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Date: November 22, 2024 Fri

Time: 12:12 pm

Results for police-civilian interactions

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Author: New York City Civilian Complaint Review Board

Title: Crossing the Threshold: An Evaluation of Civilian Complaints of Improper Entries and Searches by the NYPD from January 2010 to October 2015

Summary: Police search and seizure-especially of homes-represents one of the most invasive forms of intrusion of individual liberty. When conducted without proper constitutional authority, home searches are one of the most serious violations of privacy and, consequently, types of police misconduct that engender anger at and distrust of police authority. Entries are fraught with a range of potential dangers to both civilians and officers. Many officers enter homes early in the morning when occupants are sleeping, in a state of undress, and engaged in the private routines in preparation for the day ahead-often leaving residents and their children frightened, confused, and angry. Police officers find themselves in chaotic and potentially dangerous situations, with an unknown number of occupants in the home and limited knowledge of what they will encounter. Even when done lawfully, police entries are forceful, aggressive and surprising, intended to apprehend suspects and seize evidence of a crime. Data compiled by CCRB indicates that most officers in the New York Police Department (the "NYPD" or "Department") enter homes to respond to crimes-in-progress, to render aid to residents, or pursuant to valid search or arrest warrants. Yet the cost of loss of confidence in the presumption of lawful conduct as a result of the cohort of improper entries and searches far outweighs their modest prevalence. Not only are core civil liberties violated, but the necessary constructive relationship between community members and the police is degraded. The community's tolerance for law enforcement activity and compliance with the law rises and falls upon its sense of police legitimacy and authority. Where officers fail to act in accordance with the law requiring procedural and substantive warrant requirements, civilians lose trust and confidence in the police. A lack of procedural justice contributes to a perception that police ignore the law's constraints. To understand the nature and scope of civilian complaints regarding police search and seizure at premises, the CCRB conducted a study of over five and a half years of fully investigated complaints. The CCRB is the largest police oversight agency in the nation and is empowered to receive, investigate, make findings and recommend action upon complaints by New Yorkers alleging misconduct by NYPD officers. See NYC Charter 440(c)(1). To further this mission, CCRB issues monthly, biannual, and special statistical and qualitative reports analyzing trends and recurring issues arising from the many thousands of civilian complaints it receives. These reports act as a barometer of police-civilian encounters in a number of ways, including the police practices that civilians find most troubling. In its role as an independent investigator of misconduct allegations, CCRB is uniquely positioned to identify the circumstances that generate civilian complaints, to assess whether officer conduct is improper, and to offer recommendations to redress misconduct.

Details: New York: The Complaint Review Board, 2015. 111p.

Source: Internet Resource: Accessed May 24, 2018 at: http://www1.nyc.gov/assets/ccrb/downloads/pdf/policy_pdf/issue_based/20160219_entry-search-report.pdf

Year: 2015

Country: United States

URL: http://www1.nyc.gov/assets/ccrb/downloads/pdf/policy_pdf/issue_based/20160219_entry-search-report.pdf

Shelf Number: 150360

Keywords:
Civilian Complaints
Police Behavior
Police Misconduct
Police-Civilian Interactions
Search and Seizure