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Questions and Answers
What did the United States Department of Justice investigate in November 2012 regarding APD?
What did the Department of Justice find on April 10, 2014, regarding APD's use of force?
Reasonable cause to believe that APD engages in a pattern or practice of excessive force
The City of Albuquerque conceded the accuracy of the Department of Justice's allegations on excessive force.
False
What does 'APD' stand for in the context of this agreement?
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What does 'Active resistance' refer to?
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A 'neck hold' is considered passive resistance.
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According to the agreement, 'Effective Date' is the day this Agreement has been signed by the Parties and submitted to the ___.
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Match the following definitions with the correct terms:
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Who is the Plaintiff in the case?
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Who is the Defendant in the case?
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The Second Amended and Restated Court-Approved Settlement Agreement contains changes from multiple Joint Stipulations filed by the Parties and Intervenor.
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Which organization concurred with the modifications made to the original Settlement Agreement?
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After the original Settlement Agreement was approved and entered as a Court Order, the Parties and ______ jointly stipulated to modify the original Settlement Agreement under Paragraph 338 of the Agreement on five separate occasions, Docs. 140, 157, 166, 179, and 230, and the Court thereafter approved each stipulation. The First Amended and Restated Court-Approved Settlement Agreement incorporated each of these modifications to the original Settlement Agreement.
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When should officers relinquish APD-issued firearms if they fail to qualify after remedial training?
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APD allows officers to discharge a firearm from a moving vehicle or at a moving vehicle under any circumstance.
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What is the definition of 'Qualified mental health professional'?
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What is the primary purpose of Electronic Control Weapons (ECWs) according to the policy?
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Force shall be de-escalated immediately as resistance increases. Is this statement true or false?
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What is the definition of 'Seizure' in the context of law enforcement?
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A 'Use of force' in law enforcement means physical effort to compel compliance by an unwilling subject above unresisted handcuffing, including a show of ____. APD uses of force will be divided into three levels of force.
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What are the three levels of force classification procedures developed by APD?
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What is the goal of the force classification procedures developed by APD?
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Level 1 force is force that is likely to cause only transitory pain, disorientation, or discomfort during its application as a means of gaining __________.
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What topics should APD's use of force training for all officers be based upon?
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What does APD's use of force training include in terms of interacting with individuals who are intoxicated, or who have a mental, intellectual, or physical disability?
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APD's use of force training includes the deployment and use of weapons only.
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Who is responsible for ensuring appropriate discipline and corrective action if a use of force is found to violate policy?
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After a supervisory force review, if a use of force is found to violate policy, necessary training must also be delivered to address concerns.
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Who conducts investigations of Level 2 and Level 3 uses of force?
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The Force Investigation Section personnel need to receive force investigation training that includes force investigation procedures, call-out and investigative protocols, and proper roles of on-scene counterparts like crime scene technicians and __________.
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What information should be included for anyone who refuses to provide a statement during a force investigation?
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Which section of the report evaluates the use of force based on evidence gathered?
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The Internal Affairs Division commanding officer reviews the force investigation report for completeness.
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If a weapon was used by an officer, documentation must show that the officer's certification and training for the weapon were _____________ at the time of the incident.
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Match the following information with their inclusion in the Use of Force Annual Report:
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Study Notes
Case Summary
- The United States of America and the City of Albuquerque have agreed to a settlement to improve the Albuquerque Police Department (APD) and ensure compliance with the Constitution and laws of the United States.
- The settlement aims to promote officer safety, accountability, and effective policing while preventing the use of excessive force.
Parties Involved
- Plaintiff: United States of America
- Defendant: The City of Albuquerque
- Intervenor: The Albuquerque Police Officers’ Association
Independent Monitor
- The Independent Monitor, James D. Ginger, will assess the City's compliance with the settlement agreement.
- The Monitor will review use of force and misconduct investigations, provide technical assistance, and submit reports to the parties and the court.
Settlement Agreement
- The agreement is the result of collaboration between the parties and consultation with community leaders, police officers, advocates, and residents.
- The agreement includes mechanisms for ongoing community participation, such as a Civilian Police Oversight Agency, Community Policing Councils, and community meetings.
Use of Force Policies
- The agreement updates the use of force policies, including principles for use of force, use of firearms, electronic control weapons, and crowd control.
- The APD will implement a Force Review Board and conduct force reviews and investigations.
Training and Staffing
- The APD will provide training on revised policies, procedures, and practices.
- The APD will staff a Force Review Unit and ensure adequate staffing and training for supervisors.
Misconduct Complaints
- The APD will establish a complaint intake process, investigate complaints, and prevent retaliation against complainants.
- The APD will also implement a discipline process and provide transparency in its handling of misconduct complaints.
Community Engagement
- The APD will engage in community policing and establish community policing partnerships.
- The APD will also hold periodic community meetings and provide public reports on its progress toward compliance.
Implementation and Enforcement
- The parties will implement the settlement agreement over a period of time.
- The court will retain jurisdiction to enforce the agreement, and the parties will submit reports to the court on their progress.### Investigation into APD's Policies and Practices
- The United States Department of Justice launched an investigation into the Albuquerque Police Department's (APD) policies and practices in November 2012.
- The investigation aimed to determine whether APD engages in a pattern or practice of use of excessive force in violation of the Fourth Amendment and the Violent Crime Control and Law Enforcement Act of 1994.
Investigation Process
- The Department of Justice consulted with police practices experts and conducted a comprehensive assessment of officers' use of force and APD policies and operations.
- The investigation included:
- Tours of APD facilities and Area Commands
- Interviews with Albuquerque officials, APD command staff, supervisors, and police officers
- Review of numerous documents
- Meetings with the Albuquerque Police Officers Association, residents, community groups, and other stakeholders
Findings and Recommendations
- The Department of Justice found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force.
- The investigation determined that although most force used by APD officers was reasonable, a significant amount of deadly and less lethal force was excessive and constituted an ongoing risk to the public.
- The Department of Justice identified systemic deficiencies that contributed to the pattern or practice of excessive force, including:
- Hiring
- Training
- Policies
- Supervision
- Discipline
- Management
- Oversight
Agreement and Definitions
- The City of Albuquerque and the United States entered into a collaborative agreement to promote the goals of this Agreement.
- The agreement defines key terms, including:
- Active resistance
- Apprehension
- Arrest
- Best practices
- Civilian employee
- Community-oriented policing
- Complainant
- Complaint
- Critical firearm discharge
- Demographic category
- Discipline
- ECW (Electronic Control Weapon)
- Effective Date
- Firearm
- Implement
- Include
- Interview
- Less lethal force
- Lethal force
- Mental health crisis
- Mental illness
- Misconduct
- Monitor
- Multi-Agency Task Force
- Neck hold
- Non-disciplinary corrective action
- Passive resistance
- Personnel
- Police officer
- Policies and procedures
- Qualified mental health professional
- Reasonable force
- Seizure
- Serious physical injury
- Serious use of force
- Service firearm
- Show of force
- Specialized unit### Specialized Units
- Specialized Investigation Units focus on investigative methods and techniques to solve crimes and develop cases for prosecution.
- Examples of specialized units include the Intelligence Unit and the Gang Unit.
Definitions
- "SWAT" unit refers to the Special Weapons and Tactics unit.
- "Supervisor" refers to sworn APD personnel at the rank of sergeant or above, or non-sworn APD personnel with oversight responsibility.
- "Telecommunicators" includes dispatchers, 911 operators, and NCIC operators.
- "Unit" refers to any designated organization of officers within APD, including area and specialized units.
- "Use of force" means physical effort to compel compliance by an unwilling subject above unresisted handcuffing.
- "Use of force indicating apparent criminal conduct by an officer" means force that could result in criminal charges due to the circumstances of the use of force.
Use of Force Policy
- The use of force policy shall include all force techniques, technologies, and weapons, both lethal and less lethal.
- The policy shall clearly define and describe each force option and the factors officers should consider in determining which use of force is appropriate.
- The use of unreasonable force will subject officers to discipline, possible criminal prosecution, and/or civil liability.
Protocols for Weapons
- Protocols for each weapon, tactic, or use of force authorized by APD shall be developed and implemented.
- The protocols shall be consistent with the use of force principles and the overarching use of force policy.
Use of Firearms
- Officers shall carry only agency-approved firearms and ammunition while on duty.
- APD shall revise its force policies and protocols to reflect the requirement for all officers to carry a Department-issued handgun while on duty.
- Officers shall be required to successfully qualify with each firearm that they are authorized to use or carry on-duty at least once each year.
Electronic Control Weapons (ECWs)
- ECWs shall not be used solely as a compliance technique or to overcome passive resistance.
- Officers may use ECWs only when necessary to protect the officer, the subject, or another person from physical harm.
- ECWs shall not be used where deployment poses a substantial risk of serious physical injury or death from situational hazards.
- Continuous cycling of ECWs is permitted only under exceptional circumstances.
Crowd Control and Incident Management
- APD shall maintain crowd control and incident management policies that comply with applicable law and best practices.
- The incident management policies shall define APD's mission during mass demonstrations, civil disturbances, or other crowded situations.
Use of Force Reporting
- Uses of force will be divided into three levels for reporting, investigating, and reviewing purposes.
- The use of force reporting policy shall require officers to immediately notify their immediate, on-duty supervisor following any use of force.
- The policy shall also require officers to provide a written or recorded use of force narrative of the facts leading to the use of force.
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This is a court case document from the United States District Court for the District of New Mexico. The case is between the United States of America and the City of Albuquerque.
