335-5 civil rights investigations

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Questions and Answers

Under what circumstances will the identity of a member reporting a potential civil rights violation be disclosed?

To all agencies involved in the investigation

Only with the consent of the reporting member

When disclosure is necessary due to exceptional circumstances (correct)

When the Department receives a court order or subpoena

Which agency will be notified when the Department receives notification of a possible civil rights violation caused by a member?

Federal Bureau of Investigation (FBI), Jackson County Prosecuting Attorney’s Office, and United States Attorney’s Office, Western District of Missouri (correct)

Federal Bureau of Investigation (FBI) and Jackson County Prosecuting Attorney’s Office

Cass County and Clay County

United States Attorney’s Office, Western District of Missouri and Platte County

Who is the Department's point of contact for notifications of alleged civil rights violations?

Chief of the Investigations Bureau

Lieutenant of the Administrative Services

Deputy Chief of the Investigations Bureau (correct)

Captain of the Patrol Division

What determines which agency will be the lead agency in an investigation of a civil rights violation?

The involved agencies will determine collectively Signup and view all the answers

Under what circumstances can records regarding the incident and/or personnel records regarding the member be disclosed outside of the Department?

All of the above Signup and view all the answers

What is the procedure when the Department is notified of an alleged civil rights violation in a county without an MOU?

The Department will report the violation to the appropriate county agency Signup and view all the answers

What is the role of all involved agencies during the investigation and prosecution of a civil rights violation?

All involved agencies will work collectively during the investigation and prosecution Signup and view all the answers

Which counties do not have an MOU with the Department for reporting civil rights violations?

Platte, Cass, and Clay Counties Signup and view all the answers

What is the primary purpose of civil rights investigations pursuant to 18 U.S.C. Section 242?

To investigate criminal violations of civil rights Signup and view all the answers

What is an example of a civil rights violation under 18 U.S.C. Section 242?

A police officer using excessive force during an arrest Signup and view all the answers

What is not a requirement for a civil rights violation to occur under 18 U.S.C. Section 242?

A racial, religious, or other discriminatory motive must exist Signup and view all the answers

What is the consequence of a police officer willfully failing to keep an individual from harm caused by another officer?

The officer has committed a civil rights violation Signup and view all the answers

Which of the following is a civil rights violation under 18 U.S.C. Section 242?

False arrest Signup and view all the answers

What is the primary focus of investigations under 18 U.S.C. Section 242?

Criminal violations of civil rights Signup and view all the answers

Which of the following is not an example of a civil rights violation under 18 U.S.C. Section 242?

Traffic violation Signup and view all the answers

What is the legal standard for excessive force in a civil rights violation under 18 U.S.C. Section 242?

Objective unreasonableness Signup and view all the answers

What is the primary purpose of this written directive?

To ensure cooperation among agencies in handling alleged civil rights violations Signup and view all the answers

What is the definition of 'Color of Law' in the context of civil rights investigations?

An official action taken by an individual acting under the authority of local, state, or federal law Signup and view all the answers

Which of the following is referenced in the policy as a guiding authority?

USC Title 18, Section 242 Signup and view all the answers

What is the purpose of the internal Department notification process?

To notify Department members who become subjects of a civil rights investigation Signup and view all the answers

What is the outcome of the investigation process outlined in the policy?

Prosecutorial decision, regardless of which agency receives the initial notice Signup and view all the answers

Which of the following agencies is involved in the Memorandum of Understanding (MOU) referenced in the policy?

US Attorney's Office, Jackson County Prosecuting Attorney's Office, and the Federal Bureau of Investigation Signup and view all the answers

What happens to the original notification document after it is signed and dated?

It is retained by the OGC Signup and view all the answers

Under what circumstances may exceptions be made to notifying the subject member and/or Bureau Commander?

In unusual circumstances, such as an ongoing covert investigation Signup and view all the answers

What is the result of the policy's revision of the original 'Internal Affairs Investigations' policy?

The rescinding of the original 'Internal Affairs Investigations' policy Signup and view all the answers

What is the relationship between the Board of Police Commissioners and the Fraternal Order of Police, as outlined in the policy?

They have a Memorandum of Agreement (MOA) for internal affairs investigations Signup and view all the answers

What is the purpose of obtaining a written declination from the prosecuting attorney?

To formalize the decision not to file charges Signup and view all the answers

Who may initiate an internal affairs investigation at any time?

The Chief of Police Signup and view all the answers

What is the purpose of reporting complaints from the public to the Deputy Chief of the Investigations Bureau?

To review and process the complaint for potential color of law violations Signup and view all the answers

Who determines if a case meets the qualifications of a potential Civil Rights Violation?

The Chief of Police or his/her designee Signup and view all the answers

What is the relevant statute for color of law violations?

42 U.S.C. Section 242 Signup and view all the answers

What is the role of the OGC in the investigation process?

To provide a copy of the written declination to the subject member Signup and view all the answers

What should a Department member do when they become aware of a potential civil rights violation?

Complete an Interdepartment Communication, Form 191 P.D. and forward it through their chain of command Signup and view all the answers

What is the purpose of the written directive entitled 'Internal Affairs Investigations'?

To provide further information on internal affairs investigations Signup and view all the answers

Who is responsible for requesting that the FBI notify the Chief of Police in writing when a civil rights investigation is initiated?

The Deputy Chief of the Investigations Bureau Signup and view all the answers

What happens when a civil rights investigation is opened?

The Office of General Counsel notifies the subject member and the member's Bureau Commander Signup and view all the answers

What is the purpose of the written notification to the subject member?

To show receipt of the notification by the subject member Signup and view all the answers

Who can a Department member report a potential civil rights violation to?

Any law enforcement organization charged with receiving complaints of civil rights violations Signup and view all the answers

What is the timeframe for the Office of General Counsel to notify the subject member and the member's Bureau Commander of a civil rights investigation?

Within 5 business days Signup and view all the answers

What is the purpose of the Interdepartment Communication, Form 191 P.D.?

To report a potential civil rights violation to the chain of command Signup and view all the answers

Study Notes

Civil Rights Investigations

Civil rights investigations are criminal in nature and will be viewed as such.
The purpose of this directive is to ensure cooperation among agencies, outline procedures for handling alleged civil rights violations, and set forth internal Department notification processes.

Types of Incidents

Deprivation of property: when a member unlawfully obtains or maintains an individual's property, overstepping or misapplying authority.
Excessive force: when a member uses force in making an arrest, maintaining order, or defending life, and the force is objectively "unreasonable" given the circumstances.
Fabrication of evidence: when a member falsifies evidence or information used to prove or suggest the guilt of an individual accused of a crime.
Failure to keep from harm: when a member willfully fails to keep an individual from harm caused by another member acting under color of law.
False arrest: an arrest by a member without probable cause; when the member knowingly arrests someone who has not committed a crime.
Sexual assault: any type of sexual contact or behavior that occurs without the explicit consent of the recipient; a member using their position of authority to coerce an individual into sexual compliance.

Investigation Procedures

The Chief of Police or their designee will determine when to notify other agencies about a potential Civil Rights Investigation.
The Deputy Chief of the Investigations Bureau will request that the FBI notify the Chief of Police in writing should the FBI initiate a civil rights investigation.
If a civil rights investigation is opened, the Deputy Chief of the Investigations Bureau will notify the Office of General Counsel (OGC), who will then notify the subject member and their Bureau Commander in writing within five business days.

Notification of Subject Member

The subject member will sign and date the written notification for purposes of showing receipt.
Exceptions to notifying the subject member and/or Bureau Commander may be made in unusual circumstances, such as an ongoing, covert investigation.

Closing of the Investigation

If neither federal nor state agency partners file charges against the subject member at the conclusion of the investigation, the Deputy Chief of the Investigations Bureau will request a written declination from the prosecuting attorney.
The written declination will be forwarded to the OGC, who will provide a copy to the subject member and retain the original.

Confidentiality

To the extent allowed by law, the identity of any member reporting a potential civil rights violation will be kept confidential at the request of the reporting member.

Records Disclosure

Records regarding the incident and/or personnel records regarding the member will be disclosed outside of the Department only pursuant to a court order, subpoena, or as required by the Missouri Sunshine Law, or at the written request of the Missouri Department of Public Safety, Peace Officer Standards and Training.

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Description

This quiz covers the procedures and guidelines for handling civil rights investigations, including types of incidents and agency cooperation. Learn about the importance of cooperation and notification processes in civil rights cases.