Notice of complaint related to 2022-0733

OF
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
September 2, 2022
ICMS #: 2022-0733
On August 29, 2022, the OPO received an online complaint.
The complainant alleges: While working security for
at
I along with two of my other security guards found an individual trying
to enter the property that has no trespassing signs posted all over. The individual has broken
in before and we have footage of him breaking in and his face on camera. We then placed
him under arrest (citizens arrest) Texas Code of Criminal Procedures 14.01a which is
taught to us by
.
We immediately call Austin Police and was
told an officer would be in route. Per DPS PSB rule we are to not release some one from
cuffs until authorities arrive. APD showed up at
First arriving officer was a Female
with badge number
I believe. She didn't really talk to any of us other then to
aggressively tell us that we are not allowed to ever handcuff some one and to remove the
cuff now. I do have body camera footage. Another officer showed up
and
proceeded to be aggressive and state that "you know what y'all are allowed to do and not
do right?" Telling me that we are not allowed to arrest anyone. when I told him yes we are
under
rules that we are taught he walked away. They interviewed the individual
and released him stating that we had no right to stop him and because we did he couldn't
be trespassed. I am the owner of
and a Level 2 instructor. I
have the Training handbook that is only sent out by
Someone is wrong either
APD needs to be trained on what security can do or
needs to be corrected by APD
because they know more than the people who wrote the handbook. I understand you may
be able to gain a copy of this hand book but I will copy and paste here the exact wording.
I understand that APD and security does not have a great working relationship but I have
been in security for years and in law enforcement. There are plenty of companies that don't
follow the rules but I try my hardest to stand above and follow all rules that are laid out to
me. When a officer what's to question what I have written in a training handbook from
I believe there is some training that needs to be done within y'alls department. One with
attitude towards Security and the rules we follow. I believe both these officers should
receive training on their attitudes and policies of Security SO next time they are called out
they don't release a person who is trespassing and has all the intentions to steal from the
property again. From Level 2 training handbook The Texas Code of Criminal Procedures
OF
GINE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
(14.01a) allows any person to make an arrest without a warrant under certain
circumstances. Including: (1) When a felony is committed within the view of the person
making the arrest. (Test Question # 15) (2) When an immediate breach of the peace is
committed within the view of the person making the arrest. (3) Preventing consequences
of theft. Although your normal responsibilities include protection, prevention, observation
and reporting, there may be rare occasions when you consider it necessary to arrest. Every
company in the Private Security Industry has different policies about when and if you
should arrest. If you do not know your company's policies, find out what they are, and
follow them! A security Officer's legal powers to arrest are the same as any private citizen
and no greater. An arrest made by such a private party is commonly known as a "citizen's
arrest." Texas Criminal procedure- Code and Rules, specifies the conditions under which
you, a private citizen may make an arrest. A private person may arrest another person
without a warrant when: The offense is committed within his presence or view and the
offense is either: a. A misdemeanor against the public peace or b. A felony The Penal Code
defines criminal offenses. This program will not attempt to cover all of them but it will
cover many of the most common ones. The Penal Code classifies crimes into two
categories: Misdemeanors, and Felonies. Misdemeanors are offenses that are punishable
by; a fine and/ or term in the county jail. The following two conditions must exist in order
for you to arrest a person on a misdemeanor charge: 1. The misdemeanor must be against
the public peace; not all misdemeanors fit under this category; and 2. The misdemeanor
must be committed within your presence or view. The following are common examples
and are found in section 42.01 "Disorderly Conduct" in the Texas Penal Code: 1. Use of
indecent, abusive, profane, or vulgar language or gesture in a public place to incite and
immediate breach of the peace. 2. Creating, by chemical means, a noxious and
unreasonable odor to incite an immediate breach of the peace. 3. Abuses or threatens a
person in a public place in an obviously offensive manner. 4. Makes an unreasonable noise
in a public place or near a private residence that he has no right to occupy. 5. Fights with
another in a public place. 6. Enters on the property of another and for a lewd and unlawful
purpose, looks into a dwelling on the property through any window or other opening in the
dwelling. 7.Discharges a firearm in a public place other than a public road. 8. Discharges
a firearm on or across a public road 9. Displays a firearm or other deadly weapon in a
public place in a manner to cause alarm number six the individual admitted to - he went to
the door to see if anyone was in the building.
OF
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
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.