do cops lawyer up when internal affaird investigates

by Ubaldo Strosin DVM 10 min read

What happens when an officer is being investigated by internal affairs?

But occasionally the matter goes to the next level of the department and that involves an official investigation by the Internal Affairs Bureau. When an officer hears her matter is being investigated by IA, she usually has two reactions: fear and defensiveness.

What is the COPS Office doing to improve internal affairs work?

The agencies shared and developed standards and best practices in internal affairs work, discussed differences and similarities in practice, and looked at various approaches to improving their individual and collective agencies’ internal affairs practices. The COPS Office understands the importance of learning from the experience of others.

What is an analogy to an internal affairs investigation?

An analogy can be drawn to an internal affairs investigation. Many times it is the officer's complacency that contributes to his downfall. Officers become lax in their preparation and execution and then when IA comes around, the officer is not fully prepared to defend his actions.

Does your agency have a policy on Internal Affairs Conflicts of interest?

Agencies should have a policy to address any instance where Internal Affairs confronts a conflict of interest or believes that it cannot conduct an objective and unbiased investigation, such as when the agency head or Internal Affairs commander is the subject of the complaint.

How to defend against internal affairs?

The first steps in defending against an internal affairs investigation are taken before you leave headquarters. You must make sure you know the laws you are enforcing. In the academy you were probably exposed to the entire traffic code manual.

What is an internal affairs investigation?

An Internal Affairs Investigation. If you are a pro-active police officer, some citizen is someday going to lodge a complaint against you for something you did, something you failed to do, or something they think you did. Many times these complaints can be handled by your first level supervisor. This process usually requires your supervisor ...

What is the pre-patrol step for a citizen complaint?

Another pre-patrol step you can take in preparation for a citizen complaint is to have an articulable, defensible discretion equation in place. Discretion is widely recognized as a necessary element of the criminal justice system.

What happens if you have a number of complaints against you?

If you had a number of complaints against you, there is no doubt the detective will weigh that against you . Make sure that if you have a minimal number of complaints the detective considers that also.

What to do when an officer is contacted by the IA?

When an officer is first contacted by IA, the officer's initial reaction is to talk. Do yourself a favor and keep your mouth shut. Do not respond immediately. No matter what you are doing when you receive the phone call from IA, tell them you are too busy to talk and you will call them back in five minutes.

Why do police officers fear the IA process?

Officers fear the IA process because of stories - many actually urban myths - about how fellow officers have been treated unfairly by the IA detectives. This fear is exacerbated by the fact that the officer is on unfamiliar ground when being investigated by IA.

When you formulate your defense, do you formulate it from back to front?

When you formulate your defense, formulate it from back to front. Don't try to put unrelated information forward and expect it to come out as a cogent defense. It is better to anticipate your defense and speak only to that issue.

Who do internal affairs officers report to?

Due to the sensitive nature of this responsibility, in many departments, officers employed in an internal affairs unit are not in a detective command but report directly to the agency's chief, or to a board of civilian police commissioners. Internal affairs investigators are bound by stringent rules when conducting their investigations.

What is internal affairs?

Internal affairs (law enforcement) The internal affairs refers to a division of a law enforcement agency that investigates incidents and possible suspicions of law-breaking and professional misconduct attributed to officers on the force. It is thus a mechanism of limited self-governance, "a police force policing itself".

Why do police departments have citizen reviews?

Several police departments in the USA have been compelled to institute citizen review or investigation of police misconduct complaints in response to community perception that internal affairs investigations are biased in favor of police officers.

What is the responsibility of the Internal Affairs Unit to classify a complaint?

Promptly upon intake, it is the responsibility of the Internal Affairs unit to classify the complaint for purposes of determining where, when, and how the complaint will be investigated and resolved. It is helpful to classify complaints into either of two categories: criminal or administrative. A complaint that is criminal is investigated quite differently from a complaint that is administrative. Criminal misconduct may lead to prosecution and jail or prison. An administrative complaint may lead only to internal discipline or other corrective action.

What was the purpose of the National Internal Affairs Community of Practice Group?

The initial purpose of the National Internal Affairs group was to create an opportunity for major city police departments to come together in real time on an ongoing basis to share and develop standards and best practices in Internal Affairs work and share these products with the wider field of policing. In the end, the group learned considerably more. The group consisted of 12 major city and county police agencies in the United States. Many other agency1 representatives and advisors contributed ideas and the dialog that ultimately shaped this document.

Why should every complaint from the public be received and evaluated?

Each agency should require that every complaint from the public be received and evaluated to determine the nature of the agency’s response to the complaint. Because complaints can literally be anything from irrational statements to clear reports of criminal corruption, intelligent evaluation of each complaint at intake is crucial.

What is the COPS OCE?

Since 1996, and as part of our mission, the Oce of Community Oriented Policing Services (the COPS Oce) has been supporting law enforcement agencies in a variety of initiatives and programs to create or strengthen local programs that help agencies build trust with the communities they are sworn to serve and protect. The COPS Oce seeks to create the community policing environments that develop or improve that trust and mutual respect and ensure equal treatment for all citizens.

Is excessive force a criminal complaint?

Questions arise whether complaints of excessive or unnecessary force must always be dealt with as a criminal complaint. A suggestion for a resolution of the question is that a complaint that alleges or suggests that an ocer’s use of force was willfully, intentionally, recklessly, or knowingly excessive or unreasonable should be classified and investigated as a criminal complaint. Some agencies have negotiated agreements over what complaints need to be prosecuted or presented to prosecutors for a decision on prosecution. It is recommended that each agency establish an explicitly codified protocol for the presentation of cases for potential prosecution. Any doubt or uncertainty with respect to a criminal classification should be resolved in consultation with the District Attorney or other local prosecutor.

What is the internal affairs department?

Internal Affairs is a division within the police department responsible for investigating misconduct by police officers and other law enforcement staff. Complaints by the public and other employees should be reported to the Internal Affairs department for investigation.

What is the role of an internal police auditor?

The sole responsibility of this organization is to look into allegations of misconduct by law enforcement officers. Along with government agencies, many cities employ independent police auditors in an effort to ensure complaints are dealt ...

What to do if police are improper?

In the event of improper behavior, the public is encouraged to contact the police auditor for their jurisdiction and file a complaint. This can be done in addition to or instead of filing a complaint with Internal Affairs.

What are some examples of misconduct by law enforcement?

Misconduct by law enforcement can also include theft, false arrest, deliberate indifference to medical needs, placing a person in custody despite the risk of harm, or inappropriate sexual behaviors. Bribery, financial crimes, and obstruction of justice by law enforcement officials are also examples of reportable offenses. ...

What is the FBI?

In the United States, the Federal Bureau of Investigation (FBI) is one agency responsible for investigating police corruption. In fact, the FBI looks into public corruption at the federal, state and local levels. This misconduct can be by any public official, including law enforcement officers. In addition, most police departments have a group ...

Why are police officers important?

Police officers provide a vital service – enforcing laws and helping keep the public safe. In the vast majority of instances, law enforcement officials mean well and have been trained adequately so that they can carry out their duties properly and ethically. However, police corruption does exist.

What is the purpose of police officers?

Police officers are public servants sworn to protect and serve. If you have any reason to believe a law enforcement official has not upheld her oath of duty, contact her agency immediately and ask to speak with a representative from Internal Affairs, or contact your local Independent Police Auditor.