Complainant alleges that he was put in a police car, driven across town and dropped off in a location unknown to him. The Office of Police Oversight recommends that this allegation receive a B classification.
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NOTICE OF FORMAL
ICMS #: 2021-0083
February 5, 2021
Complaint: The complainant,
, alleges that he was put in a police car, driven across town,
and dropped off in a location unknown to him. Complainant alleges the officer was rude, telling
him, "You can find your own way home," and "You need to stay where you belong.”
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.
Detentions are "seizures" under the Fourth Amendment. Officers may stop and question
individuals when reasonable suspicion that the person may be involved in past, present or future
criminal activity exists.
318.3.1 HANDCUFFING DETAINEES
(a) 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.
437.2.3 TRESPASS IN PROGRESS - CONSENT WITHDRAWN
In cases where a subject initially enters a property with consent but fails to leave when given notice
to do so by the owner/agent, officers shall adhere to the following guidelines:
(a) Officers must witness:
1. The subject in/on the property; and
2. The owner/agent administer to the subject the notice to leave.
(b) If the subject does not leave, officers may make an arrest for criminal trespass.
(c) If the subject leaves, officers shall write a criminal trespass notice report as outlined in this
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.