Police Complaints

CPC 052-10:Officer stops to help citizens but conducts an arrest instead

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

A woman was waiting to pick up her daughter from the bus stop, when an officer approached her. In a short time, he had her arrested for child custody violations.

Summary of Allegations:

Was Officer Hernandez’ arrest of the complainant lawful?

Did Officer Hernandez withhold any information he was not required to?

Did Officer Hernandez use appropriate force?

Did Officer Hernandez provide medical evaluation for the complainant?

Did Officer Hernandez conduct himself professionally?

Was Officer Hernandez racially profiling the complainant?

Did Officer Hernandez appropriately record the incident?

Did “Officer O” conduct herself professionally?

Summary of Findings:

Although Officer Hernandez had suspicions about child custody, he did not have any grounds until after he unlawfully stopped the complainant. This issue was sustained.

Officer Hernandez did not correct his mistake, but made an arrest on groundless charges. This was not appropriate discretion, and so this issue was sustained.

The complainant stated that the handcuffs were cutting her circulation, and that they were far too tight. Handcuffs are not meant to be comfortable, and no excessive force was recorded on the belt tape. This issue was exonerated.

The paramedics were called to the scene, but they couldn’t evaluate the complainant thoroughly, because she was aggressive. They noticed no blood or broken wrists, and the belt tape confirms this, and so this issue was exonerated.

Stories conflict on this issue, but there is no belt tape to prove or disprove that Hernandez was conducting himself unprofessionally, and so this issue was not sustained.

Although the stop of the complainant was a violation of SOP, it was not based on her race. This issue was not sustained.

Hernandez did not record the scene because he had not changed his belt tape batteries, and so this issue was sustained.

Officer O’s belt tape demonstrated that she behaved professionally in the situation, and this issue was exonerated.