Formal complaint: Purpose and scope, Factors to consider before initiating a pursuit, Pursuit driving considerations and restrictions, and other policy violations

OF
DEAT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0986
October 8, 2021
Complaint: The complainant alleges: I was walking my dog at
in the middle
of a crosswalk when 6 police cars ran the stop sign and accelerated towards me and drove around
me within feet of my black dog at night. Absolutely no warning whatsoever. No sirens, horns or
any sort of signal that I was in their way. They stopped at stolen car at
moments later around
.
There was absolutely no reason to put me and my dog in danger
for something as stupid as a stolen vehicle. My life is worth more than your stupid officers
catching their guy. 4 cruisers and 2 quads. I had several people watch it happen, including one of
my neighbors who met me several minutes later to ask if I was alright. I have never felt SO unsafe
while crossing the street. How is that legal? These officers, especially the ones on the quads
which carelessly came SO close to me deserve to be punished for this. If they were civilians they
would never get away with these sort of self centered careless actions. I demand an apology. I
strongly wanted to confront these officers but instead let them make their arrest but I"m sick of
this behavior from the police.
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):
214.1 PURPOSE AND SCOPE
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.
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
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
214.3.2 FACTORS TO CONSIDER BEFORE INITIATING A PURSUIT
With the exception of the specified restrictions on vehicle pursuits listed in this order, officers
are authorized to initiate a pursuit when it is reasonable to believe that a subject is attempting to
evade arrest or detention by fleeing in a vehicle.
214.3.4 PURSUIT DRIVING CONSIDERATIONS AND RESTRICTIONS
The decision to use specific driving tactics requires the same assessment of factors to be
considered concerning pursuit initiation and termination.
214.4 PURSUIT GUIDELINES
Pursuit units shall be limited to four vehicles (three units and a control supervisor); however, a
control supervisor may request additional units to join a pursuit if, after assessing the factors
outlined above, it appears that the number of officers involved would be insufficient to safely
stop the pursuit and/or arrest the subject(s). All other officers will stay out of the pursuit but
should remain alert to its progress and location.
214.4.3 UNITS NOT INVOLVED IN A PURSUIT
(a) There shall be no paralleling of a pursuit route by officers not authorized to be in a pursuit.
(b) Officers not directly involved in the pursuit are authorized to proceed safely to controlled
intersections ahead of the pursuit and use emergency equipment to warn vehicular and pedestrian
traffic in an effort to protect the public. Officers should remain in their assigned area and should
not become involved with the pursuit unless directed otherwise by a supervisor.
(c) Non-pursuing personnel needed at the termination of a pursuit should respond in the
appropriate manner based on the totality of the circumstances and type of assistance needed.
214.4.5 PURSUITS INITIATED BY OTHER LAW ENFORCEMENT AGENCIES
The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this
department should not participate in, join, or assume control of a pursuit initiated by another
agency unless approved by a supervisor or the Watch Lieutenant. As soon as practicable, a
supervisor or the Watch Lieutenant should review a request for assistance from another agency
to determine if assistance will be provided.
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
GIVE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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.
400.1 PURPOSE AND SCOPE
The Department has a responsibility to protect life and property and to provide service to the
residents of Austin. To fulfill this obligation it must provide an appropriate response to calls.
Officers should be ever mindful that they have a responsibility to use caution, good judgment,
and due care when operating vehicles in an emergency capacity to ensure the safety of motorists
and pedestrians. This document describes the conditions under which an APD vehicle may be
operated as an emergency vehicle.
804.2 GENERAL OPERATION OF DEPARTMENT VEHCLES
(a) Employees will operate Department vehicles in a careful and prudent manner within the
guidelines of the law and Department General Orders. Unsafe or negligent driving is prohibited.
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.
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.