Formal complaint: General policy, handcuffing detainees, and other policy violations

CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2021-0153
March 12, 2021
Complaint: Complainant alleges
answered a call for a stolen item, ran a warrant
check on the person who made the call, and arrested him.
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):
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.
318.3.1 HANDCUFFING DETAINEES
(a) 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.
(d) Unless arrested, handcuffing detainees at the scene of a search warrant should continue
for only as long as is reasonably necessary to ensure the safety of officers and others.
(e) 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.
1. Officers will check "detained" in the Reason field dropdown list.
2. Officers will justify handcuffing the detainee in the Remarks field.
319.2.2 WARRANT HIT AND CONFIRMATION
During the course of a lawful detention or arrest, an officer may run a subject for warrants.
(a) When a "hit" is received on a local, TCIC or NCIC warrant inquiry, confirmation from
APD or the originating agency must be obtained prior to taking official action.
Confirmation shall be the authorization for placing the person in jail for the warrant.
1. The person may be detained until confirmation is made by APD or the originating
agency.
2. Should circumstances make a custody arrest impractical, a person detained solely
for a Class C warrant may be released with the approval of a supervisor.
3. If a warrant confirmation is not received within 10 minutes, the arresting officer
may either release the subject or continue to await a response.
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
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
319.7.1 ASSISTING WITH OTHER AGENCIES WARRANT SERVICE
(c) If an arrest of the wanted subject is made:
2. Warrant confirmation and any other warrant paperwork should be submitted with
the booking sheet.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.
F
A
UNDED
1839
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.