Formal complaint: Display of firearms, Handcuffing detainees, Required documentation, General guidelines, and Criminal trespass notice

OF
CITY
SUBMIT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0871
September 1, 2021
Complaint: Complainant alleges: she was driving and she saw two police cars on the corner of
and
,
and two other police cars pulled up. Complainant alleges
there was a girl in about her late twenties with pink hair, who did not look like she was carrying
any weapons and did not look threatening at all, who was grabbed by the arm really hard by one
of the police officers. Complainant alleges it was very concerning. Complainant alleges it was
completely unacceptable for a police officer to come up to somebody who was not posing any
threat and do that and if the girl needed a witness she would be happy to be a witness for her.
This notice of. formal complaint is a request for Internal Affairs to initiate an investigation 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):
202.1.4 DISPLAY OF FIREARMS
Firearms may be readied for use in situations where it is anticipated they may be required. Firearms
shall not be displayed or pointed in a threatening or intimidating fashion unless it is objectively
reasonable to believe there is a substantial risk that the situation may escalate to the point where
deadly force would be permitted. Firearms shall be secured or re-holstered as soon as reasonably
practicable when it is determined that deadly force is no longer necessary.
318.3.1 HANDCUFFING DETAINEES
(e) If not documented in a report, officers will document their justification for handcuffing a
detainee for a limited investigation, with a Street Check/Field Interview report.
1. Officers will check "detained" in the Reason field dropdown list.
2. Officers will justify handcuffing the detainee in the Remarks field.
328.3.2 REQUIRED DOCUMENTATION
Every member of the Department is required to document and report to the Department any
detention, frisk, search, nonconsensual stop and/or arrest of a person. Officers shall document the
OF
GINE
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
following information in the appropriate fields of an incident report, field release citation, warning,
field observation card or electronic street check.
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim.
An incident number will be assigned and all required fields completed during documentation
anytime an employee observes or receives any information concerning the following, but not
limited to:
(a) Criminal or suspected criminal offenses, regardless of the victim's level of cooperation.
437.3.1 CRIMINAL TRESPASS NOTICE
When an officer witnesses a subject being given a trespass notice by an owner/agent, the officer
shall document the incident by either writing a "Criminal Trespass Notice" incident report (title
code 2730) or complete a Criminal Trespass Notice Incident Form (PD0040 or PD0040E). A
subject does not need to be on the property at the time the notice is given in order for the notice to
be valid.
If the notice is to be temporary and the suspect leaves when told to do SO by the owner/agent, the
officer will title the report "Assist Complainant" and document that the notice was temporary and
should not be considered a permanent (e.g., up to one year) notice.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B classification.