Notice of complaint related to 2023-0183

OF
GINE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
March 3, 2023
ICMS #: 2023-0183
On March 2, 2023, the OPO received a phone complaint.
The complainant alleges: He was in Austin on business. It took about 3 or 4 hours to rent
a car from
at the
He drove the vehicle to the hotel. He checked into his hotel.
The next day after returning from work he noticed the hotel was poorly ventilated which
was due to previous flooding at the hotel. The complainant left that hotel the next day and
check into another hotel. When the complainant left the hotel to go to the store, he noticed
the smell of marijuana. He continued to check the vehicle and discovered marijuana
residue. He found a considerable amount of marijuana in the vehicle. He was concerned
and did not want to have any type of safety issues, SO he took pictures and contacted his
company's HR department who informed him to contact the rental car company. The
complainant did inform
and they reimbursed his company for the rental. He called
911 to report the marijuana incident and to get a police report issued. During first contact
with 911 he informed them he would be at the hotel and requested an officer. 911 requested
his room number. The complainant did not feel comfortable providing his room number
SO stated he would meet the officers in the lobby of the hotel. Sgt.
contacted him,
and he informed him of the incident. The complainant told the officer he did not feel
comfortable disposing the marijuana and requested an officer to come out, dispose the
marijuana and make a formal police report. The officer continued to question the
complainant about the quantity of marijuana. The complainant told the officer he was
knowledgeable in that area. The officer told him that his situation was not a priority and
that there were more violent crimes to tend to but if it was a reasonable amount of
marijuana, they would send someone out. The complainant informed the officer that it was
a reasonable amount, and an officer should come out. From
to about
no
officer responded. Another officer finally contacted the complainant, and he told him the
same thing he told the previous officer and again requested an officer to come out. The
complainant has video of the interaction with APD. Around
another officer called him
asking him the same questions as asked before. Basically, the officer told him he needed
to dispose of the marijuana himself because he should have done an inspection of the
vehicle before it was rented. Officers did arrive on the scene, but they never got out of their
OF
DIAL
LUSTIC
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
vehicle to examine the rental car or dispose of the marijuana. The complainant felt
criminalized and highly uncomfortable with the experience that he had with APD.
This notice of 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.