Internal Affairs Investigations
An IA notice can arrive without warning. What you say in that interview can shape discipline, termination, certification, and future employment. Lady Law Shield helps officers and first responders get ready before they sit down.
If you get the IA notice
An internal affairs investigation can start without warning, and how you handle the notice and the interview matters. Work through these eight steps.
1
Get the notice in writing.
You should be notified in writing of the complaint and what will be investigated. If you were not, that may be a violation. Some agencies also let you respond in writing.
2
Know your agency's policies.
What the notice is called and how it works differs by agency, region, and state. Find your policy, learn it, and use it. If your agency has no procedure, that is worth questioning.
3
Talk to the right people only.
Whether you are the target or a witness, do not discuss the investigation with coworkers or even your supervisor. You can talk to your attorney, your union rep, and your union attorney. Breaking this can get you fired.
4
Expect to sit for the interview.
Refusing is grounds for discipline or firing under most policy manuals, even if you believe the complaint is unfair. Go in and advocate for your rights while you are there.
5
Ask to review your body cam first.
In almost every state, you have this right through policy, state law, or both. If you are asked about video you have not seen, respectfully ask to pause, watch it, and come back. You are not refusing. You are refreshing your recollection, like reading your report before you testify.
6
Listen to the actual question.
You will walk in nervous and with a guess about what they want. Do not answer the question you think they meant, and do not volunteer the follow-up they did not ask. If it is a poor question, make them ask a better one.
7
Let the silence sit.
Good investigators ask, then wait, because people get uncomfortable and fill the gap. Answer, then stop. Do not talk too much.
8
Bring in your attorney or union rep.
They are the people you are allowed to talk to about it, so get them involved before the interview, not after.
Let them ask. Think about the question. Answer it. Then stop. One of the biggest mistakes people make in an IA interview is talking too much.
"Internal affairs investigations are not a rights-free zone."
Bridget Truxillo, Esq., writing in Police1
Read Bridget's published articles →Rights vary by state.
Know the statutes where you work, along with your agency's manual.
Policy does not outrank the law.
Agency policy does not override state statutory protections. A required policy that is missing can itself be noncompliance.
The investigator is not the judge of the law.
An instruction given in the room may reflect agency custom and not what the statute says.
Raise it before the interview.
Once a statement is given, the damage may already be done.
One officer objected. The policy changed for everyone.
An officer under investigation was refused the chance to watch his body cam video before being questioned about it. The complaint against him was not sustained, and he still objected to how the interview was run. The agency's policy turned out not to comply with state law. The firm filed a complaint with the district attorney's office, and the department changed its policy. Every officer there now knows they can stop an interview and watch the video before answering questions about it.
What a finding can turn into
The interview is one step. The finding can lead somewhere else, and the firm handles each of these.
Where the work starts
Most officers who reach out are not looking to file a lawsuit. They are trying to understand what is happening to them, what their options are, and what to do this week. That is where the work starts.
Schedule Consultation- 1
Checks how you were notified
More than likely, your agency is supposed to formally serve you with the complaint or a notice of investigation. The firm starts with whether that happened and what your policy says about it.
- 2
Checks the policy against the law
If the agency has no procedure, the firm looks at whether it is supposed to have one. If it has one, the firm looks at whether it complies with state law.
- 3
Takes it to whoever enforces it
Where a policy does not follow the law, the firm raises it with the body that can enforce it.
Built by a Cop, for Cops and First Responders
Bridget was a Deputy Sheriff in Florida, spending time on patrol, in the Narcotics and Organized Crime Unit (NOCU), and on the SWAT team. She experienced the pressures of law enforcement firsthand, in the field and within her own department. Then she became an attorney.
"I have recommended Lady Law Shield since my positive experience and will continue to do so. It is a positive to have an attorney with experience in the Law Enforcement profession. I believe the integrity, ethics and dedication by Lady Law Shield is unmatched."
Questions officers ask
Can internal affairs investigate me without notifying me?
More than likely, your agency is supposed to formally serve you with the complaint or a notice of investigation. What that notice is called differs by agency, region, state, and city, but your policies probably have a rule about it. The firm gets a lot of calls about this from officers across the country: investigated behind their back, then brought in without ever being served. Find that rule and use it.
How should I answer a vague question in an internal affairs interview?
Do not answer the question you think they meant, and do not supply the follow-up they did not ask. In Bridget's words: "Make them ask the right questions." Good investigators ask, then wait, because people get uncomfortable and fill the gap. If your answer is followed by silence: "Let there be a pause." Answer what was asked, then stop.
What if my agency has no internal affairs policy?
That is worth questioning. As Bridget puts it, "that's definitely not standard procedure to have no procedure." Agency policy does not override state statutory protections, and a required policy that is missing can itself be noncompliance. When an agency has no procedure, the firm looks at whether it is supposed to have one. Know what your policies say, and raise the gap before the interview.
Can I refuse an internal affairs interview?
Expect to sit for the interview. Refusing is grounds for discipline or firing under most policy manuals, even if you believe the complaint is unfair. Go in and advocate for your rights while you are there. If something about the process is wrong, raise it before the interview, because once a statement is given, the damage may already be done. Get your attorney or union rep involved before the interview, not after.
Can I watch my body cam video before an internal affairs interview?
In almost every state, you have this right through policy, state law, or both. If you are asked about video you have not seen, respectfully ask to pause, watch it, and come back. You are not refusing. You are refreshing your recollection, like reading your report before you testify. Rights vary by state, so know the statutes where you work, along with your agency's manual.
If the notice is on your desk, do not wait.
Get your attorney involved before the interview, not after.
This page is general information, not legal advice. Laws and department procedures vary, and every situation is different. Speak with an attorney about yours.