Formal complaints: Impartial attitude and courtesy, Handcuffing detainees, and other policy violations

OF
CITY
HUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0750
July 20, 2021
Complaint: The complainant alleges she was driving down
where it turns into
and noticed an undercover squad of cars that had a maroon Impala pulled over on the
side of the road. She alleges that she looked as they were searching the vehicle and noticed that
Officer
had saw her on looking. She kept driving as she was on her way home, and realized
she had a car with cop lights pulling her over. She pulled to the side and immediately realized it
was Officer
#
that was pulling her over, he initially told her she had ran a stop sign in
which the complainant told him she did not run through any stop signs, Officer
then asked
her to step out of the car and handcuffed her while he searched her car. The complainant alleges
he did not find anything in her car and alleges the officer lied stating he had seen her run a stop
sign which she didn't just to have probable cause of searching her car. She alleges this is
discrimination due to the type of car she drove stating it is stereotyped as a drug dealer car ('04
Buick Park Avenue). She alleges she hadn't committed any crimes and should be able to drive
whatever car she chooses without having to worry about being discriminated against, she is a 47
year old grandmother and has had her car for many years.
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):
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without regard
to personal feelings, animosities, friendships, financial status, occupation or employment status,
sex, disability status, housing status, mental health or ability, citizenship, language, national origin,
creed, color, race, religion, age, political beliefs, sexual orientation, gender identity, gender
expression, ethnicity, or social or ethnic background. Employees will endeavor to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
OF
CITY
CURRENT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
318.3.1 HANDCUFFING DETAINEES
As a practice, officers should not handcuff lawfully detained individuals. However, situations may
arise where it may be reasonable to handcuff a lawfully detained individual
Officers should
weigh the safety interests of all involved individuals against unreasonable intrusion upon
a
detainee when deciding to place handcuffs on a detainee
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.
328.2 POLICY
The Department strives to provide law enforcement services to our diverse community while
respecting the racial, cultural, or other differences of those we serve. It is the policy and practice
of the Department to provide law enforcement services and to enforce the law equally, fairly, and
without discrimination toward any individual or group.
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural
group, disability, or affiliation with any other similar identifiable group shall not be used as the
basis for providing differing levels of law enforcement service or the enforcement of the law.
While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race
or cultural differences may be legitimately considered by an officer in combination with other
legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description is
limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation of
an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due to
offenses committed because of bias or prejudice.
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
following information in the appropriate fields of an incident report, field release citation, warning,
field observation card or electronic street check
402.2.4 REPORT WRITING
All reports shall accurately reflect:
(1) the identity of the persons involved.
(2) All pertinent information seen, heard, or assimilated by any other sense.
(3) Any action(s) taken.
(4). Any property which the employee takes possession of, clearly documenting the:
(a) events that led up to the taking possession of the property;
OF
DAY
SUBTOT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
(b) purpose for taking the property; (c) identification of the property and/or
description;
(d) location where the property was taken;
(e) complete identifiers, as available, for anyone who may claim ownership of the
property.
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.