APD
implemented its departmental policies on racial profiling without considering
the recently passed SB 1074 which instituted requirements for such local
programs under state law. Here’s the APD policy as of
When an officer detains an individual, this encounter will be documented in a manner outlined in this policy
Bias-based profiling is defined
as any pattern or practice, including but not limited to stopping, detaining,
frisking, and searching, by police officers that is based upon a generalized
belief that a person of a particular race, ethnicity, or national origin is
more likely to commit certain types of crimes.
The non-consensual interruption of a person’s right to freely move about
the City is viewed as a very significant challenge to his/her Constitutional
rights. Officers of this Department will ensure that the stopping, detaining,
frisking, and/or searching of residents is based upon solid legal principles
that conform to their training in arrest, search, and seizure. Police action
must be based upon credible information known to the officer, which leads
him/her to believe that an individual is, has been, or is about to be engaged
in activity which is in violation of the law.
Any other motivation for such actions is strictly prohibited
The
Austin Police Department profoundly rejects the practice of bias-based
profiling and has freely elected to more accurately document our contacts with
the public.
.01 Documentation
Requirements
A. Field Observation Cards
All
officers will use field observation (F.O.) cards to document their contacts
with the public. The intent is to
document a stop with individuals who are legally detained but no other record
of the contact (besides CAD) would be produced.
B. F.O. cards ARE required when:
1. An officer detains an individual that goes beyond simple preliminary questioning to find out their level of involvement in a particular incident. Examples of this include, but are not limited to:
a.
A traffic stop where no traffic or
warning ticket is issued
b.
A subject stop where officers initiate
a police action (e.g.: detaining, frisking or searching) of a person that
results in no offense report being written or citation being issued. (See B108).
2. Officers
will ensure the F.O. Card is completed with all applicable areas filled out.
C. F.O. cards are NOT required in the following situations
1. When
an arrest is made or the individual’s name will be recorded in an offense
report. (I.e.,
arrested, suspect, witness, victim, etc.)
2. When a ticket is written (Field
Release, Traffic, Parking, or Warning).
3. When a collision sheet is completed
(including a blue form).
4.
During a non-custodial interview where
the individual is free to leave.
5.
During casual contacts that officers
make with citizens during their shift.
D. Multiple
Subjects
1. It is not always necessary for an officer to complete a F.O. card on every individual in a group of 2 or more persons.
2. If the passenger(s) in a car or the cohort(s) of a subject who has been detained by police is not the primary focus of the officer, then it is not necessary to complete a F.O. card.
3. If, however,
at any point during the contact the officer goes past the point of asking
preliminary questions (detaining, frisking, or searching) to determine a level
of involvement, then a F.O. is
required. (See Section A. above).
1. Officers will complete a Field Observation Report (either hard copy or Mobile Data Terminal) when a suspicious person is detained. (See exceptions listed in C & D above.) The Field Observation Report will be filled out correctly and in legible handwriting.
2. The gang-related section will be filled out only if the person(s) stopped meets TWO of the criteria required by law to document the individual(s) as a criminal street gang or prison gang member as follows:
a. Self-admission by the individual of criminal, street gang membership.
b. Identification of the individual as a criminal street gang member by a reliable informant or other individual.
c. A corroborated identification of the individual as a criminal street gang member by an informant or other individual of unknown reliability.
d. Evidence that the individual frequents a documented area of a criminal street gang, associates with known criminal street gang members, and uses criminal street gang dress, hand signals, tattoos, or symbols.
e. Evidence that the individual has been arrested or taken into custody with known criminal street gang members for an offense or conduct consistent with criminal street gang activity.
3. Field observation photographs will not be taken in an interview situation unless "reasonable suspicion" criteria exist. Force will not be used to obtain photographs in a stop situation. Field observation photographs should be made only for:
a. Identification
of subject
b. Identification
of subject’s condition, such as but not limited to:
(i.) Fresh
injuries
(ii.) Distinctive
tattoos;
(iii.) Evidence stains on clothing;
(iv.) Distinctive jewelry;
(v.) Distinctive clothing/shoe patterns;
(vi.) Identification of subject’s automobile;
(vii.) Recording evidence.
4. Juveniles
may be photographed only under the following circumstances under provisions of
the Family Code:
a. With consent
of the juvenile court
(e.g., via a court order).
b. If the child
is taken into custody for conduct that is a felony or a misdemeanor punishable
by confinement in jail.
c. If the child
is not in custody and the child’s parent or guardian voluntarily consents in
writing to the photographing of the child.
F.
Prohibited Record Keeping. Officers may not:
1. Keep any photograph taken in any format
of a field observation.
2. Maintain
personal or shift level field observation photograph files.
3. "Post" for public or other officer’s viewing, field observation photographs of any person NOT currently wanted for criminal acts.
G.
Disposition of F.O. Cards after
completion
1.
Patrol supervisors will periodically
spot check the F.O.s for completeness.
2.
Field Observation Forms and attached
photos will be collected from all drop boxes at the same time as all other
paperwork for transportation to the main station. (Traffic Citations, collision
reports, impounds etc.) On-coming patrol
supervisors will ensure all such paperwork is transported to the main station a
minimum of twice in a 24-hour period.
3.
Central Records personnel will enter
Field Observation Reports into the Field Observation database. Incomplete or otherwise illegible F.O.
reports will be routed back to the employee’s immediate supervisor. Central Records personnel will keep a list of
such reports that can be audited later to ensure the cards were corrected and
re-submitted.
4.
Central Records will be the
repositories for all F.O. photographs until further notice.
5.
Officers wanting to make a correction
or amendment to a previously submitted F.O. should complete a new F.O. with
“correction” or “amendment” written across the top of the form. The original offense number should be utilized. Corrections and amendments can only be made
with hard copies, not by using the MDT.
.02 Reporting
Procedures
A. The Chief of
Police will cause an Annual Report to be generated and submitted to the
City
Management that will include the following information:
1. A
comparative analysis of the information compiled under Article 2.133 of the
Code of Criminal Procedure, summarizing:
a. Detention
stops, citations and custody arrest by ethnicity of the citizen
b. Ethnicity of citizens search (including vehicles) as the direct result of detention stops, citations and custody arrest by the Austin Police Department.
c. Information relating to each complaint filed with the agency alleging that an officer has engaged in bias-based profiling.
d. The annual report will not contain information specific to the officer involved or to the individual who was stopped.
B.
The Annual Report will:
1. Summarize and analyze the information.
2. This annual
report will not include information that is specific to the identity of the
police officer(s) or the citizen(s) involved.
.03 Training
Requirements
A.
Training on search and seizure
conducted during police cadet classes and mandatory in-service training cycles
will include the requirements for reasonable suspicion to conduct investigatory
stops and detentions.
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