APD too lax on database violations, police oversight director says
Access to NCIC records is regulated
The executive director of the Civilian Police Oversight Agency has raised questions about how thoroughly Albuquerque police investigate officers who possibly misuse a federal law-enforcement database.
Edward Harness, the director, said at a recent public meeting that he reviewed a case in which an officer accused of misusing the database in a civilian complaint was cleared of wrongdoing. The case marked the third time that Albuquerque police’s use of the National Crime Information Center database has been the subject of a complaint against an officer.
“There is a pattern of this being taken lightly when it’s actually a violation of law,” Harness said.
Celina Espinoza, a police spokeswoman, said Albuquerque police internal affairs unit or the Civilian Police Oversight Agency will investigate possible misuse of the NCIC database, depending on how the incident was reported to the department. She said the department’s NCIC use is audited each year by the Department of Public Safety.
She said the department takes the database seriously, and she provided the Journal with a memo that Chief Gorden Eden sent all officers in March 2015 telling officers to only use the database for proper purposes.
Officers can be charged with a federal crime for using the database without the proper authorization. And police departments have been suspended from using the database for patterns of misuse. The database contains confidential information that is not available to the public.
The case in question started when Robert Tyler, the husband of Albuquerque Police Department Maj. Jessica Tyler, filed a complaint against Sgt. Adam Anaya that alleged that the sergeant had used the database to get personal information on him.
Jessica Tyler leads the Albuquerque Police Academy.
Harness told board members during a public meeting last week that it was determined that Robert Tyler’s name had been run through the database. He said there were questionable reasons for doing the search, but Albuquerque police didn’t contact DPS.
Robert Tyler said he was at a restaurant and overheard officers talking about the Albuquerque Police Academy. He said an officer then followed him outside and appeared to take his license plate, Harness said.
Overhearing officers discussing something in a public place doesn’t give police the authorization to use the law enforcement database, he said.
Tom Grover, Anaya’s attorney, said Anaya only checked Tyler’s plate because it appeared Tyler was filming Anaya and several other officers. Grover said New Mexico law allows people to record a conversation only if they are a part of that conversation.