seventeenth-quarterly-report.pdf
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Seventeenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
April 28, 2014
Page 56
Compliance Status:
Phase 1: In compliance
Phase 2: Partial compliance
Next Steps:
During our next site visit and upcoming technical assistance visits, we will again meet with
relevant Department personnel to discuss the Department’s progress in this area. We will further
discuss the Department’s various Task 34-related data systems to assess their operability,
accuracy, and utility in storage, and ease of access to stop data. We will continue to work with
OPD on ways to verify the legal basis for stops, searches, and other related activities to include
the conducting of internal audits of stop data to identify any disparities in its treatment of citizens
and the development of appropriate corrective intervention strategies where and if appropriate.
Task 35: Use of Force Reports - Witness Identification
Requirements:
1.
OPD shall require, by policy, that every use of force report, whether felonies were
involved or not, include the names, telephone numbers, and addresses of
witnesses to the incident, when such information is reasonably available to the
members/employees on the scene.
2.
In situations in which there are no known witnesses, the report shall specifically
state this fact. Policy shall further require that in situations in which witnesses
were present but circumstances prevented the author of the report from
determining the identification or phone number or address of those witnesses, the
3.
report shall state the reasons why the member/employee was unable to obtain that
information. Reports shall also include the names of all other
members/employees of OPD witnessing the use of force incident.
(Negotiated Settlement Agreement VI. C.)
Background:
During all of the previous reporting periods, we found OPD in compliance with Task 35.
Discussion:
As previously reported, OPD published Special Order 8066, Use of Force—Witness
Identification (April 12, 2004), which incorporates the requirements of Task 35. Additionally,
OPD published Departmental General Order K-4, Reporting and Investigating the Use of Force
(February 17, 2006), which also incorporates the requirements of Task 35. OPD revised DGO
K-4 on August 1, 2007. The revised policy also incorporates the requirements of Task 35. 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.
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