21st-quarterly-report.pdf
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Twenty-First Quarterly Report of the Independent Monitor
for the Oakland Police Department
May 4, 2015
Page 12
The fourth test focused on a specialized unit within the Criminal Investigations Division. The
purpose of the test was to determine if investigators were complying with law and policy
applicable to administering Miranda warnings prior to questioning suspects who were in
custody. The test passed, as the audit found proper administering of Miranda warnings when
required.
The fifth test focused on an identifiable concern in patrol regard vehicles not being properly
signed out per Department policy. An audit found that vehicles were not being signed out
properly. The test failed administratively and was sent to IAD for evaluation.
The sixth test evaluated whether OPD personnel and units had properly used the required risk
assessment matrix before determining whether to employ the Tactical Team in the execution of a
search warrant. The test passed, and ITU found that the necessary analysis was being conducted.
The Monitoring Team meets with ITU staff during each quarterly site visit to discuss the status
of pending tests and any tests that have recently been completed. We encourage ITU staff to
focus on areas of the NSA that are high-frequency policy violations based on the sustained cases
of each reporting period.
OPD is in Phase 2 compliance with Task 3.
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance
Next Steps:
During our next site visit, we will again meet with ITU and the IAD Commander to discuss the
Integrity Testing Unit and its testing.
Task 4: Complaint Control System for IAD and Informal Complaint
Resolution Process
Requirements:
1.
Within 90 days, OPD shall develop a policy regarding an informal complaint
resolution process which may be used by supervisors and IAD to resolve service
complaints and Class II violations that do not indicate a pattern of misconduct as
described in Section III, paragraph H (2). This process shall document the
receipt of the complaint, date, time, location, name or the person making the
complaint, the name of the person receiving the complaint, how the matter was
resolved and that the person making the complaint was advised of the formal
complaint process with the CPRB. The documentation shall be forwarded to an
IAD Commander for review. If the informal complaint resolution process fails to