Assistant Attorney General Kristen Clarke Delivers Remarks on Justice Department Findings of Civil Rights Violations by the Trenton Police Department and the City of Trenton, New Jersey

Remarks as Prepared for Delivery

Good morning. Joining me is Philip Sellinger, U.S. Attorney for the District of New Jersey.

After a comprehensive civil rights investigation of the Trenton Police Department and the City of Trenton, the Justice Department has found a pattern or practice of conduct that violates the Fourth Amendment.

In the report we are releasing today, we describe two key findings: first, that the police use excessive force; and second, that they unlawfully stop, search and arrest people during pedestrian and traffic stops.

First, regarding excessive force, Trenton police escalate encounters and use force when there is no threat of harm to officers or others. This behavior not only violates the Constitution and inflicts serious injuries, but it also sows distrust and undermines law enforcement’s mission to keep the community safe.

One inappropriate use of force involves pepper spray, which officers use when it is not justified. In one example, a 64-year-old man refused to let police into his house without a warrant. Officers threw the elderly man across his front porch, slammed him face down and pepper sprayed him in the face. Tragically, the man died at the hospital 18 days later from respiratory failure. This conduct is egregious, unacceptable and unlawful.

Trenton police also grab, tackle and punch people who are unarmed and pose no threat. In one video we reviewed, an officer chased a 16-year-old boy, grabbed him by the throat and slammed him into the hood of a car as the boy cried out in pain. In another incident, an off-duty officer working at a soup kitchen hit a woman in the head more than a dozen times with her police radio. She later called these repeated strikes “inadvertent.”

The second way police violate Trenton residents’ constitutional rights is by unlawfully stopping, searching and arresting people. For example, they jump out of their cars to confront pedestrians walking along public sidewalks. We reviewed body-camera video in which officers ordered a man to put up his hands and frisked him — because he adjusted his waistband. That is illegal.

Police make traffic stops for minor violations such as failing to stay in a lane or having tinted windows. Without evidence that anyone is armed or that the car contains contraband, officers unlawfully search the car. Sometimes they call for a K9 unit, unlawfully detaining the driver in the meantime, to sniff for drugs. In one case, officers prolonged a stop for 45 minutes because the driver, whom they deemed “nervous,” did not consent to an unwarranted search. They searched the car anyway — and found no drugs or evidence of any crime. That is also illegal.

We found that officers in two proactive street enforcement units, the Violent Crimes Unit and the Street Crimes Unit, committed many of these unconstitutional stops and searches. To its credit, after we opened our investigation, the Trenton Police Department disbanded both these units. However, that was not enough to end the police’s pattern or practice of constitutional violations. Many officers in the units were reassigned to regular patrols. And some were assigned to a new proactive enforcement unit. These officers deserve better training and supervision. Without that support, the pattern or practice of constitutional violations we identified will continue.

In addition to these findings, we also make a number of other observations. Trenton’s police officers do not receive the training they need, including in crucial areas like use of force and the legal rules for stops and searches. Supervisors do not provide sufficient oversight of officers’ actions. And the police department does not conduct thorough investigations when people file complaints. In addition to remediating the violations we describe in our two findings, the Trenton Police Department must address these contributing causes.

I will note that from day one, the City of Trenton and the Trenton Police Department have cooperated fully with our investigation. They have provided full access to their records and employees. In interviews with us, employees — from line officers through city officials — have candidly acknowledged the need for change.

We know that Trenton faces profound challenges as a city. But we take heart in officials’ evident commitment to reform. The city and police department have stated that they want to work with the Justice Department to implement the reforms that we recommend in our report. Throughout this process, we commit to continuing to gather input, including from officers and from people who have been impacted by police constitutional violations.

In the United States, more than 20% of police officers in local police departments work in agencies the size of the Trenton Police Department. Reforms in Trenton will help inform the public’s understanding of how to achieve constitutional policing in mid-sized police departments.

I would like to end by addressing the many community members who spoke with us during our investigation. Thank you for telling us about your experiences. You should expect protection from your police department, and your police officers should expect true leadership from their supervisors. The Justice Department is committed to helping maintain public safety and respect for your rights.

Thank you. I will now yield the floor to U.S. Attorney Sellinger.