Formal complaint: Purpose and scope

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0317
April 6, 2020
Complaint: Mr.
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during an interaction with him. Mr.
states that
he frequents the area of
Street and feeds the people in the area. He alleges that on
one occasion while he was in this area, the following transpired:
"Officer
approached my car, asked me to roll my window down, asked me
who lived in the house I stopped in front of. I told him no, I just pulled over to pick up
food that fell over on the passenger side of my car. I was asked what I was doing at the
store. He asked me to roll my window down, SO the woman officer searched my car
without my permission."
A
Mr.
further alleges that multiple officers were around him and asked him what he
was doing at the store, stating that the female officer was ask him over and over what he
was
doing at the store. Mr.
states, "I mentioned that this is racial profiling, then they
turned around and said I was just playing with you, you are free to go. They asked at the very
end if I would let them search my car after they had done it and released me."
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):
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
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.
306.5 CONSENT
(a) Entry into a location or vehicle for the purpose of conducting a search for any item
reasonably believed relevant to any investigation is permitted once valid consent has
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
been obtained. Officers should be aware that overuse of the consent search can
negatively impact the Department's relationship with our community and only request
a consent search when they have an articulable reason why they believe the search
is necessary and likely to produce evidence related to an investigation. A search by
consent is only allowed if the following criteria are met:
1. The officer has explained the reason for the consent search request to their
supervisor (or their Corporal/Detective if their supervisor is unavailable) and
received their approval prior to requesting consent. If the officer is:
(a) Assigned to a specialized unit that has received specific training on
consent searches; or
(b) The officer has completed the department's Interdiction for the
Protection of Children (IPC) training and is actively conducting an IPC
investigation; then the officer would not need supervisor approval prior to
requesting consent.
2. Consent is voluntary (e.g., clear, specific and unequivocal).
3. Consent is obtained from a person who has the authority to give the consent
(e.g., care, custody and control of the location or vehicle).
4. The search does not exceed the scope of the consent given.
(b) Consent must be obtained as the product of a free will. It cannot be obtained through
submission to authority, either expressed or implied.
318.5.1 MIRANDA WARNING
(a) Officers will administer the Miranda Warning to a subject during a custodial interview/
interrogation when questioning begins to focus on the person stopped, becoming
accusatory regarding a specific offense.
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.
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.
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.