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Results for policing (puerto rico)

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Author: U.S. Department of Justice. Civil Rights Division

Title: Investigation of the Puerto Rico Police Department

Summary: The Puerto Rico Police Department is Puerto Rico’s primary law enforcement agency. Its mission is critical: To protect and serve the residents of Puerto Rico by designing and implementing policies and practices that control crime, ensure respect for the Constitution and the rule of law, and enable the Department to enjoy the respect and confidence of the public. Many hard working and dedicated PRPD officers serve the public with distinction under often challenging conditions. Unfortunately, PRPD is broken in a number of critical and fundamental respects that are clearly actionable under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 (“Section 14141”). Based on our extensive investigation, we find reasonable cause to believe that PRPD officers engage in a pattern and practice of: • excessive force in violation of the Fourth Amendment; • unreasonable force and other misconduct designed to suppress the exercise of protected First Amendment rights; and • unlawful searches and seizures in violation of the Fourth Amendment. In addition to these findings, our investigation uncovered other deficiencies of serious concern. In particular, there is troubling evidence that PRPD frequently fails to police sex crimes and incidents of domestic violence, and engages in discriminatory policing practices that target individuals of Dominican descent in violation of the Fourteenth Amendment, the Safe Streets Act, and Title VI. At this time, we do not make a formal finding of a pattern and practice violation in these areas, in part because PRPD does not adequately collect data to evaluate these issues. However, we are quite concerned that PRPD lacks basic systems of accountability to ensure that all individuals are treated equally by PRPD officers, regardless of race, ethnicity, national origin, or sex as required by federal law. Furthermore, our investigation raises serious concerns that PRPD policies and practices are woefully inadequate to prevent and address domestic violence committed by PRPD officers. We find that these deficiencies will lead to constitutional violations unless they are addressed. PRPD’s continued failure to keep necessary data in light of our findings and despite knowledge of these indicators of a very serious problem, may constitute a pattern and practice that violates federal law. We recognize that PRPD faces significant challenges as Puerto Rico’s primary law enforcement agency. The unconstitutional acts that we have identified arise at a time of crisis in public safety. Contrary to national trends, violent crime increased overall in Puerto Rico by 17% from 2007 to 2009. In 2010, Puerto Rico saw the second highest number of murders in its history, a trend that is escalating in 2011. The clearance rate for murders remains below the national average. Some Puerto Rico officials maintain that drug trafficking and social deterioration are fueling the wave of violent crime. However, increasing crime cannot be used to justify continued civil rights violations or the failure to implement meaningful reforms. Constitutional policing and effective law enforcement are inextricably bound. Public safety depends on the trust and cooperation of the community, which in turn depends on constitutional police practices that respect civil rights. Our previous efforts in working with large police departments strongly suggest that by addressing the civil rights concerns we raise in this report, the Commonwealth will not only meet its constitutional duty, but also reduce crime, improve public safety, and increase community confidence. i For many years, victims’ families, civic leaders, legislators, and civil rights advocates have voiced concerns over chronic mistreatment by police. For example, over the past decade, various legislative measures have called for comprehensive investigations of police misconduct, greater education and training, and an accounting of public funds spent on civil rights lawsuits against the Commonwealth. Other grass-roots and advocacy organizations have sent letters to Puerto Rico officials denouncing allegations of discrimination against people of Dominican descent, and civic and professional organizations have issued investigative reports detailing numerous civil rights violations at the hands of police. PRPD officers have also called for agency reforms. One police affinity group representing thousands of officers attributed widespread low morale among officers to verbal abuse from supervisors, indifference to officers’ personal problems, lack of support and training, absence of motivational and educational activities, deficient equipment and materials, and late payment. The public’s demands for remedial action are fueled in part by the appalling number of officer arrests and convictions for serious misconduct and criminal activity. Among these are: the killing of family members by two police officers in the “Massacre of Las Piedras” in 2007; the videotaped shooting of a civilian by a Tactical Operations Unit (“TOU”) officer during a birthday celebration in Humacao in 2007; the shooting death of a PRPD lieutenant by a sergeant at a police station in Yabucoa in 2007; the conviction of multiple officers assigned to the Mayagüez Drug Unit for planting drugs in 2008; the conviction of the director of the Special Arrests and Extraditions Unit and several of his officers on drug-related charges in 2009; the conviction of a lieutenant directing the weapons registry at PRPD headquarters as part of an illegal gun licensing scheme in 2009; the indiscriminate use of batons and chemical irritants against protesters at the Capitol in June 2010; the shooting death of an unarmed young man who was reportedly aiding police following a robbery in September 2010; and the arrest of 61 PRPD officers as part of the largest police corruption operation in the Federal Bureau of Investigation’s (“FBI”) history in October 2010. In the report that follows, we discuss the wide range of issues that were the focus of our investigation and the findings that result from our review.

Details: Washington, DC: U.S. Department of Justice, Civil Rights Division, 116 p., app.; Executive Summary

Source: Internet Resource: Accessed October 4, 2011 at: http://www.justice.gov/crt/about/spl/documents/prpd_exec_summ.pdf (executive summary)

Year: 2011

Country: United States

URL: http://www.justice.gov/crt/about/spl/documents/prpd_exec_summ.pdf (executive summary)

Shelf Number: 122984

Keywords:
Police Accountability
Police Administration
Police Misconduct
Police Use of Force
Policing (Puerto Rico)
Violence
Violent Crime