Citizen Complaints Against Officers
2007 3rd Quarter
All citizen complaints against officers are documented and investigated by the department’s supervisors. Once the investigation is complete it is reviewed by the Section Commander, Division Commander and then forwarded to the Office of the Chief where the decision is made as to the finding of the complaint. Complaints questioning the basis for a citation or arrest are not documented and those complainants are advised to go through the court system.
There are four different categories of complaint findings:
- Sustained - The investigation produced a preponderance of evidence to prove the allegation did in fact occur and the action of the officer was improper.
- Not Sustained - The investigation failed to produce a preponderance of evidence to either prove or disprove the allegation.
- Exonerated - The allegation in fact did occur but the actions of the officer were legal, justified, proper, and in accordance with the law and the department’s policies and procedures.
- Unfounded - The allegation in fact did not occur, based on the evidence.
Throughout the 3rd quarter of 2007, the Sioux Falls Police Department responded to 22,531 calls for service. 7,485 traffic stops were made. 12,341 citations were issued, 2,196 adult arrests and 580 juvenile arrests were made.
During this period, there were five citizen’s complaints against officers. The findings for these complaints are as follows:
Sustained - 1
Not Sustained - 2
Exonerated - 1
Unfounded - 1
The following is a summary of each of those complaints:
- A man claimed that when he was arrested by officers, he had $350 in his possession. When he was released from jail, some of his money was missing. After review of the conversation on the in car video, and statements from those involved, it was determined that the man was extremely intoxicated and there was no substantial indication of what amount he had in his pocket when he was placed under arrest. The complaint was unfounded.
- A man complained that he was struck by officers while he was being arrested. Upon review of the information from the man, an uninvolved witness and the statements from the officers involved, it was determined that the officers acted appropriately. The man was given numerous direct commands and given at least ten requests to comply with the requests of the officers. He failed to do so. Once the officers went to arrest him, he resisted their efforts. The officers used proper defensive tactics techniques to affect the arrest. The officers were exonerated.
- A man called to complain about the way an officer was driving one of the department’s marked vehicles. The man felt that the officer was driving in an inappropriate manner and should be setting the example for other citizens to follow. The officer involved was responding to a priority call; however the officer felt that the call did not merit the use of the lights and siren. The man wished no further action other than to bring this matter to our attention. The complaint was not sustained.
- A man called to complain that a police car “cut him off”. The man states that an officer signaled a lane change and then changed lanes in front of him. He felt he was cut off by the officer. A review of the facts indicate that the officer was operating his vehicle in a safe manner, used his turn signal and did not cause the man to have to take evasive action. The complaint was not sustained.
- A man complained that he was “arrested” without cause by an officer. The man stated he felt that he was being harassed by an officer and was treated unfairly. He stated that he and his friend were placed in handcuffs and detained when they did nothing wrong. A review of the call and the facts indicate that the officer could have handled the call differently. Corrective action was taken against the officer. The complaint was sustained.
