Issues in Private Investigation
By John Parker

This story is true. The names have been changed to protect the guilty. The same story, or one similar, has played out in just about every police department in the country. Police officers are constantly under scrutiny. This is description of a common internal police investigation, start to finish.

The Scene

Officer Johnson and Officer Thompson work nightwatch, pushing a black and white around the city, cheating death, dodging bullets, and protecting the meek from oppression. Johnson, a seven-year veteran of the department, is piloting the new Crown Victoria while his partner, Thompson, with two years on the job and trying to regain the waistline he had before the academy, polishes off his fourth Krispy Kreme donut and a four dollar cup of coffee from Starbuck’s. Thompson idolizes Johnson and wants to be just like him when he grows up.

As they approach the corner of First Avenue and Main Street a shiny new Mercedes, driven by local ne’er-do-well, Barry Slime, passes between them and the curb. Barry waves as he goes by, middle finger extended.

Knowing that Slime couldn’t afford to take the bus, much less drive a well-built German automobile like this one, Johnson unleashes the awesome power of the mighty Crown Vic. With lights flashing and siren blaring, they pursue Slime through the deserted streets of the sleeping city. Even though Slime is driving a faster car, his unlicensed, unskilled driving is no match for Johnson’s training and cat-like reflexes. The police cruiser quickly catches up with the Mercedes.

The Pursuit

Slime, having trouble losing the police car, becomes increasingly reckless and eventually slams the stolen Mercedes into a tree in front of the high school. After shaking off the effect of the airbag exploding in his face, Slime opens the door and climbs out of the car as the police car comes to a smooth controlled stop behind him. Slime climbs over a fence takes off through the schoolyard like a rabbit. Johnson leaps the fence in a single bound and is hot on his trail. Thompson, packing his donuts and four thousand calorie coffee, struggles over the fence and brings up the rear.

Johnson catches up with Slime half way across the school yard and orders him to stop. Slime turns and takes a swing at Johnson and then assumes a karate pose he learned from watching Kung Fu reruns. Johnson pulls his baton as Slime attempts a roundhouse kick. Johnson strikes Slime twice on the leg and then slips the baton into a wristlock on Slime’s right arm taking him to the ground. Slime continues to struggle as Johnson places handcuffs on him.

Johnson looks up to find Thompson standing nearby; hands on his knees, trying to catch his breath and watching him take Slime into custody. Thompson helps Johnson get Slime to his feet and they walk him back to the fence just as Sergeant Limon arrives. The all knowing and very wise sergeant takes one look at the obstacle between he and the officers and not wanting to damage his aging body, walks to an opening in the fence.

The Arrest

Slime is placed in the very roomy back seat of the police car and carefully seat belted in. Slime demands to talk with the sergeant privately. Slime has several abrasions on his face and a large bruise on his right leg just above the knee. Slime tells Limon that Officer Johnson beat him with a stick and made rude comments about the marital status of his parents. Slime insists on filing a formal complaint.

After a brief stop at the local hospital, to have Slime’s injuries checked out, Officers Johnson and Thompson return to the station with their prisoner and get him tucked in for the night without further incident. Johnson writes a very complete arrest report detailing his use of force and Slimes resistance. Thompson brags to several of his fellow officers about the altercation and how his partner subdued the bad guy, embellishing the story with just a few of his own details.

After completing the mountain of paperwork necessary to ensure Slime is punished for his transgressions, Officers Johnson & Thompson are summoned to the Sergeant Limon’s office and informed of the complaint filed by Slime. They are directed to prepare written memorandums detailing what occurred during the apprehension and arrest of Mr. Slime. Sergeant Limon also orders them not to discuss the incident with each other.

Officer Johnson, knowing that he has prepared a very thorough arrest report detailing everything Sergeant Limon would need to know, merely copies his report into memo form and gives it to the Sergeant.

Officer Thompson, not wanting his partner to get in trouble because of something he might say, writes that he saw nothing, heard nothing and knows nothing. He turns in his memo to Sergeant Limon and returns to duty with his partner.

The Complaint

Sergeant Limon writes up Slime’s complaint, attaches the memos from Johnson and Thompson, and forwards the whole thing to Lieutenant Smith in Internal Affairs. Do you see what’s coming yet?

Lieutenant Smith begins his investigation by interviewing Slime. Slime tells him that Officer Johnson did not really beat him with a stick or even call him bad names. He said Johnson only hit him twice with the baton because he was trying to kick the officer. Slime said all of his facial injuries were caused by the airbag exploding when he ran into the tree.

Officer Johnson was interviewed next and his story matched Slime’s exactly. Johnson’s report was thorough and accurate. Lieutenant Smith asked Johnson where his partner was during the altercation and Johnson said he wasn’t sure because he was busy wrestling with Slime.

Officer Thompson was up next. Lieutenant Smith asked him to recount the arrest of Slime and the use of force exercised by Officer Johnson in effecting that arrest. Officer Thompson tells the lieutenant that he didn’t see Officer Johnson strike Slime at anytime because his attention was diverted by something he couldn’t remember. Thompson denied seeing any part of the actual arrest or hearing anything said by Officer Johnson to Slime. Lieutenant Smith probed further, hoping Thompson might remember something helpful, to no avail.

The Investigation

Lieutenant Smith interviewed two other officers, working at the time Slime was arrested, and both could only offer second hand information received from Officer Thompson following the arrest.

Lieutenant Smith finished his investigation and determined that Slime’s complaint was unfounded and that Officer Johnson used only force necessary to overcome Slime’s resistance. Officer Johnson was notified that he had been exonerated.

As a result of Lieutenant Smith’s investigation, he determined Officer Thompson was untruthful during his interview and his written memorandum. Officer Thompson was placed on administrative leave pending termination.

If you have read this far and you feel that Officer Thompson’s behavior was acceptable, you can stop reading, you won’t like anything I write from this point on.

The Result

Once an officer has completed his or her initial training and probation period, dishonesty, in one form or another, is the leading cause for termination. Very often the offense they are lying about is minor and would result in a slap on the wrist. They try to cover up their mistake and end up being terminated.

An officer found to be untruthful in court or an internal investigation raises serious issues regarding his or her future credibility. Defense attorneys quite often file Pitchess Motions that, with a judge’s approval, may allow them access to information contained in an officer’s personnel file. A police officer with a pattern of dishonesty is easily impeached in court and therefore not much use as a witness. If an officer cannot effectively testify in court their agency may assume they are not much use as a police officer.

Our profession is being reviewed, investigated, and scrutinized by everyone, from the media, to politicians eager to make a name for themselves. It seems you cannot pick up a newspaper today without reading about dishonest cops. I realize the media has a tendency to slant stories about police officers toward the negative, which is why we must never allow our integrity to be compromised.

If you are ever the subject of an investigation, listen to your attorney, and keep in mind that you may have to tell the same story several times. The truth is a whole lot easier to remember.

About the Author

John Parker is a licensed private investigator with 26 years of local law enforcement experience and over 15 years experience in electronic security design and installation. John is a member of the American Society of Industrial Security and a lifetime member of the California Organization of Police and Sheriffs.