Officer Detains Citizen For Trespassing At His Own Home - Summary

Summary

The audio transcript is from an episode of a program called "Audit the Audit," which reviews police interactions. The specific incident discussed involves a Naropa University student named Zaid Atkinson who was picking up trash outside his dorm building. He was contacted by Officer John Smiley from the Boulder Police Department, who questioned him about his right to be there and asked for his ID.

Officer Smiley detained Mr. Atkinson until the independent internal review of the interaction, conducted by special counsel Bob Troyer, found that Officer Smiley based his reasonable suspicion primarily on the fact that Mr. Atkinson had no ID with his address on it and that Mr. Atkinson gestured towards the address on the front of the dormitory when he told Officer Smiley his address.

Officer Smiley also misunderstood what his reasonable suspicion allowed him to do, and this prolonged the incident. The independent report concluded that Mr. Atkinson was not committing the crime of obstructing a police officer by refusing to surrender his date of birth.

The officer attempted to escalate the situation by repeatedly asking Mr. Atkinson for his date of birth, which was not required by law. When Mr. Atkinson refused to comply, Officer Smiley drew his taser, which he held for seven minutes during the 20-minute interaction.

The interaction escalated further when Mr. Atkinson was told to sit down or face tasering. Mr. Atkinson and a Naropa University student filming the standoff both stated that multiple officers were pointing guns at them. However, the video evidence showed that this was false.

After the interaction, Officer Smiley resigned from his position at the Boulder Police Department. Mr. Atkinson filed a lawsuit against the city of Boulder, which is still ongoing. The program gives grades to the officers involved and Mr. Atkinson based on their actions.

Facts

:43.52: and order would be to leave the scene\n00:25:45.94: officer smiley then orders his\n00:25:47.89: superior to arrest mr. Atkinson and\n00:25:50.45: mr. Atkinly refuses to comply with the\n00:25:52.61: order to leave the scene\n00:25:54.99: [Applause]\n00:26:01.20: [Applause]\n00:26:03.98: [App6:35]\n00:26:05.59: [Applause]\n00:26:07.80: [Applause]\n00:26:09.66: [Applause]\n00:26:11.53: [Applause]\n00:26:13.46: [Applause]\n00:26:15.32: [Applause]\n00:26:17.18: [Applause]\n00:26:19.05: [Applause]\n00:26:20.91: [Applause]\n00:26:22.77: [Applause]\n00:26:24.63: [Applaut", metadata={})]

1. The event took place on March 1st, 2019.
2. The interaction involved a Naropa University student named Zaid Atkinson and Officer John Smiley from the Boulder Police Department in Boulder, Colorado.
3. The incident began when Officer Smiley approached Zaid Atkinson while he was picking up trash outside of his dorm building.
4. Officer Smiley asked Atkinson to verify his identity and address, and Atkinson did not have an ID with his address on it.
5. The interaction between Officer Smiley and Zaid Atkinson was considered consensual.
6. Officer Smiley detained Zaid Atkinson until this moment.
7. The interaction was later reviewed by an independent counsel, Bob Troyer from To Blue Stone Investigative and Risk Solutions.
8. The review concluded that Officer Smiley based his reasonable suspicion primarily on the fact that Zaid Atkinson did not have an ID with his address on it and that Zaid Atkinson turned and looked toward the address on the front of the dormitory when he told Officer Smiley his address.
9. The review also noted that Officer Smiley was not entitled to ask for Zaid Atkinson's date of birth, as per Colorado Revised Statutes 16 - 3 - 1 0 3.
10. The review concluded that Zaid Atkinson was not committing the crime of obstructing a police officer by refusing to surrender his date of birth.
11. Officer Smiley referred to the trash grabber in Zaid Atkinson's hand as a blunt object.
12. The responding officers were not on the scene at the same time and did not all stay until the incident's conclusion.
13. The first responding officer arrived on the scene and immediately drew his taser.
14. A total of nine officers arrived over the course of the 13-minute period.
15. Officer Smiley was the only one to keep his firearm unholstered for the entire 20-minute interaction.
16. Officer Smiley was holding his handgun for seven minutes of the interaction.
17. Officer Smiley then turned off his body cameras and audio to confer with his superior.
18. The sergeant ordered Officer Smiley to arrest Zaid Atkinson and restore peace and order, which Zaid Atkinson refused to comply with.
19. The event ended with Zaid Atkinson being detained.