In 2024, San Jose police reported 400 incidents involving the use of force, of which 13 led to great bodily injury. This information comes from a report issued by Independent Police Auditor Eddie Aubrey, who began his tenure in April 2024. This is the first year his office has had the authority to conduct deep reviews of such incidents, following the passage of Measure G by voters in 2020. Aubrey is now seeking to expand his oversight to include all uses of force, not just those resulting in injuries.
While the IPA report found that all 13 cases of serious injury were within the boundaries of reasonable force, it also raised concerns about the high rate of injuries from police dogs and frequent strikes to sensitive areas of the body. Aubrey noted that staff limitations restricted the depth of his reviews and pledged a more detailed analysis later in the year. Still, he emphasized the importance of reviewing all levels of force to identify possible instances where de-escalation might have prevented physical contact.
City leaders, including the mayor and several councilmembers, disagree with this approach. They argue that the current system already provides meaningful oversight and balances efficiency with accountability. They warn that reviewing every use-of-force case could overload the IPA’s office, detract from investigating more serious matters, and strain city finances. In a formal response memo, city leadership voiced concern that implementing the IPA’s full recommendations could compromise operational integrity and add investigative risks.
Among the IPA’s additional recommendations is the request to receive access to officer-involved shooting investigations equivalent to that of the department’s Internal Affairs division. This idea, too, was met with resistance, with officials stating it would undermine the investigative structure currently in place.
Supporters of the proposed expansion argue that it would promote transparency and align the city’s practices with the broader oversight already exercised at the county level. An oversight leader from the county stressed the importance of reviewing even minor force incidents, noting that understanding whether alternatives to force were considered or applied can improve overall policing practices. They argue that public trust hinges on the perception that no action is beyond review and that accountability is comprehensive.
One local civil rights leader and retired law enforcement officer expressed strong support for the proposal. While often critical of oversight practices, in this case he voiced agreement with the need for full access for the IPA. He emphasized that independent auditors must have the freedom to examine all data, stating that law enforcement should not be responsible for monitoring itself. He also called for greater transparency in reporting on civilian complaints by urging the auditor’s office to break down complaint outcomes by racial demographics.
Aubrey assumed the role of independent police auditor during a period of transition and controversy. His predecessor left under difficult circumstances, and shortly thereafter the assistant auditor resigned, leaving behind a letter accusing the city of neglecting the oversight office. Despite these challenges, Aubrey has moved forward with a clear plan for strengthening police accountability.
His annual report presents a complicated picture of law enforcement trends in the city. While use-of-force incidents resulting in great bodily injury and civilian complaints have declined since 2021, officer-involved shootings have increased. Notably, injuries caused by police dog bites remain disproportionately high, even though deployment of canine units has decreased each year since 2021.
In terms of officer conduct, nearly 300 officers were subjects of misconduct complaints in 2024—a 16.5% increase compared to the previous year. The report states that 29% of officers had at least one complaint filed by a member of the community. Common allegations included procedural violations (33%), Fourth Amendment issues (27%), discourtesy (16%), and biased policing (15%). Most complaints were directed at officers in their first four years of service, though several long-serving officers also faced multiple complaints, including one veteran officer who was the subject of seven in a single year.
Out of the more than 260 complaints filed by the public, and 41 submitted internally by the department, only a small percentage were sustained. The department confirmed wrongdoing in 26 internally filed complaints and in 34 from community members.
The police department accepted nine of the twelve policy recommendations made by the IPA, but rejected three key suggestions. These included expanding the review to include all force incidents, granting the IPA access equivalent to Internal Affairs, and strengthening rules regarding the off-duty use of department vehicles.
As the city deliberates on the future scope of police oversight, the debate reflects a broader question about the role of transparency in law enforcement. While officials express concern over costs and logistics, community advocates and the IPA maintain that full access is critical for meaningful accountability. Whether San Jose chooses to align itself with county standards or continue with its current oversight model remains to be seen, but the discussion has elevated public interest in how policing is monitored in the city.
