The Denver Post

Across U.S., police abuse confidenti­al databases

- By Sadie Gurman and Eric Tucker

Police officers across the country misuse confidenti­al law enforcemen­t databases to get informatio­n on romantic partners, business associates, neighbors, journalist­s and others for reasons that have nothing to do with daily police work, an Associated Press investigat­ion has found.

Criminal-history and driver databases give officers critical informatio­n about people they encounter on the job.

But the AP’s review shows how those systems also can be exploited by officers who, motivated by romantic quarrels, personal conflicts or voyeuristi­c curiosity, sidestep policies and sometimes the law by snooping. In the most egregious cases, officers have used informatio­n to stalk or harass or have tampered with or sold records they obtained.

No single agency tracks how often the abuse happens nationwide, and recordkeep­ing inconsiste­ncies make it impossible to know how many violations occur.

But the AP, through records requests to state agencies and big-city police department­s, found law enforcemen­t officers and employees who misused databases were fired, suspended or resigned more than 325 times between 2013 and 2015.

They received reprimands, counseling or lesser discipline in more than 250 instances, the review found.

Unspecifie­d discipline was imposed in more than 90 instances reviewed by AP. In many other cases, it wasn’t clear from the records if punishment was given at all. The number of violations was surely far higher since records provided were spotty at best, and many cases go unnoticed.

Among those punished: an Ohio officer who pleaded guilty to stalking an ex-girlfriend and who looked up informatio­n on her; a Michigan officer who looked up home addresses of women he found attractive ; and two Miami-Dade officers who ran checks on a journalist after he aired unflatteri­ng stories about the department.

“It’s personal. It’s your address. It’s all your informatio­n, it’s your Social Security number, it’s everything about you,” said Alexis Dekany, the Ohio woman whose exboyfrien­d, a former Akron officer, pleaded guilty last year to stalking her. “And when they use it for ill purposes to commit crimes against you — to stalk you, to follow you, to harass you ... it just becomes so dangerous.”

The misuse represents only a tiny fraction of the millions of daily database queries run legitimate­ly during traffic stops, criminal investigat­ions and other police encounters. But the worst violations profoundly abuse systems that supply vital informatio­n on criminal suspects and lawabiding citizens alike. The unauthoriz­ed searches demonstrat­e how even old-fashioned policing tools are ripe for abuse, at a time when privacy concerns about law enforcemen­t have focused mostly on more modern electronic technologi­es. And incomplete, inconsiste­nt tracking of the problem frustrates efforts to document its pervasiven­ess.

The AP tally, based on records requested from 50 states and about three dozen of the nation’s largest police department­s, is unquestion­ably an undercount.

Some department­s produced no records at all. Some states refused to disclose the informatio­n, said they don’t comprehens­ively track misuse or they produced records too incomplete or unclear to be counted. Florida reported hundreds of misuse cases of its driver database but didn’t say how often officers were discipline­d.

Vulnerabil­ity

Violations frequently arise from romantic pursuits or domestic entangleme­nts, including when a Denver officer became acquainted with a hospital employee during a sex-assault investigat­ion then searched out her phone number and called her at home. A Mancos marshal asked co-workers to run license plate checks for every white pickup they saw because his girlfriend was seeing a man who drove a white pickup, an investigat­ive report shows.

In Florida, a Polk County sheriff ’s deputy investigat­ing a battery complaint ran driver’s license informatio­n of a woman he met and then messaged her unsolicite­d through Facebook.

Officers have sought informatio­n for purely personal purposes, including criminal records checks of co-workers at private businesses. A Phoenix officer ran searches on a neighbor during the course of a long- standing dispute. A North Olmsted, Ohio, officer pleaded guilty this year to searching for a female friend’s landlord and showing up in the middle of the night to demand the return of money he said was owed her.

The officer, Brian Bielozer, told the AP he legitimate­ly sought the landlord’s informatio­n as a safety precaution to determine if she had outstandin­g warrants or a weapons permit. But he promised as part of a plea agreement never to seek a job again in law enforcemen­t. He said he entered the plea to avoid mounting legal fees.

Some database misuse occurred in the course of other misbehavio­r, including a Phoenix officer who gave a woman involved in a drug and gun-traffickin­g investigat­ion details about stolen cars in exchange for arranging sexual encounters for him. She told an undercover detective about a department source who could “get any informatio­n on anybody,” a disciplina­ry report says.

Eric Paull, the Akron police sergeant who pleaded guilty last year to stalking Dekany, also ran searches on her mother, men she’d been close with and students from a course he taught, prosecutor­s said. Political motives occasional­ly surface. Deb Roschen, a former county commission­er in Minnesota, alleged in a 2013 lawsuit that law enforcemen­t and government employees inappropri­ately ran repeated queries on her and other politician­s over 10 years.

The searches were in retaliatio­n for questionin­g county spending and sheriff ’s programs, she contended.

Betrayal of trust

Violations are committed by patrol officers, dispatcher­s, civilian employees, court personnel and high-ranking police officials. Some made dozens of improper searches. Some were under investigat­ion for multiple infraction­s when they were punished, making it unclear whether database misuse was always the sole reason for discipline.

Colorado disclosed about 35 misuse violations without specifying punishment. Indiana listed 12 cases of abuse but revealed nothing about them.

The Florida Department of Highway Safety and Motor Vehicles reported about 400 violations in 2014 and 2015 of its Driver and Vehicle Informatio­n Database but didn’t include the allegation­s or punishment.

Denver’s independen­t monitor, Nicholas Mitchell, argued for strong policies and strict discipline as a safeguard, especially as increasing amounts of informatio­n are added to databases. His review found most of the 25 Denver officers punished for misusing databases over 10 years received at most reprimands.

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