INDEPENDENT
POLICE AUDITOR FORCE ARREST/DETENTION SEARCH/SEIZURE
COURTESY PROCEDURE NEGLECT OF DUTY
Civilian Oversight of Investigations
into Police Conduct
SUSTAINED NOT SUSTAINED YEAR END REPORT
EXONERATED UNFOUNDED 2022
THREE AVENUES OF POLICE ACCOUNTABILITY
ALLEGED CRIMINAL ALLEGED VIOLATION OF ALLEGED CIVIL
CONDUCT DEPARTMENT POLICY MISCONDUCT
SAN JOSE POLICE DEPARTMENT
DUTY MANUAL
LAWSUIT
Policies, Rules, Procedures
Criminal process through SJPD Internal Affairs If lawsuit is filed, the District Attorney and investigates officer case follows the Civil Criminal Court misconduct allegations. Court process.
If criminal allegations are If allegations are proven, If civil allegations are roven, the Court ma Police Chief may impose proven, the Court may impose sentence. discipline award monetary
damages.
DISCIPLINE
including re-training
CRIMINAL PENALTIES MONEY
A PATH LEADS TO OFFICER DISCIPLINE.
OVERVIEW OF
INTAKE AT IA UNIT OR IPA
OFFICE COMPLAINT PROCESS
INTAKE TO CLOSE
INVESTIGATION Generally, this process must be
completed within one vear.
CONDUCTED BY IA
365
IA CLOSURE
IPA REVIEW & APPEAL
PROCESS
IPA CLOSURE
IA SENDS CLOSING LETTER
IPA SENDS CLOSING LETTER
TO COMPLAINANT &
TO COMPLAINANT
OFFICERS
The Department Initially Assigns Allegations.
COMPLAINT ALLEGATIONS DETERMINE:
• Who will be named as a subject officer?
• What evidence will be gathered?
• What rules apply?
• What questions can be asked of the officer?
• The level of discipline (if any)?
• Public disclosure (if any)?
When is When it's
force not just
force? procedure
When is
force not When it's
force? accidental.
California Government Code
section 3304
IPA
Review: IF 365-DAY
• Reading file & underlying documentation DEADLINE EXPIRES, • Listening to tape, review duty manual, legal search
• Questions and answers back & forth with IA investigator THERE CAN BE NO OFFICER DISCIPLINE.
No Further Yes
Actions
Audit closed Memo to IA Commander if warranted)
IF 365-DAY
Discussion with IA Commander DEADLINE EXPIRES,
ISSUES ARISE AS TO
Formal Memo to Chief (if warranted)- HOW TO MAKE AN
ACCURATE RECORD.
Disagrees Chief Agrees
* Appeal to City Manager
Responses
Additional investigation IF 365-DAY
DEADLINE EXPIRES,
City Manager Directs
Responses INVESITGATION CAN
AVOID IPA SCRUTINY.
Additional investigation
STATISTICS FOR CALENDAR YEAR 2022
AGREED AT FIRST
REVIEW
56%
IPA Audit
AGREED AFTER
Determinations FURTHER ACTION 1,087 officers employed
15% by SJPD in 2022
In Closed
Conduct CLOSED WITH 362 officers
CONCERNS
Complaints 16% named in one
33%
or more
DISAGREED complaints
14%
SUSTAINED RATE
The percentage of closed conduct complaints
that have at least one sustained finding
2018 10% sustained rate - 212 complaints closed
2019 7% sustained rate - 197 complaints closed
2020 13% sustained rate - 200 complaints closed
[2021 12% sustained rate - 262 complaints closed
2022) 18% sustained rate - 203 complaints closed
Chapter 4
Use of Force
Number of SB 1421 and SB 16
force allegations 31% FORCE RECORDS AVAILABLE FOR PUBLIC REVIEW
declined 31%
• Use of Firearms
Number of • Use of Force Resulting in death of
force complaints 19% great bodily injury
declined 19% • Great Bodily Injury (GBI): GBl means
significant or substantial physical
injury.
• Sustained Finding of Excessive Force.
70 61% of
allegations of Force • Sustained Finding on Failure to
excessive applications Intervene
force were deemed
Justified,
closed in proper and
2022 lawful
See chapter two - recommendation #2
PERCEPTION CONFIRMATION
Did the officer Did the officer
perceive that the confirm that the
suspect had a suspect was, in fact,
weapon? armed?
WHAT WE LOOK FOR
Our officer reviews IA investigations to ensure they are fair, objective, thorough and complete. We do this by considering a number of factors some of which are included in this chart.
Was the investigation
365 timely?
WHAT WE LOOK FOR Do allegations Were needed
adequately reflect interviews
complainant's conducted?
concerns?
INDEPENDENT
POLICE What is the Was the
AUDITOR
supporting analysis
sure sandese
documentation? ANALYSIS thorough and
objective?
Policy Was there a logical Was the
and objective preponderance
application of 51% - 49% standard applied
policy to the facts? objectively?
FOUR CATEGORIES OF IPA Determinations in
IPA ASSESSMENT OF Conduct Complaints in 2022
COMPLAINT INVESTIGATIONS
Closed with Concern(s)
26 (16%)
- Agreed at First Review -
The IPA agreed that IA's investigation
was fair, thorough, complete, and
objective upon initial review. Disagreed Agreed at
23(14%) First Review
92 (56%)
— Agreed After Further Action - Agreed after
Further Action
IPA requested that IA complete 24 (15%)
additional investigation and/or Excludes Dils
analysis and IA provided a •
satisfactory response to that request. Upon first review, the IPA agreed that the lA investigation was fair, thorough and complete
- Closed with Concerns -
The IPA had issues with lA'
nvestigation and/or analysis, but th in 2019).
oncerns did not warrant a form
sagreemer
IPA Determinations in
Closed Dil Investigations
- Disagreed -
Closed with Concern(s)
The IPA determined that IA's 2 (7%)
vestigation and/or analysis we Disagreed
it thorough, complete, objecti 3(11%y
and fair.
Agreed after
Further Action
2(7%) Agreed at First
Review 21 (75%)
LOOKING BACK AND LOOKING FORWARD
UPDATES, ISSUES AND CONCERNS
PAST FUTURE
PRESENT
STATUS ON SOCIAL PROTEST COMPLAINTS .
Cases Closed and Described in
2020 Year End Report
Cases Closed since 2020 Year End Report
and Described in the 2021 Year End Report
Cases are Tolled due to Litigation
12 ISSUE OF MOVING SOME INVESTIGATIONS OUT OF
INTERNAL AFFAIRS
EASURE
F
Track When an Officer Points a Firearm at a
1 Persons As a Use of Force.
The Department Should Use Best Efforts to
2 Track Data on Suspects Who Are Perceived
Armed and Weapons Found.
The Duty Manual Should Provide Guidance
3 That a Search of a Person Incident To Arrest
Applies Only and Solely to Full Custodial
Arrests.
The Department Should Provide Guidance
IPA POLICY RECOMMENDATIONS 4
About Officer Discretion When Compelling
Citizens to Exit Cars to Sign Citations.
The Department Should Obtain Devices to
5 Verify Window Tint Prior to Issuing a Citation.