Citizen Complaints Against Officers
2009 1st 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 4th quarter of 2008, the Sioux Falls Police Department responded to 28,478 calls for service. 6,201 traffic stops were made. 12,421 citations were issued 2,117 adult arrests and 497 juvenile arrests were made.

During this period, there were three citizen’s complaints against officers. The findings for these complaints are as follows:

• Sustained - 0
• Not Sustained - 2
• Exonerated - 1
• Unfounded - 2

The following is a summary of each of those complaints:

1. On 1-2-2009 an individual informed a shift supervisor that he had been stopped by the Sioux Falls Police and that his wallet was missing. The male subject indicated that he had been stopped by the police, that he had left his wallet in his car during the stop and that the vehicle had been searched. He said that when he re entered his vehicle he could not find the wallet. The subject alleged that the wallet contained about $270 in cash. A review of the video and interviews of the officers present at the scene of the stop indicate that the wallet was searched and placed back in the center compartment of the individual’s vehicle. There were other passengers present in the vehicle. There was nothing to indicate that the officers involved did anything inappropriate. This complaint was not sustained.

2. On 2-09-2009 a male contacted Metro Communications and told them that he had been pushed down by a Sioux Falls Police Officer that had contact with him on a call for service at the Mission. The individual stated that he was told by the officer that he couldn't be taken to detox simply to have a roof over his head. According to complainant as the conversation continued the officer became upset with him, told him that he was tired of dealing with "old drunks" and then shoved him to the ground. The man stated that he had pain in his right side upper leg and lower back area but didn't want EMS to check on him. The man’s clothing was checked by a supervisor and he did not see any wet areas or debris on his coat or jeans that would be consistent with having fallen down to the wet ground. A review of the video / audio recording indicates that during their contact the officer is polite and makes several attempts to help the man. The supervisor did not hear any verbal confrontation or escalation in the conversation. There is also no sound of any kind of struggle or of anybody being pushed. The complaint was unfounded.

3. On 2-20-2009 a woman was arrested for DWI and her vehicle was towed. She claimed she was missing fifty dollars from her vehicle after she retrieved it from the towing company. She said that money was left in her vehicle at the time of her arrest. The woman advised that she had trouble taking her driver’s license out of her clutch purse and the officer took it out for her. She added that approximately 3700.00 cash which was located under her seat was booked into the jail with her and was again released to her when she bonded out of jail. She advised that she did not know for sure if an officer took her money. She believed it could have been a tow truck driver. She advised that her friend, who was in the car with her, would not have taken the money. A review of the officers’ video indicated no wrong doing on their part. This complaint was not sustained.

4. On 3-12-09 a female contacted the department complaining that during her arrest on 3-8-09 that she didn’t understand why she was arrested and that she had bruising on both upper arms. She said that she did not understand why two officers handcuffed her. The woman said that the officers caused the bruises. When asked for details about the fight that led up to the officers being called to Scarlett O’hara’s, she said the only thing she can remember about the fight was that she received a scratch on the neck from the other female involved. The woman said that she was very intoxicated. She said she did not believe she was causing any problems while standing outside the bar. The woman said she did not believe the officers swore at her or acted inappropriately in any other way, other than what she believed to be overreacting to the situation. The actions of the officers were reviewed. Their actions were consistent with department policy. The minor bruising that the female received could have been obtained during the fight or the time while she was being detained by the bar’s bouncers prior to police arrival. The officers were exonerated of any use of excessive force.

5. On 03-22- 2009 a man complained that he had been stopped by 4 officers and accused of robbing the Shop-n-Cart store on East 12th. He said that he did not even match the description of the suspect. The man said the only thing the same was that he was Native American. He was referring to being racially profiled for this call. The man was asked where the officers stopped him and he said close to the Shop-n-Cart, as he was walking home. He also complained that when he was stopped that the officers handcuffed his wrists in such a manner that caused injury. Investigation by shift supervisors found a very slight red mark. Further review of the incident indicates that the man matched the general description of the robbery suspect given in the initial broadcast. The contact with him was recorded and a review of the video indicates that the officers treated him professionally and made no racially motivated comments. The contact with the man by the officers was very brief and he was not handcuffed during the encounter. The complaint was unfounded.