The US Department of Justice (DOJ) reported Thursday that the City of Trenton police force in New Jersey has systematically violated the constitutional rights of city residents. The DOJ found that Trenton police “engage in a pattern or practice of misconduct that deprives people of their rights under the Fourth Amendment,” including the use of excessive force and unlawful stops, searches, and arrests.
The report stemmed from an investigation opened in October 2023 following several reported instances of police misconduct in the city. In 2021 alone, Trenton paid more than $7 million in lawsuits based on alleged misconduct. The DOJ, after conducting dozens of interviews and reviewing police department data, found that Trenton police officers “conduct illegal pedestrian stops and searches, and unlawfully prolong traffic stops.” Investigators also found that officers use unreasonable force, including unnecessary use of pepper spray.
In one instance described in the report, officers held a handcuffed man face down with their knees on his back as he cried out “I can’t breathe” and “I’m gonna die.” This went on for more than four minutes, then the man became still; he was pronounced dead soon after. In other cases, officers pepper-sprayed people who criticized or insulted them, which is a protected activity under the First Amendment right to free speech.
Moreover, the Fourth Amendment of the US Constitution prohibits unreasonable searches and seizures. Courts have consistently held that the amendment also prohibits the use of pepper spray when a person poses no threat.
Trenton is among several police departments across the country that have been investigated for patterns of misconduct. Under Title 34 of the US Code–Crime Control and Law Enforcement, the DOJ may investigate government authorities which engage in patterns or practices of conduct that deprive persons of rights protected by federal law. Under the same law, the Attorney General may bring a federal lawsuit to eliminate the misconduct when government authorities fail to take remedial action. However, the DOJ noted that Trenton police and the City of Trenton have been fully cooperative.