Aviso de queja relacionada con 2023-0029

OF
CITY
COSTEL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
January 13, 2023
ICMS #: 2023-0029
On January 12, 2023, the OPO received a phone complaint.
The complainant alleges: A court date was set for her sister at
Officers had searched the house with a warrant before because of an incident that happen
in the house. During that search, the officers cut holes in the wall and damaged the
electrical and the door and she wants to know who is going to pay for the damages. On
she made sure the house was locked and secure and she put a lock on the gate.
While they were in court two officers tried to get into the house without a search warrant.
They could not get in through the front door SO one of the officers tried to get in the back
door. The two-officer conversed with the neighbors. Detective
came by the
house looking around. The Complainant has been staying at her sister's house and she also
has power of attorney over everything. On
the complainant left her son at the
house and went back to
, Texas where she lives to get more clothes. Between
that day, three officers came to the house with two ladies, one guy, and 2
or 3 officers. One of the officers banged on the door with what she thought was a hammer.
The officers had the tools to break into the house. Her son opened the door, terrified, and
was questioned by the officers and told the house was abandoned. Her son told the officers
he was staying there with his mom and that she had just left. Her son called her and put
the officer on the phone. The officer told her they had a relative of the deceased who was
trying to get clothes to bury him in. She explained to the officers that her attorney told her
to hold off on things to give her sister some time. She began to cry and tell them she had
power of attorney; they had no right to let anyone in the house and they needed to leave.
She explained to the officer that her sister was the next of kin and that she was handling
everything for her thru an attorney. The officer told the complainant that Officer
would call her. The complainant spoke to Officer
in tears and explained to him
that he should not let anyone in the house and that she was power of attorney and handling
things thru an attorney. The complainant spoke to the cousin and explained to her that the
deceased was going to be cremated and no clothes were needed and that she was handling
everything thru an attorney. The officer called her back later and told her the cousin wanted
to get military information from the house. She told him they had no right to break into the
house. She heard the officer tell the cousin it was a civil affair. The complainant feels she
OF
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
is being harassed and is nervous about leaving the house because they may try to break in
again. The complainant is smart enough to know it is not normal what the officers are
doing, and it is not fair to her and her family.
This notice of 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.