Ukiah Daily Journal Staff
Updated: 05/27/2011 05:07:16 AM PDT
The Mendocino County grand jury this week reported it received complaints of officer misconduct during warrant searches and found them valid, but didn't say how many complaints there were or against what law enforcement agencies.
The grand jury released its report, "Walk the Talk: A Report on Search Warrants and Officer Conduct," on Sunday. The report details the search warrant process, makes recommendations regarding officer training and discusses "unethical behavior" in general terms.
"Complainants are interviewed but rarely choose to make a formal complaint due to fear of reprisal, or have changed their mind after venting their frustrations," the report says. "Most officers are honest and professional. They discharge their duties in a respectful manner, consistent with their sworn oath of office. Unfortunately a few rogue officers' unethical behavior places a black cloud over all officers."
Only two specific examples are cited: one where the county of Mendocino paid out a $35,000 settlement "to a person who suffered an injury when a search was conducted at an incorrect address," and a complaint about officers not providing a copy of the search warrant.
"It is a common misconception that a search warrant must be shown prior to entering a residence or that a copy of the warrant must be left at the scene by law enforcement," the report says. "This misconception was the basis for one of the complaints that the grand jury accepted for investigation.
"Television gives the public the impression that officers carry search warrants in hand, present it as they are executing the warrant, and explain why the warrant is being served.
"It is unrealistic to expect law enforcement officers to explain to the person why his/her property is being searched, and how the search will be conducted in every circumstance; however, citizens should be treated with courtesy and respect."
Search warrants are required for homes, areas of a business closed to the public and locked compartments of a vehicle, according to the report. Parolees and probationers don't have the same right to privacy that other citizens have and can be searched at any time, the grand jury stated.
When officers arrive at a home to serve a search warrant, they knock on the door and announce themselves unless "exigent circumstances" (i.e., medical emergency, officer safety when a suspect could be armed, imminent escape of a suspect, imminent danger of injury or death, serious damage to property or imminent destruction of evidence) prevent it.
Officers may enter forcibly if there is no response to the knock within a reasonable time, the report states, explaining, "The officers' concern is the delay may allow the destruction of evidence."
"Depending on the circumstances, it is not required that the warrant be shown or a copy be left with the person whose property is searched; however, (state law) states that a receipt is required for any items taken," the grand jury report says.
An officer needs a warrant, consent or exigent circumstances to enter any area where an individual has a reasonable expectation of privacy, according to the grand jury report. Search warrants require probable cause, including search for a person, evidence or both.
A warrant requires a judge's signature on a sworn affidavit that includes a description of the property or person to be searched, probable cause and evidence expected to be found. The process requires returning to the court a list of items seized and the status of that property.
"Law enforcement has conducted searches at incorrect property addresses," the report states.
The report concerns search warrants served and executed by federal, state and local law enforcement agencies, including the Mendocino Major Crimes Task Force, Mendocino County Sheriff's Office, police departments in Ukiah, Willits and Fort Bragg, county Probation Department, Bureau of Land Management, California Highway Patrol, state Department of Fish & Game, Cal Fire and other state agencies.
The report takes a vague focus on the Mendocino Major Crimes Task Force, noting in its "background" section that the Task Force operates under the state Department of Justice, Bureau of Narcotics Enforcement, which funds the commander's salary and the office rent.
Each local law enforcement agency contributes officers and $3,500 annually for office administration and supplies. The Mendocino County Probation Department no longer contributes $3,500 to the Task Force, and it and the Willits Police Department no longer have officers on the Task Force, but serve on its executive committee.
The team includes the commander, two deputies and a police dog from the MCSO, one officer each from the FBPD, UPD and CHP, a secretary and an evidence technician.
The Task Force investigates major crimes, which may include homicide, rape, eradication, cultivation, production, distribution and sales of marijuana, methamphetamine and other illicit drugs.
The grand jury's report notes that each law enforcement agency is responsible for the behavior of its Task Force assignee, and that the commander has no authority to discipline or terminate officers for misconduct, but can make recommendations to the parent agency.
"The Task Force accepts and investigates all verbal complaints, but refers formal complaints to the parent agency of the officer involved," according to the report.
The Task Force served 143 search warrants in 2009. Investigation and documentation for each search warrant required an average of 15 hours of officer time, according to the grand jury.
"Officers are held to a higher standard of behavior than the general public," the grand jury report notes. "Each local law enforcement agency has similar policies for conduct, ethics, and behavior. Officer misconduct includes: lying, theft or embezzlement, use of profanity, speeding without emergency lights, use of excessive force, intoxication while on duty, absenteeism, tardiness, sleeping on duty and violating safe working practices."
Officers are subject to progressive disciplinary measures, including reprimand, time off/additional training, administrative leave, demotion, suspension without pay and termination, the report states.
The grand jury notes that higher-ranking officers on the Task Force supervise others, and "the manner and style of supervision varies among supervisory officers; this discretion may lead to confusion among officers."
The grand jury recommends that "law enforcement review their Code of Conduct and Ethics" quarterly and undergo "sensitivity training and random psychological testing."
The grand jury also recommends that the Task Force commander "immediately report any complaints of misconduct to the parent agency;" that officers "treat all persons with dignity, respect and courtesy at all times with conditions permitting;" and that the Task Force team "explore the use of video recorders to be worn and activated at all times, except while conducting sensitive investigations."
http://www.ukiahdailyjournal.com/ci_18153279
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