The Justice Department today announced that it reached an
agreement with the City of Ville Platte and a separate agreement with the
Evangeline Parish Sheriff’s Office (Louisiana) to end the pattern or practice
by the Ville Platte Police Department (VPPD) and the Evangeline Parish
Sheriff’s Office (EPSO) of conducting arrests in violation of the Fourth
Amendment to the United States Constitution. After a thorough investigation,
the United States concluded that it had reasonable cause to believe that these
agencies had arrested and held people in
jail—sometimes without obtaining a warrant and without probable cause to
believe that the detained individuals had committed a crime—in violation of the
Fourth Amendment. VPPD and EPSO sometimes used these arrests, called
“investigative holds,” as a regular part of their criminal investigations,
inducing people to provide information to officers under threat of continued
wrongful incarceration.
Under the agreement, VPPD and EPSO will develop policies and
provide training and adequate supervision to officers to ensure the pattern or
practice of unlawful seizures does not continue. The agencies also will
increase transparency by collecting and reporting data on its Fourth Amendment
activities.
The Department’s investigation into EPSO and VPPD began in
April 2015 and concluded in an investigative findings report, released on Dec.
19, 2016. The Department determined through interviews with command staff, detectives,
officers, and a cross-section of community members, as well as review of
documents including jail logs, arrest records, and more, that the investigative
hold practice was routine at EPSO and VPPD.
Both agencies acknowledged that they sometimes used holds to investigate
criminal activity for as long as anyone at the agency can remember. Because these “investigative holds” were
conducted without probable cause, they violated the Fourth Amendment’s protection
against unreasonable searches and seizures.
“Police officers across the country are called upon to
protect and safeguard members of their communities by investigating criminal
activity. Officers are afforded the
authority needed to do so, including the power to arrest and detain individuals
when there is proper legal justification,” said Acting Assistant Attorney
General John Gore of the Civil Rights Division. “It is imperative that officers
use that authority within the boundaries of the law. Both agencies cooperated
fully throughout this matter, and we are eager to continue to work together
with the Ville Platte Police Department, the Evangeline Parish Sheriff’s
Office, and the local municipalities to help ensure that their officers can
protect the public and investigate crime without violating the civil rights of
members of the public.”
The Violent Crime Control and Law Enforcement Act of 1994
prohibits state and local governments from engaging in a pattern or practice of
misconduct by law enforcement officers that deprives individuals of federally-protected
rights. The Act also allows the Justice
Department to remedy such misconduct through civil litigation. The Special Litigation Section of the Justice
Department’s Civil Rights Division in Washington, D.C. enforces the Act.
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