Queja forma: Insubordinación, violaciones a la política de desescalar posibles encuentros de fuerza y a otras políticas

OF
GINT
AUTHOR
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0296
May 4, 2020
Complaint: Mr.
,
complainant, alleges that Austin Police Department (APD) officers
may have violated policy during an interaction with him. In particular,
states, "APD
beat me up. I went to the hospital in an ambulance."
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):
110.4.4 INSUBORDINATION
A
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
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.
200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE
Any interpretation of objective reasonableness about the amount of force that reasonably appears
to be necessary in a particular situation must allow for the fact that police officers are often
forced to make split-second decisions in circumstances that are tense, uncertain and rapidly
evolving, and the amount of time available to evaluate and respond to changing circumstances
may influence their decisions. The question is whether the officer's actions are "objectively
reasonable" in light of the facts and circumstances confronting him.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
200.3.2 USE OF FORCE TO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A
SEARCH
An officer is justified in using reasonable force when the officer reasonably believes the use of
such force is immediately necessary (Tex. Penal Code § 9.51(a)):
(a) To make or assist in a detention or an arrest, or to conduct a search that the officer
reasonably believes is lawful;
(b) To prevent or assist in preventing escape after an arrest, provided the officer
reasonably believes the arrest or search is lawful
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.
318.2 GENERAL POLICY
(a) Officers will identify themselves when they initiate a duty-related contact with a
person, when practicable, unless their identity is obvious.
(b) Officers will explain the reason for the contact and the purpose of anticipated police
action, when practicable.
(c) Officers will act with as much restraint and courtesy toward persons interviewed,
detained or arrested as is possible under the circumstances.
318.5 FIELD INTERVIEWS, STATEMENTS AND CONFESSIONS
The basis of a statement or confession is to corroborate the elements of an incident. Written and
oral statements or confessions should not be utilized as the sole basis for filing charges; any
statement or confession should be corroborated by other legally obtained evidence or verified in
an appropriate manner. Officers should keep in mind the following things when
interviewing/interrogating a subject:
(a) During a non-custodial interview, an officer will usually allow a subject to leave after
taking the statement or confession. A warrant can be obtained at a later time to take
the subject into custody.
(b) There may be occasions when information is disclosed that changes the focus of the
investigation toward the subject, where the facts and circumstances of the case dictate
that he is no longer free to leave changing the non-custodial interview to a custodial
interrogation.
(c) When an officer begins accusatory questioning of a subject who is not free to leave,
the
subject would generally be considered under "arrest" and the interview/interrogation
would be "custodial."
(d) Once a subject requests to speak with an attorney or indicates a desire for legal
representation, the interview/interrogation will cease.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
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.
(b) The Miranda Warning will be recorded by audio/video recording (e.g., in-car Mobile
Audio Video Recording system, Body-Worn Cameras) using the following process:
1. Read the Miranda card to the subject in its entirety; and
2. Ensure the subject acknowledges, understands, and voluntarily waives his
rights by:
(a) Write the officer's name and the date, time, and incident number on the
face of the card; and
(b) If practical, request the subject to initial next to each Miranda right and
sign the card. If the subject has verbally acknowledged understanding and
waiving his rights but does not sign the card, the interview/interrogation
may still continue.
3. Officer safety should not be compromised during a field interview/interrogation
in order to record acknowledgment of rights.
402.2 INCIDENT REPORTING
A well-written report can help make a case just as easily as a poorly written report can ruin
a
case. Employees have the responsibility to write clear, factual, and complete reports.
402.2.2 REPORT WRITING
(a) 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.
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.
900.3.4 PERSONAL CONDUCT
(a) Employees will not knowingly enter a location engaged in prostitution, illegal
gambling,
or any establishment wherein laws are being violated.
(b) Supervisors will not place themselves under financial obligation to a subordinate.
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term
in any communications.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
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.
F
A
UNDED
1839
The City of Austin is committed to compliance with the American Disabilities Act.