Showing posts with label CONSTITUTIONAL RESPECT BY POLICE OFFICERS. Show all posts
Showing posts with label CONSTITUTIONAL RESPECT BY POLICE OFFICERS. Show all posts
Friday, March 2, 2012
POLICE OFFICER ARRESTED ON FEDERAL CIVIL RIGHTS AND OBSTRUCTION CHARGES
The following excerpt is from the Department of Justice website:
Thursday, March 1, 2012
“WASHINGTON – A Ripley, Tenn., police officer was arrested today on federal civil rights and obstruction of justice charges, the Justice Department announced. Stephen Michael Kirkpatrick, 47, was indicted on two counts of violating the victim’s rights to be free from unreasonable searches and seizures and the use of unreasonable force by a person acting under color of law and one count of obstruction of justice. The indictment was returned by a federal grand jury in the Western District of Tennessee on Tuesday.
The indictment alleges that on May 17, 2011, while acting as a police officer, Kirkpatrick assaulted and choked an unnamed victim, identified only as “C.B.S.,” resulting in the victim suffering bodily injury. The obstruction count alleges that on or about May 24, 2011, Kirkpatrick knowingly attempted to corruptly persuade a person, identified only as “J.I.N.,” in an official proceeding.
If convicted, the defendant faces a maximum penalty of 10 years in prison and a $250,000 fine on the civil rights counts and a maximum penalty of 20 years and a $250,000 fine on the obstruction count.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the Memphis, Tenn., division of the FBI. It is being prosecuted by Assistant U.S. Attorney Jonathan Skrmetti of the Western District of Tennessee and Trial Attorney Ryan Murguía of the Criminal Section of the Civil Rights Division of the Department of Justice.”
Friday, December 16, 2011
JUSTICE DEPARTMENT SAYS SEATTLE POLICE DEPARTMENT HAS USED EXCESSIVE FORCE AND VIOLATED FEDERAL LAW
The following excerpt is from the Department of Justice website:
December 16, 2011
“WASHINGTON – Following a comprehensive investigation, the Justice Department today announced its findings that the Seattle Police Department (SPD) has engaged in a pattern or practice of excessive force that violates the Constitution and federal law. A letter detailing the findings was delivered to Seattle Mayor Michael McGinn and Police Chief John Diaz.
The investigation, launched on March 31, 2011, and conducted by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Western District of Washington, focused on whether SPD engages in unconstitutional or unlawful policing through either (1) the use of excessive force or (2) discriminatory policing. The Justice Department found reasonable cause to believe that SPD engages in a pattern or practice of excessive force, in violation of the Fourth Amendment of the U.S. Constitution and the Violent Crime Control and Law Enforcement Act of 1994. The Justice Department does not make a finding that SPD engages in a pattern or practice of discriminatory policing, but the investigation raised serious concerns that some of SPD’s policies and practices, particularly those related to pedestrian encounters, could result in unlawful discriminatory policing. These practices undermine SPD’s ability to build trust among segments of Seattle’s diverse communities.
The Justice Department’s investigation involved an in-depth review of SPD documents, as well as extensive community engagement. The department reviewed thousands of pages of documents, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files. Justice Department attorneys and investigators also conducted interviews with SPD officers, supervisors and command staff, and city officials; and conducted hundreds of interviews with community members and local advocates.
Throughout the investigation, the Justice Department provided feedback and technical assistance to SPD, and in response, SPD has already begun to implement a number of remedial measures. To create lasting reform, SPD must continue to develop and implement new force policies and protocols, and to train its officers on how to conduct effective and constitutional policing. In addition, SPD must implement systems that ensure accountability, foster police-community partnerships, and eliminate unlawful bias.
“Our investigation has revealed that inadequate systems of supervision and oversight have permitted systemic use of force violations to persist at the Seattle Police Department,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Our findings should serve as a foundation to reform the police department and to help restore the community’s confidence in fair, just and effective law enforcement. The problems within SPD have been present for many years and will take time to fix, but we look forward to continuing our positive partnership with the people of Seattle, Mayor Michael McGinn, Police Chief John Diaz, and his officers to create and implement a comprehensive blueprint for sustainable reform.”
“The solution to the problems identified within the Seattle Police Department will require strong and consistent leadership along the chain of command, effective training and policies, and vigilant oversight,” said Jenny A. Durkan, U.S. Attorney for the Western District of Washington. “This investigation and its findings provide a clear path forward. Ongoing efforts by the city and department to address these findings will not only ensure that obligations under the Constitution are met, but will improve public confidence in the department and enhance its ability to serve the people of Seattle.”
Based on a randomized, stratified and statistically valid sample of SPD’s use of force reports from Jan. 1, 2009, to April 4, 2011, factual findings include:
When SPD officers use force, they do so in an unconstitutional manner nearly 20 percent of the time;
SPD officers too quickly resort to the use of impact weapons, such as batons and flashlights. When SPD officers use batons, 57 percent of the time it is either unnecessary or excessive;
SPD officers escalate situations, and use unnecessary or excessive force, when arresting individuals for minor offenses. This trend is pronounced in encounters with persons with mental illnesses or those under the influence of alcohol or drugs. This is problematic because SPD estimates that 70 percent of use of force encounters involve these populations.
The Justice Department also found that a number of long-standing and entrenched deficiencies have caused or contributed to these patterns or practices of unlawful or troubling conduct, including the following:
Deficiencies in oversight, policies and training with regard to when and how to (1) use force, (2) report uses of force and (3) use many impact weapons (such as batons and flashlights);
Failure of supervisors to provide oversight of the use of force by individual officers, including appropriate investigation and review of uses of force (notably, among the approximately 1,230 use of force reports from January 2009 to April 2011, only five were referred for “further review” at any level within SPD);
Ineffective systems of complaint investigation and adjudication;
An ineffective early intervention system and disciplinary system;
Inadequate policies and training with regard to pedestrian stops and biased policing; and
A failure to collect adequate data to assess biased policing allegations.
Resolution of these findings will require a written, court-enforceable agreement that sets forth remedial measures to be taken within a fixed period of time.
This investigation was conducted jointly by the Special Litigation Section of the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Washington, with the assistance of law enforcement professionals, including former police chiefs.”
Tuesday, September 13, 2011
DOJ ASSISTANT ATTORNEY ANNOUNCES FINDINGS OF INVESTIGATION OF THE PUERTO RICO POLICE DEPARTMENT
The following is an excerpt from the Department of Justice website:
“Assistant Attorney General Thomas E. Perez Speaks at the Press Conference to Announce PRPD Investigative Findings
San Juan, Puerto Rico ~ Thursday, September 8, 2011
Thank you for joining us. We are here to discuss the results of our three year investigation of the Puerto Rico Police Department.
In July 2008, the Justice Department began its investigation of the Puerto Rico Police Department with a simple mission – to ensure that Puerto Rico has a police force that reduces crime, respects the Constitution, and earns the confidence of the public it is charged with protecting. These three goals are the guidepost for all of our police reform efforts.
Our investigation has been independent, exhaustive and inclusive. Our attorneys and investigators, led by Luis Saucedo, conducted extensive interviews with command staff and rank-and-file officers; participated in ride-alongs with officers and supervisors; attended training courses at the police academy; and reviewed thousands of pages of documents. We also met with and interviewed external stakeholders, including community members and local civil rights organizations.
Throughout the process, we provided real time feedback to the Department and to the administration. For instance, on three separate occasions in 2008 and 2009, we outlined our serious concerns in writing. In September 2010, the team briefed Governor Fortuño on the status of our investigation. He listened carefully, and his administration has been very cooperative. Thank you Governor for providing unfettered access to the Department.
We have now completed our investigation, and today we are releasing our 116 page findings report.
In short, the PRPD is broken in a number of critical ways. The problems are wide ranging and deeply rooted in the department’s culture. The vast majority of the problems we identified have existed for many years, long before the current administration assumed office.
As outlined in our findings report, we found reasonable cause to believe that PRPD engages in a pattern and practice of unconstitutional and/or unlawful conduct in three areas.
We found that officers often use unnecessary and unreasonable force, including deadly force, in the course of arresting or detaining individuals who pose little, if any, risk of harm, or who offer minimal resistance. Officers also use excessive physical force in response to perceived verbal slights or continue using force after an individual stops resisting.
We found that officers use unreasonable force and engage in other misconduct designed to suppress the exercise of First Amendment rights. PRPD’s reliance on indiscriminate and unreasonable force to suppress protected speech instills fear in individuals, and discourages future actions protected by the First Amendment.
We found that officers conduct unconstitutional searches of civilians’ homes without warrants or consent. Officers all too often plant evidence during searches, rely on excessive force and intimidation as search aids, and proceed with searches even when knowing that the address, identity of the individual, or other pertinent information is incorrect. Officers also regularly detain and arrest individuals without reasonable suspicion or probable cause, in violation of the Fourth Amendment.
In addition to these formal findings, our investigation uncovered other deficiencies of serious concern. In particular, we uncovered troubling evidence that PRPD frequently fails to properly investigate and report sex crimes and incidents of domestic violence, including crimes committed b police officers themselves, and that the department engages in discriminatory policing practices that target individuals of Dominican descent. At this time, we do not make a formal finding of a pattern and practice violation in these areas, in part because PRPD does not adequately collect data to evaluate these issues. But we are concerned that these deficiencies point to a lack of basic systems of accountability to ensure that all individuals are treated equally by police offices, regardless of race, ethnicity, national origin, or sex.
We also conclude in our report that there are a number of critical underlying deficiencies that are root causes of the pattern and practice violations, and other areas of concerns that we found.
We found that policies fail to guide officers on lawful policing practices, such as use of force and searches.
We found that pre-service field training is insufficient, and in-service training is virtually non-existent.
We found that there is no external oversight of officer standards and training.
We found that tactical units have been allowed to develop violent subcultures.
Supervision is lacking, discipline is seriously deficient, and internal investigations take years to complete.
The Department also lacks sufficient early warning systems and other accountability tools designed to identify officers with potential for problem behaviors.
We are well aware that the Puerto Rico Police Department faces significant challenges as Puerto Rico’s primary law enforcement agency. Violent crime rates have escalated in recent years, and last year Puerto Rico saw the second highest number of murders in its history. There have been 786 murders thus far this year. If this pace continues, there will be over 1,000 murders. There are some who believe we must either control crime by any means necessary, or protect people’s rights under the Constitution, but we cannot do both. I categorically reject this false choice. The PRPD cannot use rising crime to justify systemic violations of the law and the Constitution. An effective law enforcement agency must have the trust and cooperation of the community it is charged with protecting – a police department cannot gain trust without respecting the Constitutional rights of the people in the community.
In order to gain the trust of the community and improve public safety, PRPD will have to address a series of long-standing and entrenched systemic deficiencies that we uncovered in the course of our investigation, which have allowed unlawful and unconstitutional practices to become commonplace.
Now that I have outlined our findings, let me discuss where we go from here. We will take the Report, and we will continue our active engagement with Governor Fortuño, key stakeholders in the community, the police department, and others across the Island in order to transform the Report into a comprehensive enforceable blueprint for sustainable reform
We will continue to actively engage all stakeholders in the process of developing and implementing a comprehensive blueprint for sustainable reform that will reduce crime, ensure respect for the Constitution, and restore public confidence in PRPD. For this reform to be sustainable, it must not only be informed by the views of the people of Puerto Rico, but over seen by civic institutions. We are committed to making this process transparent and building civilian oversight capacity which will be necessary to sustain reforms after our role has ended.
We had a very productive meeting with Governor Fortuño yesterday. We discussed our findings, and heard from the Governor about measures he has taken thus far to address the challenges confronting PRPD. I would rather fix the problem than fix the blame, and I believe Governor Fortuño agrees. The bulk of the problems predate this administration, but this Governor is accountable for addressing them, and has readily acknowledged this in meetings.
We hope to continue working in a collaborative fashion with Governor Fortuño, rather than engaging in contested litigation, in crafting the blueprint for sustainable reform. However, we will not hesitate to enter litigation if we are not able to reach an agreement that produces sustainable reform.
Reforming PRPD will not be easy. Nor will reform come quickly. Culture change never occurs overnight. The Department of Justice will remain actively engaged for as long as necessary to ensure sustainable reform.
In closing, I would like to address two key sets of stakeholders who play a critical role in reforming this police department. To the men and women of the PRPD, I look forward to continuing to hear your ideas. The heroic actions of so many hardworking, law abiding officers have been overshadowed by the misdeeds of others, and the systematic deficiencies that have created a crisis of public confidence. Fixing the problems will make your job easier and more rewarding. To the people of Puerto Rico, we are here for as long as it takes to assist in building a police force that you deserve. Failure is not an option, but sustainable reform is only possible with your continued engagement.”
“Assistant Attorney General Thomas E. Perez Speaks at the Press Conference to Announce PRPD Investigative Findings
San Juan, Puerto Rico ~ Thursday, September 8, 2011
Thank you for joining us. We are here to discuss the results of our three year investigation of the Puerto Rico Police Department.
In July 2008, the Justice Department began its investigation of the Puerto Rico Police Department with a simple mission – to ensure that Puerto Rico has a police force that reduces crime, respects the Constitution, and earns the confidence of the public it is charged with protecting. These three goals are the guidepost for all of our police reform efforts.
Our investigation has been independent, exhaustive and inclusive. Our attorneys and investigators, led by Luis Saucedo, conducted extensive interviews with command staff and rank-and-file officers; participated in ride-alongs with officers and supervisors; attended training courses at the police academy; and reviewed thousands of pages of documents. We also met with and interviewed external stakeholders, including community members and local civil rights organizations.
Throughout the process, we provided real time feedback to the Department and to the administration. For instance, on three separate occasions in 2008 and 2009, we outlined our serious concerns in writing. In September 2010, the team briefed Governor Fortuño on the status of our investigation. He listened carefully, and his administration has been very cooperative. Thank you Governor for providing unfettered access to the Department.
We have now completed our investigation, and today we are releasing our 116 page findings report.
In short, the PRPD is broken in a number of critical ways. The problems are wide ranging and deeply rooted in the department’s culture. The vast majority of the problems we identified have existed for many years, long before the current administration assumed office.
As outlined in our findings report, we found reasonable cause to believe that PRPD engages in a pattern and practice of unconstitutional and/or unlawful conduct in three areas.
We found that officers often use unnecessary and unreasonable force, including deadly force, in the course of arresting or detaining individuals who pose little, if any, risk of harm, or who offer minimal resistance. Officers also use excessive physical force in response to perceived verbal slights or continue using force after an individual stops resisting.
We found that officers use unreasonable force and engage in other misconduct designed to suppress the exercise of First Amendment rights. PRPD’s reliance on indiscriminate and unreasonable force to suppress protected speech instills fear in individuals, and discourages future actions protected by the First Amendment.
We found that officers conduct unconstitutional searches of civilians’ homes without warrants or consent. Officers all too often plant evidence during searches, rely on excessive force and intimidation as search aids, and proceed with searches even when knowing that the address, identity of the individual, or other pertinent information is incorrect. Officers also regularly detain and arrest individuals without reasonable suspicion or probable cause, in violation of the Fourth Amendment.
In addition to these formal findings, our investigation uncovered other deficiencies of serious concern. In particular, we uncovered troubling evidence that PRPD frequently fails to properly investigate and report sex crimes and incidents of domestic violence, including crimes committed b police officers themselves, and that the department engages in discriminatory policing practices that target individuals of Dominican descent. At this time, we do not make a formal finding of a pattern and practice violation in these areas, in part because PRPD does not adequately collect data to evaluate these issues. But we are concerned that these deficiencies point to a lack of basic systems of accountability to ensure that all individuals are treated equally by police offices, regardless of race, ethnicity, national origin, or sex.
We also conclude in our report that there are a number of critical underlying deficiencies that are root causes of the pattern and practice violations, and other areas of concerns that we found.
We found that policies fail to guide officers on lawful policing practices, such as use of force and searches.
We found that pre-service field training is insufficient, and in-service training is virtually non-existent.
We found that there is no external oversight of officer standards and training.
We found that tactical units have been allowed to develop violent subcultures.
Supervision is lacking, discipline is seriously deficient, and internal investigations take years to complete.
The Department also lacks sufficient early warning systems and other accountability tools designed to identify officers with potential for problem behaviors.
We are well aware that the Puerto Rico Police Department faces significant challenges as Puerto Rico’s primary law enforcement agency. Violent crime rates have escalated in recent years, and last year Puerto Rico saw the second highest number of murders in its history. There have been 786 murders thus far this year. If this pace continues, there will be over 1,000 murders. There are some who believe we must either control crime by any means necessary, or protect people’s rights under the Constitution, but we cannot do both. I categorically reject this false choice. The PRPD cannot use rising crime to justify systemic violations of the law and the Constitution. An effective law enforcement agency must have the trust and cooperation of the community it is charged with protecting – a police department cannot gain trust without respecting the Constitutional rights of the people in the community.
In order to gain the trust of the community and improve public safety, PRPD will have to address a series of long-standing and entrenched systemic deficiencies that we uncovered in the course of our investigation, which have allowed unlawful and unconstitutional practices to become commonplace.
Now that I have outlined our findings, let me discuss where we go from here. We will take the Report, and we will continue our active engagement with Governor Fortuño, key stakeholders in the community, the police department, and others across the Island in order to transform the Report into a comprehensive enforceable blueprint for sustainable reform
We will continue to actively engage all stakeholders in the process of developing and implementing a comprehensive blueprint for sustainable reform that will reduce crime, ensure respect for the Constitution, and restore public confidence in PRPD. For this reform to be sustainable, it must not only be informed by the views of the people of Puerto Rico, but over seen by civic institutions. We are committed to making this process transparent and building civilian oversight capacity which will be necessary to sustain reforms after our role has ended.
We had a very productive meeting with Governor Fortuño yesterday. We discussed our findings, and heard from the Governor about measures he has taken thus far to address the challenges confronting PRPD. I would rather fix the problem than fix the blame, and I believe Governor Fortuño agrees. The bulk of the problems predate this administration, but this Governor is accountable for addressing them, and has readily acknowledged this in meetings.
We hope to continue working in a collaborative fashion with Governor Fortuño, rather than engaging in contested litigation, in crafting the blueprint for sustainable reform. However, we will not hesitate to enter litigation if we are not able to reach an agreement that produces sustainable reform.
Reforming PRPD will not be easy. Nor will reform come quickly. Culture change never occurs overnight. The Department of Justice will remain actively engaged for as long as necessary to ensure sustainable reform.
In closing, I would like to address two key sets of stakeholders who play a critical role in reforming this police department. To the men and women of the PRPD, I look forward to continuing to hear your ideas. The heroic actions of so many hardworking, law abiding officers have been overshadowed by the misdeeds of others, and the systematic deficiencies that have created a crisis of public confidence. Fixing the problems will make your job easier and more rewarding. To the people of Puerto Rico, we are here for as long as it takes to assist in building a police force that you deserve. Failure is not an option, but sustainable reform is only possible with your continued engagement.”
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