Formal Complaint: Impartial Attitude and Courtesy, Handcuffing Detainees and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1732
January 27, 2021
Complaint:
Complainant,
, submitted a phone complaint to the Office of Police Oversight
alleging the following:
After an officer pulled her over for not having a front license plate, the officer asked if there was
marijuana in her front seat and the complainant said she didn't know. The officer asked if he could
search her vehicle and she said no. The officer pointed out ashes in her front seat and she explained
that the ashes were from her friends smoking in her car and that she does not smoke because she
has bronchitis and COVID. The officer told her he had probable cause and proceeded to put her in
handcuffs and searched her car along with two other officers. The officer asked her to sit in the
back of his car and the complainant felt it was a command, and SO she complied. The three officers
asked her multiple times when she last smoked marijuana. After the officers found nothing, they
apologized and let her go but they had torn her vehicle apart and money was missing.
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):
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.
318.3.1 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.
306.3.1 SEARCH PROTOCOL
When practical, an officer of the same gender should be called to the scene when officers believe
the subject is concealing items in a sensitive area, such as, evidence or narcotics in the groin,
buttocks, or breast areas. This does not apply to items that pose an immediate threat to officer
safety Officers will use the backside of their hands and fingers to frisk/search sensitive areas
of the opposite gender to include the breast, crotch, and buttocks.
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
306.8 PROBABLE CAUSE
When officers have probable cause to believe that evidence or contraband is located on a person
they are permitted to conduct a search of the person
Officers may conduct a warrantless
search of a readily movable vehicle (e.g., automobile, mobile home, boat or airplane) if there is
probable cause to believe that evidence or contraband is inside and the search cannot safely be
delayed in order to obtain a warrant.
308.9 MISDEMEANOR POSSESSION OF MARIJUANA (POM)
For Class A and B POM offenses, officers should only make an arrest or issue a citation as
otherwise permitted by section 308.3 and 308.4 of this order if doing SO as part of: (a) the
investigation of a high priority, felony-level narcotics case, or (b) the investigation of a violent
felony. In all other Class A or B POM cases, and when officers have probable cause to believe
the substance is marijuana, officers shall seize the marijuana, write a detailed report titled
"possession of marijuana" and release the individual if POM is the sole charge. Officers shall
deposit the marijuana according to GO 618.6.2 Submitting Narcotics and Narcotics
Paraphernalia
In addition, the officer will complete a "(POM) Class A/B with no charges
filed" template which is required for the disposal of the marijuana.
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim. An
incident number will be assigned and all required fields completed during documentation
anytime an employee observes or receives any information concerning the following, but not
limited to: (a) Criminal or suspected criminal offenses, regardless of the victim's level of
cooperation."
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; (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.
402.2.5 REPORT COMPLETION
Employees will complete and download all reports written, including CR-3s, during their shift.
618.3 GENERAL PROVISIONS
Employees will not convert to their own use, manufacture, conceal, destroy, remove, tamper
with, or withhold any property or evidence in connection with an investigation or other
departmental action.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
618.6 EVIDENCE PROCESSING AND SUBMISSION
Employees will process and submit all property taken into their custody as expeditiously as
possible while following established guidelines.
618.6.2 SUBMITTING NARCOTICS AND NARCOTIC PARAPHERNALIA
Narcotics and narcotic paraphernalia may be turned in at the Evidence Section located at the East
Substation or any temporary evidence drop box/locker location when: (a) Charges have been
direct filed (affidavit turned in at the time of the arrest); or (b) A Field Release citation has been
issued; or (c) Charges will not be filed
All narcotics and/or paraphernalia will be submitted in
accordance with procedures established by the Evidence Section. This includes prescription
medication.
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.
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.
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.