Councilors Ponte and Peckham file motion for formal investigation into Fall River Police Department’s questionable search warrant

Fall River City Council President and Chair of the Public Safety Committee Councilor Christopher Peckham have filed a motion to initiate a formal investigation into the actions of the Fall River Police Department. The move is in response to Fall River Reporter’s story From “One of the Best” to Targeted: How Fall River Police Department Weaponized a Warrant Against Ex-FRPD Officer. 

The motion reads as follows:

WHEREAS, Section 2-7(a) of the Fall River City Charter authorizes the City Council to investigate the conduct of any department, office, or agency of the City; and

WHEREAS, recent publicly reported information has raised concerns regarding actions taken by the Fall River Police Department involving the use of a search warrant to identify the individual behind an anonymous social media account; and

WHEREAS, such reporting alleges that the warrant was sought in response to critical online commentary directed at members of the department, rather than clearly defined criminal activity; and

WHEREAS, the affidavit supporting the warrant reportedly cited generalized concerns regarding harassment and officer safety, without identifying a specific underlying criminal offense; and

WHEREAS, it has further been reported that no criminal charges resulted from the investigation and that the warrant return may not have been filed within the timeframe required under Massachusetts General Laws; and

WHEREAS, these circumstances raise legitimate concerns regarding the potential misuse of investigative authority, the protection of First Amendment rights, and the appropriate threshold for establishing probable cause; and

WHEREAS, maintaining public trust in law enforcement requires transparency, accountability, and strict adherence to constitutional and statutory standards;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby exercises its authority under Section 2-7(a) of the City Charter to initiate a formal investigation into the actions of the Fall River Police Department related to this matter; and 

BE IT FURTHER RESOLVED that the City Council President, Vice President, and Chair of the Public Safety Committee are hereby authorized, on behalf of the full City Council, to retain independent outside legal counsel or a qualified investigative firm experienced in conducting governmental investigations and witness interviews, for the purpose of ensuring a thorough, impartial, and independent review of the facts.

BE IT FURTHER RESOLVED that the scope of the investigation shall include, but not be limited to:

    •    The basis for establishing probable cause in the application for the search warrant; 

    •    Whether the warrant was sought and executed in accordance with applicable laws and constitutional protections; 

    •    Whether any City resources or authority were used in a manner that could constitute an overreach or misuse of power; 

    •    Compliance with statutory requirements regarding the return and filing of the warrant; and 

    •    Any internal communications, policies, or directives related to the investigation and subsequent actions taken by the department; 

BE IT FURTHER RESOLVED that the City Council may request documents, testimony, and cooperation from relevant parties, including but not limited to the Police Department, legal counsel, and any other appropriate entities; and

BE IT FURTHER RESOLVED that findings of this investigation shall be reported publicly, along with any recommendations for policy changes, disciplinary action, or referral to appropriate state or federal authorities, if warranted. 

On his Facebook page, Ponte posted the following statement:

Tonight I am proud to co-sponsor a resolution with City Councilor Chris Peckham calling for accountability, transparency, and proper oversight following deeply concerning actions involving the use of a search warrant by our police department.

Recent information raises serious questions about whether the criminal justice system was used inappropriately to identify an individual behind a social media account that was critical of the department. The allegations, including questionable probable cause and failure to comply with legal timelines – strike at the core of public trust.

As elected officials, it is our responsibility to ensure that no agency….no matter how important…operates without accountability. Law enforcement plays a critical role in our community, but that role must always be exercised within the bounds of the law and with respect for civil liberties.

This resolution is about being pro-accountability, pro-transparency, and pro-Constitution.

Our residents deserve answers. They deserve confidence that the powers granted to government are not misused. And they deserve leadership that is willing to stand up and ask the tough questions.

I remain committed to ensuring that we get those answers and that the public’s trust is protected.