Formal Complaint: Impartial Attitude and Courtesy, Purpose and Scope, Consent

OF
GINT
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1734
December 16, 2020
Complaint: Complainant,
, alleges:
On
my daughter and her boyfriend were taking her friend home. The friend
lives in Austin on
and we reside in
Her boyfriend was asleep with the seat slightly
reclined. After dropping the friend off at home she was traveling down
She saw the
.
officer sitting in the
parking lot. She noticed the officer pull out behind her and was
careful to maintain her speed as she didn't want any issues. She was followed until she was on
to which the officer turned on their lights. She was not aware that two other
squads had joined. She pulled over rolled her window down and with guns drawn by the officers
was instructed to place her hands outside the window. She was compliant. The officers asked was
there anyone else in the vehicle to which she responded yes. He was instructed to place his hands
outside the window. He was asleep but she called his name and told him to put his hands out of
the window. He was compliant. The female officer approached and opened the rear door and saw
that there was no other passenger. My daughter was instructed to step out. She was unbuckled by
the female officer and her wallet which was on her lap was placed on the dashboard. As she got
out she asked what was wrong. No response was given. She was patted down and told to step over
to the curb. She again asked what was wrong, what did she do? No response was given from the
officer. She looked over and saw that there were three squads there and the male officer had a riffle
to his chest. She was terrified. Without obtaining consent her vehicle was searched. She was asked
for identification to which she stated it was in her wallet on the dashboard. She asked multiple
times what was wrong why were they stopped. It was not until the search of her vehicle was
complete that she was told there was a shooting in "an apartment complex" (never indicated which
one) and the suspected vehicle was a white suv and suspect a black male wearing a hoodie. While
her vehicle is a small white suv she obviously is not a black male and she was not wearing a hoodie.
It was stated that her hair resembled a hood. The officers failed here because; my daughter was
followed for over a mile before the lights were lit up, there were much more well lit areas the stop
could of been made. While her vehicle may have somewhat fit the description she does not and
that crap about her hair is just ridiculous. Her boyfriend was not seen before the stop SO they cannot
say they stopped her due to him. From the time they pulled behind her it was clear she had not
remotely come from any of the apartment complexes in the area. She asked multiple times what
she was detained for and did not receive a response. Her rights were violated by searching the
vehicle without consent. She would of given consent however she was not asked. Guns out once
the situation was secured was unnecessary. She was not told until after it was almost complete why
they stopped her. They caused undue anxiety and I am grateful her younger autistic brother was
not in the car as it would of caused a major meltdown for him to have been treated that way. I
teach my children to respect authority. I am very glad that nobody was trigger happy that day and
I am not the next news story of a mother who lost their child to police gun violence. My child has
never been in any trouble and has not ever even held a gun SO to have them drawn on her was
overtly scary for her and she now has anxiety when driving and when she sees an officer.
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
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.
306.1 PURPOSE AND SCOPE
F
A
Both the federal and state Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This order provides general guidelines for Austin Police
Department personnel to consider when dealing with search and seizure issues.
306.5 CONSENT
(a) Entry into a location or vehicle for the purpose of conducting a search for any item
reasonably believed relevant to any investigation is permitted once valid consent has been
obtained. Officers should be aware that overuse of the consent search can negatively impact the
Department's relationship with our community and only request a consent search when they have
an articulable reason why they believe the search is necessary and likely to produce evidence
related to an investigation. A search by consent is only allowed if the following criteria are met:
306.8 PROBABLE CAUSE
(b) Vehicles: 1. 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.
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.
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.