Complainant alleges that officers failed to arrest the alleged offender for interfering with an emergency call and did not provide the Victim Assistance Information pamphlet during a family violence incident. Office of Police Oversight recommend this allegation receive a B classification.
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NOTICE OF FORMAL
Date of Complaint: 12/21/2018
Complaint: OPO received a complaint by phone against Officer [Redacted] and Officer [Redacted]. The
complainant has alleged that Officers responded to an incident involving family violence where they failed
to arrest the alleged offender for interfering with the emergency call and did not provide the
Victim Assistance Information pamphlet.
Administrative Policy to Review:
418.2.1 Arrest Requirement for Assaultive Offenses
(b) If both parties have been assaulted, officers shall make reasonable efforts to identify the primary
aggressor. Arrests of both parties should be avoided unless warranted.
(1) If officers at the scene cannot determine the primary aggressor, an on duty supervisor shall be contacted
to make the determination.
418.2.8 Interference with Emergency Telephone Call
Interference with emergency telephone call has its own arrest authority (Tex. Code of Crim. Pro. art.
14.03(a) (5)) that is separate from the arrest authority for family violence.
418.3 Additional Investigative Guidelines
418.3.2 Victim information
(a) Officers shall provide each adult present with a copy of the information pamphlet entitled Victim
Assistance Information that includes the Notice to Adult Victims of
Family Violence and write the incident number on the front page.
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.