Civilian Police Review Boards Protect the Public Against Police Misconduct. So Why Doesn't Raleigh Have One?

Unless you've received an unjustified citation from a police officer, or been the victim of a false police report and arrested, or experienced something even worse, you may not realize the critical need for a civilian police review board.

In Wake County, police misconduct can lead to innocent people being arrested and held hostage in court for one to two years or longer. This is a serious problem that can be solved with enhanced police training, a civilian police review board, and a simple revision to a North Carolina General Statute.

One problem is that Raleigh police can issue traffic citations at the scene of a car accident and assign blame to one party without having witnessed the accident. The person who receives the citation is then assigned a court date and has to incur the expense of hiring a lawyer (unless he is indigent or homeless). The victim has to hire a lawyer to protect his reputation, avoid penalty points on his license and higher insurance premiums. Police should not be permitted to assign blame for a car accident if they have not witnessed it. A trained insurance adjustor at the automobile insurance company is responsible for determining fault.

Another problem is that the Raleigh police can write police reports with no deadline and fabricate police reports with little, if any, repercussion, because there is no civilian police review board to hold them accountable. This is a problem particularly with misdemeanor cases. A person accused of driving while impaired, for example, will be assigned a court date and hire a lawyer. Even if the police report can be proven scientifically impossible and the person is innocent, the defendant still has to go to court to contest the charge. Compounding the problem, the case can be continued indefinitely in the Wake County court, because there are no checks and balances in the court's recordkeeping system to limit the amount of continuances (like there are in other states). That's how an innocent person can be held hostage in the Wake County court unconstitutionally for a year or two, or even longer.

In Raleigh, the Internal Affairs department handles complaints about police officers. Internal Affairs is not an independent third-party so you are not guaranteed justice or even a phone call or a meeting with the department. In Raleigh, complaints can be dismissed without investigation or explanation.

An example of a proactive civilian review board is the Copwatch organization. In Asheville, "copwatchers" are the eyes and ears of the community, says David Ireland, Copwatch volunteer. Copwatchers patrol their communities and videotape interactions between the police and civilians. Copwatchers also patrol at protests and demonstrations to ensure that the rights of protesters are not violated by police officers. Copwatch groups also hold "Know Your Rights" forums to educate the public about their legal and human rights when interacting with the police.

David Ireland says that young, poor, homeless and people of color are often victims of police misconduct. He says that in Asheville, a typical police ploy is to pull someone over and tell them that their license tag doesn't match the vehicle. Then the police engage in unlawful search and seizure, which violates the American and North Carolina constitutions. Ireland says that the "projects" (low-income housing neighborhoods) are police targets and that the police wave their rifles intentionally to threaten and intimidate. Other major cities, such as Los Angeles, also have Copwatch programs. In Los Angeles, you can upload police reports, news stories and videos on the Copwatch website, check their database for rogue cops and connect your camera phone directly to their website.

The U.S Department of Justice can also determine whether police officers are engaging in a pattern or practice of discriminatory policing, unconstitutional searches and seizures, and use of excessive force, pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, and the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d.

The Department of Justice accepts complaints about police officers from the public. Citizens can report police misconduct to the Civil Rights Special Litigation Unit of the Department of Justice at 202-514-6255 or toll-free at (877) 218-5228. Tammie Gregg and Judy Preston are two of the acting chiefs of this unit.

In North Carolina, the Alamance county sheriffs office is currently under investigation. Citizens provided the Department of Justice with videotaped evidence of police misconduct which is posted on the website "Youtube.com." The Alamance sheriffs office also receives federal funding, another factor which helped trigger this investigation.

The Department of Justice said that it has received more credible allegations of police discrimination than it has been able to pursue. So another remedy to police misconduct is the FBI. The FBI has authority to prosecute a police officer for physical misconduct under the federal statute "Color of Law," (Title 18; sections 241 and 242).

Statewide, the problem of biased and discriminatory policing, which has been widely covered by the local media this year, can be solved by Attorney General Roy Cooper. He can initiate enhanced statewide police training. And the North Carolina General Assembly can remedy the Wake county court issue with a simple amendment of North Carolina General Statute 15A-601(a).

This statute says that a defendant has a statutory right, prior to indictment, to a probable cause hearing in district court and such hearing should occur between five and fifteen working days from the date of the defendant's initial appearance in district court (G.S. 15A-606(d). Currently, this statute only applies to felony cases. Probable cause hearings are essential for defendants accused of felonies and misdemeanors. This statute enables a judge to dismiss a false allegation early on, and provide speedy justice to both innocent and guilty defendants as required by the American and North Carolina constitutions.