Complainant alleges that Austin police officers entered their home without permission during a welfare check and violated their rights. The Office of Police Oversight recommends that this allegation receive an B classification.
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NOTICE OF FORMAL
ICMS #: 2020-1391
October 5, 2020
Complaint: The Office of Police Oversight received a complaint from
“Police knocked on my door for a “welfare check” at
when I was sleeping. 2 officers
responded. I refused entry without a warrant and tried to make my way back into my
residence. Office #2 put his hands on me to refuse entry. At that time I asked for a
supervisor. Supervisor was called. Officer #1 was persistent and I let him know if I let
him inside my rights would be violated. He insisted on coming inside and entered without
my permission and said he wasn’t violating any rights. No suspicion of a crime
committed and no evidence found against me on unlawful entry.
apartment complex. I plan to follow up with legal representation.”
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.
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.
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.
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.