Legally Reviewed by Shazam Kianpour on August 25, 2026
Claims of bad-faith policing come up in criminal cases far more often than most people realize, and they can affect everything from whether evidence gets thrown out to how a case is ultimately resolved. Below is a look back at comments a former U.S. Attorney General once made on the subject, followed by a broader explanation of what a bad-faith policing claim actually involves in a Colorado criminal case.
A Former Attorney General’s Comments on Police Misconduct
There is no question — and certainly no media outlet arguing otherwise — that the U.S. Attorney General at the time was anything other than a law-and-order type of guy.
That is, Sessions’ on-the-record comments, recently issued memos, strident calls for a return to harsher sentencing recommendations and other actions make it eminently clear that the nation’s top law-enforcement official was ardently pro-police and generally reluctant to criticize police departments across the country.
As noted in a recent Politico article, “Sessions often chastises others for badmouthing police.”
Sessions’ widely perceived enforcement bent often puts him in the crosshairs of critics from across a broad spectrum who claim a lack of balance on his part that promotes police/community tensions and leads to unjust outcomes engendered by police misconduct.
The AG does not seem wholly impervious to such criticism or lacking in understanding that his avowed tough-on-crime approach is viewed as threatening in select communities.
In fact, Politico notes that Sessions recently produced some “notable” comments in an address delivered before a largely minority audience, focused upon a matter he “rarely brings up.”
Namely, that is police on-the-job misconduct, which the AG conceded does occur when “bad officers” are allowed to operate without checks and balances for identifying, publicly acknowledging and punishing unlawful police behaviors.
Such behavior covers a lot of ground, of course, as amply evidenced by recurring news reports centered upon things like evidence tampering, illegal searches and seizures, acts of violence committed against citizens and additional actions.
Moreover, they occur in cases involving alleged drug possession, drunk driving, sex crimes and virtually every other conceivable criminal charge.
Undoubtedly, Sessions’ audience was pleased to hear the AG acknowledge the poisoning effect that bad cops can have on entire police departments.
As Politico points out, though, listeners might reasonably have been hoping to hear more, namely, Sessions’ concurrence that “some large police departments systematically violate the rights of individuals they encounter.”
What “Bad-Faith” Policing Actually Means in a Criminal Case
Outside of the political conversation, “bad faith” has a specific meaning in a courtroom. When police conduct a search, an interrogation, or an arrest, they are required to act within the boundaries the Fourth, Fifth, and Sixth Amendments set for law enforcement. A bad-faith claim generally argues that an officer knowingly or recklessly disregarded those boundaries, rather than making an honest mistake in a fast-moving situation.
Common categories of bad-faith or misconduct claims raised in Colorado criminal cases include:
- Illegal searches and seizures, where officers searched a person, vehicle, or home without a warrant or valid exception to the warrant requirement.
- Improper interrogation tactics, including continuing questioning after a suspect has invoked the right to remain silent or to counsel.
- Evidence handling problems, such as a broken chain of custody or evidence that was mishandled, lost, or altered.
Raising one of these issues does not automatically end a case, but it can lead a court to suppress evidence that was obtained improperly, which can significantly change what the prosecution is able to prove.
How a Bad-Faith Policing Claim Gets Raised in Court
A defense attorney typically raises these issues through a motion to suppress, asking the court to exclude evidence obtained through an unlawful search, an improper interrogation, or another constitutional violation. The court then holds a hearing where the defense presents evidence, often including body camera footage, dispatch records, and officer testimony, to show how the encounter actually unfolded.
Because these motions depend heavily on the specific facts of the stop, search, or interrogation, they require a detailed review of police reports and any available recordings well before a case goes to trial.
What to Do If You Believe Your Rights Were Violated During an Arrest
If you believe officers overstepped their authority during your arrest, a search, or an interrogation, that issue needs to be raised early in your case, not after a plea has already been entered. At Shazam Kianpour & Associates, P.C., we review the circumstances of every arrest and search in our clients’ cases and file suppression motions where the facts support one.
If you are facing criminal charges in Colorado and have concerns about how the investigation was conducted, contact our office to discuss your case with our team.
Frequently Asked Questions About Police Misconduct Claims
What does it mean to claim police acted in bad faith?
In a criminal case, a bad-faith claim generally argues that an officer knowingly or recklessly disregarded a person’s constitutional rights during a search, interrogation, or arrest, rather than making an honest mistake.
Can evidence be thrown out if police misconduct is found?
Yes, in some cases. If a court finds that evidence was obtained through an unlawful search or another constitutional violation, it may suppress that evidence, which can significantly affect what the prosecution can prove at trial.
How is a claim of police misconduct raised in a Colorado case?
It is typically raised through a motion to suppress, which asks the court to exclude evidence obtained through an unlawful search, seizure, or interrogation, followed by a hearing where the defense presents supporting evidence.
What kind of evidence supports a police misconduct claim?
Body camera footage, dispatch records, officer testimony, and the original police reports are commonly used to show how a stop, search, or interrogation actually unfolded.
When should a suppression issue be raised in a criminal case?
As early as possible. Suppression issues generally need to be raised before a plea is entered, so an attorney should review the circumstances of an arrest and search at the start of a case.
About the Attorney
Founding Attorney, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases across the Denver metro area, including cases involving unlawful searches and other police misconduct. He previously served as a Colorado State Public Defender and is a member of the Colorado Bar Association and the Colorado Criminal Defense Bar.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.