Important points about
Internal Affairs investigations
Having represented law enforcement officers
the past 30 years, I have become thoroughly
familiar with the Internal Affairs process. The
latest rewrite of the Internal Affairs Policy and
Procedure promulgated by N.J.S.A. 40A:14-181
has become very onerous and has particularly
engendered the process. All complaints, no mat-
STUART
ter how big or how small, must be investigated
ALTERMAN
pursuant to the guidelines. Anonymous com-
plaints are now investigated more so than anytime in the past.
Once thought to be the kinder, gentler alternative to Civilian
Review Boards, the Internal Affairs process takes up signifi-
cant amounts of time and resources from all law enforcement
agencies. It has become a sword of Damocles hanging over an
officer’s head.
The process itself mandates that all complaints must be
investigated thoroughly. Law enforcement officers across the
state of New Jersey are constantly being called into Internal
Affairs and forced to submit to questioning about actions and
conduct either brought to light through an actual complaint
or discovered within the department itself through an unre-
lated investigation.
Internal Affairs investigations involve review of documen-
tation, video footage and other audio and video mediums.
Oftentimes, investigations lead to discovering conduct that
becomes the topic of another investigation. So, law enforce-
ment officers need to be on guard at all times when being
questioned.
When undertaking an Internal Affairs matter and repre-
senting officers during the interview process, my office always
asks to review any reports and audio/video coverage. We al-
ways ask to review any information or data out there by way of
written and/or electronic mediums. That is prior to providing
a statement. Preparation for an Internal Affairs interview is
extremely important. Officers cannot just go into an Internal
Affairs interview without understanding why they are there to
give an interview. The outcome of the interview could deter-
mine the future of an officer’s career.
It is important to ask at the outset whether you are a target
of a criminal investigation and/or a target of an administra-
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