Formal complaint: De-escalation of potential force encounters and other policy violations

OF
GIVE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1155
July 17, 2020
Complaint: The Office of Police Oversight was contacted by multiple complainants regarding a
woman's arrest by the Austin Police Department (APD). Complainants allege that an APD
officer improperly conducted a search/frisk of the woman's breasts while she was handcuffed.
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):
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.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable deescalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific
officer training that addresses de-escalation.
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.
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.
306.3.1 SEARCH PROTOCOL
Nothing in this order supersedes officer safety tactics.
(a) Officers will conduct person searches with dignity and courtesy
(e) When safety permits:
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
1. Officers should explain to the person being searched the reason for the search
and how the search will be conducted.
2. 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.
3. If a subject requests a search by an officer of the same gender, an attempt
should be made to have a same gender officer conduct the search.
306.9 FRISK (PAT-DOWN) FOR WEAPONS
A frisk is a mere pat-down of the outer clothing, area, vehicle or container to which a detained
person may have immediate access. The purpose of a limited weapons frisk after an investigatory
stop is not to discover crime, but to allow the officer to pursue the investigation without fear of
violence. An officer does not need to be absolutely certain that an individual is armed; the issue
is whether a reasonably prudent person would justifiably believe that he or others were in danger.
900.3.4 PERSONAL CONDUCT
(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.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
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.
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.
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.