False complaints against police

[gdowkpc]

Should citizens who file false complaints against police officers be sanctioned?

The discussion came up today on the Bill O'Reilly show about the Kobe Bryant rape case. If the victim is making up the story, should she be penalized for bringing forth a claim with no merit?

What about applying this to police?

I have been accused of "Discourteous Conduct". The allegations were found to be unfounded, and they truley were false. A man accused me of singing an old west song to him: "A man has got to do what a man has got to....". I don't know if this is a song or a quote, but either way, I didn't do it.

I even had a partner with me in the police car as we transported him to jail that was a witness who testified this never happened.

Of course I was not disciplined, however I am entered into the department's Early Warning System which means if I receive 2 more service complaints, justified or not, I am eligible to receive counseling.

And the man who filed the complaints is talking about getting a lawyer and suing. I don't know what his claim is, but he indicates an intent.

Now I believe in the public's right to complain about unprofessional conduct, but what about when their claim in unjustified or outright false. Making general claims is one thing, but sending an officer through the internal affairs process for something he did not do cannot be tolerated.

I believe there should be a sanction, at least a fine, for those that make false and specific accusations against police officers.

[Norm357]

I have been accused of "Discourteous Conduct". The allegations were found to be unfounded, and they truley were false. A man accused me of singing an old west song to him: "A man has got to do what a man has got to....". I don't know if this is a song or a quote, but either way, I didn't do it.


Im sorry but thats funny!!!!!! I know a county cop who has a singing skull with light up eyes in his patrol car that sings highway to hell.

As to your question, yes they should have sanctions brought against them.


Norm

[Darin]

A complaint over singing? And he's going to sue? That is so stupid...


GDOW are you that bad of a singer????;) :D

[txinvestigator1]

I heard O'Reilly today too. In Texas, several laws apply....Filing a false report, perjury, tampering with or fabricating physical evidence, etc. So a person who makes a false allegation could be sent to prison.

As far as complaints against, have complainants sign a affidavit that puts the person in jeopardy of perjury if they lie.

[gdowkpc]

There's an idea! What do you think the citizen outcry would be? I can hear it now...police are discouraging citizens to come forward.

No...only the liars.

[EricTheBald]

I think anyone who falsely accusses anyone of anything should at least get an ***-whooping.

Little piece of trivia everyone knows but hardly anyone ever notice is; that Commandment says; "Thou shall not bear false witness.", a particular and specific kind of lie.

Having said that, a person should only be punished if it can be shown that they didn't act in good faith.

Stating something that is untrue and telling a lie are two completely different things. They seem real similar, until you stop and think about it.

[gdowkpc]

Originally posted by Darin
GDOW are you that bad of a singer????;) :D

I happen to think I am a nice singer.

But when the Sergeant asked me if I sang a song from a Gary Cooper movie (High Noon), I said, "Who is Gary Cooper? Is that the short black guy from Different Strokes?"

The Sarge was stunned. My union rep fell out of his chair laughing. :boks:

I said honestly, "I don't know who Gary Cooper is and I have never seen that movie".

[Stump]

There has to be some type of punishment for people who file a false complaint. They get punished if they file a false report - there is nothing different about this.
I know cops can sue people civilly for it.

[gdowkpc]

In the case I mentioned for me, there are no damages. I thought about that. There needs to be a deterrant.

The public is so caught up in making everyone accountable but themselves. Because the complaint process has been opened up so much, the unwanteds who want to get even are pouring in.

The current process, at least here, is entirely unfair. I feel like I can be hog-tied while a disgruntled member of the community throws tomatoes at me. I have no recourse.

My case wasn't that bad, but there are those that are malicious that file false complaints. There has to be some reverse accountability.

[zander_zye]

In CA, an officer can initiate a civil suit against someone making a false police complaint.

Here are the caviats though

1. You lose any protections against lawsuit by the original complaintant if you file suit against them.

2. It is you the officer who is making the lawsuit, not the department.

3. Just because IA determined that the complaint was baseless does not mean a jury is going to think the same. You open up your entire jacket to scrutuny.

[Charlie]

"I have been accused of "Discourteous Conduct". The allegations were found to be unfounded, and they truley were false.

Of course I was not disciplined, however I am entered into the department's Early Warning System which means if I receive 2 more service complaints, justified or not, I am eligible to receive counseling.

And the man who filed the complaints is talking about getting a lawyer and suing. I don't know what his claim is, but he indicates an intent."


This IS scary stuff. And these idiots out there KNOW that you a$$ is going to be investigated for about every flimsy complaint they can think of. And what's worse, they KNOW there is often little recourse against them for it too!

This is especially scary when it comes to the racial allegations. Personally, I think it is even worse! Geezuz! Talk about your career hanging by a thread!:mad:

And the worse thing about it all is as depicted by gdowkpc: You do nothng wrong which is confirmed by IAD and you're STILL penalized for it!

I too agree that citizens should have the right to complain because there are, unfortunately, some people out there in a uniform that make us all look bad. BUT, I think in a lot of cases, we've got complaints running amuck out there for about every B.S. thing you can imagine. It's a slanted system. And there often seems to be little penalty against those people who obviously have sinister motivations.

I dunno what to do but it's a bunch of crap!:mad:
--
Charlie

[mcsap]

We REQUIRE that all complaints be made IN WRITING. The complaint form advises them of the penalties for making a false statement. If they won't give a written statement, we will follow up on the complaint anyway but it won't be considered as serious a complaint unless of course evidence was found.

I had a guy who wanted to complain about one of my guys threatening to arrest him. He said that he had consumed a 6 pack in the past 6 hrs. I told him that I DO NOT take complaints from people under the influence of anything. If he wants to complain, he will have to do it the next day when he is stone cold sober. I even said I would come to his house as he is suspended. He never called me back.

[zander_zye]

As bad as the complaint system against cops is, or no matter how bad IAD is, wouldn't you rather be investigated and judged by someone who has at least a rudementary understanding of your job than a Citizen's Review Board?

I think I would hate to be an SFPD officer. They have to contend with IAD and the CRB - very political!

[Zendik]

Should citizens who file false complaints against police officers be sanctioned?

Heck yeah, that way a real complaint will get the attention it deserves..

[gdowkpc]

Portland has adopted a Citizens 's Review Board also. They are empowered to oversee IAD complaints.

I understand the public wanting transperancy. I even understand complaints that arise because a citizen is unfamiliar with police training, tactics, and policy.

But when a citizen makes up an out right lie....that makes me mad. If I am going to get an IA complaint, at least let me earn it first!