December 10, 2020

Formal Complaint: Impartial Attitude and Courtesy, Vehicle Inventory

Complainant alleges that Austin police officers failed to return his ID after he was arrested and several items are missing from his vehicle. The Office of Police Oversight recommends that this allegation receive a B classification.

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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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-1621 December 10, 2020 Complaint: Complainant alleges: an officer who was not wearing a mask approached him because someone called 911 for a suspicious person. Complainant was on a call and eventually arrested for public intoxication, complainant identified Officer as the arresting officer and the entire incident is his complaint. Stated officers were aggressive. Complainant also alleges APD did not give him his ID back and there are items that are missing from his car. 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 shall provide equal and fair protection of all rights under local, state, and federal law for all members of the community. Law enforcement will be conducted in an impartial and equitable manner. 350.4 VEHICLE INVENTORY (a) In all incidents where a vehicle is impounded or moved, officers will make an inventory of the vehicle for damage and any items of personal property. Such an inventory is a care taking function intended to protect: 1. The owner's property while it remains in police custody. 618.1 PURPOSE AND SCOPE It is the duty and obligation of employees of the Department to properly seize, control, care for, store, process, and dispose of property and evidence that may come into their possession. Employees will adhere to the property handling procedures described in this document. For the purposes of this document, all items that come into police care and control will be considered property or evidence and will be handled equally. 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 B classification.
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