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FACT BRIEF

Does the U.S. Department of Justice have the legal authority to investigate municipal police departments?

By Carmela Guaglianone
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YES

The U.S. Department of Justice has the legal authority to investigate municipal police departments under the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968 and under Title VI of the Civil Rights Act of 1964 when agencies receive federal funding. 

These laws grant DOJ permission to review practices of non-federal law enforcement agencies that may be in violation of citizens’ federal rights. Reviews are often prompted by reports that indicate a pattern of violations or bias. 

The DOJ is a part of the executive branch, but follows guidelines that dictate independence in decision-making on matters of criminal and civil law enforcement. Personnel responsible for initiating and supervising specific cases, like local police investigations, do not communicate with the White House regarding such decisions, per department policy. 

This fact brief is responsive to conversations such as this one.
Sources
US Department of Justice Justice Manual Title 1
White House The Executive Branch
US Department of Justice Conduct of Law Enforcement Agencies
ABOUT THE CONTRIBUTOR
Arizona Center for Investigative Reporting
The Arizona Center for Investigative Reporting is the state’s only independent, nonpartisan and collaborative nonprofit newsroom dedicated to statewide, data-driven investigative reporting. AZCIR's mission is to hold powerful people and institutions accountable by exposing injustice and systemic inequities through investigative journalism.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.