Expert: Loren Stevens - 4/30/2007

Question
Mrs. Stevens:

What would happen to an officer who was a suspect of a murder which was
under investigation by a team of homicide detectives in the same district?
Thanks again!

Answer
Hello John,
To say the officer would be in DEEP feces is a given...
Seriously, any situation with the gravity of a "Part-One Offense" re; UCR (Uniform Crime Reporting) criteria may involve an agency employee, the command channels all the way up to the agency head, will get a thorough briefing.
If there appears to be meat on the bone, taking the probative interests to the next level, "things" will have to happen.
Mere suspicion won't cut it.
If the facts and circumstances are such, that the focus is the culpability of an employee, the Chief will direct the Internal affairs CO to coordinate certain measures.
1-Do NOT muddy the investigative waters by commingling an administrative case with that of a felony criminal case. The rules are different, in terms of mandatory response to questioning, and how the 5th Amendment is embraced...or not.
Keep an open file on the matter with only generic information in IAB...just in case it ends up being only an administrative matter....plus, keeping IAB files out of the discovery loop at trial.
2-The lead Investigators will be out of Homicide unit, preferably their best team, to avoid a challenge of botching a case of an insider etc.
3- a confidentiality lid will be on this case at this stage, and no media releases.
4-Talk with the prosecutor's office...the top agency head, and the actual attorney who will be prosecuting the case...pre-determining no conflict issues.
5-If the suspect officer is a strong enough suspect, there will need to be some well thought out admin action, re: "administrative leave" pending a probable cause hearing (first court of consideration), or GJ indictment. Then, the agency needs to proceed with a pre-termination hearing...and terminate. Need to get on this, to avoid a suit for maintaining an unfit employee...torts suck, and "vicarious liability" actions suck LARGE!!
6-Search warrants will be executed.
7-The pucker factor for an agency, is to NOT drop the ball, in any way. It's quite a leap going from "suspect" to "defendant". And, a judge is going to want to see something substantive at arraignment...and the clock starts ticking upon arrest.
And, a smart Chief of police, Sheriff, or Director, under these situations, will on his/her own initiative, contact the US Attorney's office, and advise them of the situation,,,inviting them to consult with the state prosecutor at an appropriate time. As sure as hell, there will be a subsequent "wrongful death" suit by the decedents' next of kin, re: Civil Rights violations. The US DOJ has jurisdiction on these cases.
so, in this thumbnail overview, you can readily see that the agency has a LOT to do, and make sure is done. S/he will need to cover their respective orifices, as well as the agency.
Is this enough of what you seek?
Good Luck,
loren


John,
While I'm thinking about it, I should tell you that when I say the rules are different on an admin case, versus a criminal. The former, the officers are required to answer questions. There is no Miranda warning.
But, to engage this process, the "Garity warning" has to be formalized.
It gets a bit tricky, when a serious case is in the mix.
Also, I don't know where your story line is headed, but if the suspect is THE principal, or A principal, among others, could give you more options to entertain.
Prosecuting R.I.C.O cases, it is not unusual for the prosecutor to "monte Hall" one of the lesser players, especially on a case that could use a boost.
The defendant is offered "limited immunity" for testimony (usually as a hostile witness.) With that, it is a trap, as the defendant can no longer claim 5th amendment privilege of self incrimination. One can't incriminate themselves, if they are immune from the crime. Several bandits are serving time for contempt of court/contempt of Grand Jury, for failing to testify after getting immunity.
Anyhow, take a look at Garity.
Good Luck on your work.
loren