Police Accountability and Transparency

The Office of Police Accountability and Transparency (OPAT) exists to investigate complaints of police misconduct. Our office ensures that the Boston Police Department’s internal affairs review process is fair and thorough. We also review existing and proposed Boston Police policies and procedures.

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• persons suspected of engaging in criminal activity, or
• persons associating with those suspected of criminal activity.

The rule offers guidance on those stops that implicate an individual’s Fourth Amendment rights. It also clarifies how officers should document interactions with those suspected of criminal activity, or associates of those individuals, in a Field Interaction / Observation / Encounter (“FIOE”) Report. The report provides officers with the mechanism to describe the conditions and circumstances involved in these interactions.

DEFINITIONS

Below are the definitions in Rule 323 - Field Interaction / Observation / Encounter (“FIOE”) Regulations:

Sec. 3.1 Encounter:

Defined as an agreed upon interaction with an individual that does not lead to an official stop and/or frisk. If you encounter an individual with the reason for gathering information, you must document the interaction.

Sec. 3.2 Field Interaction/Stop:

Defined as holding an individual in custody briefly, whether on foot or in a vehicle, based on reasonable suspicion. This is to determine the individual’s identity and settling the officer’s suspicions.

Sec. 3.3 Frisk:

Defined as the pat down of the outer clothing, and the area where the person's weapon or weapons are located. An officer may only frisk when they have specific reason that leads them to believe that the person with whom they are dealing with:

• may be armed, and
• may pose a threat to the officer or others.

Sec. 3.4 Intelligence:

This consists of documented information on activities and associations of individuals, organizations, businesses, and groups who are either:

1. suspected of actual or attempted planning, organizing, financing, or involvement of criminal acts, or
2. suspected of being associated with criminal activity with known or suspected criminals.

Sec. 3.5 Observation:

Defined as a direct viewing of an individual by an officer that does not include actual contact with the individual. Reasonable suspicion is necessary when conducting an observation of an individual. But, the purpose of documenting the observation must be to gather information to justify documenting the observation.

Sec. 3.6 Probable Cause:

This exists when an officer reasonably believes a person has committed a crime. The belief is reasonable when it rests on a real reason that is unbiased. Probable cause may be based on observations or multiple reasons, including, but not limited to:

• the individual’s prior criminal record
• flight from the police, and
• the giving of evasive or conflicting responses to police questioning.

Sec. 3.7 Reasonable Suspicion:

This exists when an officer, based on specific facts and the truth from those facts, believes that an individual:

• has committed
• is committing, or
• is about to commit a criminal offense.

Sec. 3.8 Search:

This is conducted to seize evidence. An officer must have probable cause in order to conduct a search of an individual or their property.