NJ Cops april2 | Page 53

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- www.njcopsmagazine.com ■ APRIL 2017 53