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HomeMy WebLinkAbout11-14-2006 Police Citizens Review Board ITEM NO.1 ITEM NO.2 ITEM NO.3 ITEM NO.4 ITEM NO.5 ITEM NO.6 ITEM NO.7 AGENDA POLICE CITIZENS REVIEW BOARD November 14, 2006 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street CALL TO ORDER and ROLL CALL CONSIDER A MOTION TO ELECT A TEMPORARY CHAIR REPORT FROM NOMINATING COMMITTEE CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By-Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED . Minutes of the meeting on 09/12/06 . ICPD General Order 89-02 (Department Disciplinary Philosophy) -~_.._-_._-~~._.__.__..".+_._._~--_._'--~.__._-'---_.-----,.-----..----,.,-.---...-- PCRB-Page 2 November 14, 2006 ITEM NO.8 ITEM NO.9 ITEM NO. 10 ITEM NO. 11 ITEM NO.12 ITEM NO.13 ITEM NO.14 ITEM NO.15 . ICPD General Order 99-01 (Police Vehicle Pursuits) (No chanQe, updated reevaluation date) . ICPD General Order 99-08 (In Car Recording Devices) . ICPD General Order 99-10 (Domestic Violence) . ICPD General Order 99-11 (Arrests) . ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches) . ICPD General Order 00-06 (Special Purpose Vehicles) . ICPD General Order 00-08 (Weapons) . ICPD General Order 02-01 (Temporary/Light Duty) . ICPD SOG 01-16 (Records Maintenance/Security) . ICPD SOG 01-19 (Computer Seizure Procedures) . ICPD SOG 01-22 (Special Assignments/Training) . ICPD Department Memo 06-50 (July-August Use of Force Review) . ICPD Memorandum Quarterly/Summary Report (Quarter 3) - IAIRlPCRB, 2006 . ICPD Use of Force Report (August 2006) . ICPD Use of Force Report (September 2006) OLD BUSINESS . City Code Section 8-8-6(E) / Policy & Procedure for extension requests NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1 lea) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of publiC bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. MEETING SCHEDULE and FUTURE AGENDAS . December 11,2006,5:30 P.M., Lobby Conference Room . January 9, 2007, 5:30 P.M., Lobby Conference Room . February 13, 2007, 5:30 P.M., Lobby Conference Room . March 13, 2007, 5:30 P.M., Lobby Conference Room ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: TO: FROM: RE: November 9, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on November 14, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 11/14/06 . Minutes of the meeting on 09/12/06 . ICPD General Order 89-02 (Department Disciplinary Philosophy) . ICPD General Order 99-01 (Police Vehicle Pursuits) (No chanae, updated reevaluation date) . ICPD General Order 99-08 (In Car Recording Devices) . ICPD General Order 99-10 (Domestic Violence) . ICPD General Order 99-11 (Arrests) . ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches) . ICPD General Order 00-06 (Special Purpose Vehicles) . ICPD General Order 00-08 (Weapons) . ICPD General Order 02-01 (Temporary/Light Duty) . ICPD SOG 01-16 (Records Maintenance/Security) . ICPD SOG 01-19 (Computer Seizure Procedures) . ICPD SOG 01-22 (Special Assignments/Training) . ICPD Department Memo 06-50 (July-August Use of Force Review) . ICPD Memorandum Quarterly/Summary Report (Quarter 3) -IAIR/PCRB, 2006 . ICPD Use of Force Report (August 2006) . ICPD Use of Force Report (September 2006) . PCRB Complaint Deadlines . PCRB Office Contacts - September 2006 . PCRB Office Contacts - October 2006 . 10th Annual Citizen's Police Academy Other resources available: National Association for Civilian Oversight of Law Enforcement NACOlE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOlE.orQ DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - September 12, 2006 CALL TO ORDER: Chair Greg Roth called the meeting to order at 5:34 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson MEMBERS ABSENT: STAFF PRESENT: None Legal Counsel Catherine Pugh and Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Cap!. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Engel and seoonded by Larson to adopt the consent calendar. . Minutes of the meeting on 08/08/06 . ICPD SOG #01-23 (Recruitment/Selection) . ICPD Department Memo 06-29 (March-June Use of Force Review) . ICPD Use of Force Report - July 2006 . Correspondence from Howard and Madonna White Motion carried, 5/0. Barnhill commented on the Use of Force Report for July. The terminology "Mental subject" which was used for one of the incidents might not look in a positive way and thought that it could be worded differently. Widmer stated that he would think about it and take the suggestions into oonsideration. OLD BUSINESS Citv Code Section 8-8-6CE) / Policv & Procedure for extension requests - The Board agreed after discussion to ask Captain Widmer to speak to Chief Hargadine regarding extension requests and the effects it has on the Board when those requests are received after the report due date. Widmer said he would speak with the Chief and report back to the Board at the next meeting. At that time the Board will discuss whether to recommend possible changes or to leave the wording as is. NEW BUSINESS Select Nominating Committee - Roth selected Larson and himself to serve on the nominating oommittee. PCRB September 12, 2006 Page 2 PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. MEETING SCHEDULE . October 10, 2006, 5:30 P.M., Lobby Conference Room - CANCELLED . November 14, 2006. 5:30 P.M., Lobby Conference Room . December 12, 2006, 5:30 P.M., Lobby Conference Room . January 9,2007.5:30 P.M., Lobby Conference Room Motion by Larson and seconded by Barnhill to cancel the October meeting due to lack of Board business. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Horton and seconded by Engel. Motion carried, 5/0. Meeting adjourned at 6:04 P.M. zoo:>< i:::ii'l II II II II II ~~>>-= ooC'C'~ ..... ~ tI) rI' tI) ~ ~ ~ (tl ('l) '" '" = = = ~~~-l""l- t:'tl ..... ~ " = ~ '" "" " C' = '" '" .... '" i:l- ~ 0< t"':: C'l =:t'" i"li"l =("l .. -. ., " " = :: .. .. ., " " ., ., II<> '" ., = z ~ ... II<> -" " .. = Q. " .. 1;' " = -0- 5'"< ~ = !!. = " - - ... i"l ... ~ ;g ;g ;g ;g trl'" 25 <3 <3 <3 <3 ~trl '" '" 00 00 -.J . ~ - ~ ~ ~ ~ ~ - - = 0 0 N ~ ~ ~ - [OJ [OJ - ... w ~ ~ ~ ~ ~ N - Z Z Z Z Z to :: :: :: :: :: - - ~ ~ ~ ~ ~ Ul '" ~ ~ ~ ~ ~ ~ - - N ~ 0 ~ ~ ~ :::! [OJ - ~ - i::: '" '" 00 .... ~ ~ ~ ~ ~ Oil ~. t::l '" ~ ~ ~ ~ ~ ~ - .... - ,e, N -= o t"' .... >(j ..,t"'i ..,(j t"'i.... o<z::l t"'it::lN >~fi ~(j[J'l ~t"'i?;J ~?;J< (j.... ot"'i ~~ o > ~ PER-01.1 'p~", .1"", ,41:';~.~ ,",'\~ 'r:~..... .""'~\>,,' Y'/~;:j,\';'(:i-----"":::J~,::\ :&'\.: <:::'-~;;"--'J'JA ell' "-;-':\' ;~:';""'?<:~--:'~'~>)J~:;!_' \/" ::::-/"",,. c~ ~\'--'-' Ih' tf"-..7.::' ~-'\\..~'l',t \I~-~;;-ll;j t!"'~J':I! .w,~~-'k.,~:>~:;..:/~, v, '~~Q(fC~~f It....i.. ~-~~1,~~. llJ ~" . ~'" ~rlh~f\' .' . .-,1. <~~ DEPARTMENT DISCIPLINARY PHILOSOPHY Date of Issue Janua 11,2001 General Order Number 89-02 Effective Date SeDtember 27,2006 . Section Gode PER-01 Reevaluation Date SeDtember 2008 Amends 89-02: Effective Julv 18, 1989 GAL.E.A. 26.1.2,26.1.4,26.1.5,26.1.6,26.1.7,26.1.8 INDEX AS: Disciplinary Philosophy Positive Discipline o :~O '>,. =~~ -, = ~ ("J) ~,~ l'0 -J !l Negative Discipline Internal Investigation 1\: -u -on -~ '...J n" - '-<7: Wo.. """;" $: I. PURPOSE -J The purpose of this order is to state formally the Department Philosophy of discipline and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, training, tangible and intangible rewards and supervisory counseling. PER-01.2 III. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then negative disciplinary action must follow to preserve the integrity of the organization. B. Non - Punitive actions: 1. written warning 2. written reprimand C. Punitive actions: 1. written reprimand 2. suspension 3. demotion 4. termination 9 .<0 )-.;>- :~::..:.. ~, ';;:-.;;0 = cY' (/) ,'-1 '-u ['oj -' -n --.. "~ .-- ,- PROCEDURES -.....,. ,.' ./ ,~-_. ~.\-n ----,'1 07 ~ J>" -0 :J:: ~? ,-:4 'i' '_"-1 U IV. 0:> DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks of a supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the Channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations and are expected to have an understanding of them. The Rules and Regulations will be housed at specified locations in the police department as well as electronically in conjunction with the departmental Policy and Procedures manual. The Iowa City Police Department expects a high level of professional conduct from members, both sworn and civilian. However, members of the Department often PER-01.3 perform their duties in a manner exceeding departmental standards. Official commendation of such performance is provided by the Department to give full recognition to those who have brought distinction to themselves and the Department. The awards and standard for measure for exemplary performance are as follows; COMMENDATIONS A. Commendation of Valor 1. For an act involving extreme bravery, heroism or outstanding action while facing great personal danger. 2. This award may be given posthumously to any department member whose life is given in the performance of their duty and circumstances indicate that an act of valor was performed. r-' 3. The award for this category will consist of a Medal of Valor ceP a "r~ white & blue" award bar. :'E. Q M J::'--' -0 N B. Commendation of Distinguished Service :) ", -' 1. For an act involving significant bravery, heroism or action whire.:fill:ing-,:> \ \; _.~ personal danger. 7"', ;-g -~ 2. The award for this category will consist of a Medal of Distingui~e'd '-f! Service and a "red & white" award bar. )> OJ -'n - ,- -r1 '---, <...J C. Commendation of Life Saving 1. For an act involving rescue or attempts to rescue any person from medical emergency, trauma, or other life threatening peril. The act must be exemplary and situation unique. 2. The award for this category will consist of a Medal of Life Saving and a "blue & white" award bar. D. Special Commendation 1. For an act of extraordinary service representing the department that goes beyond the normal requirements of regular duty. 2. The award for this category will consist of a certificate and a "blue" award bar. The subsequent awarding of any of the above awards to the same individual will result in an additional medal/certificate being presented with a corresponding award bar displaying the number of times the person has received the commendation. E. Letter of Commendation 1. For an act demonstrating exemplary professional conduct or performance. 2. The award for this category will consist of a certificate. ANNUAL AWARDS These awards are open to any sworn officer of the Iowa City Police Department. Nominations must be made in writing during the month of November each year explaining why the officer is being nominated. PER-01.4 A. Officer of the Year Award On an annual basis, this award may be given to an officer who most significantly demonstrates work and behavioral ethics that mirror our oath of honor and exemplify a positive image of the Iowa City Police Department as well as the community. This award recipient will be chosen by Command Staff. Criteria for selection will be; 1. professionalism 2. sustained work ethic 3. personal conduct ethic 4. demonstrated leadership 5. vision 6. communication 7. compassion The officer selected for this award will be given a plaque along with a "gold" award bar. B. Richard Lee Award On an annual basis, this award may be given to an officer in recognition of outstanding sustained efforts over the last year which positively impacted the community through a program or activity. This award recipient will be c~sen by the officers of the Department after nominations have been r@eivedg>,J"he criteria for selection will be; :; Q. (4; -\] 1. professionalism / -- ~ ._~.::: ,--, 2. compassion for citizens & other officers-. r -.Iii 3. unique & effective ways of accomplishing objectives ~ s: :;I ..~-.J 4. specific action/program exemplifying ~ ~ <? The officer selected for this award will have their name inscribed orrthe ro Department plaque along with being given a "silver" award bar. Any employee of the police department may nominate another for a commendation or award. Written documentation is to be forwarded through the chain of command to the Chief of Police. For integrity of the system, the Chief may appoint a supervisor(s) to conduct an inquiry to verify the facts of the nominated act with the final decision as to the validity and degree of the commendation/award being made by the Chief of Police When the "Class A" dress uniform is worn, awarded medals will be worn on the right breast pocket flap and award bars will be worn directly above the name tag. Medal of Valor recipients have the option of wearing the medal on a long ribbon around their neck. Award bars may also be worn on the normal duty uniform, but not medals. Documentation for all nominations and awarding of commendations or awards will be placed in the employees personnel file. Employees may also have a "Report of Inquiry/lncident Form" denoting exemplary service submitted by a supervisor or letters of appreciation from outside the department placed in their personnel file. PER-01.5 TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in-service training, advanced training, and remedial training. a. The training process should be designed to reinforce desirable behavior patterns and to call attention to noticeable actions which are deemed undesirable. b. A well-disciplined department is a well-trained department. 2. The supervisor, by his/her actions, sets the example for employees to follow. A good example is necessary if positive discipline is to work. Primary responsibility for maintaining the appropriate level of discipline lies with the firsl'line supervisor. B. Officer's acts, which are committed because he/she either misunderstood procedures or was never made aware of the correct action, are indicators of training needs. 1. These needs may be corrected by remedial training programs. a. Remedial training is personalized training to correct a specific deficiency which is usually identified by testing, evaluation during training, or by a supervisor evaluating an employee during routine job performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non-disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recommends the process to correct a lack of skill, knowledge, or abilities to perform their assigned tasks properly. 6. Upon completion of a remedial training program participants shall~e evaluated to determine whether or not existing deficieiYlies ~e alleviated. Results of the evaluation shall be forwarded throu9/l ~ c~in _" of command to the Chief of Police. c-) --< ~ I I ,-.-.~ __:r> --.J r COUNSELING IN THE DISCIPLINARY PROCESS~f:0 :;:z :}-1 Counseling is assisting employees in the process of problem solving. Clt~aY.1Je ",.,j corrective or preventive in nature. Counseling as a component of the ~isciplik~ry system, may be employed by itself or in conjunction with one or more ofdhe components of the disciplinary system. Counseling may focus on: A. the necessity for a person to change an existing behavior, or deficient work method. PER-01.6 B. the necessity for a person to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: A. There must exist a reasonable belief that the employee has an existing problem or is experiencing difficulty in understanding, adjusting to, or internalizing matters which: 1. Are job related, pertaining to assigned tasks 2. Involve personnel policies pertaining to departmental policies 3. Involve interpersonal relationships with co-workers 4. Involve personal matters which are affecting the employees work performance. B. The process may be based on the results of an Internal Affairs Investigation concerning a disciplinary matter, by recommending counseling for the employee to the Chief of Police, as a positive measure to correct a deficiency. C. Factors must be present which indicate the employee's problem is having a detrimental effect on work performance. D. There must be a reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. The following procedures should be followed for using counseling as a function of discipline: A. The employee or their immediate supervisor may initiate the counseling process; B. The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander or outside professional = counseling service; 0 g; C. Counseling sessions shall be documented either on the departr@1IDs ~0rL..n of Inquiry / Incident form or the supervisor's own documentation *Wm. ;::;l'~ ~C--" -.1 ' ~..~\... 'll :-( ~i\ ~ ~---, ~- ,I \___./ ;,..o~ ~7: "-:? .2: ):"- o::J TYPES OF COUNSELING APPROACHES Directive Approach - A. Counselor determines items to be discussed and solutions desired. B. Counselor controls and directs course of conversation. C. Used as a means of disciplining an employee, or providing specific information, amplifying, clarifying the nature of the infraction and the appropriate behavior desired. Non-Directive Approach A. Employee does most of the talking, says what's on their mind. (conversation not steered by counselor) PER-01.7 B. Counselor helps employee examine facts. C. Counselor helps employee think through the situation, choose alternatives and solve the problem. D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. NON-PUNITIVE ACTION Non-Punitive actions constitute a part of the Department's disciplinary system. Non- punitive action includes: A. Written warning ( may be in conjunction with other disciplinary action) . B. Written reprimand-minor (may be in conjunction with other disciplinary action) PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplinary system. Punitive actions include: A. Written reprimand-major (may be in conjunction with other disciplinary action) B. Suspension (may be in conjunction with other disciplinary action) C. Demotion (may be in conjunction with other disciplinary action) D. Dismissal WRITTEN WARNINGS Written warnings may be made for actions contrary to the rules and regulations or the policies and procedures of the Iowa City Police Department. A written warning may be initiated by the employee's supervisor. Written warnings shall be documented on the departmental Report of Inquirv I Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a departmental Report of Inquiry I Incident form and forwardEl.g to the employee's personnel file in the Human Resources Department. Upon feswardirj of the form, the Chief of Police will designate on the form whether the written @!iJnaAo is for a minor or major infraction. 'r> _/ '.::;j -n N -l () :3() ','~ \""i,-i -0 - . ::&: /-'-,,-' SUSPENSION ::;;,;c; ~ ~ When the infraction is of such a nature that a written warning or written r$iman~s inappropriate, the Chief of Police may suspend an employee. The employee shall be given written notice of the suspension and the reason(s) for the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve the efficient and safe operation of the Department. The supervisor shall promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. 1,"--;-1 r'.'--' ~--) PER-01.8 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a. The supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Being relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any payor benefits for the time he/she was relieved on an Administrative Leave of Absence. DEMOTION With proper cause, the Chief of Police may order an employee demoted. An employee may also be demoted due to lack of work, prudent business reasons, a series of violations, or one very serious violation. The employee shall be given notice in writing of the demotion and the reasons for the demotion. DISMISSAL Dismissal may occur after progressive discipline has been taken and there is no change in the employee's performance or behavior, or when an act is of a serious nature. Any employee whose conduct results in dismissal shall be provided the following: A. A statement citing the reason for dismissal. B. The effective date of the dismissal. C. A statement of the status of fringe and retirement benefits after dismissal. D. A statement as to the content of the employee's employment record relating to the dismissal. E. A statement indicating the steps and time frame in which appeals need to be made in accordance with the grievance process and appeals pursuant to the civil service process. ~ o g :s: c [4, 11 ~v _~; -0 ___ (," N - " ,~ --l ') :::i C,' ',-f APPEAL OF DISCIPLINARY ACTION .,~~~ ~ \.J All appeals of disciplinary actions administered to non-sworn employees VliifI'follo'&:.the grievance procedures established within existing labor contracts and agreerrtents. co Iowa Code Chapter 400.20 is as follows: The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisors are responsible for the performance, conduct, and adherence to departmental directives and policies and procedures of their subordinates. Supervisors PER-01.9 are the initiators of the disciplinary process and should use their knowledge of supervision, subordinates, and knowledge of the infraction and its circumstances to recommend corrective action. Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command. A copy of all Report of Inquiry I Incident Form shall be forwarded to the Commanding Officer Field Operations. Suspensions, demotions, and dismissal may only be administered by the Chief of Police or designee. The Chief of Police retains final authority in m! disciplinary matters. ANNUAL REVIEW OF DISCIPLINARY CASES A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: 1) training 2) change in policy, procedure, or Rules and Regulations 3) adequacy of supervision 4) need for inspection or other controls B. During the review process, the Commanding Officer, Field Operations will analyze all formal citizen complaints. This report will be used in the development of departmental goals in preparation for the annual planning and departmental budget process. . MAINTENANCE OF DISCIPLINARY RECORDS All written records of the administration of disciplinary actions above a written warning shall be maintained in the employee's personnel file. ... , Chief of PoOOe = - = o cr"' <::; r", U) <-_\..." ll'1 ):;;:.-::J. 4:;1 -<: f"0 ~~=~,~,__, -J "ll ~,,~:..,.... ..:..,;;; I" ~ WARNIt;.J~ 9~ <.:: .~~~ This directive is for d~parimeAIElluse orilY; a.Ad does not ap,ply in any crirlfFnl1\1 or ~Vilj proceedihIj. Tt;red~p~l'lme;l'1tpldIlCiW 'sfroQJClnt;it Jje col1~trl;le't'l;a~ a ctlilatim'l of lilgher legal standard of safety or care in an cey,identis1'y ser;ls.e With respeat tothircl~arty; claims. Violations of this direGlive will only form the oasis. far departmental! I administrative sanctions. .- 1-- T1 ~ OPS 02.1 ifl',_'~"'\'\\ "r;.;~tS(i,\\ '/i'fti/;<'~ ::::::____t~,\~\,..: ~~\l'iA CIFj- ~,\ (:"~ ,'!} - ;;- ~'>~>)J i'_ ~{;' .ff. ..,.--"/""'''<'''_/,., i:'/""'''I.~\'~'f' . -" ~ ~. 11 ..~ ';-0. I;j i/..>~,)c.lj ::.r:~~'_"~~")>' >~~J~.JS-L I ~!ii' "'''',---, -, ~.'\<i", ,'..... "",,,,. ~~~ ~:.~ -!~;K~ "L__., ',.,"!,.~-f' "'.,,~ POLICE VEHICLE PURSUITS Date of Issue February 10, 1999 General Order Number 99-01 Effective Date October 4, 2006 Section Code OPS-02 Reevaluation Date September 2007 Amends / Cancels 90-01 OPS-02 I CAL.E.A. 1.2.7,1.3.2,41.2.1,41.2.2,41.2.3 Reference See Index INDEX AS: Use of Force Vehicle Pursuits Reports . Tire Deflation Devices o Sn s>=c, ,...-:'; = c:-...' "'" o n -< I ..,.. Il I. . PURPOSE ,--, -..-~- ;;S~; t,; -0 ::J: r-l-j ,-, U It is the purpose of this policy to state the guidelines to be followed durin![) ;:\;; vehicular pursuits. >-:.... )> c,.? U1 ..,.. II. POLICY The initiation of a pursuit is justified when, in the officer's judgement, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must, continue throughout the course of the pursuit by the officer and his/her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. OPS-12.1 ;I1)~';a ".t\~~ ';~~h~:";~l;,,, '/t'i, "/-"'-~-\~"'\:~:':\" (i!g-i~~/~~'1i:, .!tl~" ~.. :(~"y- Q~\'\_-.. ,) "'1' f,'",,", '. ~ ,'-Y:, rf~ --'-:' ~ J "~-;~.t" Ni'T-'<",..,\_i;i,.,;,-;..],c, ~~P6~f ~~ ""...~"i' *"'~--((.t:. \ I}~~~f~ -'~~ IN CAR RECORDING DEVICES Date of Issue Julv 30,1999 General Order Number 99-08 r Effective Date November 7,2006 Section Code OPS-12 Reevaluation Date November 2008 Amends / Cancels C,ALEA 41.3.8 Reference 99-06 Traffic "''' = C~ :s: ~ 0 :t:; (-=1 Il ~c I -J n, 'T' i";"1 " :' I .~ ,--.'\ =:~) _.~... \-/ ,~ :;, w < ~ 0 CD INDEX AS: Use of Force Internal Investigations Evidence Evaluations Traffic Stops I. PURPOSE The purpose of this policy is to identify when in car recording devices should be used and procedures to be followed when using the recording equipment II. POLICY It is the policy of the Iowa City Police Department to use in-car recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturers instructions, Only those members trained in the use of the recording devices are authorized to use the equipment All videos are the property of the Iowa City Police Department Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The playing or copying of any unauthorized video is prohibited. OPS-12.2 III. DEFINITIONS In-Car audio/video recording equipment consists of; a camera, recorder, flashcard and LCD Display. These units are within the vehicle. A remote voice link device is carried by the officer. IV. PROCEDURES The use of in-car video and audio equipment will allow officers to collect evidence for use in the prosecution of those charged with a violation. Other appropriate uses of the recorded information include but are not limited to: A. review of an incident prior to a court appearance; B. recorded information may be used or subpoenaed into court for civil and/or criminal cases; C. provide documentation of incidents which do not result in charges; D. assist in the report writing process; E. recorded material may be used in or provide the basis for training. The Commander of Field Operations or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Field Operations or his/her designee. Only persons trained in the servicing of audiolvisual .equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from the vehicle until repaired. If an officer who is not trained in the use of the equipment is assigned to a vehicle containing the apparatus and it is employed, they should notify a supervisor at the conclusion of the assignment. The supervisor then is able to assign identity to that portion of the video not identified. Officers are not required to inform person(s) that the recording equipment is in use, but shall disclose its use upon inquiry. USE OF EQUIPMENT FOR OFFICERS TRAINED IN THE OPERATION OF THE RECORDING APPARATUS In-car audiolvisual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the @ record button 4. manual activation by remote voice link button o :2= C:i 'l> ----=; ~.... C:::> c= ~ ",,-~ C) -:: -n .r.~l I -J ../ , "0 :,'-r1 ., :< .,.-/ :G '-oj C) OJ OPS-12.3 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that safety is the first priority. In addition to traffic stops, officers shall manually activate the recording equipmenton calls for service and on self initiated field activity. This may be done from the car or via the remote voice link. The remote voice link device shall be carried by officers and utilized to record audio information outside the range of the vehicle microphones. Officers, if able, shall activate the system immediately upon being involved in a motor vehicle crash. It is recommended that officers give consideration to activating the system when responding to calls for service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded. When the recording is stopped, the system will allow a priority to be set. The following priorities are available: Priority 1 = normal recordings, traffic stops etc Priority 2 = officer marking for personal review Priority 3 = file to be saved as evidence Priority 4 = OWl Priority 5 = for supervisor review 6 ~C) -1.>-, f"-,:; '"~.;" ~~ ...'c --n C-) "-j I --l f ---'-1 I, .-_.~-\ 'I..,.J ~- '-d <~ "- Flash Card Control )> g; Videos are captured on flash cards on a recorder located in each vehicle. The flashcards are secured within the recorder to which only supervisors have access via key. Spare flashcards and keys to the recorders are available only to supervisors. The recorder activates a warning for the operator when the flashcard is nearing capacity. A supervisor shall be notified who will then replace the flashcard. The flashcard is then uploaded to the server by the supervisor. Once the upload is complete the files are automatically erased from the card. The newly formatted flashcard is then available for re-use. -'(1 =;,;: ~'" If the video contains documentation of a use of force, the fact that there is a video and the date it was recorded should be included in the Use of Force Report form. In instances where there is a citizen complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the action being complained about was recorded. OPS-12.4 Video files are stored on the server located within the Police Department. Backup DVD's are created automatically when there is enough data to fill a disk, all data is backed up to DVD. Files that are tagged as evidence or for review will be kept live and accessible on the server for a period of 1 year. Files not tagged are kept on the server for a period of 180 days. If a video is needed after the 180 day period, it must be re-activated from the backup DVD. All backup disks are stored in the evidence room and under the control of the evidence technician. Only the evidence technician, the Commander of Administrative Services and the Commander of Field Operations are authorized to remove disks from the storage area. The watch supervisor should select at random at least two videos per officer per year for review. The purpose of this review is to ensure the recording equipment is being operated in accordance with departmental policies. L/) ~ amuel Har . e, Chief of Police p.....) cj C-:.' C':"..> ,:::;;-" ?-: (_"".:i :r: )> c) -q - ~- Ci - I --J '-i '!1 / '. -\,:: --~ ,O~) -.", '...--' i ":0- c,-'! --> <- )> 0 Cf) .{~:' ~~-j'~'\r~' .-jJ. ~~. . _1tL;..~-, ,:;St,~ ".,\\,.\'S~ ':::~'~~~A Cl?,;...c-;.),. !,',....y 0/.-,.:>_" /.....,:,1 '~'- ,'\ ,,- ", ,J0'\" .,,r;, - :S. ,<,~:y c,: ~""-r,." ,j.I" ~r'~I:~ ''-_'-Y::.'~ r, '. ' I'" .' J;,j ~I~- -~ )"", _~ :i;',~~~}.,~ ;.v;d.........""'~~'l- ""'/~>)'f .~ Pa' C~C "'-IE: ,,;: ~"~ L1~L'0 t~*;;.:-- __~"&.7. ~-" !'\ft~ :-t/i C/T~~ IF' .<~~ DOMESTIC VIOLENCE OPS-14.1 Date of Issue October 8, 1999 General Order Number 99-10 Effective Date October 26, 2006 Section Code OPS-14 Reevaluation Date October 2007 Amends / Cancels I C.A.L.E.A. 1.2.7,55.1.1,55.1.3,55.2.3 INDEX AS: Domestic Abuse Domestic Violence Domestic Violence Reports Domestics No Contact Orders Protective Orders I. PURPOSE I Reference Q ::~o )>-j \-)<-<..< =::;,(~\ ~'.... 'rr', ,--., "-::!-/~ -.". )> f'-") ~0 c.~ o c--:': -i Il w o --n ~"~-; -n _/ '-" '.0 The purpose of this General Order is to establish policy and procedures concerning domestic abuse. The Iowa City Police Department will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse-related issues. Efforts will be made to deter this criminal behavior. OPS-14.2 II. POLICY It is the policy of the Iowa City Police Department to: . · Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. · Maintain a pro-arrest policy whenever probable cause exists to support the belief that a domestic abuse violation has taken place. · Protect victims and families experiencing domestic abuse, and provide information concerning support and services. . Promote officer safety by educating officers in the area of domestic abUse response. · Develop a wofking r~latiQf1ship with the Domestic Violence Intervention Program (DVIP). · Actively participate in multi-disciplinary and community efforts to prevent and reduce the incidence and severity of domestic abuse assaults and deaths. · Provide community and workplace education about domestic abuse, including re1easing an annual report on domestic abuse. III. DEFINITIONS A. Domestic Abuse means an assault, as defined in Iowa Code Section 708.2A and Iowa Code Section 236.2, that has occurred between parties who share a certain relationship. The relationship element defined: 236.2(2) 1. family or household members residing together at the time of the assault or who have resided together within the past year, but not at the time of the assault; 2. separated spouses or persons divorced from one another not residing together at the time of the assault; 3. biological parents of the same minor child, regardless of whether married or living together at anytime. 4. brothers andlor sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies. - ........) O c> ~,-:~ B. Family or Household Members; spouses, or persons co-habi~~, c~, parents or other persons related by consanguinity or affinity." :~: .':-::;,.._ CJ C. Children: Children under age 18 are not subject to these provis~::.:as Q chapter 232, Juvenile Justice, applies. 0 ;;;'~ ;:r 0;;;;-"",,- ~ 17 - '- ril . , :--1 "'~...../ (11 1.0 OPS-14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. KelloQQ. 542 NW.2d 514(1996). KelloQQ provides a non-exclusive list of factors for the jury's consideration: - Sexual relations between the parties while sharing living quarters Sharing of incomes and expenses Joint use or ownership of property Whether parties hold themselves out as husband and wife The continuity of the relationship The length of the relationship The degree of access to the residence (does each possess a set of keys) E. Primary Physical Aggressor: The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are. set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. F. Discretionary Arrest: Peace officers may arrest a person for a simple misdemeanor (non-injury inflicting) domestic abuse assault, but are not required to do so. Discretionary arrest also applies to iridictable level offenses where the offender was not the primary physical aggressor. G. Pro-Arrest Policy: Refers to a philosophical position in which physical arrest should be made in situations where an arrest is I~ally ~ permissible. ;f C) C'? .- r.::r (,' -,~. "-. c.v <:;) -'/7 -- r-.-.... o .S :is; ~. ,~::(~l -'.... -, - '",.......i (11 co OPS-14.4 IV. PROCEDURES Procedures for the fOllowing qualifying factors are included in this protocol: A. Communications B. Officer Responsibility at the Scene C. Officer Approaching the Scene "" C',} D. Written Reporting 0 ,,:-.-. c,--.. ~~: E. Victim Rights ---.--, _v._ , , F. Follow-up Investigation . , G) G. Confidentiality c" 0 ~-r1 ~..- H. Hostage Situations .: -c' -...-, '--.': _:... \._.-1 I. Officer Training c::) =.::~ <:' /~ -- J. Officers Charged with Domestic Abuse <" .. ):> Ul u:> A. COMMUNICATIONS The Emergency Communications Operator (ECO) shall dispatch officers to every reported incident of domestic abuse. When warranted, the ECO should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the ECO should ask these questions: 1. Where is the emergency? What address? What apartment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his/her name? Please describe the suspect and, if not present, his/her expected whereabouts. 7. Are weapons involved? If yes, what kind? 8. Is the suspect under the influence of drugs or alcohol? If yes, what substance? 9. Are children present? 10. Have the police been to this address before? If yes, how many times? 11. Does the victim have a current restraining order? Communications will dispatch all pertinent information to the responding officers. As events progress through a domestic abuse incident, the ECO will keep the responding officer(s) apprised. The ECO should listen for background noises that assist in evaluating the threat level (screams, OPS-14.5 shouts, threats, breaking glass, and furniture). These sounds will raise the potential danger level and can help to provide the probable cause required if criminal charges are filed. During the dispatching process, the ECO should initiate a check to determine the existence of no-contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the ECO should continue to reassure the victim/caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim/caller chooses to hang-up; this shall not influence the response effected. If the hang-up was voluntary, a callback should be made to inquire whether the victim/caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call will continue to proceed, and under no circumstances will the call be cancelled. 9-1-1 calls and calls for assistance or/calls received on the routine line should be preserved for any possible prosecution. Requests for 9-1-1 recordings to be taped for preservation will be made through the ECO supervisor by the domestic abuse investigator. Once a call is classified as a domestic, the ECO shall not reclassify the call. In instances where a call is classified as something other than a domestic, and the call is in fact a domestic, the ECO, upon notification from the officer may reclassify the call as a domestic. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one-unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriff's department. (See "protective orders" section below.) 0 3. Remain alert for suspect leaving the scene. ~ 9 '" c-::) l-;';;;:; c:r, _.f A. OFFICER RESPONSIBILITY AT THE SCENE c2 -( c.., o -j~.' When officers respond to a call for assistance at the scene of a ~-estic..""'2 abuse incident, they shall: 5l:;~ :.. j;; -. Ul 1. Approach the scene safely, and in an alert manner. co 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. o t '"':~ -T1 -:..! i:-} ; j J \.,~j OPS-14.6 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a ~rrant.g (See Iowa Code Section 236.11). :;;: 0 ;; 6. . Restore order. .C' =i :::::: 7. Take control of all weapons known to be used, or uS@ln aw threatening manner, and safely store them. (See SeiA!~ or Weapons, Iowa Code Chapter 809.) Iowa Code ,se:~ion~ 809.1(1)(c) defines seizable property as "... property whidq?iFnot- seized by the state poses an imminent danger to a person'~ealth.c:.; safety or welfare." When weapons are seized, the officer shalr-o notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.lnterview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12.lf probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of -11 r-- rTl . " '-'-1 ~j OPS-14.7 citations are not allowed in the event domestic abuse has occurred. This applies to either / both arrest for domestic abuse, related charges and I or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to' the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13.lf a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14. Collect and record evidence, including torn clothing, broken objects, etc. ~ 15. Photograph the following: Q ~;, a. Victim in 13 full body picture (front and back). ::c: C), s: b. Victim's specific injury(s). ;-") .... w c. Children. -'. 0 ./~ d. Scene, including broken objects, weapons, general disarray, ~ ~~ O~ e. If possible, the suspect's full body and any injuries, in ad"o~ to ~~ the mug shot. . UJ f. When photos are taken at a domestic incident, the film sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives developed photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. -'n . ;Tl -'-'1 -j 16. When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted immediately. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. 1 T. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. OPS-14.8 C. ENFORCEMENT OF COURT PROTECTION ORDERS Violation of a valid court order shall be enforced in the same manner and with the same vigor as violations of statutory law. When encountering potential court order violations in domesfic violence or other contexts, officers shall follow these procedures. 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this policy on domestic violence. 2. The officer shall verify the existence of the order and it's provisions by requesting the ECO check with the Sheriffs Dept. in the county where the order was issued and, if available, by examining any copies of the order the victim may provide. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of domestic assault or violating a no contact order, the investigating officer shall run a criminal history on the suspect and check for any prior convictions of domestic assault or violation of a no contact order. (allows for enhanced penalties) D. WRITTEN REPORTING Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the departments domestic abuse investigator. Reports will, at a minimum, contain narratives which will include the following information: . o ~ 1. full names of parties involved, including dates of birth of the sJ~t .':; and victim :_,' ~., ::: w c:> ,'-'" JJ (--.. "'] . , "._-, .'~_.J' -..,.- ~.-: . . ;-q-; 0::-::-:: ~::;: ....-, ~ _...... i:J en VJ OPS-14.9 2. address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. the relationship of the victim and suspeCt 5. location of the assault 6. whether no contact orders are known to exist 7. a description of the scene 8. weapons used 9. whether a 9-1-1 call was received and if the tape was preserved 10. documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim "12. whether they received medical treatment 13. an indication of whether the victim was presented their rights 14.excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim " 15. if the officer is aware of pending domestic charges, note that fact in the narrative E. VICTIM RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. (5 g >r--- C,", _:_ \,." .' c:. J> :_~,; 1:'-) -, L FOllOW-UP INVESTIGATIONS W --i C) / . , Ti 1,_..,. '---'-'-- <::/,-, All domestic abuse reports shall be forwarded to the domest~abuse:;, investigator for review. Useful information not obtained in the initial repo!"\" gathering stage may require a follow-up investigation. History of domestic abuse, past requests for service with" observance of frequency of occurrence noted, interview of witnesses and any other information applicable may be included. Follow-up photographs may be taken as injuries change in their appearance. Other photographs may be taken as """D ~. ,-- .'-~1 Ii ':""-.~l. \".-j OPS-14.10 part of the investigation, however, all photographs shall be appropriately logged. If an emergency 9-1-1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a. written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. G. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must honor the law reciprocally. H. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call. Special Response Tea'7l, (SRT) protocol and personnel may determine this strategy. 0 ~ ~> (l c; 5> =~.~. C) 1 OFFICER TRAINING --\ 11 :)-, w ~~..- 0 In addition to initial domestic abuse training at the Iowa Law Enforoi:1ipenlo Tl Academy, the Iowa City Police Department will routinely offer tr5ijqg iFF: <J regard to domestic abuse. Training will be provided by both lIttlOUSEr. staff, as well as utilizing outside authorities as available. )> ~ ,L OFFICERS CHARGED WITH DOMESTIC VIOLENCE Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out-of-state, are identified as a suspect, the watch commander / supervisor will be immediately notified. If the person arrested/suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander / supervisor shall OPS-14.11 be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. . In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. s~~~ amue arga e, 0 0 Ice . WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal slandard of safety or Care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis fot departmental administrative sanctions. 0 "" ~ = ~ c', ,-- n CJ ._~ r;:':'"" 0'" .' Z-:l -'; 11 . . '. ~, w =~i . . 0 . . ,'1'1 , f'T') Cl ., -., C) ~-~ '.._~.J :> ;;< - :s .. (J1 '-D LEG-02.1 ~.) >.,. ..\.~\~~- ,,/ ,,':;s, "" \\ ~~';':,,'~~,_\~,~\\1j~::. }~(g'~A.~1 ~~~':I:" f \; I~' ,.' "'\ "__ /"1 !/'Ic... -",,, "~ ',' \Y',l """" " I ',;:, '1. "" ~"" <I ;\I~--: J'._, -..:.', "-...J...,, '.J'?_,,!,'~'~_~_ dE:~~~" 'K~Q~~~f;1 1iiI*,i~. -r:~" ~/l t/Tc.Cl'-:> :r;' "~.~' n ARRESTS Date of Issue October 11, 1999 General Order Number 99-11 Effective Date October 26, 2006 Section Code LEG - 02 Reevaluation Date October 2007 Amends / Cancels I C.A.L.E.A. 1.1.4, 1.2.5, 1.2.6, 1.2.7 I Reference INDEX AS: Use of Force Citations Prisoner Transport Arrests Discretion Domestic Abuse 0 r....) C;::;) = <:'" ~.:;<.. < Q = _t> - c'") n " -; ~ .' w --~) , C) , " h-1 (~fl 0 ._,,-, :2 ,---, n..... _., ,.- x: - \....__...J ~ " (..) .s::- I. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. LEG-02.2 III. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. IV. PROCEDURES ARREST WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest without a warrant under the following conditions. A peace officer may make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. 1. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) Q ;7'": TREATMENT OF PRISONERS 3':~ ~i In making an arrest, officers will Lise only that amount of force~ason~y necessary to effect the arrest. Prisoners shall be treated with appropriilttpespeet. Officers shall not physically mistreat or verbally harass any individua~ t/Yclt ~y have taken into custody. Medical treatment will be made availabl~Wflen.:.tne arrestee is injured or complains of injury. 5> (..) 2J [1/ ,"~..., '-_J' ARREST/CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject. (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles.) Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, LEG..Q2.3 shall include but shall not be limited to all of the following: (see 805.1 (3)(b) Code of Iowa) A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing . offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person. (see 805.1 (3)(c ) Code of Iowa): . "" A. Place and length of residence. 0 1Yl :;;:(-. B. Family relationships. s"'; .~ c C. References. z:; D. Present and past employment. ..-J, . CJ E. Criminal record. :, hi -u C::l F. Nature and circumstances of the alleged offense. 0 5~ .~ '..j G. Other facts relevant to the likelihood of the person's response to aj1tationc:.; .&:" Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. , I All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: LEG-02.4 A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn him/herself in; B. advise the ECO of the location of the charge(s); C. fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any un-served warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter 804 of the Code of Iowa. Section 804.6 of the Code of Iowa is as follows: Persons authorized to make an arrest. An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace. officer or by a private person as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. _ ~ B. Prior to the service of the warrant an assessment of the risk factoWas defitled in the SRT policies and procedure manual shall be made. ~ Q g l -;0 C. Warrants will be prioritized as follow: . C) -.: z; __~ 1. warrants for persons known to be violent or potentially dangerotJ~C, CJ 2. felony warra~ts . ;.~ t, I ;';: ;~! 3. warrants for indictable offenses; ~ 7; '~j 4. non-violent misdemeanor warrants. ::;; " . ~ r ) D. The officer serving the warrant shall confirm that the warrant is still active- and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by sworn officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers should activate their In Car Recording Device when serving the warrant. H. Officers shall notify the ECO of the pending action and its location. As appropriate other officers may be notified of the activity. LEG-02.5 I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: 1. obtain the permission of a watch supervisor; 2. advise the ECO of the action; 3. contact the local agency with jurisdiction and request the presence of a local officer during the arrest. USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST. A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. 0 i:;'i A peace officer making an arrest pursuant to an invalid warrant is j~tied i~he use of any force which the peace officer would be justified in using iC-l,tUi' warrl:mt -Tj were valid, unless the peace officer knows that the warrant is invalid. :~ C) ~ ~-<-. rrl -0 i "Ii ,.---} DISCRETION . 5;;;~ =:': ..j The Iowa City Police Department recognizes that there are often alte!iiaiives';fo a custodial arrest. Since it is impossible to anticipate every such circtf'mstan($ in which action should be taken, it shall be left to the officer at the scene to determine the. degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident and directives from supervisors. B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. LEG-02.6 olice WARNING This directive is fot departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. '" c::. 0 c.:) o~ ~~ c> c~' r;:--: ~> - -I -..,-, II (-) c." - r-'-~ _i r---': 0 / -- !.n ~ rn -u ~~ -',--'. ' ) ,,/'.... - s;: ., w.> .c- LEG-02.7 APPENDIX I Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the' officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty. The articles of equipment personally owned by such members are exempt from seizure or sale for debt." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted imm.unity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circUlllstances, refer to the Consular Notification and Access publication which is available on..~e at lJ1e U.S. State Department's web site.}j,~!;2 ,S; -, Cv C:> :y::, ...,.!;~. )f -- /'"-.,. \._c ...'~... :s -- " 'il ;.......'...1 '~-._./ c) ,':- LEG-03.1 ~j","~'I~'\;\ ;j.r;.~;~,1t~t~ "./.. ,.//_.- ,;~___: !'. ,,\\t~~. ~'.'/- ---.-,'" ;:0......7 O\!'J_?--- ~/r0t"" '~'_'_'\' /, .... __. ,'. ;.1 J- \.': ,'.'" -", 'J~,. jt;~ J!/," ~~ ""_ .I'll'" 7/',?-;~ "~\,-\:y:J\' ~I;"',,; ,11;; '"';:;;1' w_~'""~:~~',Z-'~-".J';' '"'*\ P'''Cl<~C'E--;J',' "",\~ LI ~('I '~~'~:::::-:/,.~Y;1J ~ ' ,-r1. ,r/] "~'~ .fK~ '.S~ FIELD INTERVIEWS AND "PAT-DOWN" SEARCHES Date of Issue October 13, 1999 General Order Number 99-12 Effective Date October 26, 2006 Section Code LEG-03 Reevaluation Date October 2007 Amends / Cancels I Reference o fQ {1 -, ) c:..;; -; JJ "- I CAL.E.A. 1.2.3, 1.2.4 INDEX AS: Field Interviews Pat-Down Searches Cj -<' G.) o I. c-) ~? '......j ~ - PURPOSE ~ The purpose of this policy is to assist officers in determining when field 'fnterviews and pat-down searches are warranted and the manner in which they shall be conducted. Field Information (FI) Cards Searches -u :J.: 'n II. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform pat-down searches in conformance with procedures set forth in this policy. LEG-03.2 III. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat-Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality ot the circumstances, lead an officer to reasonably suspect that crimir@b activi~ has been, is being or is about to be committed. ::::0 F; )>=:, .. -n IV. PROCEDURES c..) o A. FIELD INTERVIEWS j '. 'i-, \ " --,'" r~'- ;,-~., . . I ,_OJ :::'< ~ /.... I)? 1. Justification for conducting a Field Interview - Officers may st~ indivi~als for the purpose of conducting a field interview only where reasonable suspicion is present. Reasonable suspicion must be more than a hunch or feeling, but need not meet the test for probable cause sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. . The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in criminal activity; b. The actions of the suspect suggest that he/she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's presence in the area; d. The suspect's presence in a location is inappropriate; e. The suspect is carrying a suspicious object; f. The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon; g. The suspect is in proximate time and place to the alleged crime; h. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. j 2. Procedures for initiating a Field Interview - Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he/she has an articulable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify him/herself as a member of the Iowa City Police Department, and if not LEG-03.3 not in uniform, the officer shall announce his/her identity and display departmental identification. b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. . e. Officers are not required to give suspects "Miranda" warnings in order to conduct field interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and write the incident number on the FI card. Field Information Cards should be submitted to the Records Division. Upon entry of the information from the FI card into the records system, the Report Review Officer shall forward the original FI cards to the Lieutenant of Investigations. '" o G B. PAT-DOWN SEARCHES >.~ ;::~ --';;;'::,:-:.' r:; 1. Justification for conducting Pat-Down Searches: An officer h@tfte rii~t to~0 perform a pat-down search of the outer garments of a suspecF,J&"Weapons.] if he/she has been legitimately stopped with reasonable Susp~(d.~;ang:-;-Qnly-': when the officer has a reasonable fear for his/her own or anoth~ p~on's-.> safety. Clearly, not every field interview poses sufficient jOitificat~ for conducting a pat-down search. Following are some criteria that maf'form the basis for establishing justification for performing a pat-down search. Officers should note that these factors are not all-inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. a. The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. LEG-03.4 d. Prior knowledge of the suspect's use of force and/or propensity to carry weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing a Pat-Down Search a. When reasonable suspicion exists to perform a pat-down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only be performed to protect the safety of officers and others and may never be used to "shake-down" individuals or groups of individuals or as a pretext for obtaining evidence. Under these circumstances, pat-down searches should be conducted in the following manner. 1) When possible, pat-down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat-down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat-down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object suCh as a handbag, suitcase, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the officer may make an arrest of the suspect and complete a full-custody search of the suspect. b. It is emphasized that none of these requirements preclude officers from requesting consent from the individual for a more thorough search, i.e.: backpacks, bags etc. 3. If during the course of an authorized pat-down search of an individual, an officer comes upon an item that the officer readily recog~s through his/her experience and training is probably contraband, th~..f(iceranay remove the item from the suspects clothing. If upon further exarm~atiQry the seized item is of a nature for which the possession of is crime,-the E!fice1Tl may make an arrest of the suspect and complete a full-custptt:y:.secm:h 6T~::: the suspect. . 'i Ci -v i""] ~ ;~~ ~7:: ;"-) ..,::;: ~ <J )S: a C) LEG-03.5 4 WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legaf standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. 0 t",,," ~ = -c- C~ }~ c~ C.J c....) n . -< '-=11 w ~::1 l, ) co "- ,:-< r--- i: :J:' ; . C:i , -'4- - -, --,.:::. \...._....l ~ /-', ~ :< ):> 0 co SER-04.1 ""'~"".'."\'" ~':""" :lIet; ,../ft,'::.". -- _ ~\\.'~ t, ,.~g~~~~, /,'7 o~A_ClrJ.- .~\,. l:'J ~:-;:;;:'?:;J" '((' \~,~:fo.~.'k<:0\I'/ X~'}.; ;.,L!;jJ.J";;~J!.,I~ :..r.*"<t~c...,,,,0"?J.~'-l.,.); . '~~~I' ~~'=-.-~r..fl ~"/t.~~.~~~J~~~~ "<~"~' ~;~ SPECIAL PURPOSE VEHICLES Date of Issue SEPTEMBER 25, 2000 General Order Number 00-06 Effective Date SEPTEMBER 27,2006 Section Code SER-04 Reevaluation Date SEPTEMBER 2009 I CAL.E.A. . 41.1.4 Amends / Cancels I Reference I,~ = = <T' Vehicle Operations Police Cyclist Canine Community Service Officers SRT Bomb Threats o :'Eo ):::>'~l j - . '::"-< (~- ;-< f_~", r., ~-'-'1 0'" ~;R. = J> (/) "., --c N -.l 1\ INDEX AS: ,.- -u ~, Ti U Cd en I. PURPOSE The purpose of this policy is to identify operating criteria for special purpose vehicles owned and used by the department. II. POLICY It is the pOlicy of the Iowa City Police Department to maintain special purpose vehicles. Special purpose vehicles will primarily be used for the purpose which they are designated. SER-04.2 III. DEFINITIONS Special purpose vehicle - The Iowa City Police Department designates the following type vehicles as special purpose vehicles. ',::c', 1. Canine Vehicles "t?- e) , (I: 2. Mobile Command Center ','c,; ~:, Q 3. Community Service Officer Vehicles "_ rV 4. Police Bicycles ",' -~ ..-c 5. Animal Control Vehicle , ::~ ..0'<' i'J;1 6. Prisoner Transport Van ,~c::. ::. )7 -c\ .-<.:::: , , II '~ ;~._.j IV. PROCEDURES dJ Uniformed Operations A. Canine Vehicle - Used to safely transport police canine and handler to and from work related duties. 1. Canine officers assigned to the vehicle can authorize any member of the department to operate the vehicle. 2. Operation of the Canine vehicle requires no special training. 3. In addition to being equipped as a marked patrol vehicle, the canine vehicle shall: a. Be modified for the safe transport of the canine. b. Be equipped with a device for the handler to remotely release the canine from the interior of the vehicle. c. Contain equipment necessary for the handling and control of the canine, as determined by the handler. 4. The canine officer is responsible for the normal upkeep and cleanliness of the canine vehicle. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. B. Mobile Command Center (MCC) - Used at major incidents to transport personnel, special equipment and communications equipment to the scene. Also serves .as command center for major incidents and incidents involving the call out of the Special Response Team. 1. The Incident Commander may request the use of the MCC at their discretion. The use of the MCC should be approved by the Watch Commander or Commander of Field Operations or designee. Any sworn personnel may operate the vehicle as directed by the incident commander. 2. The MCC requires no special training to operate, however the operator needs to be familiar with operating large "top heavy" vehicles. 3. The MCC may be equipped with emergency lights and siren and "police" radio and Data Terminal. In addition the MCC may be equipped with the following: A. Electrical Generator SER-04.3 B. Tactical Equipment as determined by SRT command. 4. The SRT Commander or designee is responsible for the normal upkeep and cleanliness of the MCC. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. C. Community Service Officer (CSO) Vehicles - Used by CSOs in the performance of their assigned duties. 1. CSO vehicles may be operated by any member of the department. 2. The Operation of CSO vehicles requires no special training. 3. CSO vehicles are marked as Community Service Officer and are equjP-ped with emergency lights, police radio and Data Terminal. In ~ition ~SO vehicle~ shall be equipp~d with: " z 0, \'9, 'Il a. Equipment for captunng and secunng ammals. j:'" -i --0:::::::. b. Parking citations and vehicle impound forms.?\~ ~ 'n c. Forms for taking basic reports. -< '_." ...",..~ d. Rack for carrying bicycles._ i::i; ::;: ",_J e. Other equipment as determined by the CSO. ~7'. <.f! 4. CSOs are responsible for the normal upkeep and c1eanlinesl):'Of C~ vehicles. 5. CSO vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. D. Animal Control Vehicle - Used by Animal Control Officers in the performance of their assigned duties. 1. Animal control vehicles may be used by animal control officers. On-duty animal control officers may authorize other members of the department to operate the vehicle. When animal control personnel are not on duty, Watch Supervisors may authorize officers or CSOs to operate animal control vehicles as needed. 2. The operation of animal control vehicles requires no special training. 3. Animal Control Vehicles are clearly marked as such and contain a police radio. In addition, animal control vehicles may be equipped with: a. Nooses, snares, or other equipment to capture at large animals. b. Kennels or compartments to contain captured animals. c. Tools and implements for clearing dead animals from the streets and other public areas. d. Other equipment as determined by animal control personnel. 4. The animal control supervisor is responsible for the general upkeep and cleanliness of animal control vehicles. 5. Animal control vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. E. Police Bicycles - Used by specially trained officers for patrol purposes. 1. Police Bicycles may only be operated by officers who have successfully completed a departmentally recognized Police Cyclist Training Course. 2. Police Bicycles will be marked as with the word POLICE. Police Bicycles shall be equipped with lights and reflectors. The bicycles shall also have enclosed pack to carry paperwork, small supplies and first aid equipment. SER-04.4 3. The assigned officer shall be responsible for the general upkeep and maintenance of the bicycle. 4. The bicycle shall receive maintenance as needed. 5. The use of police bicycles may be authorized by watch supervisors for situations where traditional vehicles are unable to enter, Le. parades, festivals, remote areas, or there is a community policing need that can best be served by officers on bicycles. F. Prisoner Transport I Holding Vehicle - May be used for the transporting of prisoners or holding of prisoners until they are booked I processed at the jail or other processing center. 1. The maintenance I care of this vehicle is the responsibility of the Commander Field Operations or designee. 2. No special license or training is required to operate the vehicle. 3. The transport of prisoners shall comply with departmental directives relating to the transporting of prisoners. 4. Use of the vehicle shall be consistent with directives relating to the vehicle. 5. Maintenance shall be as determined by the city's vehicle maintenance department. 6. The vehicle shall be equipped with barriers which separate prisoners from officers as well as juvenile I female prisoners from male prisoners. The vehicle will also have low maintenance seats for prisoner usage. All persons operating a motorized city vehicle SHALL have a valid Iowa Drivers License with all applicable endorsements and compiling with all applicable restrictions. Samu hief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety Qr care in an evidentiary sense with respect to third-R51rty claims. Violations of this directive will only form the basis for ~part~tal. administrative sanctions. )~Q /'q ,'~ ..., -" ..~ f~ -.J , -0 :;;: :0,,_, ,~~~i <;-,> n r T-~ . / . , ~;? )> co SER-05.1 "-'rl~"" "\\\~;.\ "Ji/';;,~__-'. l'l.'~~,& ~~"""'" - .,., ~""~", ~ ' "'-"',- -'-_ 1,.\,\",._, ,,1':.'___ __''-... _',~ ,2~'9~A_ C:/r)- '-~.'\I {;'-,~'",,? --'~--~''''~:''-,';J''- \~, ,t' S/">~. "'\'-V1,\' ~ I."-L.;. '-__-A.~. 11. ~.,' . i;i ""'J"!! ~l~ ~j;" '~'_i">//~~.~;, ,j,I'~~~E: ;;:1 'lI"~CL0~~1 ~t:';"'-<"~f,'oI'$ ~., .~ '1?,.4 ~/Jl._~~~: "~~ WEAPONS Date of Issue October 4, 2000 General Order Number 00-08 Effective Date October 26, 2006 Section Code SER-05 Reevaluation Date October 2007 Amends / Cancels C.A.L.E.A. 1.3.9-12, 33.1.5, 33.5.1 Reference Use of Force I Trainina INDEX AS: Firearms Munitions Off-duty weapons Weapons Special Response Team Use of Force Less Lethal Training Field Training (2 ~;::.~C) - , --... ~~:;; <:~;:~-, c...,. . -< r::':) C'-~' ---I w a Il .:--<': () ;;~ '1'1 ,"-'J <,....1 I. PURPOSE ~ c:', The purpose of this order is to identify those positions responsible for training o~rs in the use of various types of weapons and the minimum requirements for officers to carry certain weapons, In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed andlor violent subjects create handling and control problems requiring special training and equipment. SER-05.2 III. DEFINITIONS Lead Range Officer - A sworn member who has received specialized iraining in the instruction of firearms training and activities (firearms instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Range Instructor - A SWOrn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - Sworn member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. c., ':l (:J ~< Departmental issued. handgun - Handgun issued to the officer by the depadrT:[$lt ~d which the officer shall carry when on duty. Any exceptions require the app~~va~ of the Chief of Police or designee. ,.;; ~. III -0 Department issued shotgun - Shotgun provided by the department for de~yrnenPjn tactical situations. ~c.: ' , - )> G) +" Authorized Automatic Weapon - Any department issued automatic weapon which the officer has met approved levels of proficiency in firearms qualification training. !l .ll i-I 'J Projectile Launcher - Any department issued launcher with which the officer has met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious injury than conventional police tactics. Subject - The person who is the focus of the police operation. Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. SER-05.3 Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty without the express written permission of the Chief of Police or designee. IV. PROCEDURES A. GENERAL FIREARMS REQUIREMENTS 1. All on-duty sworn personnel, whether in uniform or non-uniform, shall be armed with a departmentally issued duty handgun. (see Appendix I) a. Exceptions- i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering. a secured area. I.e. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non-uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on-going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate. a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the'employee as soon as practical. 3. Non-uniformed on-cluty officers carrying a firearm in an unc~eale<ft manner must be readily identifiable as a police officer by wear~g~helf: badge adjacent to the weapon. :, _~;' ~) CJ .-' ,"," '-.'....r-. ____[r-; r"-', r", '- )~'-' .::~:/\. 5.:: 17 '-- '-- ~ -,'<. 'T! r-1 \-__.1 - f:~) <=- SER-05.4 4. Whether on or off-duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. iii. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off-duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off- duty, it shall be concealed from public view. An officer electing not to carry a handgun while off-duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. The carrying of a personal backup firearm while on duty is prohibited. 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10.While on-duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi-auto handguns and full cylinder for revolvers.) - ....., 11. Long guns will be carried with the magazine loaded and th~ham~ empty, unless being used by the officer. ;; 9 f; G ~< ;:" 12. Only magazines authorized by the department may be used in ~rE3armp Om " 13. Officers are responsible for the safekeeping and security of all !;le~rtm=eht authorized firearms in their custody. f; :.~ ..- 14. When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by the department. 15.AII department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from accidentally discharging. -T' . I r-.-.- , 'I! SER-05.5 16.AII department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. 17. Officers shall not carry any firearm under the following circumstances: a. The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. ,,' o ;~;~~ 18. Probationary officers shall carry weapons as directed by Fi~ Q"'fai~ protocols. --- . . C; G,) ~C; 0 B. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, ~~~ge;%r authorized training, officers shall not draw or exhibit firea~s'unless circumstances create a reasonable suspicion that it may be n~essaVo lawfully use the weapon in conformance with departmental directives. -"-r-' , I . ! ,-_OJ <_.~~j 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi-auto firearm. 3. Department owned firearms shall not be carried or utilized for any non-law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. SER-05.6 C. AUTHORIZED WEAPONS (see Appendix I) 1. On-duty handgun, uniform duty a. An approved on-duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double-action only or decock-only models. Single-action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) round minimum. v. Handguns shall be carried in department authorized holsters. 2. On-duty handgun, non-uniform duty (see Appendix I) a. An approved on-duty handgun for non-uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double-action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. Hi. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise. safely secure their weapon. 3. Off-duty Handguns (see Appendix I) _ :;,; a. An approved off-duty handgun is any department issued ~~gult;'Or personally owned handgun meeting the following requiremerifs':j ~? i. Criteria for personally owned, off-duty handguns ,,) - ;;,' JJ a) .380 ACP or larger ~::;:: :::) a.- b) .45 ACP or smaller r r: ='? IOJ c) Annually inspected by a departmental armorer~f,fire.!l'ms :..': instructor. :i> " ii. Upon effective date of this order, newly authorized rev~ers must be double action. Single action only revolvers are prohibited. Semi-automatics shall be carried according to manufacturer specifications. Semi-autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. ili. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. SER-05.7 iv. Ammunition Capacity: five (5) round minimum. v. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PO) and carried in a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons (see Appendix I) a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate prOficiency for qualification as set forth by the range officer and approved by the Chief of Police. 5. Authorized Shotguns (see Appendix I) a. An approved shotgun is any department issued shotgun. 6. Authorized Rifle (see Appendix I) a. Specified SRT personnel may be authorized to carry a department issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher (see Appendix I) a. All officers Who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8. Firearms Records a. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty which shall include: i. Initial date of service ii. Description iii. Manufacturer and Caliber 0 i~;:: iv. Serial number S~~0 ;;: v. Repair, service and modification history D -c. :.3 JJ vi. Officer and date approved -' c g vii. Proficiency qualification scores and dates. ,-< F ::0',) a. Proficiency qualification scores/dates shall be forwa@aa'to tile . . Training Unit. . i~ / " ::- ',j b. A copy of the firearm record shall be provided to the Commandet:of Field Operations. SER-05.8 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Lead Range Officer shall be notified in writing of m! modifications or repairs. Documentation shall be kept on file with the Lead Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued or Department approv,ed personally owned firearm beyond field stripping, a~, per ~the manufacturer recommendations for proper maintenance aM cWan'\Bg. All other disassembly shall be conducted by the mcfuJfa.ctu~r, manufacturer authorized center, or department approved arrW.rer. ,;,:" ,- < /""" '--" b. Each repair or service transaction shall be documented an<ti~cord~c.! as required in section 9. ii. above. . -';C- :;:: (~2 ~( -:-; 11.Ammunition z. 0) a. Officers shall carry all department issued firearms or personai(y" ownecf firearms approved for duty use loaded with department approved ammunition. (see Appendix I) This ammunition shall not be modified in any way. b. The Lead Range Officer shall be responsible for issuing all duty and training ammunition for all officers of the Department. i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be approved by the Chief of Police or designee. iv. All ammunition carried in a department approved, personally owned off-duty firearm shall be approved by the Chief of Police or designee. "\1 ---.:: ", , ,\ -, \,...1 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. SER-05.9 a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer/Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following:. drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: i. Paper targets with printed design to represent areas kLhit anij;be used in scoring accuracy. ~ . ~; ii. Steel targets that present instant feedback to the't~cer:':"~n -n accuracy. . .~. -. t..) iii. Shool/don't shoot targets that represent the need for ~,pfficeT'to c-,-l react appropriately.:::::: C:!::' :'~=; iv. Firearms Training System (FATS) q;j~ f. Successful completion of a transitional training course co~ucted~y the firearms training staff is required by any officer who changes frb?n primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. SER-05.10 k. All firearm instruction, training and qualification shall be provided by a certified instructor. 13. Less Lethal Impact Projectiles a. There are many projectiles considered "less lethal". The primary types used by the Iowa City Police Department are: i. "bean sock" round - 12 gauge ii. non-flexible - 37mm round b. Only rounds purchased by the department may be used during a deployment. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for eX!lmiriat~~. e. Bystanders who are struck by less lethal munitio~ dhalt;be encouraged to seek medical attention at a medical facility. 'j;.::::!; ':.::; -1l f. Only those persons trained and qualifying with the device::TBy deg\oy ~:..: the device. -j> -r-t ..:-' {..;--i ::? C~l -- ~- '-._J 14. Impact Weapons (J ;!< _ Training will be designed to require the officer to demonstrate3!iroficieiit:y with the types of impact weapons carried and knowledge of the laws MId directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force: Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in-service training in the use of impact weapons. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents (see Appendix I) Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. SER-05.11 a. Uniformed and non-uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples cif other agents and deployment methods include but are not limited to: i. 12 Gauge chemical munitions ii. 37 mm chemical munitions iii. Foggers iv. Pepper ball Systems 19. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. 20. Less Lethalllntermediate Impact Weapons Records The office responsible for Quartermaster function is responsible cfpr maintaining a record for each issued weapon other than fireal!f1s. -me Commander of Field Operations is responsible for maintaining ~,!!1l:or~f each special weapon (firearm, less lethal, delivery device, etc.) maiJitained r,'~ W in that unit. '~i co a. The record shall include: ,-( i. Type of weapon/munitions . . ii. Manufacturer 5 iii. Model number if any )> iv. Serial number if any v. Number of units (munitions) vi. Address and location of storage vii. Name of personnel issued to. b. All weapons shall be inspected and found acceptable for use by the unit supervisor prior to deployment. "11 " II '-.-1 , w CJ1 21. Proficiency Records At least annually, .each employee shall receive in-service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify Vv'ith an authorized weapon. The weapons system instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. SER-05.12 i. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. Sam WARNING This directive is for departmental use only and ~oesnot apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary Sense with respect to thir~"party claims. Violations of this directive will only form the basis for departmental administratives8notions. o ~Cl f",} r_'"::J C-'":.:J c;,...... ...--... ......,. .. D C) -, W <::) :::c> -n :;;j ):;; - .. 1,__J c.,,) {Jj SER-05.13 APPENDIX I Following is a list of weapons approved for use by members of the Iowa City Police Department. Asp brand Tactical Baton, 21 inch and 26 inch Defense Technologies MK-3, MK-9, MK-46 aerosol projectors (10% solution Oleoresin Capsicum) Glock Model 22-.40 Caliber 15 Round Magazine Semi-Automatic Handgun Glock Model 23-.40 Caliber 13 Round Magazine Semi-Automatic Handgun Remington 11-87 12 Gauge Semi-Automatic Shotgun Remington 870 12 Gauge Pump Action Shotgun Mossberg 12 Gauge Pump Action Shotgun HKlBenelli 12 Gauge Semi-Automatic Shotgun HK MP5/40 Sub Machine Gun Bushmaster A21 XM15E2S (.223 caliber) rifle HK G36E1 .223 Automatic Paramilitary Rifle ,'-' Q C~.~ C~ 0-- ~> ~ C"".:"I ~ ~1 c.: -T1 -, (j w .~~ - 0 - c. Ti .,:--''-.., r.- 0 -0 G"', ,-.-1 C.~) -r-' ~_..f <.; ::>"' 5> G) (.11 Smith & Wesson Model 276 Less Lethal Launcher Federal Labs 1.5 Caliber Gas Launcher Royal Arms (Arwen Ace) 37mm Gas/Less Lethal Launcher Remington Model 700 .308 Bolt Action Long Rifle Remington Model 700 .223 Bolt Action Long Rifle Marlin .22 Caliber Bolt Action Rifle SER-05.14 Chemical Weapons: JayCor Pepperball SA200 Launcher wI the following projectiles: Red (pepper) Purple (training) Clear (water) Green (marker) Glass shattering Defense Technologies MK-3, MK-9, MK-46 aerosol projectors (10% solution Oleoresin Capsicum) Defense Technologies #4 Continuous Discharge Pyrotechnic CS Grenade Defense Technologies #15 Stinger CS Grenade Defense Technologies #15 Stinger OC Grenade Defense Technologies T-16 Hand Toss CS Canister Defense Technologies T-16 Hand Toss OC Canister Following is a list of ammunition approved for use by members of the Iowa City Police Department. Handgun: Speer- Lawman.40 S&W 180 Grain TMJ (practice) Speer - Gold Dot .40 S&W 180 Grain GDHP (duty) r--<l 0 <::;) (:;;";) <- ~..... t: Q c: -. C-) ~ -n "~ -. \ j W ~ 0 , .1'] -0 0 ::.;: i.-~~ '_I ::-:,.. - :f; -. c.,o U1 Shotgun: Federal Classic Buckshot 12 ga" 2:y. , 9 pellet Federal Law Enforcement 12 ga" 2 :y. " 9 pellet Federal Classic Rifled Slug 12 gR, 2:y. " 1 oz slug Federal 12 ga" 2 :y. "#8 shot (phasing out) Remington Reduced Recoil 12 ga" 2:y. " 8 pellet 00 buck (phasing out) Rifle: SER-05.15 Federal .223 Rem 55 gr. BTHP Federal .223 Rem 69 gr. Sierra Matchking BTHP Gold Medal Federal .308 Win 165 gr. Tactical load eel .22 LR .22 callong rifle Hollow Point Mini Mag Winchester .22 LR .22 cal Long Rifle Hollow Point high velocity Remington .22 LR .22 cal Long Rifle Std. Velocity Solid bullet Chemical Munitions: Defense Technologies #40 T-14 37mm - oe Defense Technologies #40 T-14 37mm - es Defense Technologies #23 12g Shotgun - oe Defense Technologies #23 12g Shotgun - es o <;,.-, ~'-- '... .; :>=:1 "'-"', =1C;:~:: ---<.~-_.: C) 2~~ '.-" /"'- ? j;; "" r.:::> ~ c C") -. W CJ II -- f--- '-;1 :'--1 '~. / '---.- -0 w U1 PER-04.1 cj/l;.'~"\\\~ ~"\"'j..>itl;,~"il& /'. ,...v""">~'I'\.'~'S.. . "...... -'-' -'-';\",," /;~:;~ O~A__ CI)-J-1-~~." IrS"'- ~ --"~~' '\;,'),;./~_r ~I bA.,-//'"'''' '>0"___ I{\" 'IJ: ~ '.:'~ ~ \,,~t\' ~:..;~J.~~'/!;">\JZt'~ .~\ p <~e:~'Ji' ''It'--l:) L I C~(II' ~~~1~' ~:::-~;j..1:Y~ i),~L~~t~ ..~~.. TEMPORARY I LIGHl DUTY Date of Issue October 30, 2002 General Order Number 02-01 Effective Date October 26, 2006 Section Gode PER-04 Reevaluation Date OCTOBER 2009 I GAL.E.A. Amends / Gancels I Reference Q .:-:: ('- -' )>::. I r' r,o..,J ~l c;'-, ..-~., ~~ -n INDEX AS: Light Duty FMLA r. ~, " (..~' (:) r-- Temporary Light Duty Injury ~-~- -0 :::;-.;: --~ \.......-.j ":J r:? I. PURPOSE ~ g The purpose of this order is to establish the authority for granting temporary light-duty assignments and to establish procedures for granting temporary light duty to eligible officers and civilian personnel within the department. II. POLICY Temporary light-duty assignments, when available, are for officers anct other eligil1le personnel in the department who, because of injury or illness, are temporarily unable to perfbrm their regular assignments but are capable of performing alternative duty assignments. Use of temporary light duty can provide employees wM an opportunity to remain productive while convalescing as well as provide a work Gption f.or employees who may otherwise ri$K their health anct safety or the safe.ty of. ot.hers by remain.IAg on duly when physically or mentally unfit for their regular assiwnment. Therefore, it is the policy of the Iowa City Police Department that eligible personnel be given a reasonable opportunity to work in temporary light-duly assiwnments when available and c~msistent with this policy. PER-04.2 III. DEFINITIONS Eligible Personnel: For purposes of this policy, a sworn or civilian member, suffering from medically certified illness, injury, or condition, who is temporarily unable to perform their regular assignment but is capable of performing alternative assignments. Family Medical Leave Act (FMLA): Federal law providing for up to twelve (12) weeks of leave for eligible workers, for their own serious health condition or other situations as outlined in the law and the City's FMLA policy. "-' S IV. PROCEDURE (5 "-';0 :::::;: -~- ---,_.- --. ,,-r', C] (, ." A. GENERAL PROVISIONS ~--_:-- ,-.'- '--1\ ,~, c:> -'~fl f'- -["1 .----"1 <j 1. Temporary light-duty positions are limited in number, task, variety, arid;:, -~J availability. Therefore: ;~);:< ::: --/- ,..... a. personnel injured or otherwise disabled in the line of duty m~be gi~n preference in initial assignment to light duty; and C) b. assignments may be changed at any time, with concurrence of the treating physician, if deemed in the best interest of the employee or the agency. 2. This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, collective bargaining agreement, or other federal or state law. 3. Assignment to temporary light duty shall not affect an employee's pay classification, pay increases, promotions, retirement benefits or other employee benefits. 4. No specific position within the Department shall be established for the use as a temporary light-duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary light duty. 5. Light-duty assignments are strictly temporary and will not exceed 960 Hours. (Light duty may be provided for a total of 960 Hours ina one year period, with a year being defined as beginning on the first light duty day and ending 12 calendar months after the first light-duty day.) After 960 Hours, personnel on temporary light duty who are not capable of returning to their original duty assignment may: a. Pursue other options as provided by employment provisions under federal or state statute, or collective bargaining agreement. 6. Officers on temporary light duty are strictly prohibited from engaging in outside employment in which that officer may reasonably be expected to perform law enforcement functions which they have been determined physically or mentally unable to perform on behalf of the department. 7. Officers/employees who are medically prohibited from performing their regularly assigned duties may not engage in outside or "off-duty" employment until approved by the Chief of Police. Officers/employees shall provide the Chief of Police documentation from their allending physician stating that the outside / off-duty employment is medically permilled. 8. Depending upon the nature and extent of the injury or illness, an officer on temporary light duty may be prohibited or restricted from wearing departmental uniform, carrying a weapon or otherwise limited in employing police powers as determined by the Chief of Police so long as such limitations are consistent with C. PER-04.3 limitations are consistent with this policy. 9. Light-duty assignments shall not be made for disciplinary purposes. 10.0fficers/employees who incur a duty-related injury and refuse a temporary-light- duty assignment may be subject to loss of Chapter 411 or Worker's Compensation benefits. However, such officers/employees may be covered by FMLA provisions with respect to obtaining leave, whether paid or unpaid, per FMLA. B. TEMPORARY LIGHT-DUTY ASSIGNMENTS 1. Temporary light-duty assignments may be drawn from a range of technical and administrative areas that include but are not limited to the following: a. administrative functions (e.g. report review, special projects) b. clerical functions (e.g. filing) c. report taking (e.g. telephone reports) d. communications 2. Decisions on temporary light-duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's skills, knowledge and abilities; availability of light duty assignments; and the physical limitations imposed on the officer. a. When available, the work hours of a Light Duty assignment are subject to need and the availability of necessary equipment or work space. 3. Every effort shall be made to assign officers/employees to positions consistent with their rank and pay classification. However, where deemed appropriate, personnel may be assigned to positions designated for personnel of lower rank or pay classification. Officers/employees thus assigned shall: a. Retain the privileges of their rank but shall answer to the supervisory personnel of the unit to which they are assigned with regard to work responsibilities and performance; and -- g b. Retain the pay classification and related benefits of the pOSitio~d p'@r to their assignment to temporary light-duty. >. ::-! 5::'; -n ~-., w REQUESTS FOR AND ASSIGNMENT TO TEMPORARY LIGHT DUt.YJ ~:. '=' '" 1. Requests for temporary light-duty assignments shall be SUb~~p ta? the-'.: officer's / employee's immediate supervisor. Requests shall be ~bm~ied.j by a statement of medical certification to support a requested r.eassignment, which must be signed by the treating physician. The certificate must inch.id'e an assessment of the nature and probable duration of the injury or illness, prognosis for recovery, nature of work restrictions and an acknOWledgement by the. health-care provider of familiarity with the light-duty assignment and a statement that the employee can physically assume the duties involved. 2. The request for temporary light duty and the physician's statement shall be forwarded to the Office of Chief of Police. The Chief of Police or designee may consult with the City's Personnel Administrator and/or other City Department prior to making' a determination regarding the assignment to temporary light- duty. PER-04.4 a. The Department may require the employee to submit to an independent medical examination by a health provider of the Department's choosing. In the event the opinion of this second health care provider differs from the foregoing health provider, the employee may request a third opinion at the employer's expense. b. The employee and representative of the Department shall cooperate and act in good faith in selecting any third health"care provider, and both parties shall be bound by that medical decision. 3. Employees not eligible for FMLA leave, may be offered a temporary light duty assignment upon submission of a request from the officer's/employee's immediate supervisor or unit commander to the Chief of Police. 4. As a condition of assignment to temporary light-duty, officers may be required to submit to monthly physical assessments of their condition. WARNING This directive is for departmental use only and does not apply in any cl'iminal or civil proceeding. The departrtllint policy shoulGlnot be oanstmd as a oreation of a higher legal standard of safety or care il'l an evi~efltjary serrse with tl;!spect to third-party claims. Violations of this directive will anly. form the basis for d~pllutlilental administfE1tive sanctions. . 0 '" c:-. C"::;' ~- c.", ~~C) c' w JJ 0 r-._ -0 T) 0 _.~" r~-I _-'h. '_I ......,./ ~..:..- r:? sf a C> Iowa City Police Department Standard Operating Guideline SOG #: 01-16 Subject: RECORDS MAINTENANCE I SECURITY Section: SUPPO T SERVICES Com d'g ur~ Effective date: Se tember 18, 2006 Reference: RECORDS, CRIMINAL HISTORY, PUBLIC INFORMATION Issue #: 3 Original Issue: December 2001 Purpose: The purpose of this guide is to identify those procedures taken in conjunction with the Records function to ensure the security, reliability, integrity, and timeliness of records and documents in the control of the Iowa City Police Department. While the security of records is of paramount importance, the department recognizes that many records are public in nature and will avail to provide information to requesting parties in as expedient manner as possible. Definitions: o ~() 1>=:; '" = C~ ~ <0 ~ v Il Procedures: V;) 1. Officers may access central records during normal business hours.~ Whe~ . "' _.,~ circumstances dictate the need to access the central record rep~ aJn other than normal business hours, a watch supervisor may grant a~ss. ;;, w 11 '-' \...J 2. During non-business hours the records room shall be locked. Officers needing to access documents during these periods shall first access available information on the departments' in-house computer. If additional information is needed, the officer shall notify a watch supervisor of the need. The watch supervisor may grant access to the records section for the purpose of accessing the specific document. Officers shall not remove the original documents from the records room without express permission of a watch supervisor. 3. The release of departmental records shall be done as expeditiously as possible and shall conform with state requirements pertaining to the release of public information. The release of departmental records shall comply with federal and state laws pertaining to the release of information. a. The person handling the request for the information will make a determination if the information requested is public information. If so, the person shall release the information. If the information is not of a public nature the person handling the request shall advise the person that the requested information is not of a public nature and should advise the person of the statutory reason that the information is exempted from release. (I.e. the information requested is intelligence information and not subject to release) b. If the there is a question if the information is public information, the person handling the release shall advise the person that they will check with a supervisor to determine if the information may be released. The supervisor shall determine if the information may be released. If the information is not released, the person will be advised of the reason. c. If the supervisor is unable to determine if the information is public information, he/she shall forward the request to the City's legal department on the next business day. The Legal Department will make the determination as to if the information may be released. 4. All requests for criminal histories through NCIC shall be referred to the Iowa Department of Public Safety. Officers shall not release information contained in a Computerized Criminal History except to other criminal justice agencies. 5. The Iowa City Police Department shall abide by State Code requirements pertaining to the maintenance and release of records involving juveniles. a. Records pertaining information on juveniles shall have a code affixed indicating that the record contains information relating to a juvenile. ~ b. All photographs, fingerprints and other identifying infor@ltion ~ juveniles shall be collected, disseminated, retained and dis~@ of~ conjunction with applicable state code requirements. ;:, =: '" ~~')c"J ...0 The records section shall maintain the original "hard copy" of all recordsctjq\il t~ file is scanned to computer. After the scanning process is complete, hCl!!llbpie&; are destroyed. Authorized personnel of the Police Department shall ha~access to view computerized files. Access to computerized files is password pr~cted. ~ \l .~-- c- o >T1 'I '--' 1. Microfilm or electronically preserved records shall be maintained for a minimum period of 10 years. 2. The Iowa City Police Department will assign arrested persons an individual computerized file containing information on all arrests. The files shall be maintained alphanumerically by name and date of birth. Prior to entering arrest information in the file, records personnel shall compare identifying numbers, (I.e. SS or DL number) with any identifying or corresponding numbers in the file. The Records Supervisor is responsible for the submission of all applicable information to state and national databases. This includes submission to NIBRS and UCR system, and state records systems. Submission of records shall be in accordance with all applicable guidelines and requirements. On an annual basis a representative from the City of Iowa City technologies department shall conduct an "audit" of the departments record system for all passwords and access codes. He/she shall report any errors or access violations to the system, to the Commander of Administrative Services. Passwords will be changed on a regularly scheduled basis. On an annual basis, the Commanding Officer Administrative Services shall cause an audit of all passwords, access codes etc. to be performed in relation to the central records system. Any access violations shall be recorded and procedures developed to minimize the likelihood of the problem reoccurring. Department personnel are prohibited from downloading, installing, manipulating or altering software on departmental computers and mobile systems. All "outside" software shall be approved and installed by a member of the City's technology department after being checked for "viruses" or other problems/conflicts. All information entered on to the departments in-house computer system shall be "backed-up" on a daily basis. "Backup" tapes/discs will be secured at an off-site location. ,..., 0 c-.;) r;:;;;:;'> cr> ::2:0 (/J ;-c> cr~ 11 - -0 - , :~-) ,-,,- o.D - . T1 ~ ""--0 ~ ',.-1 C) Cf) ::2: )> 0 w Iowa City Pollee Department Standard Operating Guideline 80G#: 01.19 Subject: COMPUTER SEIZURE PROCEDURES Section: INVESTIGATIONS Com nd' ture: Effective date: Se tember 19, 2006 Reference: COMPUTERS, INVESTIGATIONS Issue #: 2 Original Issue: Decefnber12,2001 Purpose: The purpose of this guide is to identify those procedures to be used in the seizure of computers, computer related equipment and software. Definitions: For ttie purpose of this order, seizure includes the shutting down of computer equipment and software. Procedures: Do to the rapidly changing technologies, it is not practical to expect that all officers will be familiar with those steps necessary to maintain the integrity of computer equipment and related programs. If an officer determines that computer related equipment needs to be seized, the officer will determine if they possess those skills necessary to seize the equipment as consistent with the ' attached guideline. If the seizure of the eauioment is bevond the skills or knowledae of the officer. he I she should contact a watch suoervisor. The supervisor will determine if the equipment in question should be seized. If it is determined that the equipment is to be seized, the Commander of the Investigative Section should be contacted. He/she will assign an officer trained in the seizure of computer equipment to assist in the seizure. Initial Response When arriving at the scene of a computer equipment seizure all persons should be removed from the area of the computer equipment. Photograph the following: 1. Immediate area where computer is located showing location of ~pher@E devices, notes, books or other computer related items. :'?: C) ~; 2. Computer screen as you found it. -'> :=j g =:--'< N -~ , , , I Collecting Digital Evidence-.. h> "'" The first thing that must be done when assessing the scene of a :9>ffiputsr seizure is to determine the status of the computer(s) involved: ~,/::- ---j ,_ .J -, II i ,-' \..J 1. Is the computer operating? No - Go to the Preserving Digital Evidence section that follows this section. Yes - Go to step 2. 2. Is a screen saver operating? No - Go to step 4. Yes - Go to step 3. 3. Attempt to deactivate the screen saver by moving the mouse or pressing one of the arrow keys on the keyboard. DO NOT PRESS ANY OTHER KEYS. Did this deactivate the screen saver? No - Photograph the back of the computer case shoWing where the power cord is inserted into the computer case; Pull the AC power from the computer by pulling the power connector at the BACK of the machine (not from the power outlet in the wall). Then go to the Preserving Digital EvidenCe section that foilows this section. Yes - Go to step 4. 4. Do not attempt a preliminary examination of the computer for evidence by searching for or looking at any files. Examine the computer for destructive activity. Are files being deleted, a drive being formatted, or partitions being adjusted? No - Go to step 5. Yes - Photograph the back of the computer case showing where the power Cord is inserted into the computer case; Pull the AC power from the computer by pulling the power connector at the BACK of the machine (not from the power outlet in the wall). Then go to the Preserving Digital Evidence section that follows this section. 5. Examine the computer for network activity. Are files being transferr~" via modem or network? 0 2 ",'- c-. ~>C1 ~~~ ~ No - Disconnect any modem and network cables then go to st~ 7;' . ;; -Ie .-<:, r-" IT :b il Yes - Record the file name(s) then go to step 6. C):=;:~ .-/-..... ;;:: ..J> i i ---, <,j 6. Do you know what the files are? No - Disconnect modem and network cables then go to step 7 Yes - Decide whether to allow the file transfer to continue. Stop the transfer immediately, or upon completion, disconnect modem and network cables then. Then go to step 7. 7. Examine the computer for running applications such as Word, Access, etc. Be sure to look at the task bar for minimized programs. Are any applications running? No - Go to Shutdown Procedures. Yes - Do the following, then go to the Shutdown Procedures section. . Identify application(s) . Record any data (Access database, Word document, etc) present by photographing each application screen and making detailed notes (including any file name found). Shutdown Procedures If the first photograph of the screen was of the screen saver, photograph the screen, then continue. 1. Do you know what operating system the computer is using? No - Go to step 2. Yes - Follow the directions for the operating system if located below; otherwise contact someone authorized by the Department to assist in computer related evidence questions. o :;:;:0 J;.c>------l C) =::-IC-, .,:-< i'~"~ r-n C)=:'.:::~ <;:./'"'. )> '" C::;) =;'l C'-' t'/) C"'! Cl N 'Il 2. Does the screen look like: :r- ::lI: ~] , ! I (.--'. \'..../ No - Go to step 3. Yes - To further determine the system, while pressing the AL T key, press the ENTER key, if the screen does not change, it is a DOS operating system. Photograph the back of the computer case showing where the power cord is inserted into the computer case; Pull the AC power plug from the BACK of the computer (not from the power outlet in the wall). Then go to the Preserving Digital Evidence section that follows this section. 3. Does the screen look like: file options Window Help 1m] M" m -- m - m SOdJ. m m ~.I~Z4l T"" rml liW SNpShoI:3 No - Go to step 4. Yes - It is a Windows 3.x operating system. Photograph the back of the computer case showing where the power cord is inserted into the computer case; Pull the AC power plug from the BACK of the computer (not from the power outlet in the wall). Then go to the Prese~g Digital Evidence section that follows this section.. Q ~ ~=Q \-q -'... ~_; -c 4. Does the screen look like: :~) :-~\c - \! ~ n2J 4/'- :J; \l N .,- .- - -n 'J '- - - ---iiif.l ,r~ Progrilm l..hn.l1Cr Admiolqratnr ~~J:I file Qption. Window tlclp rm! I:ij{ lmJ luti lml ~ iji .~ . l.bin Acceswries - G""'ft Stalh.fl N...ool. AWic:atiom: Adminisb'&ion . Program Manager like Windows 3.x . Note Icons have computers or people added Q :::::C) -:t;.. :::\ r--"; = ,~::.'? o~ (~~ -.:,~ C/O r-n -v N 'il No - Go to step 5. - , '--; ';:.--:: Yes - This is a Windows NT 3.51 operating system. Photo~~ ~h tEre back of the computer case showing where the power cord iiilSerted into the computer case; Pull the AC power plug from the SA of the computer (not from the power outlet in the wall). Then go to the Preserving Digital Evidence section that follows this section. !1 .---1, '.....1 5. Does the screen look like: . Start button has Windows symbol No - Go to step 6. Ves - This is a Windows 95/98, NT 4.0 or Windows 2000 operating system. Photograph the back of the computer case showing where the power cord is inserted into the computer case; Pull the AC power plug from the BACK of the computer (not from the power outlet in the wall). Then go to the Preserving Digital Evidence section that follows this section. 6. Does the screen look like: r-> = q l":'::) C>' :2:Q if) 1'1 -II J':;..o__.\ -0 j .- r~, ~ N , '- ~. jD rn : 'fn "'" (~ -:JJ ::t: ~_J 0- - :2:'" ., J>' - . A Windows-like operating environment . Start button with UNIXILinux version symbol (Penguin) No - Go to step 7. Yes - This is a version of UNIX or Linux. Care must be taken so the operating system file structure is not damaged. Follow the following steps to shut the system down: . Photograph the back of the computer case showing where the power cord is inserted into the computer case . Press the following buttons at the same time, CONTROL-ALT- BACKSPACE to halt XWindows . A screen that looks much like DOS with the Linux command prompt will appear. Type "INIT 0" (Zero and no quotes) and press enter. You should see activity on the screen. When the activity is complete, photograph the screen a final time and pull the AC power plug from the back of the computer (not from the power outlet in the wall) · If the computer won't shut down, pull the AC power plug from the back of the computer (not from the power outlet in the wall). · Go to the Preserving Digital Evidence section that follows this section. Does the screen look like: . Note the Apple symbol somewhere on the desktop %0 '"1'::---: /"' -.- / ....., = ,-;;:;:, ~ '.n !2~l y 11 .-, N No Contact someone authorized by the Department to~~t in computer related evidence questions. '..: CT.: ~ 0"'1.< - ~/"' - Yes - This is an Apple (Mac) computer. Photograph the ba~f the:.:. computer case showing where the power cord is inserted into the- computer case; Pull the AC power plug at the BACK of the computer (not from the power outlet in the wall). Then go to the Preserving Digital Evidence section that follows this section. .Il '.--', ',-J Preserving Digital Evidence 1. Once the computer system has been shutdown, the evidence needs to be collected. To protect the validity of the data, it must be preserved from tampering or alteration and a chain of custody started. 2. Take general photographs of all equipment showing its location 3. Take detailed photographs of all equipment that show serial numbers and where cables and cords are plugged into each device. 4. Label the ends of each cable and the socket it was plugged into. This can be as simple as labeling the cord and corresponding socket with the letter "A" so the investigator can ensure the computer can be reassembled in the lab exactly as it was found when seized. 5. Unplug all equipment where the power cord is connected to the device. If this is not possible, follow the cord and unplug it from the first power connection. DO NOT TURN THE EQUIPMENT OFF USING A POWER SWITCH. 6. Seize all computer media and other devices capable of storing data in an electronic format which can include, but is not limited to: cell phones, floppy disks, CO-ROMiCO-R1CO-RW disks, data tapes, memory sticks, Zip disks, Jaz disks, PCMCIA cards or any other removable media or fixed media. 7. Perform a detailed search for any hidden items related to the computer 8. Seize all computer related documentation which can include but is not limited to: computer manuals, software manuals, documentation printed using a printer or hand written notes. Officers should pay careful attention to recognize anything showing e-mail addresses, web site address, passwords or instructions for the computer or software. 9. Place evidence tape over the power connector on the back of the computer and a seam where the removable portion of the case meets the frame. 10. Pack all equipment as necessary to provide safe transportation from the scene to evidence. Do not use Styrofoam peanuts as a packing material to transport evidence as they break up and become lodged in openings in the computer, including disk drive openings. Do not pack disks, computers or other storage media in sealed plastic containers. 11.lf more than one system is seized keep the equipment separated and create a log detailing which equipment is related to each computer. 12. Do not transport equipment in the trunk next to radio units or other electronic devices 13. Once the evidence is seized, the investigating officer should contact a person familiar with the type of equipment seized, prior to setting up and beginning the search of the seized equipment. Q ~g, "" C, c:.) "" (.F f'i 'v Tl N .< """ ~ , on -. ~...~j '-j """ :,"':> j> N ell r:f\ , ;' , I , ; '.___ _1,.3 Iowa City Police Department Inne ';,:p 2 CJ f"" 3' 5 I ........,J '-'._ It. Standard Operating Guideline SOG#: 01-22 Subject: SPECIAL ASSIGNMENTS / TRAINING Section: Effective date: Se tember 21, 2006 Reference: TRAINING, SPECIAL ASSIGNMENTS (~<T\/ i:! :__:.,";v vi. ,.._... ,h I; 'Nl~ ("T\I 1(1\ ,'--~' ~. Issue #: 3 Original Issue: 12/14/2001 Purpose: The purpose of this guideline is to identify the positions, purpose, criteria and evaluation of specialized assignments within the department. Additionally it is intended to guide and direct the staffing of these positions. Definitions: Specialized Assignments - Those assignments requiring specialized training or equipment. Additionally it includes temporary assignments in excess of two months in duration. Procedures: The Iowa City Police Department recognizes the following positions as specialized assignments. Special Response Team - In order to deal with special tactical situations beyond the normal capabilities of the patrol section, the Iowa City Police Department has created a Special Response Team (SRT). As these situations may arise at any time the SRT shall remain as an ongoing specialized assignment. The selection of SRT members will be directed by and in conformance with the guidelines presented in the SRT manual. These positions are of indefinite duration and status maintained in conformance with the guidelines identified in the SRT manual. Hostage Negotiator - In order to deal with persons in crisis and in an effort to decrease the need for tactical interventions, the SRT shall have Hostage/Crisis Negotiators available to respond to hostage, barricaded subject, and other persons in crisis calls. As these situations may arise at any time, Hostage Negotiators will remain as an ongoing specialized assignment. Selection of Hostage Negotiators shall be based on the following criteria: 1. Recommendation by SRT supervisors; 2. Recommendation by SRT commander; 3. Completion of psychological evaluation as directed for the selection of SRT members; 4. Negotiators shall possess and have exhibited exemplary verbal and written communications skills. Street Crimes Action Team (SCAT) - SCAT members are sworn officers directed to work in conjunction with the departments' Gang and Narcotics officer(s). These officers will be selected upon the recommendation of a supervisor, review of the officers work history and evaluations, and interview with the Evening Patrol Watch Supervisors who are responsible for the supervision and direction of SCAT members. . SCAT members are assigned specific hours but must be willing to work alternate hours as dictated by specific events. On an annual basis the Commander of Field Operations shall review the types of incidents investigated / handled by SCAT members, and determine the need for continuation of the team. Canine Officer - The canine officer is a sworn officer with a permanently assigned vehicle. He/she will be selected based on criteria listed in the Canine order and an interview with the Chief of Police and/or the Chief's designees. The canine officer will normally begin training upon delivery and acceptance of a police canine. Officers applying for the canine position should be willing to commit to a minimum assignment of 7 years. The Commander of Field Operations or designee shall post all specialized assignments. The posting should include information relating to desired qualifications, hours, and notice of any special circumstances (I.e. willingness to flex hours depending on workload). This posting shall be directed to all sworn personnel. Temporary Rotating Assignments - The Iowa City Police Department designates one temporary rotating position in the Investigations Section. This position is designed to allow officers to enhance their investigative skills and to assist officers in determining if they have an interest in a long-term assignment to the investigative section. In addition it will allow the Investigative Supervisor to identify those with the knowledge, skills and abilities necessary to a long-term appointment to the investigative section. The temporary assignment will be for one calendar year. The Inve~ative2 Supervisor shall post announcement of the temporary position no la@fctharr; November 15th of the current calendar year with the' position begi~'6inO in:;; January of the following year. The posting shall be open to all sworn p~O'lnel~ The Investigative Supervisor shall select the person to fill the temporary~tion based in part on: -, c' :!2 1. Schools / training of the applicant. ~ ';C:: w 2. Past investigatory experience. ,.J> (.n --r-t I J TI --, ,,-....., 3. Recommendation of the applicants supervisors. 4. Interview with the applicant. Officers will be given the opportunity to request a watch assignment on an annual basis. Specialized assignments will be regularly reviewed at the direction of the Chief of Police. This review shall include the identification of the problem/reason for the initial creation of the assignment and an evaluation of the effectiveness and efficiency of the assignment. The review may include recommendations as to the continuation of the assignment. SPECIALIZED TRAINING Purpose: The purpose of this guide is to identify those positions and functions which require specialized or enhanced skills beyond those received at the basic academy. Definitions: Pre - training required prior to performance of the duty or to assignment Post - training required after duty assignment _ In-Service - training required after assignment and required for continu~ . ~o assignment.. j;: __) "" ';:"-::;1 = "" (/') l~q ---0 "--' cJ1 -----n (J. ~c~' -.,', - ... [Tl -n O~:-:-"-., -'"- __7 w Procedures: ~ ~ Responsibility for the management, administration, policies and suppor?services- for the functions requiring specialized training are the responsibility of the Commanding Officer of the Division having command over the function. The following assignments or tasks require speCialized or advance training. Specialized or advanced training will be provided by departmental or non- departmental sources "certified" to train in the particular field or area. ----,-, '. i I ,..--, ',_J 1. Canine Officer Post (I.e. K-9 Certification and Re-Certification, Narcotics, Search & Seizure) 2. SRT Post (I.e. Tac-Team Certification, Sniper, Negotiations, Tactical Training) 3. Crime Prevention Post (I.e. Crime Prevention Officer Certification and Re-Certification) 4. Crime Scene Tech Post (I.e. Photography, Latent Fingerprint Development, Evidence Collection and Preservation, DNA Collection and Preservation, Recovery of Impression Evidence, Blood Spatter Recognition, Crime Scene Preservation) 5. LASER Pre (I.e. Laser Instructor Certification and Re-certification) 6. DARE Post (I.e. DARE Officer Certification and Re-Certification) 7. FTO Post (I.e. FTO Certification) 8. Accident Invest. Pre (I.e. Basic Accident Investigation) 0 9. Advanced Accident Invest Post '<;;:0 ~, (I.e. At Scene, Technical Accident, Vehicle Dynamics, Accident)7:.< ;::::, Reconstruction)g, " (}1 10. Bike Officer Post 0-::' ~."" :g (I.e. Bike Officer Certification) g~;~ :, 11. Arson Invest. Post :z. ~ (I.e. Arson Investigator Certification, Search & Seizure) ):>' 12. Narcotics Officer Post (I.e. Search & Seizure, Drug Recognition, Clandestine Lab Certification) 13. Range Officer Post (I.e. Range Instructor Certification and Re-Certification) 14. Fitness Inst. Post (I.e. Fitness Instructor Certification and Re-Certification) 15. Defensive Tactics Inst. Post (I.e. Defensive Tactics Instructor Certification and Re-Certification) 16. Baton Inst. Post (I.e. Baton Instructor Certification and Re-Certification) 17. Less Lethallnst. Post (I.e. Less Lethal Instructor Certification and Re-Certification) 18. Hazardous Device Post (I.e. Bomb Tech Certification and Re-Certification, Search & Seizure) 19. Chemical Munitions Post (I.e. Chemical Instructor Certification and Re-Certification) ,-, :-~ = 0' 'll .- ,,- Il ~;"-\, \,,"; - It .is necessary for employees in each of the above positions to receive specialized in-service training in order to develop and enhance the skills of employees assigned to the function. Without specialized training these employees would not be able to adequately perform their assignment. In addition to the initial training, the above positions may require subsequent in- service training to maintain the proficiency necessary to perform the task. SRT members shall receive in-service training as mandated in the SRT manual. Other positions requiring in-service training for maintenance of certifications will be provided as necessary. Non-Sworn Personnel 1. ECO Post 2. Records Clerk Post 3. CSO Post 4. Animal Shelter Post The new employee's supervisor is responsible for directing the employee to the training necessary to bring the employee to an acceptable level of performance. The supervisor may utilize departmental or non-departmental resources in order to ensure the person is adequately trained. Continued in-service training will be determined by the supervisor directly responsible for the function, but at a minimum will include in-service training required to maintain any required certifications necessary for continued employment. '" 0 = = S =- ,,-0 C/) 3.>=:-; i.., - . u il ~ '. '- ) N , U1 ! . . " m fT' ~ ' " ."'---, 0=",' ~ :\.........! .<:-..." w ~ U1 FI' ,"'-., r"'-! ) lOW A CITY POLICE DEPARTMENT ,1_.' ' . USE OF FORCE REPORT ~,EP 28 ~ :'.l 9: 47 ;~I"I August 2006 (',~ " '-',; OFFICER DATE INC# INCIDENT FORCE 1lX.SU iC)\l/'~ 13 083106 43223 Sick Raccoon Officer used sidearm to dispatch a sick raccoon. 44 083006 43011 Fight in Progress Officer responded to a report of a fight in progress involving weapons. Suspect resisted being searched for weapons. Officer used control techniques to complete the search. 13 082706 42362 Arrest Warrant Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 19 082706 42362 Out with Subject Subject was placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 31 082706 42265 Armed Subject Officer drew sidearm when confronting a subject that was reported to be armed with a handgun. The subject was taken into custody without incident. 09 082706 42258 Attempt to Locate Subject was placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 18,58,09 082706 42233 Theft Subject attempted to assault an Officer after being placed under arrest. Officer used active counter measures and exposed the subject to a chemical irritant to deter the assault and effect the arrest. 38 082606 38 Suicide Attempt Officer used control techniques to take a subject into custody who was attempting to harm themselves. 35,47 082506 41976 PAULA Subject attempted to run from Officers on foot. Officers used control techniques to prevent the subject from running and take them into custody. _,,_,_~,_,~.,_.___~~__._______..__..__~__,____~__~_'_'__.~.__.._"___'_'_ _~____...M_'~__.____~.,.____.____.'_"___'_.'_'__'__'__~_,_. 52 082106 40964 Public Intoxication Subject assaulted an Officer. Officer used control techniques to prevent further assaults. 59,60,31,58 082006 40548 Disturbance Subject was placed under arrest and resisted handcuffmg efforts. Officer used control techniques and exposed the subject to a chemical irritant to place the subject in handcuffs. 19 081906 40438 Out with Subject Subject was placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 19 081806 40111/40117 Warrant Service Subject was attempting to destroy evidence. Officer used control techniques to prevent this. 95 081706 39818 Disorderly Conduct Officer used control techniques to take a subject into custody who had just been involved in a physical altercation and was attempting to leave. 95,81 081706 39818 Disorderly Conduct Officer used control techniques to apprehend a subject who had just assaulted another and place them in handcuffs. 55,59 081206 45825 Traffic Stop Subject was placed under arrest and handcuffed but refused to sit in a squad car to be transported. Officers used control techniques to escort the subject in the car but were assaulted. Officers then used active countermeasures and control techniques to escort the subject into the car. 30 081006 38734 Traffic Stop Subject refused to yield to an emergency vehicle when being stopped for a speeding violation. Officer followed subject and arrested them without incident when they pulled over. 27 080406 37604 Intoxicated Driver Subject was placed under arrest and handcuffed. Subject refused to sit in a squad car to be transported. Officer . used control techniques to escort the \i:\\O" subject into the car. \; . \ \ ':'"1 ..--<.'" , .. n? c)J L'" '.IJ \)'-' " \V::'i "' \ -~.... ~,~ 58 56 080406 080106 37604 37127 Intoxicated Driver Assault Investigation Subject was placed under arrest and handcuffed. Subject refused to walk to squad car and into the Police Station. Officers used control techniques to escort the subj eet when needed. Subject was placed under arrest and resisted handcuffmg efforts. Officer used control techniques to place the subject in handcuffs. 6 _. ";;:::.. (;"}" "1"7.,,-- " (.r: ,"i\ ~"O r-) cP ~..-, ':~~ y ~. ~\\ -,::;;:' "n ".---' I '~-,.-" '-P. .- -.:... Watch Pass Along Information Marian Karr From: Doug Hart Friday, October 27, 2006 9:09 AM Bill Campbell; Brian Krei; christoph.trappe@gazettecommunications.com; Dan Sellers; Doug Hart; Jim Steffen; Kevin Heick; Kevin Hurd; Marian Karr; Matt Johnson; Mike Brotherton; Mike Lord; Rick Wyss; Sid Jackson; Steve Atkins; Tom Widmer; Troy Kelsay; Vicki Laila Subject: Use of Force-9/06 Sent: To: o ::j~C) ~::-? c::=) ~.~ IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT September 2006 C7) C'-) -I W o 11 OFFICER DATE INC# INCIDENT 57 093006 49916 Intoxicated Subject 84 093006 49701 Fight in Progress II 092806 49307 Committal 35,51,32,3,12 092406 48497 Domestic 36,11,25 092306 48278 Fight in Progress II 092006 47820 Animal Complaint 22,19 092006 47813 Domestic 18,03 091706 47120 Intoxicated Subject 35 091606 46560 PAULA 10/30/2006 / ~, "T1 -~'7 ......,) ~:: r"] FORCE USED;::;: j> <=> Subject was placed under arre~d resisted handcuffmg efforts. Officer used control techniques to place the subject in handcuffs and escort them to a vehicle to be transported. Officer used control techniques to prevent a subject from assaulting another. Officer placed a subject in handcuffs that was having emotional problems and becoming physically aggressive. Officers displayed sidearms and long weapons when responding to a domestic disturbance where a subject was reported to be armed with a handgun. Subject was taken into custody without incident. Officers used control techniques to separate and handcuff subjects that were fighting. Officer later used an impact weapon when being assaulted. Officer used sidearm to dispatch a sick opossmn. Subject had been placed under arrest and put in handcuffs. Subject then resisted being escorted to a squad car. Officers used control techniques to escort the subject. Subject assaulted an Officer. Officers used control techniques to place the subject in handcuffs. Subject attempted to run from Officer. Officer used control techniques to prevent the subject from running and place them in handcuffs. --~_..~-~--_._~--_.~_._--_.._-_._..._-.---_._----_.._-,.._-_._-_._----_._._--_._--~-_._---- Watch Pass Along Information OFFICER DATE INC# INCIDENT FORCE USED 41 091606 46996 Loud Party Subject attempted to run from Officer. Officer used control techniques to prevent the subject from running but was unsuccessful. 58,35 091506 46560 Intoxicated Subject Subject attempted to run from Officers. Officers used control techniques to prevent the subject from running and place them in handcuffs. 47 091506 46474 Bar Check Officer stopped subject for a violation. Subject attempted to run. Officer used control techniques to prevent the subject from running and place them in handcuffs. 19 091306 45996 Traffic Stop Officer placed subject in handcuffs when drug paraphernalia was found on their person. 51,25 091306 45856 Disturbance Call Subject had been placed under arrest and was in handcuffs. Subject then refused to enter a squad car and to be transported and assaulted Officers. Officers used control techniques to escort the subject into the squad car. 56,06 091206 45822 Traffic Stop Subject was told that they were under arrest. Subject resisted handcuffing efforts. Officers used control techniques and exposed the subject to a chemical irritant to place them in handcuffs. 93 090906 45178 Car Burglary Officer attempted to stop a subject suspected of being involved in car burglaries. Subject attempted to flee from Officer on a bike. Officer used control techniques to prevent the subject from fleeing and place them in handcuffs. 81,32,95 090906 45166 Violation No Contact Subject was placed under arrest and Order resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. o '-> ~i~ -_11 G-> o " r' 2'~ -~. '..J )> o -.J 10/30/2006 __..___._._"" ..._.,___~____,.______.__'_'___'__.__. ____.._m.._..... Watch Pass Along Information ;,Vf'~"- <\\\\ , ~.~:~;~., - 'iy, ':'W;/",- - ,.\ .~ ~A"jM~l~~\i~' "~'-e/ A ci-c~' l,~ O\I'J"- - rJ- ..~\\\ 1%,,1: ~_~-,_,_ '::~"~:)J i' ~;I I!II, .J 'jr," " .\:-__ jk' ~i2~;/_;,~ l"~ '\,'Y:iWf. I",,,,, _<>1).),,~ JJII '{~"Q~E:74i /~~-'~-----~~' ~ 'j~--l'\ .ro;-~";~."1. ~ntl DEPARTMENT MEMO 06-50 o ~~:C) '-",,--.- '.:::' (.... TO: Chief Hargadine II FROM: Captain Widmer ;r-,.., -,,-, ; I' , , \'j ~.".-' REF: July-August Use of Force Review j;: 0') N o DATE: October 11, 2006 The "Use of Force Review Committee" met on October 10,2006. It was composed of Captain Widmer, Sgt. Lord and Sgt. Hart. The review of submitted reports for July (19 incidents-24 reports) and August (20 incidents-28 reports) revealed no policy or training concerns. Of the 39 incidents, 1 was for the destruction of an animal and 5 were for a drawn sidearm (building search or felony stop). Two reports are being returned to the respective supervisor for correction. One report is for a identifying an injury to a suspect, but failing to document how/when that injury occurred. The second returned report is for an inadequate description of the actual use of force used. As a matter of policy clarification, when an officer is injured and more than one officer was involved in the use of force (each doing a use of force report), only the injured officer checks that they were injured. The non injured officer may note the other officers injury in the narrative, but the check-off relates to the individual officer filing the report. Also, after an exposure to OC, the general order states, "Officers shall offer medical treatment at a hospital to any non-combative person who has been exposed to ... OC". Remember you do not have to automatically take all OC exposures for medical treatment, and if they are combative, it is solely at the officer's discretion. In an attempt to better document use of force incidents, the review committee will be recommending that a check-ffbox be placed in the injury section of the report to indicate if photographs (ofthe injury) were taken. Copy: City Manager, PCRB, Watch Connnanders, Review Committee f/ ~ ,,., , ...'~.~ ''.~:A ",. -, ,I' II;' '~ "'1\1 ~,";_ _, '..:l. ,,::'il{, '~{\"-p 8 l~-I c r /~?' 'x. "~"j 1>-: ;'('t ell ce., ~ "(.,.-;;' ~"~. MEMORANDUM TO: FROM: RE: DATE: File Captain Johnson, Field Operations t;' Quarterly/Summary Report (Quarter 3)-IAIRlPCRB, 2006 October 4, 2006 Attached you will find the 2006 Quarterly Report, quarter 3, for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine c." 0 C::) ~ <--- '.~" ~:::::: c--:' 0 ;-.-'" C) -i -n r .c- :t::r" II -';,,.. "----"1 ,.--.", \..--1 ,~ <"" en ~~ j; e- N Year: 2006 IAIRlPCRB Quartertv-Summary Report- (Quarter 3) I.A.I. #:06-01 PCRB #: none Incident Date:02-04-08 Incident Time: 8:10AM Location: Washinaton/Cllnton Date Assigned: 02-O7..()6 Reason for Allegation: 1) Differential treatment Disposition: 1) Unfounded I.A.I. #:08-02 PCRB #: 08-01 Incident Date:01-o&..()6 Incident Time: 2:05AM Location: 10 Blk. N. Riverside Dr Date Assigned: 02-07-08 Reason for Allegation: 1) Improper Search Disposition: 1) Exonerated I.A.!. #:08-03 Incident Date:01-15-o& Location: 601 . 8 West Reason for Allegation: 1) Differential treatment 2) Improper Conduct Disposition: 1) Unfounded 2 Unfounded PCRB #: 06-02 Incident Time: 1:50PM Date Assi ned: 03-0&-08 I.A.I. #:08-04 PCRB #: none Incident Date: 03-15-0& Incident Time: 11:05AM Locatlon:Hwy~roadwaY Date Assigned: 03-17-0& Reason for Allegation: 1) Improper demeanor 2) Differential treatment Disposition: "" 1 )-Exonerated 0 G'~.1 ';"',:,',") 2)-Exonerated ~~CJ =' = ." - -, Il I .I'"" ~ :::;.;: .Tl Q ~ ,--,: "'-._/ co .:;- N I.A.I. #:06-05 PCRB #: none Incident Date: 05-27-06 Incident Time: 10:00PM Location: Johnson COunty. Date Assigned: 05-30.06 Reason for Allegation: 1) Improper conduct Disposition: Sustained I.A.I. #:06-06 PCRB #: 06-03 Incident Date: 07-31.06 Incident Time: 12:34AM Location: Creighton St Date Assianed: 08-02.06 Reason for Allegation: 1) Improper conduct Disposition: Pending I.A.I. #:06-07 PCRB #: none Incident Date: 08-27-06 Incident Time: 3:16AM Location: 300 Blk. Scott Ct Date Assigned: 08-30-06 Reason for Allegation: 1) Excessive force Disposition: Pending I.A.I. #:06-08 PCRB #: none Incident Date: OS-1S-06 Incident Time: 11 :05PM Location:ISOIN. Doda8 Date Assianed: 09-06-06 Reason for Allegation: 1) Differential treatment 2) Improper search Disposition: 1) Unfounded 2) Unfounded I.A.I. #:06-09 Incident Date: 07-10-06 Location: 200 E. Bloomin Reason for Allegation: 1) Improper action Disposition: Pending n5t PCRB #:06-04 Incident Time: 4:00PM Date Assi ned: 09.18-06 :",-..:; o <-;,--.. :~ ':=....:. j.> .."",'; ,::;:::) C::7) CO' C'J (--:~ -,1 Tl \. I ..,.. .' ?-~ ,Tl , . o~/ -/'. co ~ .~ '_.J N I.A.!. #:06-10 PCRB #:none Incident Date: 09-09-06 Incident Time: 11PM Location: 400 blk E. Washington Date Assigned: 09.19-06 Reason for Allegation: 1) Violation of Departmental Rules Disposition: Sustained ",,' 0 e:~J c,-' 0' -s;: CJ :",::;;. co Il -l I .::- :'i;".:.a Tl '-' <..J 0) .- N November 14,2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06-03 Filed: Chiefs Report due (90days): Chief's Report filed: PCRB Report due (45days): PCRB Complaint #06-04 Filed: Chiefs Report due (90days): Chief's Report filed: PCRB Report due (45days): PCRB Complaint #06-05 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): 08/04/06 11/02/06 10/19/06 12/04/06 09/15/06 12/14/06 11/03/06 02/01/06 Date 9/18/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS September 2006 Description Woman called and requested complaint form be mailed. ~"~~-_._--"-_._.-~._,.._- POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS October 2006 Date DescriDtion None. ~---~~._---~--"------_._._-------~-----_._-_..-..__._-",..-..- ICGov.Org Email Release Page I of2 Marian Karr From: web@icgov.org Sent: Tuesday, November 07, 2006 7:51 AM To: Marian Karr Subject: ICGov.org Media Release: Police & Fire News from The City of Iowa City Title: 10TH ANNUAL CITIZEN'S POLICE ACADEMY Release Date: Tuesday, November 07,2006 Release Time: 7:49:00 AM Originating Department: Police Contact Person: Sgt. Mike Lord Contact Number: (319) 356-5286 Applications to attend the "Citizen's Police Academy" are now being accepted through 5:00 PM Friday, January 5, 2007. Class size is limited so early registration is encouraged. Application forms are available at the Iowa City Police Department, Coralville Police Department, Johnson County Sheriff's Department, and the University of Iowa Police Department, during normal business hours. The "Citizen's Police Academy" (CPA) meets once a week for 13 weeks, beginning January 17, 2007, from 6:30 PM to 9:30 PM. Each week covers a different topic and is meant to promote a better relationship between law enforcement and the community it serves. The CPA is sponsored jointly by the four area law enforcement agencies. Meetings will take place at the Iowa City Water Treatment Plant Conference Facility located on North Dubuque Street. Training includes department tours and ride-alongs, defensive tactics, evidence collection, drug investigation, and many other areas of enforcement and operations. For more information, contact: Sgt. Mike Lord - Iowa City Police Dept. 356-5286 Officer Meleah Droll - Coralville Police Dept. 248-1800 Lt. Gary Kramer - Johnson County Sheriff's Dept. 356-6020 Officer Brad Allison - University of Iowa Police Department 335-5043 To subscribe and unsubscribe from ICGov emaH releases click here: http://www .Ieg oy.o rg!subseribe. asp Click here. to 00 to the Citv Jobs oage Do not reply directly to this e-mail. It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using the form at: htto: / /www.icaov.org/servicece(lter/feedback.aso. For technical questions regarding the website, please contact us by using the form at: http://www.legQv.Qrg/seIYieeeenter!webmilsteI-ilsP, 11/7/2006 .~----_..-_._-"-~-,_.".~-~----_.._.-