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Phoenix PD internal report shows officer violated search and seizure policy during detainment of reporter

Report says claims of unlawful detention were 'unfounded'
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Posted at 2:47 PM, Aug 09, 2023
and last updated 2023-08-09 21:53:51-04

PHOENIX — The Phoenix Police Department has released details of an internal investigation into the detainment of a Wall Street Journal reporter after the incident drew criticism from some online.

The internal investigation says allegations of unlawful detainment of reporter Dion Rabouin by officers "based on race and use of excessive force" were "unfounded."

The report does, however, say that the officer who retrieved Rabouin's wallet violated the department's search and seizure policy.

Rabouin was handcuffed and detained on November 23 outside a Chase Bank in north Phoenix. Outside the building, the reporter was interviewing customers for a story about savings accounts, and bank employees called police to have him trespassed.

Watch ABC15's previous reporting on this incident in the player above.

In a police report, the main officer wrote that bank employees told him that they asked Rabouin to leave. Rabouin told ABC15 he was never asked to leave, and bank executives have apologized directly to him for what happened. Following his detainment, Rabouin filed a complaint with the department’s Public Standards Bureau.

In a statement released to ABC15, the department says it has since updated its policy to clarify the differences in procedure when detaining someone for trespassing and arresting someone for trespassing. The statement says the officers involved could have been given a written reprimand, but because the policy was vague, they will be given additional training instead.

Phoenix Police Department's statement regarding the internal review results is below:

"In November 2022, Dion Rabouin filed a complaint with the Phoenix Police Department Professional Standards Bureau against Phoenix Police Officer Caleb Zimmerman. Mr. Rabouin alleged the officer used excessive force while unlawfully detaining him, detained him based on race and threatened to assault him if he did not comply.

An internal investigation was conducted and has been completed. During the course of this investigation, an issue came to light that was not part of the original complaint. The officer legally detained Mr. Rabouin, then identified him by removing a wallet from his pocket. Retrieving Mr. Rabouin's wallet violated Department search and seizure policy.

The investigation found the allegations of unlawful detention, detention based on race and use of excessive force were unfounded.

The Phoenix Police Department is consistently reviewing policy and this incident provided us with an opportunity to review our policy on trespassing.

Phoenix Police Operations Order 4.41.5.D.5 [public.powerdms.com] has been revised to clarify the differences in procedure when detaining subjects for trespassing and arresting subjects for trespassing.

While a written reprimand would be appropriate for the policy violation noted, the lack of clarity in policy, and the fact that the incident did not involve malicious intent, repeat offenses, or a reckless or willful disregard for policy, the decision has been made to require the officer to receive training."

The Wall Street Journal released the following statement:

The video speaks for itself. The Phoenix Police Department handcuffed our journalist and placed him in the back of a police vehicle simply for reporting. That is outrageous, no matter the outcome of the internal investigation.

ABC15 has not obtained a copy of the full internal investigation at the time.