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07.07.20 Work Session
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07.07.20 Work Session
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City Clerk
City Clerk - Document
Minutes
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7/7/2020
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City Council Meeting Minutes July 7, 2020 <br />Chief Klett explained that the department uses a software called IAPro that <br />was designed to help cities like New York keep track and provide early <br />intervention warnings of their officers who can easily hide behind their vast <br />numbers to detect early warning. <br />Chief Klett mentioned that Texas Office of the Attorney General (TOAG) <br />requires reports of custodial deaths or shootings and voluntary reports to the <br />FBI which includes actions by a law enforcement officer as a response to <br />resistance that resulted in a death or serious bodily injury of a person, or when <br />a law enforcement officer, in the absence of death or serious bodily injury, <br />discharges a firearm at or in the direction of a person. <br />No Knock Initiative: <br />SMPD Policy reference under SMPD Policy — 7.5 Search Warrant VI. <br />Executing a Search Warrant D. Gaining Entrance to Premises 5. No Knock or <br />Exigent Entry: A common use of no knock entries in the past may have <br />involved the need to prevent the escape of a person or to preserve evidence <br />from being destroyed. The use of no knock for these types of incidents has <br />been deemed too risky and other methods have been developed and used <br />locally except for some very extreme and rare circumstances. The need to <br />make a no knock entry may still be the best option in something such as a <br />hostage rescue where surprise may be the best option to protect life. <br />Chief Klett stated that the department's practice over the last several years has <br />moved away from no knock warrants or entry. It has been recently codified in <br />policy after a review, which states: In some circumstances a police officer may <br />enter the premises to be searched without announcing his or her presence and <br />purpose before entering. The judicial authority issuing the warrant may add a <br />no knock entry provision to the warrant. If not, the decision to make a no <br />knock entry may be made by the on scene supervisor based on facts that would <br />lead them to believe that an announcement would result in bodily harm either <br />to the officer or to someone within the premises. If circumstances require a no <br />knock or exigent entry, the first officer to cross the threshold into the premises <br />shall announce that law enforcement officers are executing a <br />warrant. To ensure their own safely officers shall command the occupants to <br />take appropriate action, such as "police, search warrant, get down." No knock <br />warrants shall not be used solely for evidence preservation. Exigent entries may <br />be used to preserve life. <br />Chief Klett mentioned the change was made because staff realized the <br />traditional uses of no knock warrants doesn't serve the purpose they used to <br />City of San Marcos page 8 <br />
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