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ARREST PROCESSING IN THE NYPD

A STUDY OF TECHNICAL & MANAGERIAL DYSFUNCTION

Edith Linn, Ph.D.Lieutenant, NYPD (ret.)

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NYPD ARREST PROCESSING: A TEN-HOUR ORDEAL

I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?

II. HOW DOES THIS LONG, ARDUOUS PROCESS AFFECT OFFICER BEHAVIOR?

III. HOW CAN TECHNOLOGY HELP?

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INSPIRATION FOR RESEARCH

1) Long, tiring, costly, stupid arrest procedures

2) “Book learning” vs. personal observation of arrest behavior

“Textbook” Arrest Considerations Observed Arrest Considerations

Crime Seriousness Need for Overtime Money 

Victim Credibility & Cooperation Need to earn Time Off

Suspect Demeanor Commuting Issues

Suspect‐Victim Relationship Post‐Work Plans

Level of Informal Social Control Frustration with Arrest Procedures 

Administrative Policies Aversion to Prisoner Contact

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I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?

Paperwork• All forms hand-written, even if later entered into computer (“Integrity Concerns”)• Complaint Reports (Omniform System) - over 200 entries. • Data transfer only between Complaint Report & Arrest Report

• No transfer of boilerplate from legal codes• Separate forms for

– Prisoner Pedigree Card (for Arrest Log)– Desk Appearance Ticket Express Report (2 identical 12-pg, hand-written copies) – Juvenile Report– Domestic Incident Report – Stop, Questions and Frisk Report– Different types of property vouchers (must be typed on typewriter)– Different types of lab analyses– Aided Report– Accident Report – Medical Treatment of Prisoner – Drunk-Driving Testing– Added forms/Supporting Depositions required by Borough DAs– Arrest Documentation Checklist (the “form form”)– Arrest Overtime Tracking Sheet

• Shortages of forms, toner, typewriter ribbon, etc.

• Lousy tech support.

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I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?

Prints / Rapsheets / Mugshots

• Livescan System breakdowns

• 3-hour wait for Criminal Record (Rap Sheet)

• Delayed re-do/re-send

• Digital camera breakdown• Reliance on (sometimes unavailable) “Experts”

– Arrest Processing Officer– Civilian Photographer

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I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?

DA-Generated Delays

• Documents e-faxed from precinct SH to DA’s Office (line not working, etc.)

• Long queue to draw up Complaint Affidavit with ADA

• “Live” victim interview cases jump queue.

• ADA avoidance of “hard” cases & friction with POs

• ADA demands re-writes, additional forms

• ADAs off-duty at 11 pm

• Different procedures by Borough – officer confusion

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II. HOW DOES LONG, ARDUOUS ARREST PROCESSING AFFECT ARREST BEHAVIOR?

Arrest-making for substantial overtime?

Arrest-avoidance to assure timely sign-out and fulfill personal commitments?

Arrest-avoidance to escape the ordeal of arrest processing?

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RESEARCH METHOD

• Anonymous survey of 655 patrol officers

• On-duty In-Tac Training in all NYC boroughs

• Bribery with bagels, cookies, etc.(thank you, NSF!)

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SAMPLE GROUPS

Number of Arrests in Last Full Month Worked

1413121110876543210

Perc

ent o

f Off

icer

s

35

30

25

20

15

10

5

0

Officers Overall (Core Group)

506 POs who patrol at least 3x/week, solo or with partner(1.6 arrests per month )

No-Arrest Subgroup

151 POs (30%) with no arrestsin previous month

High-Arrest Subgroup

95 POs (19%) with at least 3 arrests in previous month(54% of Core Sample’s arrests)

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Do officers alter their arrest behavior to maximize overtime?

ARREST TIMING

OFFICERS OVERALL: 25% of arrests in the last hour of work

(Twice the expected rate, thus maximizing OT)

HIGH-ARREST OFFICERS : 27% of arrests in the last hour of work.

(More skill in timing their arrests? More motivated by OT?)

NO-ARREST OFFICERS: 20% of arrests in the last hour of their tour.

(Less skill in timing their arrests? Less motivated by OT?)

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Do officers alter their arrest behavior to maximize overtime?

FINANCIAL NEED

All groups the same re:

- Dissatisfaction with Finances (7.7 on 0 to 10 scale)

- Percent income from non-PD sources (29% - high dependence on PD salary)

- Adequacy of other OT sources (3.2 on 0 to 10 scale)

BUT

Asked to what extent do they need overtime money from arrests on routine patrol…

(0 = “no need” > 10 = “great need”)

OFFICERS OVERALL……..5.4HIGH-ARREST OFFICERS..6.5NO-ARREST OFFICERS…..4.5

(“Addiction to OT”?)

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Do officers alter their arrest behavior to maximize overtime?

OVERTIME AS AN ARREST FACTOR

Top 8 Arrest Priorities of Overall Group (of 31) No-Arrest High-Arrest

1. Seriousness of crime 1st t1st

2.  Willingness of complainant to prosecute 3rd 3rd

3.  Attitude/demeanor of the suspect 4th 4th

4.  Attitude/demeanor of complainant/victim  8th 5th

5.  Need to get off work on time for social commitment 6th 6th

6.  Difficult / dangerous / filthy / sick  prisoner 5th 9th

7.  Manpower / number of sectors running 7th 7th

8.  Need to make overtime money  14th 2th

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ARREST FACTORS1. Level/seriousness of the offense 17. Lack of another officer to take your arrest

2. Willingness of complainant to prosecute 18. Desire to go into station house / take break from patrol

3 . Attitude/demeanor of the suspect 19. Need to make comp time

4. Attitude/demeanor of complainant/victim 20. Class / type of suspect (derelict, blue‐collar, VIP, etc)

5. Need to get off work on time for social commitment 21. Pressure to limit overtime

6. Difficult / dangerous / filthy / sick prisoner 22. Class of complainant (homeless, blue‐collar, VIP, etc.)

7. Manpower / number of sectors running 23. Judgment /opinions of other officers

8. Need to make overtime money 24. Desire for career advancement / plainclothes assignment

9. Pressure from supervisor / CO to make arrest 25. Need to carpool / beat rush hour / catch train / etc.

10. Presence of supervisor 26. Bad weather

11. Presence of bystanders / personal safety 27. Boredom

12. Request to take coworker’s arrest/give away yourarrest

28. Pedigree of suspect ( race, sex, age, etc.)

14. Long/complicated paperwork or processing 29. Need to get off work on time for second job

13. Likeliness of being rescheduled to see ADA/go tocourt

30. Pedigree of complainant (race, sex, age, etc.)

15. Need to get off work on time for child‐related activity 31 Need to get off work on time for college‐related activity

16. Desires/expectations of community

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Do officers alter their arrest behavior to maximize overtime?

USE OF ARREST OT-SEEKING PATROL TACTICS(ordered by frequency)

- NO-ARREST OFFICERS used FEWER OT-seeking patrol tactics than the group as a whole.

- HIGH-ARREST OFFICERS used MORE OT-seeking patrol tactics than the group as a whole.

TACTIC % “SOMETIMES -OFTEN-ALWAYS”

1. More patrol in easy-arrest areas in 2nd half of tour 41%

2. Faster responses to crimes in progress in2nd half of tour 38%

3. More diligent searches for suspects in 2nd half of tour 37%

4. More car stops & license plate checks in 2nd half of tour 34%

5. More domestic violence calls (mandatory arrest) in 2nd half of tour 28%

6. More effort to persuade complainant to prosecute in 2nd half of tour 19%

7. More looking for any minor violation in 2nd half of tour 18%

8. More stop/question/frisk in 2nd half of tour 16%

9. Followed up on every pick-up complaint in 2nd half of tour. 16%

10. Chose to arrest for summons-eligible offense in 2nd half of tour 8%

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Do officers avoid arrests to fulfill post-work commitments?

Officers overall felt they had to get off work on time (no arrest) in proportion to their frequency of …

1. Commuting Concerns (beating rush hour, catching bus/train/carpool, etc.)

2. Caring for children / family members

3. Appointments

4. Dates/Social Engagements

5. Second Jobs

6. School

(ordered by correlation of frequency of commitment & need for timely end of tour)

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Do officers avoid arrests to fulfill post-work commitments?

Asked how often they must end their tour on time due to post-work commitments or concerns…

• 26% of OFFICERS OVERALL felt they could NEVER extend their tour with a non-mandatory arrest .

• 30% of NO-ARREST OFFICERS felt they could NEVER extend their tour with a non-mandatory arrest .

• 15% of HIGH-ARREST OFFICERS felt they could NEVER extend their tour with a non-mandatory arrest .

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Do officers avoid arrests due to the difficulties of processing?

OFFICERS OVERALL felt “turned off” to arrest in proportion to their concern that…

1. Procedures are long and tiring, especially after working 8 hours

2. Arrest forms are boring and repetitious

3. PO may be disciplined for taking too long

4. Procedures may be complex or confusing

5. Staff with computer/equipment skills may be unavailable

6. PO may make mistake/ look bad / be reprimanded

7. PO may need to testify

8. PO may need to write lengthy or difficult narrative

9. PO may need to go to different locations, e.g. DWI

10. Prisoner may make allegations to Internal Affairs / CCRB

11. Computer/ processing equipment may be down

12. Prisoner may need to go to hospital

13. Prisoner may be filthy, have foul odor

14. Prisoner may be drunk or emotionally disturbed. .

15. Prisoner may be violent

16. Prisoner may be verbally abusive.

17. Prisoner may be infectious (AIDS, TB, lice, etc.)

18. Prisoner may try to escape

(ordered by level of correlation)

OFFICERS OVERALL were more turned off to arrest by administrative issues than prisoner issues.

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Do officers avoid arrests to fulfill post-work commitments ?Do officers avoid arrests due to the difficulties of processing?

FAMILY COMMITMENTS & PROCESSING DIFFICULTIES AS ARREST FACTORS

Arrest Priorities of Overall Group (of 31) No-Arrest High-Arrest

6.   Difficult /dangerous/filthy/sick prisoner  5th 9th

8.  Need to make overtime money  14th 2nd

14. Long, complicated paperwork or processing  9th 26th

15. Need to get off work for child‐related activity 12th 20th

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Do officers avoid arrests to fulfill post-work commitments ?Do officers avoid arrests due to the difficulties of processing?

USE OF ARREST- AVOIDING PATROL TACTICS

OFFICERS OVERALL used arrest-avoiding tactics MORE OFTEN than arrest seeking tactics.

NO-ARREST OFFICERS used FEWER OT-seeking patrol tactics than the group as a whole.

HIGH-ARREST OFFICERS used MORE OT-seeking patrol tactics than the group as a whole

TACTIC % “SOMETIMES -OFTEN-ALWAYS”

1. Conducted no car stops & license plate checks 53%

2. Conducted no stop/question/frisk 51%

3. Ignored minor violations 42%

4. Avoided easy-arrest areas 43%

5. Prolonged non-crime assignments (aided, clerical, etc.) 38%

6. Used summons instead of arrest 36%

7. Drove slowly & conspicuously to crimes in progress 27%

8. Ignored pick-up complaints from non-involved parties 25%

9. Discouraged complainants from prosecuting 23%

10. Avoided domestic violence calls (mandatory arrest) 20%

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II. HOW DOES THE NYPD’S LONG, ARDUOUS ARREST PROCESSING AFFECT OFFICER BEHAVIOR?

Summary findings:

1) Officers overall adapt their arrest behavior -- to enhance overtime- to meet post-work commitments - to avoid the ordeal of processing

2) The process is primarily an arrest-making deterrent for the low-arrest majority,but an arrest-motivator for OT-minded high-arresters.

Consequences;1) Waste – money, time, trees2) Loss of patrol strength3) Moral quandary for officers: job vs. family4) Compromised justice

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Post script: Survey of 130 PDs in Cities over 100,000(2002)

Average processing time 1¾ hours.

72% used personnel other than A/O for all processing tasks:Fingerprinting - Retrieving Criminal Records - Taking Photos Data Entry - Guarding Prisoners - Transporting Prisoners Handling Prisoners in /awaiting Court

Some PDs had better technology: Card-swipe driver’s licensesComputer in patrol car for direct data entryE-Citation from field transmitted to court Facial recognition technologyUnified storage system for prisoner raps, warrants, photos, medical, etc.

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III. HOW CAN TECHNOLOGY HELP?

• Issues:• Direct data entry• Reducing number of forms• Access to “boilerplate”• Tech assistance• Efficient transfer of documents to DA, etc.• Efficient acquisition of Criminal Histories (Raps)• Quality/Integrity