Khat fight!<\/p>\n
The city\u2019s largest police union is battling an NYPD watchdog group over what constitutes a body cavity search after\u00a0cops found a man with <\/a>African drug khat, which can stain a user\u2019s mouth \u2014 and ordered him to open up for inspection. <\/p>\n Cops pulled over the 28-year-old driver on McDonald Avenue in Midwood, Brooklyn in October and saw khat, or Bushman\u2019s tea in his car, police sources said.<\/p>\n Khat leaves are sold in Kenya and known for leaving users feeling euphoric. Getty Images<\/p>\n One officer asked the driver to open his mouth because khat \u2014 a plant whose leaves are chewed for its euphoric effects and is illegal \u2014 can turn a person\u2019s mouth green or brown.\u00a0<\/p>\n When the cops allegedly saw the driver\u2019s tongue was discolored, they arrested him and found $100,000 in suspected drug proceeds in the car, according to the sources.\u00a0<\/p>\n The driver, whose name wasn\u2019t released because the case was later sealed, complained about the stop to the Civilian Complaint Review Board, which opened a probe against the cop claiming abuse of authority.\u00a0<\/p>\n About 100 investigators \u2014\u00a0some of whom have been public about their anti-NYPD bias<\/a>\u00a0\u2014 probe complaints lodged against cops.<\/p>\n Christian Jett, the CCRB investigator assigned to the khat case, labeled the incident \u201cAbuse of Authority: Cavity search,\u201d the PBA told the agency in a letter protesting the description.<\/p>\n The union insists asking a person to open their mouth during an arrest isn\u2019t a body cavity search. The NYPD Patrol Guide doesn\u2019t specify but seems to suggest\u00a0a body cavity search refers to a person\u2019s private parts.<\/a><\/p>\n CCRB Executive Director Jonathan Darche ordered his invesigator to tell the NYPD officer he could be penalized for impeding an investigation, which could include being fired. CCRB<\/p>\n \u201cIf pursuant to a strip search, any object or foreign material is visually detected within any body cavity of the suspect the desk officer will be notified immediately,\u201d the guide says in a section about the searches.<\/p>\n Cops frequently ask suspects to open their mouths to ensure they aren\u2019t holding drugs or weapons, said one recently retired veteran officer, who has 25 years on the job.<\/p>\n \u201cHaving someone open their mouth has never been a body cavity search,\u201d the former cop said.<\/p>\n The officer in the khat case could end up with a charge on his public record, stating he performed an illegal body cavity search, which looks bad to future employers, the retired cop said.<\/p>\n Christian Jett, an investigator for the Civilian Complaint Review Board, conducted the initial interview, according to the CCRB. Christian Jett\/ LinkedIn<\/p>\n \u201cIt\u2019s ridiculous because you\u2019re ruining somebody\u2019s career without having the facts,\u201d he said.<\/p>\n The union wrote a letter to the CCRB demanding it retrain or fire Jett for \u201cgross misconduct.\u201d<\/p>\n But the CCRB shot back that Jett didn\u2019t act improperly because the agency has deemed oral searches body cavity searches in the past, an agency spokesman said.<\/p>\n The CCRB has opened probes into \u201cimproper body cavity searches of the mouth at least 10 times, substantiating two of those allegations,\u201d CCRB spokesman Dakota Gardner said, adding that one officer was disciplined by the NYPD. He didn\u2019t provide details.<\/p>\n PBA President Patrick\u00a0Hendry called the CCRB \u201cshameful.\u201d J.C. Rice<\/p>\n \u201cNo\u00a0single\u00a0investigator solely\u00a0determines\u00a0which\u00a0allegations\u00a0to plead\u00a0and the implication that they do is\u00a0false\u00a0and misleading,\u201d he added.<\/p>\n This is the union\u2019s first improper cavity search of the mouth battle \u2014 and has been ramping up its fight against the CCRB,\u00a0suing the group twice in April<\/a>\u00a0for releasing disciplinary records and unsubstantiated misconduct claims.<\/p>\n