On Wednesday, November 17, 2021, the Workers Defense Project filed a complaint with the Office of Police Oversight regarding the Austin Police Department’s execution of a search warrant. Officials with the Workers Defense Project call the interaction with police “egregious” and claim the search warrant was obtained under false pretenses.
The Austin Police Department sought video footage of an alleged attempted assault that occurred in the parking lot on October 14, 2021. A subpoena for two hours of the organization’s video footage was obtained on October 22, 2021. However, according to claims made this week by the Workers Defense Project, APD failed to properly serve the subpoena and instead forcibly acquired the security footage.
“Poor people, people of color, and immigrants are often targeted and harassed by the police,” said staff attorney Hannah Alexander. “Because of this, we have an internal policy that we do not voluntarily collaborate with police.”
According to the Workers Defense Project, APD officers broke open the door and seized security footage, including weeks of confidential video recordings. The organization also alleges police officers “paraded through the office with their guns drawn and raised” — a claim that police say they doubt because drawing weapons to serve a search warrant of that kind of not something they would do.
The full list of complaints submitted to the Office of Police Oversight include:
- Austin Police obtained a subpoena for two hours and five minutes of a non-profit’s private video footage but then failed to even attempt to serve the subpoena.
- Austin Police either do not know or do not care how to properly serve a subpoena. Texas Code of Criminal Procedure 24.04(a) states that a subpoena can be hand-delivered, read aloud, emailed with a return acknowledgement, or mailed certified mail.
- Austin Police wasted city resources when they sent five armed officers in at least four separate city-owned vehicles to execute a search warrant instead of simply emailing a subpoena.
- Austin Police damaged the non-profit’s front door when they broke in to conduct the raid.
- Even after seizing the evidence authorized by the search warrant and even though non-profit staff had unlocked each room that they were requested, Austin Police broke into an additional locked room, which contained attorney-client privileged legal files in a filing cabinet.
Both the Austin Police Department and the Austin Police Association dispute the claims. In a statement, APD says:
“The Austin Police Department (APD) is aware of a complaint alleging officer misconduct that was filed by the Worker’s Defense Project (WDP). The complaint stems from actions taken by APD personnel while investigating Case No. 2102870515 involving an unprovoked attack on two innocent females who were walking near the WDP’s parking lot on October 14, 2021. APD is responsible for thoroughly investigating all crimes, especially violent felony offenses, that occur inside the City of Austin. The investigation resulted in two Aggravated Assault charges being filed against a female suspect. The parties involved in this incident do not have any connection to the WDP.
From the onset of the investigation, attempts were made to work with WDP employees to get vital evidence of the attack from their surveillance camera system. All requests were denied by employees of the WDP. Eventually, APD obtained a search warrant, which was reviewed and approved by an independent magistrate. The search warrant authorized APD personnel to obtain the recording device that is believed to contain the evidence. When APD personnel attempted to serve the valid search warrant, WDP employees again refused to voluntarily comply. APD personnel then forced entry into the building.
In response to the complaint, an internal review, with oversight by the Office of Police Oversight, will be conducted. All actions by APD personnel will be reviewed to ensure compliance with APD Policy. Due to this review, further information cannot be released at this time.”
