New Orleans, La. -
One of the issues addressed by the U.S. Justice Department's consent decree is the NOPD's use of field interview cards. Many have questioned the constitutionality of the cards, and the attorney for one NOPD officer says the department could be facing a lawsuit over the cards.
Eric Hessler represents NOPD Officer Darren Hartman. Hessler says Hartman was demoted recently, removed from his position in a specialized traffic unit and sent to a late afternoon patrol shift.
"He was disciplined because of his questioning of orders for him to field interview persons who were not suspected of committing a crime. I don't think they took kindly to his questioning of their authority and it began to snowball from there," Hessler said.
Hartman may soon file a lawsuit against the department. In it, he would ask for his old job back in the traffic division, and may ask for damages.
The field interview cards require officers to ask for a person's name, Social Security number, home address and race, among other things.
State Senator J.P. Morrell (D-New Orleans) explains, "There's a whole reason why on your state drivers license there's no section for your Social Security number because your Social Security number is the intimate basis of someone stealing your identity. However, even though the state of Louisiana, the state troopers, all of our governments decided that Social Security numbers are not necessary for this process, the NOPD is still collecting them."
An interoffice memo obtained by FOX 8 says officers are being instructed to complete FIC's whenever they come into contact with an individual, regardless of the reason. But ACLU President Marjorie Esman says that is unconstitutional.
"Under the law, a police officer can stop someone only if there's reasonable suspicion and that means they have to think that you... they have to have good reason to think that you have either just committed a crime or are about to commit a crime or are in the process of committing a crime," Esman explained.
And this isn't the first time there are questions and concerns about the FIC database. In 2011, the Department of Justice issued a report criticizing the NOPD's policy regarding the cards.
Now, in July 2012, that card policy will finally change.
The consent decree says the NOPD must establish clear and comprehensive guidelines controlling the use and preservation of FIC's, and that the cards should include the suspected crime relevant to any probable cause stop.
Hessler thinks it's good news, because he's heard numerous complaints from officers concerned about using the cards. And J.P. Morrell says it was only a matter of time before someone filed a lawsuit against the city because of what he calls questionable tactics.
Morrell will host a hearing Wednesday morning with other state senators at New Orleans City Hall to discuss the use of field interview cards. Even though the issue has been addressed in the consent decree, Morrell says he'd still like to hear some specifics, such as when the policies will be changed, and how.
NOPD Public Affairs Director Remi Braden sent a response to our inquiries Tuesday night. It reads in part, "Field interview cards document the proactive and constitutional policing allowed under the U.S. Supreme Court, and are a tool that has been used by the NOPD and police departments nationwide for decades in an effort to reduce crime... Officer Hartman was disciplined for not writing traffic citations as a trained accident investigator and for failing to write five automobile accident reports that he had been assigned."
