The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey announced today that the Trenton Police Department (TPD) and the City of Trenton, New Jersey, engage in a pattern or practice of conduct that violates the Fourth Amendment of the U.S. Constitution. The city and TPD have stated that they will work with the department to implement the reform recommendations included in the report.
Specifically, the Justice Department finds that TPD unlawfully uses excessive force, including unreasonable forms of physical force and pepper spray in the absence of any significant 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.
“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 people of Trenton deserve nothing less than fair and constitutional policing,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “When police stop someone in Trenton, our investigation found that all too often they violated the constitutional rights of those they stopped, sometimes with tragic consequences. The report released today identifies the challenges Trenton faces in reforming its department, but we look forward to the cooperation of the city and police department in bringing needed reforms that will protect the civil rights and enhance the safety of Trenton residents while also strengthening public trust.”
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 Civil Rights Division’s Special Litigation Section and U.S. Attorney’s Office for the District of New Jersey 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 changes already made by the city and TPD, and it identifies additional remedial measures 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.