Police Complaints

CPC-173-08: "Downtown is closed"

Date of Incident or Complaint:
Date Published or Updated on Web Site:
Complainant:

Officer Leah Kelly threatens law-abiding citizen with arrest and forcefully lays hands on his person.

Summary of Allegations:

From the text of the complaint:

I was eating my hotdog, and we were going to go to another event downtown, but Officer Kelly informed me we had to leave immediately and that downtown was closed. I calmly replied that this was a public sidewalk, we weren’t intoxicated, and were doing nothing wrong. At that point, Officer Kelly pulled my arm behind my back and threatened me with arrest if I did not vacate the premises immediately.

Alleged SOP Violations:

    1-02-2 ENFORCEMENT OF LAWS, ORDINANCES, AND POLICE REGULATIONS

      B. Officers shall familiarize themselves with and have working knowledge of all laws of the State of New Mexico and the Ordinances of the City of Albuquerque which they are required to enforce. Officers shall:

        2. Make only those arrests, searches, and seizures which they know or should know are legal and in accordance with departmental procedures.

Summary of Findings:

NOT SUSTAINED

Kelly denies that she ordered citizen to leave or threatened him with arrest:

Officer K[elly] wanted [citizen] and his friend to move along for their own safety.

Officer K[elly] denies that she put [citizen]‘s arm behind his back or threatened him with arrest. She may have touched him on the arm or shoulder as she encouraged him to leave the street. There are no independent witnesses or evidence to prove or disprove the allegation that Officer K[elly] pulled [citizen]‘s arm behind his back and threatened him with arrest. The evidence is 50/50, therefore this issue is not sustained.

Chief Schultz agrees with these findings.