An independent report has found that complaints against the San Jose Police Department are on the rise.
The Office of the Independent Police Auditor’s 2018 report found 248 complaints against police officers. That is a 12% increase from the year before, although still a significant drop from 2014, which saw 340 complaints.
The complaints ranged from procedural violations to excessive force and unnecessary arrests and detentions.
Several included reports of officers drawing and pointing their firearms at civilians, but the extent of these incidents is unknown.
That is why the watchdog agency is asking the SJPD to start designating and tracking these incidents as a reportable use of force – a change they say could save lives.
“Research shows reporting such incidents reduces officers’ use of firearms… Departments who have this policy in place have lower rates of officer-involved gun deaths,” says the IPA report. “Unnecessarily or prematurely drawing or exhibiting a firearm limits an officer’s alternatives in controlling a situation, creates unnecessary anxiety on the part of the citizens, and may result in an unwarranted or accidental discharge of the firearm.”
These incidents can also have a lasting impact on civilians.
“Traumatizing,” said civil rights attorney John Burris, who has pursued numerous use-of-force complaints against police. “Having a gun pointed at you when you haven’t done anything — there’s a moment of fear because that means someone else has control of your life.”
The San Francisco and Oakland police departments already consider pointing a weapon as use of force, and California law requires departments to keep data on officer’s actions during detention, including pointing their firearms.
Complaints are investigated by the department’s Internal Affairs Unit. Officers were exonerated in 52% of casesa majority of cases and only 5% resulted in a finding of misconduct.