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Internal affairs says its ok to threaten people with arrest to make them talk

by Sgt. James Potts Sunday, Aug. 27, 2006 at 4:33 PM

Officer Doran ... by telling you, he would arrest you for not giving information regarding your date of birth, [did not commit a] civil rights violation.

Subject: Civil Rights Complaint
Date: Fri, 14 Jul 2006 10:10:50 -0700
From: "Potts, James" james_potts@tempe.gov

It is the policy of the Tempe Police Department to investigate all complaints against its employees as part of our willingness to oversee and control their actions. At all times, we expect our employees to be courteous and professional. Thank you for bringing the matter to our attention. It is not possible to oversee every action of the officers working the street and we count on citizen input to provide a barometer of how our officers are doing.

A thorough investigation was done with the complaint that you filed with the Police Department. Regarding your allegation that Officer Jon Doran violated your civil rights by telling you that you would be arrested for not providing a date of birth, the investigation has determined the allegations are unfounded.

Unfounded means the action, as you described it, did not occur or in other words, your civil rights were not violated. Your due process was not restricted and there was no seizure. Officer Doran was responding to a citizen call for service. As such, he was well within his rights to ask you for information. By telling you, he would arrest you for not giving information regarding your date of birth, whether the statement was true or not, is not a civil rights violation.

If you are not satisfied with the findings of the citizen complaint investigation, you may appeal the findings to the Tempe Citizens’ Panel for Review of Police Complaints and Use of Force. This appeal must be made within 30 days of being notified of the investigative findings and must include a written statement indicating the reason(s) for the appeal. You may contact the Police Department’s Internal Affairs Unit for directions at 480-350-8306. In addition, if you would like to file a Title 39 request for documents and pay the appropriate fees you can obtain a copy of the call for service. This can be done at the main police station, 120 E. 5th St. Tempe.

Sgt. J. Potts
Tempe Police
Internal Affairs

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