Police Misconduct Complaint Investigations Manual

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Acknowledgments
Preface to the Second Edition
1 Introduction
TEXTBOXES
Police Killing of George Floyd—A Call For Transformation
The Rodney King Case—the Need for Reform, Including Changes to the Complaint Investigation and Discipline Systems
2 Complaint Intake and the Initial Assessment Process
A. Is This the Proper Place to Resolve the Complaint?
B. Administrative Complaints—Intake Process
1. Accepting Misconduct Complaints
2. Types of Allegations Raised in Misconduct Complaints
3. Conducting the Intake Interview
4. Establishing Officer Identification
5. Developing an Investigative Plan
6. Conducting the Preliminary Investigation
7. Preliminary Steps for Investigating Allegations of Bodily Injury
C. Defining Allegations and Assessing the Underlying Incident for Additional Claims
D. Investigative Timelines, Communicating with Complainants and Officers, and Complaint Tracking
1. Investigative Timelines
2. Communicating with Complainants and Officers
3. Tracking Systems
E. Mediation/Alternative Dispute Resolution Options
TEXTBOXES
Complaint Investigation Overview
Handling High Profile Incidents
Complaint Verification
Complaints That May Require Prioritization
Pending Criminal Charges
Retaliation Should Be Explicitly Prohibited
Conducting an Officer Photo Lineup
Off-Duty Conduct
Mediation Considerations
3 Complaint Classification and the Investigation Process
A. Complaints Classified for Investigation
B. Organizational Tools: Investigation Plan and Witness/Evidence Matrix
1. Allegation Review
2. Identifying Individuals to Interview
3. Identifying and Collecting Documentary/Physical Evidence
4. Milestones and Timelines
C. Witness Interview Strategies and Techniques
1. Determining the Order and Timing of Interviews
2. Interview Preparation Considerations—Documents and Topics to Cover
3. Conducting Investigations or Interviews with a Primary and Secondary Investigator
4. Administrative and Legal Issues Specific to Interviewing Law Enforcement Witnesses
5. Interviewing Non-Law Enforcement Witnesses
6. Recording the Interview
7. Setting the Tone and Introductory Remarks
8. Asking Proper Questions to Elicit Authentic and Complete Statements
9. Leading versus Non-Leading Questions
10. Establishing a Clear and Complete Record of the Interview
11. Concluding the Interview
D. Completing the Investigation—Reviewing the Investigation Plan
TEXTBOXES
Referral of Minor Complaints to Police Supervisors
Investigative Supervision
Witness/Evidence Matrix
Subject Matter Experts
Handling Conflict of Interest Situations
Non-Leading versus Leading Questions
4 Finalizing the Investigation: Evaluating Evidence, Determining Findings, Making Recommendations, Report Writing, and Complaint Closure
A. Standard of Review
B. Evaluating Evidence and Making Credibility Determinations
C. Investigation Findings
D. Summarizing the Evidence and Completing the Investigative Report
E. Recommendations Stemming from Issues Discovered During Complaint Investigations
F. Supervisory Review of Completed Investigations
G. Discipline and Other Corrective Action
H. Complaint Closure: File Organization Review, Notification to Parties, and Transmission of Case Records
I. Data Collection
TEXTBOXES
Preponderance of the Evidence
Changes Recommended Although Allegations Not Proven Against Oc ffi er Who Shot Michael Brown Jr
Complaint Closure
5 Special Issues in Investigating or Reviewing Police Misconduct Complaints
A. Concurrent Administrative Investigations
B. Complaints of Potential Civil Rights Violations or Other Claims
C. Complaints Involving Potential Criminal Misconduct
D. Complaints Involving Equal Employment Opportunity Matters
E. Complaints Alleging Biased Policing
F. Complaints Involving Social Media Postings by Officers
G. Video/Audio Complaint Evidence from In-Car and Body Cameras
H. Complaints Related to Demonstrations and Other Large Events
I. Critical Incident Roll Out
J. Regular Review of Claims and Litigation for Misconduct Issues
K. Technological Advances
TEXTBOXES
Oversight Involvement in Complaint Adjudication
Peer Intervention Can Save Lives and Careers
Timing Discipline with the Criminal Investigation
Police Interactions with Transgender, Non-Binary, and Gender Non-Conforming People
The Role of Video and Audio Recordings in the Laquan McDonald Case
Officer Identification
6 Reporting Out—Statistics, Recommendations, and More
A. Statistical Reports
B. Examples of Data and Issues to Track
1. Complaint Demographics and Investigation Issues
2. Use of Force-Related Tracking Issues
3. Search-Related Tracking Issues
4. Additional Topics for Tracking
C. Reporting on Policy and Training Recommendations
D. Use of Reports to Illustrate the Investigation Process
TEXTBOXES
Make Statistics Relevant
Jurisdiction Specific Tracking
Monitoring Policy and Training Changes—Lessons from Eric Garner’s Death
7 Personnel and Training Considerations
A. Investigation Skills Training
1. Misconduct Investigation Basics
2. Law Enforcement Department Standards and Procedures
3. Transparency and Accountability for the Investigative Office
B. Training Resources
C. Examples of Legal Issues Relevant to Police Misconduct Investigations
1. Use of Force
2. Stops, Searches, and In-Custody Questioning
3. Misconduct Complaint Investigation Procedures
4. Disclosure of Investigation Materials for Criminal Proceedings
TEXTBOXES
The Changing Legal Landscape
The Development of Higher Use of Force Standards
A Challenge to NYPD’s Stop and Frisk Practices
Law Enforcement Questioning of Juveniles
8 Administrative Operations
A. Information About the Investigative Office and Accessibility
B. Stakeholder Outreach
C. Confidentiality
D. Conflict of Interest
E. Code of Ethics and Unbiased Treatment
F. Non-Retaliation
G. Organizing and Securing Complaint Files and Documentation
H. Retention and Public Disclosure of Complaint Files
I. Legal Counsel
J. Investigative Office Evaluations
TEXTBOX
Develop a Mission Statement
9 Civilian Oversight of Law Enforcement
A. Oversight in the United States
B. Models and Functions of Oversight
C. Components Contributing to Successful Oversight
1. Independent and Diverse
2. Political Will—Support of and Access to Government Officials
3. Ample Authority
4. Adequate Funding
5. Training and Qualifications for Effective Oversight
6. Garnering Community/Stakeholder Support and Outreach
D. Research on Civilian Oversight and Complaint Investigations
E. The National Association for Civilian Oversight of Law Enforcement (NACOLE)
1. Core Competencies
2. Code of Ethics
3. NACOLE Credential and Qualification Standards
TEXTBOX
National Association for Civilian Oversight of Law Enforcement (NACOLE)
10 Conclusion
References
Index