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.comip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 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 searchcreated 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