Formal complaint: Response to resistance and other policy violations

OF
GIVE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0179
April 20, 2020
Complaint: The complainant,
, alleges that Austin Police Department
(APD) officers may have used excessive force during his son's arrest.
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):
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the
circumstances to successfully accomplish the legitimate law enforcement purpose in accordance
with this order.
214.1 PURPOSE AND SCOPE - VEHICLE PURSUITS
Vehicle pursuits expose innocent citizens, law enforcement officers, and fleeing violators to the
risk of serious injury or death. The primary purpose of this order is to provide officers with
guidance in balancing the safety of the public and themselves against law enforcement's duty to
apprehend violators of the law. Another purpose of this order is to minimize the potential for
pursuit-related crashes. Vehicular pursuits require officers to exhibit a high degree of common
sense and sound judgment. Officers must not forget that the immediate apprehension of a subject
is generally not more important than the safety of the public and pursuing officers.
301.1 PURPOSE AND SCOPE - RESPONSIBILITY TO THE COMMUNITY
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.
303.3 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
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
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an 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. The BWC should only be activated for law enforcement
purposes.
306.9 FRISK (PAT-DOWN) FOR WEAPONS
A frisk is a mere pat-down of the outer clothing, area, vehicle or container to which a detained
person may have immediate access. The purpose of a limited weapons frisk after an investigatory
stop is not to discover crime, but to allow the officer to pursue the investigation without fear of
violence. An officer does not need to be absolutely certain that an individual is armed; the issue is
whether a reasonably prudent person would justifiably believe that he or others were in danger.
318.5.1 MIRANDA WARNING
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.