Item 6: Report to City Council from Police Auditor

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noted there was a language barrier between the arrested party and the officer and suggested it 2.A second reviewed complaint was received from a reporting party who had been protesting outside of a social service agency. An officer responded and tried to direct the reporting party away from where he was protesting under threat of being arrested for trespassing. There was some discrepancy as to whether the officer told the reporting party he could not protest where he was standing. By law, since the man was standing on a public easement, he was permitted to protest there. The reporting party complained that the responding officer was discourteous during the contact. The discussion between the Officer and the complainant was heated and loud. Eventually, the complainant left the scene. It was later determined by the second officer that the complainant had a lawful right to protest in that location because it was City property. recommended that the allegation be sustained, and the Chief concurred. The CRB also concurred with the sustained finding. September 2012 : In September, the CRB held a joint meeting with the Police Commission and reviewed a case wherein a complainant alleged that an Officer lacked reasonable suspicion to detain her and lacked probable cause to charge her with trespassing. The matter was classified as a constitutional rights violation as well as report preparation and submission. The reporting party alleged that her constitutional rights were violated and that the officer falsified information on his police report. complainant placed her foot on a wall while observing a protester being arrested. The complainant was told to move along and was eventually arrested for trespassing. The Board discussed the reasonableness of the arrest under the circumstances and the inconsistencies of the various reports filed by witness officers. On the first allegation, the Auditor initially recommended a finding of sustained, as his office did not find that the officer had reasonable suspicion to detain the subject for the crime. However, the prosecutor reviewed the case and found that the officer had probable cause to arrest for trespass (which is a higher standard than reasonable suspicion). Following the prosecutor recommended a finding of within policy and EPD chain of command recommended unfounded. The Chief adjudicated the allegation as unfounded. The Auditor and EPD chain of command concurred that the second allegation be adjudicated as insufficient evidence (the investigation, while thorough, did not uncover sufficient evidence to support any other adjudication). The CRB concurred with the . A number of the members of the Board felt that the situation could have been deescalated through dialogue rather than resulting in arrest. In fact, at least one Board member opined that while the arrest was technically lawful, the complainant meet the standard for enforcing the law. Ultimately, the Board agreed with the recommendation of within policy and unfounded as to the report writing. October 2012: The CRB reviewed an allegation and a policy complaint, respectively. 1.The allegation arose out of a pedestrian violation. The reporting party alleged that an officer racially profiled her daughter by stopping her and issuing a citation; she also alleged that the officer was discourteous to both of her daughters. On the first allegation, the Auditor recommended a finding of insufficient evidence; the EPD chain of command recommended unfounded. The Chief adjudicated the allegation as unfounded. On the allegation of ϴ