[ad_1]
Complaint: APD “unnecessarily traumatized” nonprofit workers failed to properly serve subpoenas for evidence
by: Billy Gates
Posted: 11/17/2021 / 2:49 PM CST
Updated: 11/17/2021 / 2:49 PM CST
The Workers Defense Project filed a complaint with the Office of Police Oversight about the APD’s execution of a search warrant obtained on false pretenses that led to a raid on WDP’s offices on November 10, 2021. (KXAN Photo / Kaitlyn Karmout)
AUSTIN (KXAN) – The Workers Defense Project filed a complaint against the Austin Police Department after it said APD officers illegally “searched” their office on November 10 to gather evidence.
The 11-page complaint filed with the City Police Oversight Bureau alleges that the APD carried out a search warrant that “was obtained on false pretenses and led to a egregious raid on WDP’s Austin offices.” WDP claims a 2 hour and 5 minute subpoena of its security materials was “improperly delivered” and so it did not respond. It is said the APD then went to a judge to have a search warrant signed before five armed officers entered the building to “confiscate an unknown number of days of confidential footage.”
Austin Police said they should rewrite their policies to reduce the number of officers used by force
The footage APD was looking for was from the WDP parking lot where an alleged attack was taking place. On October 14, according to the arrest warrant, a woman was accused of threatening two food truck workers with a knife. The warrant states that a WDP employee “allowed (the officer) to watch her security video in the parking lot.” It also said that while the attack was “hidden behind the food truck,” they saw the suspect walk away with a knife.
WDP fears that the footage taken by the officers could also contain images of its customers, which should be protected by attorney-at-law.
WDP staff only knew what was in the subpoena after a staff member requested a copy of it from the detective, it said. The agent said in the email request that he was not authorized to accept a subpoena, but said, “We want a copy to be checked,” the complaint reads.
“The Austin police either don’t know or care how to properly serve a subpoena,” the complaint said. “Texas Code of Criminal Procedure 4/24 (a) states that a subpoena can be presented in person, read aloud, e-mailed with reconfirmation, or sent by registered mail.”
The complaint states that APD did none of these things to properly comply with the subpoena.
“If the Austin police had delivered the subpoena on October 22nd, the organization’s lawyers would have …
pulled out the footage, checked it for attorney and client privilege, and gave the responsive
Information to the Austin police by November 1, 2021, ”said the WDP’s complaint.
When APD went to the WDP offices on Nov. 10, the complaint stated that officers “broke down the door of a nonprofit office that was closed for renovation and confiscated all of the nonprofit’s security cinematography apparatus, including weeks of confidential video, rather than simply an E. -Mail to send a subpoena for the relevant two hours and five minutes of footage to the executive director of the organization. “
It goes on to say that the officers involved “unnecessarily traumatized and imprisoned two of the non-profit organizations.”
Administrative workers packing boxes and removing wall fixings in the closed offices when armed officials broke into the building. “
This is an evolving story and updates will be made throughout the day. We have contacted APD for a comment on the complaint and we will add the department’s comment when we receive a response.
[ad_2]
https://www.kxan.com/news/local/austin/workers-defense-project-files-complaint-against-apd-over-office-raid/
