Formal complaint: Required parent notification, Working with Parents, General guidelines for interrogating juveniles, and other policy violations

OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0745
July 20, 2021
Complaint: The complainant alleges his son was questioned by Detective
without
parental consent or legal representation after the complainant had verbally and electronically told
him
that he was not to speak to the child without their presence. Complainant alleges his
son was taken to the
to give a swab sample for DNA testing and was taken by
Detective
where he interrogated the child without parents being around, the
Detective accused the child of being guilty of a crime by telling the minor he did it and this has
not played out in court yet. The complainant alleges that he received a call recently from the
Detective saying that APD has a warrant now out for the minor even though there hasn't been any
condemning evidence. The complainant alleges his son was traumatized by the officer and this is
unethical how his son is being treated and harassed.
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):
317.2.3 REQUIRED PARENT NOTIFICATION
In contrast to detention situations, the law requires that a child's parent/guardian be promptly
notified when the child is in police custody.
317.5.2 WORKING WITH PARENTS
A child's parent or guardian has personal legal responsibility for the child's welfare and behavior.
The Department recognizes this responsibility and police officers will work with parents as
closely as possible in interviewing children.
317.5.4 GENERAL GUIDELINES FOR INTERROGATING JUVENILES
(a) Interrogations: An interrogation is the questioning of a juvenile who is suspected of a status
or criminal offense.
3. Custodial Interrogations: The Miranda warning administered by a magistrate must
precede all custodial confessions. Prior to conducting a custodial interrogation of a
juveniles, employees will confer with the juvenile and parents or guardians to
explain agency and juvenile justice system procedures. The custodial interrogation
of a juvenile may take place in two types of situations; the exact procedures to be
followed vary depending on the situation.
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
LOSTER
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
403.4 STATEMENTS AND CONFESSIONS
The purpose or objective of a statement or confession is to take lawful and accurate statements that
corroborate the elements and details of an incident. In doing so, investigators and supervisors will
be cognizant of such factors as the mental and intellectual abilities of the subject being interviewed
and the duration of the interview itself. Written and oral statements or confessions should not be
utilized as the sole basis for the filing of charges; any statement or confession should be
corroborated by other legally obtained evidence or verified in an appropriate manner.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint 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.