Use of force by a law enforcement official, where fatalities or serious injuries occur, has been the focus of disharmony throughout our country for decades. A law enforcement officer’s use of deadly physical force requires a thorough investigation as to whether the officer used reasonable force to stop unwanted or illegal conduct.
All people, individuals or groups, affected by police use of deadly physical force bring to the table a unique perspective based on life experiences, preconceptions and biases. The investigation following such incidents must be meticulously scrutinized. Any perception of partiality by law enforcement will taint the investigating department. This is especially true if an agency elects to conduct its own criminal investigation involving “one of their own.”
Given the current public perception of law enforcement, it is now essential for many departments to request an outside, independent law enforcement agency to investigate officer-involved use of deadly physical force.
Professional law enforcement agencies investigate crime every day. Therefore, when they request an independent investigation, they should be praised for their forethought in knowing that, if they conducted their own investigation, criticism may follow.
Fortunately, in Georgia, law enforcement agencies can request the services of the Georgia Bureau of Investigation. The GBI is nationally recognized as a premier investigative unit that is well-staffed and well-trained, and it stands ready and willing to assist. Its Law Enforcement Use of Force and Custodial Death Investigation Manual is the template many states follow when they conduct a comprehensive and court-worthy investigation.
When the GBI concludes an investigation, its findings are released to the CEO of the requesting law enforcement unit and are simultaneously offered to the local prosecutor. Once the active investigation is cleared for release, the GBI investigation becomes public record.
In addition, when a department asks an outside agency to conduct a criminal review, the way is cleared for that department to conduct its own administrative investigation following stipulations of Garrity v. New Jersey. In that 1967 Supreme Court decision, police officers and other public employees were deemed to have the right to be free from compulsory self-incrimination. That case led to what is commonly called “Garrity Warnings.”
The Garrity case is complex, but what it generally means is two separate investigations may be conducted: One to determine if an officer-involved incident warrants criminal action, and the second to determine if an officer violated departmental policy, which could result in employment sanctions.
By requesting an outside agency to conduct a deadly physical force investigation, a police department avoids the intermingling of criminal and administrative investigations. Generally, only very large agencies have the resources to successfully separate the two investigations.
President Barack Obama empanelled a group of distinguished citizens and law enforcement leaders to address policing concerns in the United States. Their findings, in the recently released “Interim Report of the President’s Task Force on 21st Century Policing,” cite citizen concerns that police are using too much force. There were numerous recommendations for building more community trust between the police and the citizens they serve.
Why bring in a well-respected, state-consulting, independent investigative unit to investigate and make transparent its findings? To build public trust and faith in today’s law enforcement professionals by proving that, as a whole, they are doing what is right for the public they serve.
Frank Vincent Rotondo is executive director of the Georgia Association of Chiefs of Police.
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