he district attorney gives
you two choices: Resign
from the job or face
perjury charges for
processing an arrest you
didn’t make. This is
serious, career-ending
business we’re talking about. And the
DA doesn’t care why or how it
happened. All he or she knows now is
that you wrote “at TPO, PO observed….”
and signed your name attesting to its
accuracy.
Regardless of how you wound up
writing up the arrest, if you weren’t on
the scene, didn’t see the crime or didn’t
make the observations that you’re
writing into an arrest report, you’d
better be sure to note who did. Because
when circumstances occur that result in
an ADA questioning you about the
arrest — and they do frequently — and
you have to say you processed it at the
direction of a boss, or for a team
member who had to leave, you are left
facing perjury charges. We have, right
now, several fellow officers in that exact
predicament.
Regardless of whether the person
had committed the crime charged, the
DA’s offices in every borough intend to
prosecute these situations. |
They intend
to make examples of cops who process
an arrest for another cop or boss and
don’t take the time to write “I was
informed by… who observed…”

They
don’t care that your boss told you to
write up a collar that he made or if it
was your turn in your unit’s rotation to
collar up. All they care about is that the
arrest report gives a clear account of
who saw what and who did what. So if
the boss directs you to process a collar,
then you have to include that “Sgt. So-and-
so informed me that he observed
the individual with a gun” so that when
it goes to court, that sergeant will be
called to testify. Two simple words,
“informed by,” can save your job.

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Invariably, the questions start
flying when a collar starts making the
typical kinds of complaints. And when
the DA comes back to the name on the
dotted line, the cop has to explain that
he or she took the collar for a partner.
And no mitigating circumstances will
satisfy the ADA, who doesn’t care that
your partner couldn’t work overtime
because he or she had a first
communion to go to or had to pick up
the kids, or that it was your turn in the
unit to collar up.
The bottom line is that you can’t
write “at time and place of occurrence”
if you weren’t there. You can’t be two
places at once. So if you and your
sergeant have to split up to collar two
suspects who fled in opposite
directions, then the arrest report must
reflect that. From now on, we’re all
going to have to take great care in
putting down the details and we’ll have
to say “Sgt. So-and-so informed me
that he observed suspect…” And if the
boss objects because he or she doesn’t
want to go to court later on just tell the
boss that you need to accurately state
the facts and consult your PBA delegate.
Remember, it’s resignation or
indictment.
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