21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 29 Task 18: Approval of Field-Arrest by Supervisor Requirements: Within 260 days from the effective date of this Agreement, the Chief of Police shall, based on contemporary police standards and best practices, develop and implement policies to address the following standards and provisions: Approval of Field-Arrest by Supervisor 1. OPD shall develop standards for field supervisors that encourage or mandate close and frequent supervisory contacts with subordinates on calls for service. The policies developed in this Section shall require supervisors to respond to the scene of (at least) the following categories of arrest, unless community unrest or other conditions at the scene make this impractical: a. All Felonies; b. All drug offenses (including narcotics, controlled substances and marijuana arrests if the subject is taken to jail). c. Where there is an investigated use of force; d. Penal Code §§69, 148 and 243(b)(c). The responding supervisor shall review the arrest documentation to determine whether probable cause for the arrest, or reasonable suspicion for the stop, is articulated, to ensure that available witnesses are identified, to approve or disapprove the arrest in the field, and to log the time of the contact.9 (Negotiated Settlement Agreement IV. A.) Discussion: Three Departmental policies incorporate the requirements of Task 18.2.2: DGO M-18, Arrest Approval and Review in the Field (published May 13, 2004 and updated October 1, 2005); Special Order 8536, Probable Cause Arrest Authorization and Report Review (published December 2006); and Training Bulletin I-O.4, Legal Aspects Of Searching Persons On Parole And Probation (published November 23, 2011). As the Department has trained at least 95% of relevant personnel on these policies, we find OPD in continued Phase 1 compliance with this Task. Only one provision of Task 18 (18.2.2) is being actively monitored under the MOU. During all of the previous reporting periods, we found the Department in compliance with this subtask. Task 18.2.2 requires that supervisors review arrest documentation to verify that available witnesses are identified (compliance standard: 90%). To assess Phase 2 compliance with this subtask, we reviewed arrest documentation for all of the applicable arrest categories, as well as documentation for arrests resulting in an investigated use of force. Specifically, we reviewed a random sample of 72 adult and three juvenile arrest reports documenting felony arrests; drug arrests; and arrests for Penal Code 69, 148, and 243(b)(c); as well as documentation for 12 9 The underlined requirement is the only provision of Task 18 that is being actively monitored under the MOU.