city of miami
EILEEN DAMASO : CRISTINA BEAMUD
aoe civilian investigative panel ee
September 10, 2019
Chief Jorge Colina
Miami Police Department
‘400 NW 2" Avenue
Miami, FL33128
Dear Chief Colina:
[A matter recentiy came to the Civilian Investigative Panel's attention which cals for special
attention. While we typically write to advise you of findings concerning alleged violations by specific
police officers, in this case we have also concluded that a serious, potentially systemic, departmental
fallure of police investigatory methods and practices has occurred. In this case, the breakdown
compromised an important investigation and sabotaged crucial efforts to combat rampant drug act
ina community plagued by criminal behavior. Worse stl the poorly executed police operation implicated
not only the wrong person, allowing the intended target to elude capture and continue their illegal trade,
but caused the unnecessary and humiliating home search and detention of someone who was innocent
‘and is, by all accounts, a model citizen.
Indeed, beyond merely law-abiding, Ms. Lanora Graves - known previously by the one of the
officers at the search to be a crime victim herself - had alerted police about criminal drug activity in the
neighborhood where she raises her young daughter, hoping the Department would do something to stop
it. She Is the very type of resident police should be embracing to foster police-citizen cooperation.
Instead, by wrongfully arresting her, the Department has undermined community trust and goodwill and
has eroded confidence in the Department's ability to competently police.
‘The matter came to the CIP’s attention through Ms. Graves’s Internal Affairs complaint. (CIP # 19-
034, 1A# 18-203 N}. Ms. Graves believed that Officer Stanley Paul-Noel conducted an illegal search of her
home, She stated that officers served a warrant at her apartment for drugs and narcotic sales, something
she has never been involved in, After obtaining the warrant the police proceeded to search her home.
But no drugs or contraband of any kind were found. It is how that warrant was obtained in the first place
that concerns us. This appears to be a case of mistaken identity. Moreover, and perhaps more important,
the Department's failure to recognize in the aftermath, either through the Internal Affairs process or
otherwise, that a critical breakdown had taken place, much less to identify and correct its causes, moves
Us to take this unusual step. For this suggests an institutional shortcoming, a shortcoming with troubling
implications.
Ms, Graves presented to the CIP, and the CIP Complaints Committee, as a credible witness. She
has a community reputation of honesty. She lives with her five-year-old daughter in an apartment building
(CVILIAN INVESTIGATIVE PANEL
970 SW. 19t Steet, Suite #305/ Miami, Flora 38130
(05) 960-4956 / Fax (805) 400-5013
‘wiv miamigov.comipMs. Graves presented to the CIP, and the CIP Complaints Committee, as a credible witness, She
has a community reputation of honesty. She lives with her five-year-old daughter in an apartment building
with eight units. As noted, she supports police efforts to stop drug sales and use in her apartment complex
and prior to this search of her home, called police to complain about the drug sales in her neighborhood
and specifically in her apartment complex. Based on personal observations and other circumstances, she
believes that it was her neighbor in apartment number six that had been selling narcotics.
From our review of his affidavit in support of the search warrant, Officer Paul-Noel indicated he
had conducted surveillance of persons going to the second floor of the complex and returning with drugs.
But it appears, at a minimum, that he did not record, or identify, the correct apartment number. Below
are some of the notable issues within this case:
1, __Itisa customary practice to do a “controlled buy” in drug investigations to obtain a search
warrant. Yet, this practice was not used in this situation. The CIP understands this isn’t the only
way, but it's the most common way, and under the circumstances seemed to be the best way.
2. To obtain the warrant the officers never seemed to correctly confirm the exact location.
‘The activity was not inside the apartment. It appears that they relied on an unclear observation
of the apartment numbers and the general direction of certain people suspected to have drugs.
‘The apartment numbers are not clearly marked and are difficult to view. The police did not ask
the people whom they stopped what apartment they were coming from,
3. The execution of the search warrant produced no drugs or paraphernalia associated with
drug distribution or use.
4. Asnoted, Ms. Graves had previously contacted police to complain about drug activity in
her building, It seems unlikely that an actual drug dealer would go out of her way to attract more
police attention to herself or her selling location. The same holds true with Ms. Graves's
subsequent Internal Affairs complaint; that would be @ remarkably cavalier step for a true
criminal
5. Prior to serving the warrant and arriving on the scene, rather than approach with a low
profile, the officers activated vehicle sirens alerting the intended target(s) of imminent police
arrival potentially allowing for escape and/or destruction or concealment of contraband. Perhaps
there were legitimate reasons for such an approach, but we have been unable to discern them.
Even ifthe officers had not made the connections about Ms. Graves before this episode unfolded,
conce completed, the fruitless search of this unlikely suspect should have prompted the Department to
examine the entire investigation process and get to the bottom of the failure. At the very least, Ms.
Graves's Internal Affairs complaint should have stirred deeper inquiry. That has not happened, which we
fear means that similar episodes are prone to occur. That said, by no means is the CIP asserting that the
officers who served the warrant falled to follow the warrant's directions as to which home to search, The
judge indeed approved a search warrant for Ms. Graves’ apartment based con the affidavit submitted by
Officer Paul-Noel. However, that is beside the point, The panel believes that the officers who sought and
obtained the warrant for Ms. Graves’s apartment either did not perform due diligence in gathering the
evidence necessary to identify the proper location or falled to properly identify the location in the
supporting affidavit. This lack of professionalism in obtaining the warrant and conducting the searchcreated an environment unsafe for the community and officers. An important arrest opportunity was
lost, and the real drug dealer remains at large.
Additionally, this episode has chilled and alienated a once strong ally of the police Department
when looking to help solve drug crime in the area. The Panel understands that officers in these
circumstances have a difficult job in identifying drug uses, abuses, and crimes. Yet, as we are sure you
would agree, officers must use the utmost care to ensure accuracy, precision, professionalism, and
diligence when seeking to obtain a search warrant due to the severity of the consequences, Supervisors
should provide an extra level of review and accountability. Lastly, 1A should serve as an additional layer
of scrutiny and transparency in order to maintain the legitimacy of the Department and its officers. To
Us, there seems to have been a breakdown at every level. Ms. Graves's case was closed by Internal Affairs
as a “non-complaint,” because the warrant had been issued for her apartment. While that istrue, it misses
the bigger picture and overlooks a much more disturbing point. No investigation was conducted to
determine the accuracy of the underlying information in the affidavit nor how this debacle was able to
unfold. Until that happens there is no reason to believe such incidents will not continue
‘The CIP believes Miami Police Department has improved under your leadership, and we were
encouraged by your comments and initiatives when you visited us. For that reason, we are hopeful you
will agree that this incident merits further review, as none of us wants to see the innocent wrongfully
accused or criminals elude capture. In order to ensure that, the Department must implement and follow
best practices and hold officers accountable when these standards are not met.
Sincerely,
Gamo
Elleen Damaso, Chair
(On Behalf of the Civilian Investigative Panel