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The Investigative Process

You can file a complaint by writing us, dialing 311 (outside NYC dial 212-NEW-YORK; TTY/TDD 212-504-4115), coming to our office at 40 Rector Street, through our online complaint form or visiting any NYPD precinct. Within 24 hours of being assigned to the complaint, a CCRB investigator will attempt to contact you. The investigator who contacts you will normally remain the investigator of your complaint during the course of the entire investigation. An investigation generally progresses as follows:

In-person Statement
In order to get the most accurate and thorough description of the events on record, the investigator will need to interview you in person. This generally happens at the CCRB offices at 40 Rector Street, but in exceptional cases investigators can travel to you. When you come to make your statement, be sure you have all information pertaining to the complaint, including the exact time, date, and location of the incident, the names of the police officers if you have them, their descriptions, and any paperwork or photographs related to the event. Having the names and phone numbers of any witnesses can make a crucial difference in the investigation.

Witness Statements
After speaking to you, the investigator will contact witnesses, starting with those whose names you can provide. Investigators regularly visit the sites of incidents in order to locate other possible witnesses (storekeepers, neighborhood residents) who might be able to provide information helpful to a successful investigation. Sometimes after information is uncovered in the course of the investigation, you or other witnesses may need to be interviewed a second time.

Documentary Evidence
The CCRB has subpoena power, which means that we are able to obtain records from commercial establishments and medical facilities (your permission is required if we are to view your medical records). We can also obtain all relevant documentary evidence from the police department, some of it immediately through on-site databases and some of it through document requests. While sometimes obtaining these documents takes time, they provide critical insight into the circumstances surrounding the complaint.

Police Officer Interviews
Investigators are generally required to interview witness and subject officers as soon as possible after identifying them and interviewing the complainant and/or alleged victim(s). We frequently re-interview police officers upon obtaining new information through witness interviews and review of documentary evidence.

The Board
When the investigation is complete, it is forwarded to the board. A panel of three members of the board will read the case, review all of the evidence, and vote on the disposition of every allegation raised by the complaint. If any allegations are substantiated, the case will be forwarded to the police commissioner, who has the final say in disciplinary matters.

Statute of Limitations
Under New York State Civil Service Law, officers who are subjects of substantiated CCRB investigations must be disciplined or served with disciplinary charges within 18 months of the date of the incident. The only exception to the statute of limitations occurs when the alleged misconduct committed by the officer constitutes a crime. Since the statute of limitations is measured from the date the incident took place, not the date the CCRB begins its investigation, it is important that you file a complaint with us as soon as possible after the incident.

Outcomes
Substantiated, exonerated, or unfounded dispositions are considered "findings on the merits" because they reflect the CCRB's decision on the validity of the complaint. The rate at which the board makes findings on the merits is the clearest quantitative measure of the effectiveness of investigations carried out by the CCRB staff.

  • Substantiated: There is sufficient credible evidence to believe that the subject officer committed the act charged in the allegation and committed misconduct. The board can recommend to the police commissioner appropriate disciplinary action.

  • Exonerated: The subject officer was found to have committed the act alleged, but the subject officer's actions were determined to be lawful and proper.

  • Unfounded: There is sufficient credible evidence to believe that the subject officer did not commit the alleged act of misconduct.

Unsubstantiated outcomes, cases where the police officer was never identified, and miscellaneous closures do not constitute findings on the merits, since the allegations remain unresolved.

  • Unsubstantiated: The weight of the available evidence is insufficient to substantiate, exonerate or unfound the allegation.

  • Officer(s) unidentified: The agency was unable to identify the subject(s) of the alleged misconduct.

  • Miscellaneous: The subject of the allegation is no longer a member of the New York City Police Department.

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