ACLU Provides NJ police with New Roll Call Training on Internal Affairs

April 24, 2012

Roll call training features local cops, describes best internal affairs practices

NEWARK – Three years after identifying a statewide crisis in New Jersey police departments’ internal affairs practices, the ACLU-NJ has released a roll call training video that explains best practices and guidelines for officers who receive internal affairs complaints. The video, which exclusively features New Jersey law enforcement professionals, is based on the state Attorney General’s statewide guidelines on internal affairs and provides a much-needed tool for training officers.

“This training video is for law enforcement, coming from law enforcement,” said ACLU-NJ Executive Director Deborah Jacobs. “In 2009, an ACLU-NJ report showed that 80 percent of local police departments provided inaccurate information about how to file an internal affairs complaint. Officers hadn’t received sufficient training, and we’re trying to help bridge that gap. The first interaction a citizen has when inquiring about filing a complaint against a police officer can set the tone for the entire investigation, and it has sometimes deterred citizens from filing complaints.”

The five-minute long video is intended for officers to view at roll call and to reach all levels of personnel. With the exception of officers working directly in internal affairs, most officers receive minimal training on how to handle internal affairs complaints. The training features four leaders of New Jersey law enforcement, who discuss the importance of internal affairs and the proper handling of incoming complaints:

• Chief James Abbott, West Orange Police Department
• Director Samuel DeMaio, Newark Police Department
• Chief Bryan Gurney, Ramsey Police Department, and President of the Bergen County Police Chiefs Association
• Captain Quovella Spruill, Essex County Prosecutor’s Office

The ACLU-NJ has provided the film at no cost to the New Jersey State Chiefs of Police Association, as well as to the New Jersey County Prosecutors Association, with the request that it be shown to all personnel. Essex County has decided to use the film at county-wide trainings of law enforcement officials.

“The Essex County Prosecutor’s Office actively participated in the making of this video because we want to ensure that all county law enforcement personnel have the information they need to correctly handle any complaints of police misconduct.” said Acting Essex County Prosecutor Carolyn Murray. “Ultimately, our job is to bring justice to victims. To do that, we need the community to trust us. Any interactions that undermine community trust hurts our ability to serve and protect the public and misrepresents the majority of officers who do their jobs in an honest and honorable way. We believe this video highlights best internal affairs practices.’’

The video offers a refresher on the various ways citizens can file a complaint against an officer: in person, by telephone, anonymously, through email, by third party, and with any necessary assistance with language or disabilities. It also discusses who can make a complaint, including juveniles without their parents and immigrants (regardless of their documentation or status). It also covers the benefits of a robust internal affairs unit not only to citizens, but to law enforcement personnel.

“We have to be able to police ourselves, because we don’t want anyone tarnishing our badge,” said Ramsey Police Chief Bryan Gurney, explaining why internal affairs operations are so crucial to effective policing. “The days of just being able to sweep things under the rug are way over.”

On March 16, 2012, the ACLU-NJ previewed the film for an audience of approximately 75 officers who were members of the New Jersey Internal Affairs Association. It was well-received and resulted in requests to show it in individual departments.

This new video is one of several ACLU-NJ initiatives that promote better internal affairs practices. After the ACLU-NJ’s 2009 survey, the ACLU-NJ promoted the use of a resource for police departments to use as phone-side “cheat sheets” that detail the requirements for all personnel if a citizen wishes to report a complaint against an officer (created by Chief R. Brett Matheis of the Clinton Police Department). In 2010, the ACLU-NJ requested an Office of Attorney General review of internal affairs policies, statistics-keeping and oversight. That review resulted in a number of improvements to the statewide policy and requirements for greater oversight.

“If internal affairs does a poor job of taking complaints from citizens, it has an adverse effect on the entire department,” said Newark Police Director Samuel DeMaio during an interview featured in the video. “The department is here to serve the community, and the community has to have a trust in the agency.”

Related Content

• Internal Affairs Roll Call Training Video
• Attorney General takes step backwards on police Internal Affairs tracking
• Letter to Attorney General Concerning Internal Affairs Statistics (425k PDF)
• Report: The Crisis Inside Police Internal Affairs (1.2mb PDF)
• Most NJ Police Departments Violate Law on Police Complaints

Gov. Christie Earns Mixed Marks on Civil Liberties During His First Two Years

January 24, 2012

ACLU-NJ examines Christie’s record on respecting rights

NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) released a midterm report card for Gov. Chris Christie today (182k PDF), issuing mostly low marks for his administration’s handling of critical civil liberties issues such as reproductive freedom and free speech.

The report card examines Christie’s record on an array of civil liberties issues during his first two years in office. The ACLU-NJ issued a similar report card for Newark Mayor Cory Booker (229k PDF) in 2009 during his first term in office.

“Christie has two years to turn a mediocre civil liberties record into a testament to individual rights,” said ACLU-NJ Executive Director Deborah Jacobs. “The people of New Jersey expect a leader who will stand up for their freedoms, not one who will let them know that despite his unfair policies, his heart is in the right place. It’s time for Gov. Christie’s good intentions to turn into policies that strengthen our rights and improve our lives.”

The ACLU-NJ issued the following grades:

• B in Freedom of Religion. Gov. Christie made headlines several times in his first term for defending the religious freedom of Muslims and warning against extremists trying to promote discrimination against Islam.


• F in Freedom of Speech. When provided the opportunity to speak up for our nation’s most fundamental value, the Governor stood idly by, letting the Department of Military and Veterans Affairs trample the rights of Occupy Trenton, and going so far as to endorse the termination of a NJ Transit employee fired for exercising his right to free expression.


• B- in LGBT Rights. Although the Governor has spoken out against bullying and supported some interests of the LGBT community, he has turned his back on marriage equality for same-sex couples.


• D in Open Government. Although the Governor signed a bill that lowers the cost of copies in New Jersey, his administration has put itself on the wrong side of open government disputes numerous times, allowing agencies to hide public documents and forcing citizens to go to court to get them.


• C in Police Practices. Improvements made by the Office of Attorney General (OAG) to its statewide police Internal Affairs policies were a step forward, but the OAG has failed to address other important issues, such as developing a statewide policy on the use of confidential informants.


• C in Privacy Rights. The governor conditionally vetoed a bill that sought to open adoption records, taking into account the privacy rights of birth parents. At the same time, he signed into a law a bill that allows police to collect DNA of people once they have been arrested in violation of privacy and due process rights.


• F in Reproductive Rights. Not only did the governor cut $7.5 million from the budget for family planning centers, but he also withdrew an application for a federal program that would have covered family planning expenses for some of New Jersey’s most vulnerable women and children.


• D in Separation of Powers. The Governor refused to reappoint New Jersey Supreme Court Justice John J. Wallace, Jr., calling into question the tradition of evaluating judges based on merits, and personally attacked a Superior Court judge because he disagreed with the outcome of her ruling. Gov. Christie’s actions threaten to undermine the judiciary’s independence and credibility.

Attorney General takes step backwards on police Internal Affairs tracking

December 21, 2011

NEWARK – The American Civil Liberties Union of New Jersey condemned the decision of New Jersey Attorney General Paula Dow to implement use of a new form that makes it more difficult for law enforcement officials and the public to track police misconduct investigations.

ACLU-NJ Releases Toolkit to Guide Residents in Investigating their Local Police Departments

September 09, 2011

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) today released a guide that offers citizens tips on how to investigate their local police departments and hold them accountable to the public. The guide, released exactly one year after the ACLU-NJ submitted a petition asking for the Department of Justice to investigate the Newark Police Department, includes many of the same steps the ACLU-NJ took in compiling its petition.

Appeals Court Rules Newark Journalist Who was Wrongfully Arrested by Police is Entitled to Damages

July 19, 2011

NEWARK - The United States Third Circuit Court of Appeals issued a ruling today holding that Newark journalist Roberto Lima is entitled to the entire amount of a monetary offer made by the City of Newark in a case stemming from his wrongful arrest in 2007, and that his attorneys are also entitled to now seek fees in addition to those monetary damages.

ACLU-NJ Welcomes Changes to Attorney General’s Policy on Internal Affairs Complaints

July 06, 2011

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) welcomes the state’s revised internal affairs policy, which requires more accountability for police departments in dealing with complaints against police officers. The changes were announced by Attorney General Paula Dow in May and go into effect today.

Confidential informant study reveals weaknesses in New Jersey police practices

June 27, 2011

Research led three counties to begin undertaking policy changes,
adding to ACLU-NJ's efforts to reform NJ's criminal justice system

NEWARK — The American Civil Liberties Union of New Jersey and ACLU Criminal Law Reform Project have released a study today that examines the use of confidential informants in the state of New Jersey. The study, authored by John Jay College of Criminal Justice faculty, revealed inconsistent policies governing the use of confidential informants at all levels of government, which have led to violations of informants' rights and compromises in the integrity of criminal investigations.

"Because the practice of using informants in criminal investigations has such a long history with support from state laws and judicial decisions, we were surprised to find that the policy governing informant use in the state is so disorganized," said Professor Delores Jones-Brown, co-author of the report and a former Monmouth County Assistant Prosecutor. "Though our sample size was small, it was disturbing to find that half of the officers surveyed were unclear about the requirements for the proper use of informants."

Police departments across the country have come to rely on informants as a primary way to pursue drug investigations, but their improper use has led to serious problems. After seeing the sometimes-tragic outcomes in other states, including the deaths of innocent people, the ACLU-NJ in 2007 began to look into New Jersey's handling of informants, a group frequently utilized in law enforcement but rarely reported on in larger society. In some of those national cases, confidential informants gave false information under pressure, resulting in police busts of innocent people with guns drawn, sometimes with tragic results such as in the case of Kathryn Johnson, an elderly woman who was shot by an undercover officer in a botched drug raid in Georgia. In other instances, they lead to wrongful arrests, such as the arrest of 38 people in Tulia, Texas, who were rounded up for drug offenses based on information from a confidential informant. In other past cases, police departments have sent confidential informants into dangerous situations they never would have encountered otherwise, such as in the case of Rachel Hoffman, a 23-year-old who was murdered while serving as an informant in Florida.

The report analyzed information and perspectives provided by both law enforcement and citizens, shedding light for the first time on how New Jersey law enforcement agencies use confidential informants. In most cases, people become confidential informants when law enforcement agents offer to reduce their charges or sentences in exchange for assistance with other criminal investigations. However, without proper regulation, the nature of their relationships can lead to an array of problems including ethical violations, botched prosecutions, civil liberties violations and even loss of life.

The researchers discovered that some departments throughout New Jersey failed to put agreements in writing, circumvented search warrant requirements, used juveniles improperly, and insufficiently checked the reliability of information given by confidential informants, who can be motivated by financial incentives or fear of prosecution, among other reasons, to fabricate information. Worse, many departments reported their belief that no policies existed, including the mandatory protocols issued by the Attorney General. Other departments believed they were merely advisory.

In Lower Township, Cape May County, the mishandling of confidential informants resulted in two waves of case dismissals since research for the study began. In a 2010 Sussex County case, an informant fabricated evidence (giving police crushed drywall and claiming it was cocaine he bought from local dealers), with devastating consequences for those falsely accused of selling drugs.

The study's authors, Dr. Jones-Brown and Dr. Jon Shane, who is also a retired Newark Police Department captain, issued recommendations to create uniform policies at all levels and to thoroughly train officers and prosecutors. Under those recommendations, law enforcement agencies should always receive prosecutors' approval before using a confidential informant (who must be registered with the state), have written and signed agreements between law enforcement and the confidential informant, institute processes to approve or deny the use of informants, develop a protocol for establishing an informant's reliability, strictly limit the use of minors, impose strict recordkeeping rules, and, above all, train officers regularly.

In response to the report, at least three New Jersey counties - Morris, Salem and Cumberland - have already begun to reform their policies, starting after their review of an early draft.

"We couldn't be happier to see some of the changes taking place in these counties," said Deborah Jacobs, Executive Director for the ACLU of New Jersey. "We hope to work collaboratively with more counties, and the Attorney General, to see New Jersey adopt the most professional and effective practices for dealing with confidential informants."

The report is the latest ACLU-NJ examination of law enforcement conduct in the state. In May, eight months after the ACLU-NJ petitioned the Department of Justice to investigate allegations of systemic abuse by the Newark Police Department, the federal agency launched a probe into the department. Just days before that announcement, New Jersey Attorney General Paula Dow announced new reforms to the state's internal affairs policy based on the ACLU-NJ's recommendations, which will go into effect in July.

The ACLU-NJ's report on confidential informants can be found online, as well as more information relating to reforms of police in Newark, in Camden and the rest of the state.

ACLU Welcomes Decision to Investigate Newark Police Department

May 09, 2011

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) welcomed the announcement today that the U.S. Department of Justice has opened an investigation into the Newark Police Department’s reported patterns of abuse and misconduct. The Department of Justice’s decision to intervene was done so at the request of the ACLU-NJ, which documented the incidents of abuse in a petition filed in September 2010.

ACLU-NJ Welcomes Report of Federal Investigation of Newark Police Department

May 08, 2011

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) welcomed a report in the May 8, 2011 edition of The Star-Ledger that the U.S. Department of Justice (DOJ) will formally investigate the Newark Police Department’s (NPD) patterns of misconduct, which the ACLU-NJ documented in a September 2010 petition seeking federal intervention in the troubled police department.

Newark Police Illegally Detain Honors Student Over Cellphone Footage

March 28, 2011

NEWARK, N.J. — The American Civil Liberties Union of New Jersey (ACLU-NJ) and the Seton Hall Law School Center for Social Justice (CSJ) filed a lawsuit today against the Newark Police Department for illegally handcuffing and detaining a Newark high school honors student who captured video footage on her cellphone of officers responding to an incident on a New Jersey Transit bus.