‘Are there any dead babies in the car?’: San Jose police audit reveals use of controversial tactic
(KRON) — Officers with the San Jose Police Department asked drivers, “Are there any dead babies in the car?” while initiating traffic stops in at least two separate occasions in 2023, according to an independent audit. Both instances were examples of officers using a controversial tactic known as “shock talk,” according to the audit, which was conducted by the City of San Jose’s Interim Independent Police Auditor.
The incidents were brought to auditors’ attention through citizen complaints that were both verified by video footage. One officer suggested that his field training officer suggested using shock talk to catch listeners off guard, thereby “causing a greater likelihood of the listener speaking the truth,” the audit states.
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The Independent Police Auditor (IPA) said it was unable to find reliable police training to support the use of this technique. The use of shock talk has been strongly discouraged by the San Jose Police Academy, field training, ongoing training and a memo from the SJPD chief, according to the audit.
Among the IPA’s other findings were that while San Jose PD was authorized to have 1,173 sworn officers in 2023, there were only 912 officers authorized for full duty. The department is currently at 77.75% of staffing.
Officer complaints were down year-over-year compared to 2022, the audit said. There were two shootings involving San Jose PD officers in 2023.
‘We just decided to stop a Black man for no reason, okay?’
In another instance detailed in the audit, an officer was investigating criminal threats and ordered the complaining party out of a car they were seeking refuge in. In an interview, the officer described a fleeing suspect who was possibly armed. Body-worn footage, according the IPA’s audit, did not support that.
After a struggle, the complaining party was arrested. When they were finally subdued, he asked one of the officers why he was being arrested.
“We just decided to stop a Black man for no reason, okay?” the officer responded.
The IPA requested that a “bias-based policing” allegation be added for one of the officers. A use of force review found that force used during that arrest was within policy, but additional training was recommended.
New Independent Police Auditor appointed
In a related note, San Jose Mayor Matt Mahan announced the appointment Tuesday of a new Independent Police Auditor. Following an “extensive nationwide search,” the mayor and the San Jose City Council announced that Eddie Aubrey had been appointed as the new IPA.
“Eddie Aubrey will leverage 40 years of law and civilian oversight experience to hold the San Jose Police Department to the highest standards,” read a statement from the mayor’s office.
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