Internal Affairs vs. Civilian Review Boards

When it comes to holding police accountable for their actions, two entities often come into play: Internal Affairs (IA) and Civilian Review Boards (CRBs). While both are designed to investigate and address police misconduct, they have distinct roles, powers, and implications for the public. Understanding the differences between IA and CRBs is crucial for knowing how to navigate police encounters and ensure accountability.

Internal Affairs: Police-Led Investigations

Civilian Review Boards: Independent Oversight

Civilian Review Boards, on the other hand, are independent entities composed of community representatives, often with diverse backgrounds and expertise. CRBs review police actions, investigate citizen complaints, and make recommendations for policy changes, discipline, or further investigation. CRBs are designed to provide an added layer of accountability and transparency, as they are not beholden to police departments or internal politics.

Knowing Your Rights and Options

When interacting with police, it’s essential to know your rights and options. If you believe you’ve been subjected to police misconduct, you can file a complaint with the police department’s IA or seek out a CRB, it’s crucial to remember:

• Stay calm and composed when interacting with police.
• Know that you have the right to silence and the right to an attorney.
• Be aware of your surroundings and try to remember details of the encounter.
• Seek medical attention if you’ve been injured.
• File a complaint with IA or CRB as soon as possible, and keep records of your interactions.

“The public’s trust in law enforcement is a precious commodity, and it must be earned and maintained by law enforcement itself.” – Supreme Court Justice Sonia Sotomayor

Remember, knowing your rights and options is essential for ensuring accountability and safety during police encounters. By staying informed about local laws and procedures, you can better navigate these situations and advocate for yourself and your community. Stay calm, assert your rights, and seek support when needed.

The information at Observed.Org may not pertain to every jurisdiction. It is YOUR responsibility to know your rights and observe them. Nothing here should be considered legal advice.

The law behind your rights

You can sue police under 42 U.S.C. 1983 for violating your constitutional rights, with excessive-force claims grounded in the Fourth Amendment (applied to state and local police through the Fourteenth), though the qualified-immunity doctrine requires showing the officer violated clearly established law.

Constitutional basis: Fourth Amendment, Fourteenth Amendment. Your state constitution may add further protections.

Key court cases:

• Monroe v. Pape, 365 U.S. 167 (1961) — 42 U.S.C. 1983 lets you sue police for constitutional violations committed under color of state law, even when they break state law.
• Graham v. Connor, 490 U.S. 386 (1989) — police excessive-force claims are judged under the Fourth Amendment's objective reasonableness standard.
• Tennessee v. Garner, 471 U.S. 1 (1985) — deadly force is a Fourth Amendment seizure and is unreasonable unless the suspect poses a significant threat of death or serious injury.
• Harlow v. Fitzgerald, 457 U.S. 800 (1982) — officials get qualified immunity unless they violated clearly established rights a reasonable person would have known.

These are landmark federal cases that establish the rights described above. How they apply can depend on your state, the federal circuit you are in, and the specific facts of an encounter. This is general legal information, not legal advice.