Citizen’s Complaints
Illusion
Police are required to investigate citizen's complaints of police misconduct.
The Real World
Well, not really, CA Penal Code (PC 832.5) requires that the law enforcement agency make available to any person on request their methods for dealing with citizen's complaints.
It is seen that the San Diego County Sheriff has refused to conduct any investigation into crimes reported to them that have been committed by their deputies (felony assault being just one of over 50 criminal violations). It is a very simple concept: refuse to investigate and you completely avoid dealing with the embarrassment of uncovering misconduct and criminal cops.
If you do happen to get a law enforcement agency to address your complaint, you must understand their priorities as cops and employees of this agency:
1. Protect yourself and your career first
2. Protect your fellow cop
3. Protect the department
4. Somewhere down the line following the requisite steps to maintain the "Blue wall of silence" may actually be addressing the citizen's complaint.
To make things much more frightening for the citizen, we have in our possession a document by the head of SDPD Internal Affairs in his arguments to refuse to turn over any records they hold that may cast any doubt on the SDPD version of an attack on the citizen. This document, filed in U.S. District Court San Diego states that SDPD as policy and practice will "Immunize" officers from criminal prosecution for crimes admitted by officers in trade for the officers' "Total honesty" for the IA investigators. Kind of GODlike to prevent criminal cops, by policy from being held accountable for crimes committed against other citizens. This document will be scanned and made available here.
With these conflicts of priorities, it is virtually impossible for a law enforcement agency to conduct an honest investigation of itself. Experience shows that the "Internal investigation" is more like a session to cover up what they can and prepare the complained-about cops for defense of legal action that may be taken against them in the civil arena. You will almost never see the police have criminal charges brought against one of their own. Just hit the Bob Mullally link on the home page.
Look at the statistics regarding official citizen's complaints> found on the California Attorney General's web page. You need to dig to find this information, this is from 1981 - 1999.
What this shows is that, although the citizen has filed his/her complaint and signed under penalty of perjury, there is a very low percentage of misconduct complaints that go anywhere, they are quashed within the local law enforcement agency if at all possible. Note also that very possibly the results sent to the CA DOJ from the local law enforcement agencies are warped or incomplete.
It is the position of It's For the Kids that citizens complaints of police/prosecutor misconduct should go directly to a subset of the Grand Jury that is independent of police/prosecutor interference, for investigation and action.
The police will regularly threaten to sue you if you if you tell them that you intend to file a citizen's complaint and, even though ruled in Federal District Court Santa Ana in California that this was unconstitutional, the police regularly use this practice to intimidate citizens suffering police abuse. They still use the tactic of threatening lawsuit if you complain about their actions.
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We were notified by a friend of iftk that the 9th Circuit Court of Appeals held the District Court decision that the police cannot sue you for filing a citizen's complaint. On a perusal of the case, it is seen that this does not appear to be the case: 9th Circuit Home Page ,opinions, June 2001, GRITCHEN v COLLIER, docket # 99-56940.
This is very shaky ground and considered by us to be a loss for the citizen. Despite the California constitution provision that no law be enacted to provide privilege to one group of citizens over another, California Civil Code 47.5 appears to violate this. Look it over, tell us if we appear to be either right or wrong. Write your State Representatives. Send us a copy of your letter if it is ok to provide it as an example here.
CALIFORNIA CONSTITUTION ARTICLE 1 SEC. 7. (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.
We are not for frivolous lawsuits by any party. It becomes very troublesome that the police, who control all records and evidence, control disclosure of witnesses, proven to be willing to tamper with those records and evidence, appear to be supported by internal entities in the endeavor to tamper to protect the facade of honesty and integrity on the part of the department(s), be able to launch frivolous lawsuits against citizens in retaliation for filing legitimate citizens' complaints.
If you have even the most remote thought of filing a complaint or lawsuit, bite your lip and tongue and whatever you must do to FORCE YOURSELF TO SHUT UP, do not threaten to sue because it just gives them advance notice to prepare their lies and alter/obstruct/destroy evidence. Be cool despite the fact that the police will be trying to agitate you into doing something stupid. Police will curse you, hit you with racial or sexual slurs, spit in your face, do anything they can think of to agitate you into "Attacking" them so they have an excuse to beat you up, this is the unadvertised benefits for police: have great fun beating up people and insist on immunity for your actions.
Insist on and maintain your right to remain silent, the magic words are: "I wish to remain silent, I wish to have an attorney". You have a year to file a federal civil rights action, go off and gather all the information you possibly can. The first indication that you must give them is when the process server sets the papers in their hand This must immediately be followed by a subpoena for any docments or information they possess.
You have the right as a citizen to have a copy of any police report. Once an arrest is made this becomes public record (this is the big reason that the police hide crimes in internal files). It likely will cost you a few dollars. Wait a couple weeks after the incident then get a copy of the report before sending in your Citizen's complaint. Get another copy following the end of the police internal investigation. If you go as far as filing a lawsuit you will get another copy of the report provided as part of the discovery process. You will be amazed at the changes that take place in the official reports as you proceed through these steps and it is less than humorous to see that all of these reports are dated to indicate they were filed immediately after the incident. Just try to get a time log of when these reports became part of the official file.
Remember that cops know the ways of crooks and willingly utilize these methods when it is to their advantage.