11/21/2024 | Press release | Distributed by Public on 11/21/2024 10:56
TRENTON, N.J. - The U.S. Attorney's Office for the District of New Jersey and the Justice Department announced today that the Trenton Police Department (TPD) and the city of Trenton engage in a pattern or practice of conduct that violates the Fourth Amendment of the U.S. Constitution and federal law.
A comprehensive investigation found that TPD unlawfully uses excessive force, including unreasonable forms of physical force and pepper spray when facing little resistance or danger. TPD also conducts stops, searches and arrests without reasonable suspicion or probable cause. In addition, the department identified deficiencies in training, supervision, policy and accountability that contribute to TPD and the city's unlawful conduct.
"For too long, the residents of Trenton have felt afraid of the police, rather than protected by them.. The use of excessive force and unconstitutional stops, searches and arrests, sometimes with tragic consequences, have eroded public trust and undermined public safety. Today's findings are the first step in achieving the reforms needed to rebuild public trust, so that the Trenton Police Department can effectively fight crime and keep residents safe, while respecting the constitutional rights of each and every person."
U.S. Attorney Philip R. Sellinger
"Police officers must respect people's civil and constitutional rights and treat people with dignity," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "After an extensive review, we found that police officers in Trenton routinely failed to respect the Fourth Amendment rights of those who call Trenton home. Trenton police stop and search pedestrians and motorists without a legal basis, make illegal arrests and use excessive force without basis. We are committed to the hard work necessary to achieve constitutional policing across the country. By bringing city officials, the police department and the community together, we are confident that we can institute meaningful reforms that remedy the violations uncovered."
The Justice Department found that TPD engaged in a pattern or practice of using excessive force, with police officers often escalating encounters when facing little resistance or threat. For example, in one incident from 2023, after initially using reasonable force to arrest a man, an officer stomped on the man's hand multiple times once he was on the ground, kneeled on his head and kicked him in the shoulder.
TPD also conducted numerous stops and searches of pedestrians and cars without reasonable suspicion or probable cause, often unlawfully arresting the person they stopped and searched.
TPD's violations have eroded community trust and cost the city more than $7 million since 2021 to resolve lawsuits stemming from accusations of officer misconduct.
The Justice Department opened this investigation on Oct. 17, 2023. Career attorneys and staff in the U.S. Attorney's Office for the District of New Jersey and the Civil Rights Division's Special Litigation Section conducted the investigation. The team conducted an extensive review of TPD's records, including hundreds of police reports and hundreds of hours of body-worn camera footage. The team also interviewed city and TPD leadership and line officers, accompanied officers on ride-alongs and met with dozens of community members.
The city and TPD cooperated fully with the Justice Department's investigation. The department provided a comprehensive written report of its investigative findings to the city and TPD. The report acknowledges the changes already made by the city and TPD, and it identifies additional remedial measures the Justice Department believes are necessary to address its findings.
The Justice Department conducted this investigation pursuant to 34 U.S.C. § 12601, which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law. Section 12601 authorizes the Attorney General to file a lawsuit in federal court seeking court-ordered remedies to eliminate a pattern or practice of unlawful conduct.
The Justice Department will conduct outreach to members of the Trenton community to explain the findings and for input on remedies to address the findings. Individuals may also submit recommendations by email at [email protected] or by phone at 973-645-2801
The Justice Department will hold a community meeting at a date to be determined. Members of the pubic are encouraged to attend.
Additional information about the Justice Department's Civil Rights Division is available at www.justice.gov/crt. Additional information about the U.S. Attorney's Office for the District of New Jersey is available at www.justice.gov/usao-nj. Information specific to the Civil Rights Division's Police Reform Work can be found at www.justice.gov/crt/file/922421/download. Additional information about civil rights enforcement at the U.S. Attorney's Office for the District of New Jersey is available at www.justice.gov/usao-nj/civil-rights-enforcement.
The government is represented by Michael Campion, Chief of the Civil Rights Division; Assistant U.S. Attorneys Junis L. Baldon and Nicole Taykhman of the U.S. Attorney's Civil Rights Division; and attorneys from the Special Litigation Section of the Justice Department's Civil Rights Division.
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