Formal complaint: De-escalation of potential force encounters and other policy violations

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0321
May 4, 2020
Complaint: Ms.
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during interactions with her. She alleges that eight men
with rifles and shields came to her door and that police used excessive force with her. She further
alleges that police broke her door and bedroom window, wouldn't let her hold her nursing baby,
and then took the baby to the back of a car and took the baby's clothes off and put them back on.
Ms.
also alleges that she was recording this incident on her cell phone and an officer told
her that if she did not put her code to unlock it, her son would be put in CPS custody. She further
alleges that when she did unlock her cell phone, the officer deleted the video footage of the
incident. She also alleges that officers returned to her house a second time with guns drawn
again. Ms.
alleges that she was afraid for her life and thought she was going to die.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-
escalation techniques to reduce the likelihood for force and increase the likelihood of voluntary
compliance.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way
to attempt to de-escalate a situation. Recognizing that circumstances may rapidly change,
officers may need to abandon de-escalation efforts after they have commenced. Understanding
that no policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific
officer training that addresses de-escalation.
E
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform
all duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
302.1 PURPOSE AND SCOPE
The Austin Police Department recognizes that members of the general public have a First
Amendment right to video record. photograph, and/or audio record APD officers while they are
conducting official business or while acting in an official capacity in any public space, unless
such recordings interfere with police activity.
302.2 INTERACTION WITH COMMUNITY
(c) As long as the photographing or recording takes place in a setting at which the
individual has a legal right to be present and does not interfere with an officer's safety
or lawful duties, officers shall not inform or instruct people that photographing or
recording of police officers, police activity or individuals who are the subject of police
action (such as a Terry stop or an arrest) is not allowed; requires a permit; or requires
the officer's consent. Additionally, officers shall not:
1. Order that person to cease such activity;
2. Demand that person's identification;
3. Demand that the person state a reason why he or she is taking photographs
or recording;
4. Detain that person;
5. Intentionally block or obstruct cameras or recording devices; or
6. In any way threaten, intimidate or otherwise discourage an individual from
recording officer's enforcement activities.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS
AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
(a) For purposes of this section, conclusion of an incident has occurred when:
1. All arrests have been made and arrestees have been transported; and
2. No further law enforcement action is likely to occur (e.g., waiting for a tow
truckor a family member to arrive.)
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
304.3.2 WHEN DMAV USE IS REQUIRED
This order is not intended to describe every possible situation where the system may be used.
In some circumstances it is not possible to capture images of the incident due to conditions or
location of the camera however the audio portion can be valuable evidence and is subject to the
same activation requirements.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the
Department, employees must conduct themselves at all times in a manner which does not bring
reproach, discredit, or embarrassment to the Department or to the City.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term
in any communications.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A classification.
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The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.