[The most entertaining part of this video (to me), is the part beginning ~5:31, where you see Mr. D.O.J. perform FSTs. I included some of the other material both for context, and because I thought some of you might find it interesting to see a rookie officer learning the ropes of DWI investigation. If you find that part has you yawning, skip ahead to 5:30 and watch drunk guy take the FSTs for a spin, all while trying to weasel his way out of the situation he got himself into.]
Gabriel Cruz was a “quality assurance auditor” at Albuquerque Police Department, reporting in his unsworn position to the Department of Justice, but on one Monday afternoon this past January he was just another drunk guy weaving around traffic enough that multiple people called 911 to report him.
Cruz lightly hit another car as well as a utility pole before stopping, emerging from his car to find himself at gunpoint. Shortly thereafter, following a conversation in which Cruz claimed that some empty liquor bottles which had been in his own pants pocket in fact belonged to his friend… and that they had been in his pants for a week…. these cringe-worthy field sobriety tests happened.
As you can see, they are being administered by an officer in training and followed by the conversation you hear – in this video – during his FSTs. (You’ll see what I’m talking about.)
If you want to skip the officer receiving instructions on DWI processing, jump to 4:45.
Cruz resigned his civilian job with the police department before APD was able to fire him, however to APD’s credit the agency had already begun the process of termination when Cruz submitted his resignation that same day.
Regarding APD’s body worn camera policy: An officer turning off their BWC, and even informing other officers when their camera is on, is not a violation of policy. Rather – perhaps surprisingly – it is fully compliant with policy, as there are certain conversations which must not be recorded.
The general idea behind APD’s policy, paraphrased, is that officers should record all significant interactions with witnesses, victims, and suspects.
Here are some key excerpts from the policy which govern when the camera MUST be off:
Department personnel shall not use OBRDs to document in these circumstances:
b. Personal activities or private conversations of Department personnel that do not involve calls for service or contact with individuals.
d. Conversations between Department personnel that involve case strategy or tactics. [This one is the reason for letting each other know when they are recording. It’s hard to un-have a conversation].
A link to APD’s entire BWC policy follows. There is a “quick guide” on page 10, though the full text provides a lot of context and explanation.
Current APD body worn camera policy is at: http://tiny.cc/apdbwc
The policy is currently being revised. Working copy of revision is at, with changes highlighted and explained: http://tiny.cc/bwcdraft
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