September 1, 2021

Formal complaint: When department issued BWC system use is required, Search protocol, Reporting the active targeting of a firearm at a person - officer responsibilities, and other policy violations

The complainant alleges that Austin police officers showed up at his home, pointed guns at him, and inappropriately frisked him during a search. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT ICMS #: 2021-0879 September 1, 2021 Complaint: Complainant alleges: two APD officers, and showed up at his house and pulled guns on him saying he had a gun. Complainant alleges the officers were yelling for him to get down on his knees and one officer was telling him to crawl and the other officer was yelling at him to walk. Complainant alleges the “female bitch” decided to frisk him and she went straight for his “dick”. Complainant alleges there was a male officer so why was a female officer frisking him. Complainant alleges they put handcuffs on him, and the handcuffs cut his wrist almost causing an infection. Complainant alleges it was outrageous and there was no reason for them to lie to him and no reason for them to search his apartment. Complainant alleges someone called 911 but the officers did not tell him why they were there. Complainant alleges , badge and Officer , badge just like to harass and bully people. Complainant alleges the officers were making a scene in front of where he lives and made him look like a criminal. Complainant alleges they are just trying to break down society. This notice of formal 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. Recommended Administrative Policies to Review (to include but not limited to): 303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED This section is not intended to describe every possible situation where the system may be used. In some circumstances it may not be possible to capture images of an incident due to conditions or location of the camera, however the audio portion can be valuable evidence and is subject to the same activation requirements. The BWC should only be activated for law enforcement purposes. 306.3.1 SEARCH PROTOCOL Nothing in this order supersedes officer safety tactics. (a) Officers will conduct person searches with dignity and courtesy. (e) When safety permits: 6. Officers will use the backside of their hands and fingers to frisk/search sensitive areas of the opposite gender to include the breast, crotch, and buttocks. NOTICE OF FORMAL COMPLAINT 402.5.1 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON - OFFICER RESPONSIBILITIES (a) Employees shall immediately notify and brief their supervisor. If their supervisor is unavailable, another field supervisor shall be notified 402.5.2 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON - SUPERVISOR RESPONSIBILITIES (a) Supervisors shall review the employee's incident report, supplement, FO card or electronic street check when notified of an incident involving an officer actively targeting a firearm at a person. Incomplete or inadequate documentation shall be returned for correction. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends this complaint receive a B classification.
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