairs offices in a process that sometimes has no material outcome for the victim and is not very transparent to the public.
So why does it matter?
Without reporting an official complaint, there is no paper trail about the experience you had, and the fact that you did not file an official complaint could be used to discredit you later on. It also puts the focus back on law enforcement to do the right thing and investigate these incidents and hold officers accountable, when appropriate. If no complaint is filed, then nothing happens, and law enforcement can simply say they did not take action because they had no one raise an official complaint.
It’s in your best interest not to tell the officers in question that you plan to file a complaint, especially during the encounter.
We know from past local and national incidents how useful and powerful public evidence can be. Photos and videos from witnesses and those affected by abuses of power are oftentimes vital to getting offending officers brought to any amount of justice. But let’s be clear — it cannot solely be the public’s responsibility to expose injustices perpetrated by police officers.
American Civil Liberties Union Delaware continues to call for true reform to Delaware’s Law-Enforcement Officers’ Bill of Rights. Despite minor changes passed in 2023, Delaware’s state laws continue to allow police to operate in secrecy and without public oversight. It’s past time for meaningful action to increase transparency and accountability in police departments.
Delaware needs to enforce mechanisms for holding officers accountable, allow public access to body camera footage and police disciplinary records, and empower communities to help regulate police disciplinary matters through community oversight boards.
Delaware police — state and local — must answer to the Delaware people. We cannot leave the issue of officer oversight up to “internal investigations,” while news stories of police assaults against the public continue to roll in. We need Delaware police accountability now.
If you’ve been the victim of excessive force, a violation of constitutional rights or an otherwise abusive interaction with Delaware police, we encourage you to submit a police abuse claim to ACLU Delaware at action.aclu.org/legal-intake/de-legal-claim.
