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HomeMy WebLinkAbout10-12-1999 ICPD General Orders OPS~03.1 '1 us o. I I FORCE Date of Issue General Order Number April 16, 1999 99-05 Effective Date J Section Code Apri 21, 1999 I OPS-03 Reevaluation Date Amends / April 2000 95-03 C.A.L.E.A. Reference 1.3.1 - 1.3.8, 1.3.13 INDEX A S: Use of Force Reporting Use of Force Model Canine Arrests Waming Shots I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non-deadly force. I1. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to effectively bring an incident under control, while protecting the lives of the officers and others. OPS-03.2 III,DEFINITIONS Definition - Deadly force (Section 704.2, Code of Iowa) for the purpose Of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a'firearm, at a vehicle in which a person is known to be. Definition - Serious injury (Section 702.18 Code of Iowa) Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member 0r organ; Definition - Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Definition - Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, $.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) OPS-03.3 Definition - As used in this policy, "less lethal munitions" Means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 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: ' 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. Section 804.15 Breaking and entering premises~demand to enter. If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private premises, the officer may upon identifying the officer as such, demand that the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force as is reasonably necessary. OPS-03.4 V. PROCEDURES - DEADLY FORCE A. Purpose of statement 1. To delineate the Department's policy regarding the use of deadly force. 2. To establish policies under which the use of deadly force is permissible. B, Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him/herself or others from what he/she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person 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 a person unless immediately apprehended. 3. No distinction shall be made relative to the age of the intended target. 4. Warning shots by officers of the Iowa City Police Department are prohibited. 5. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 6. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: a. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons, b. As a last resort to prevent death or serious injury to officers or other persons. c. As a last resort to apprehend a person who has just committed a elony resulting in death or serious injury. d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. OPS-03.5 C. Injuries resulting from Use of force. 1. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment. D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall immediately surrender that firearm to his/her supervisor or a higher authority. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer at the scene in accordance with this paragraph, unless it is known with certainty which weapon caused the injury or death. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. LESS LETHAL FORCE A. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which non-deadly technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. B. Definition-Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. Use of force by an officer is justified in, but not limited to, the following situations: 1. To protect the officer or others from physical harm. OPS-03.6 2. To control an arrestee or a potentially violent person. 3. To restrain or subdue a resistant individual. 4. To bring an unlawful situation safely and effectively under control. C. Officers shall use no more fome than the officer reasonably believes is necessary to effect an arrest, defend any person from bodily harm while making an arrest, or maintain the custody of an arrested individual. D. Officers shall render appropriate first aid or ensure medical treatment is provided to any person injured or complaining of pain following the use of force. NOTIFICATION OF COMMAND A. Any officer who causes a personal injury or death through the discharge of a firearm shall immediately contact his/her supervisor. If this is not practical, the officer shall contact the on-duty patrol supervisor. The notified supervisor shall then contact the following individuals: 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. b. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney. 4. The City Manager. 5. The Criminal Investigation Commander or his/her designee will be notified of the incident so an immediate investigation can be initiated. B. The on-duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. C. If an officer's use of force results in a serious injury or death, the officer's supervisor shall immediately contact the Division Commander. OPS-03.7 .REPORTING USE OF FORCE INCIDENTS A. Discharge of Firearms-report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as cimumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following cimumstances in which no accident or injury results: 1. The discharge of firearms on firearms ranges. 2. Sporting events to include lawful hunting and organized shooting matches. B. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on-duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. The Watch Supervisor must be notified, however, immediately after the firearm is used: A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee of four sworn officers. The committee shall consist of a Division Commander, the Sergeant of Planning and Research, and their designees. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. OPS-03.8 D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of fome incident will be included with an incident report. The report(s) shall contain the following information: a. Arrestee/suspect information. b. Case/incident number(s), date and time of incident, and reporting officer. c. Description of actual resistance encountered. d. All required fields completed in Use of Force report. e. The force used by the officer to overcome the resistance and the specific f. weapon or technique used. g. A description of any alleged or actual injuries to either the officer or suspect. h. Pictures taken of any injuries to either the officer or suspect. 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E. At a minimum, the Chief of Police and/or designee will review all reports and incidents of force annually. A review of reports and incidents of force could reveal patterns or trends that indicate training needs and/or policy modifications. INVESTIGATION OF USE O,F FORCE RESULTING IN DEATH OR SERIOUS INJURY A. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be immediately initiated by the Chief of Police's designees and completed as soon as possible. B. The Chief of Police or his/her designee shall decide whether the DCl and/or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 0PS-03.9 D. The on-duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. E. The officer responsible for the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police. While the investigation is pending: 1. The officer shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer must receive permission from the Chief of Police, or the Chief's representative, prior to leaving the metropolitan area. If such permission is given, the officer must supply phone number(s) of their location and duration of their absence. 2. The officer will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer from discussions with their attorney. The officer will attend post-traumatic stress counseling at the discretion of the Chief of Police. 3. The officer may be returned to duty upon departmental receipt of a letter from the counselor or mental health professional indicating the officer's fitness for duty, at the Police Chief's discretion. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer has acted improperly, but is designed to safeguard the officer and the Department. G. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible n3anner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and, amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force model will enhance the OPS-03.10 department's ability to manage the use of fome and will benefit the officer by providing guidance, resoumes, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham vo Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. Reasonable officer's perception/Reasonable officer's response (see attached matrix) OPS-03.11 LEVEL ONE Perception - Subject is compliant Response - Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING COMMUNICATION SKILLS VERBAL > > NON-VERBAL > WALL HANDCUFFING POSITIONS > STANDING > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARCHING TECHNIQUES > STANDING > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP ARREST TECHNIQUES > SINGLE OFFICER > MULTIPLE OFFICERS ESCORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS TRANSPORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS CPS-03.12 LEVEL TWO "~ Perception - Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE RESISTANT ( PASSIVE ) LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT > MULTIPLE SUBJECTS > ARM CONTACT CONTROLS > WRIST > HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES > TRANSPORT TECHNIQUES OPS-03.13 LEVEL THREE Perception-Subject is actively resistant Response Compliance techniques (includes: neuro-muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active) LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS > CONTROL TACTICS '~" > HEAD  NERVE COMPRESSION TECHNIQUES: > NECK ~ NEURO~MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE OTHER WEAPONS > ASP > BICYCLE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENTSKILLS > PACING/TRAILING TECHNIQUES 0PS-03.14 LEVEL FOUR Perception - Subject is assaultive and likely to cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE {Bodily Harm) LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, I1~ III > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES LESS LETHAL WEAPONS > CANINE OPERATIONS > OTHER OPTIONS WEAON RETENTION TECHNIQUES (Less Lethal) · FRONT · REAR · SIDE OPS-03.15 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapdns attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE LEVEL V DEADLY FORCE Serious Bodily Harm/Death) ENFORCEMENT ELECTIVES; I, II, III & IV > WEAPON A3-FACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: · CONTACT FORCIBLE STOPPING TECHNIQUES · ROADBLOCK R. J. Winkelhake, Chief 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 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. OPS-13.1 VEHICLE CRASHES Date of Issue I General Order Number October 6, 1999 J 99-09 Effective Date Section Code October 11, 1999 OPS-13 Reevaluation Date Amends / Cancels October 11, 2000 NEW C.A.L.E.A. I Re~erence 61.1.1, 61.2.1-4, 61.3.1-3 INDEX A S: Vehicle Crashes Traffic Control Accidents Traffic Direction Accident Investigation Impounds I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with enforcement by officers. II. POLICY It is the policy of the Iowa City Police Department to report motor vehicle crashes pursuant to Iowa law. Members of the Department will investigate crashes in an attempt to determine the cause and identify violations of Federal or State law and/or City ordinance. Officers will enforce applicable laws consistent with the department's general order pertaining to Traffic. When called upon the Department will assist other departments or agencies in identifying and/or minimizing potential hazards to the motoring public. OPS 13.2 III. DEFINITIONS IV. PROCEDURES MOTOR VEHICLE CRASHES The Iowa City Police Department will respond to all vehicle crashes which occur within the corporate limits of Iowa City. Members of this department will comply with state reporting requirements. (See Iowa Code 321.266) In incidents that do not meet the state mandated reporting requirements, officers will respond and will fill out an "accident report" for submission to Iowa City Police Department records section. All accidents will be sufficiently investigated to determine the facts surrounding the accident. In addition to the before mentioned reporting and investigation guidelines, the following motor vehicle crash investigation guidelines should be adhered to. A. Fatality or Serious Injury Crash. A motor vehicle crash resulting in a fatality or serious injury likely to lead to a fatality will be investigated as thoroughly as possible. An accident investigator trained through the level of Reconstroctionist will be called to the scene. Whenever possible he/she should be assisted by an officer trained through the technical level in accident investigation. When it is necessary to call an off duty investigator to assist a Reconstructionist, preference may be given to calling another Reconstructionist if available. B. In instances where a motor vehicle crash results in an injury, the first responding officer should consider the severity and nature of the injury in determining whether to call an accident investigator to the scene. If an accident investigator is not immediately available the officer should contact a watch supervisor, who may authorize the call-in of an off duty accident investigator. C. In any instance that there is a likelihood of city liability, a person trained through the technical level of accident investigation should be called to the scene. This includes instances where a city vehicle is involved in an injury crash, regardless of "fault". In these instances, a copy of the state accident report and any technical investigative reports will be forwarded to the Commander of Field Operations or his/her designee. He/she will forward the reports to the City Attorney's Office and to other city departments as requested. D. Hit and Run Crashes. Hit and run crashes will be investigated to the extent possible. Upon arrival at the scene the responding officer should broadcast any suspect vehicle or driver information as soon as possible. E. Crashes involving intoxicated, impaired, drugged or ". 02" drivers should be investigated according to applicable departmental procedures. The involvement of alcohol or drugs should be handled according to specific departmental policies/procedures pertaining to OWl. In instances where the OPS 13.3 consumption of alcohol or drugs is suspected and serious injury or fatality results, the officer should notify a watch supervisor. The supervisor or officer may contact the on-call county attorney for advice on how to proceed. F. In incidents in which a commercial carrier carrying hazardous materials is involved in a motor vehicle crash, officers will comply with departmental guidelines relating to commercial carriers. If the crash results in a breach of a container or a discharge from a container, the officer shall immediately notify communications who should then notify a watch supervisor. If possible, the officer will evacuate the immediate area around the vehicle until the response of the Iowa City Fire Department. The Iowa City Fire Department will be notified and will make the determination if the Johnson County HAZMAT team will be requested to respond to the scene. The Iowa City Fire Department or, if applicable the Johnson County HAZMAT team, will have primary responsibility pertaining to any discharge of hazardous materials from a vehicle involved in a motor vehicle crash. The responding Fire or HAZMAT supervisor will determine the extent of any evacuation. Officers should attempt to ensure that the hazardous material reporting requirements in the Code of Iowa are complied with. An officer trained through the technical level of accident investigation should be called to the scene in which there is a discharge of hazardous materials from a commercial carrier. (In incidents involving hazardous materials, SAFETY is the paramount consideration.) G. In incidents where the persons involved in a motor vehicle crash become engaged in a dispute, officers should expedite their response to the scene. Upon arrival the officer(s) should take charge of the scene and separate the confronting parties. H. If a motor vehicle crash results in major congestion, the first responding officer should request additional units as available to assist in traffic control. In instances where there are no injuries and the resulting congestion posses a hazard to the motoring public, the officer may consider moving the involved vehicle(s). If this is not practical or possible the officer(s) may elect to establish a safe traffic pattern and wait for additional units prior to initiating any investigation or report related to the crash. I. In instances where damage to a vehicle is such that the vehicle is inoperable or unsafe to operate, the officer should ensure the vehicle is either in position where it will not impede or obstruct the safe flow of traffic or see that the vehicle is removed from the scene. When an operator elects to have their vehicle towed, the officer should try to honor their choice in towing services provided the service can respond in a reasonable amount of time. In instances where the operator is unable to remain at the scene the officer may contact the towing service requested by the operator, or if they signify no preference, contact the service, which currently is under contract with the city. Removal of a vehicle from an accident scene, in and of itself, does not constitute an impound of the vehicle. OPS 13.4 J. In instances where the operator is unable to indicate a preference for the disposition of their vehicle and property and there is no one present to act on behalf of the operator, the officer should ensure the property belonging to the crash victim is protected. If there are items of value in the vehicle, the officer may take control of the property for safekeeping. If an officer takes control of the property of an accident victim, it shall be documented on a property form and submitted to the departmental property custodian. K. In instances where an accident investigator requests a vehicle be impounded, the department member handling the tow will follow departmental guidelines pertaining to impounds. There should be a hold placed on the vehicle under the investigating officer's name. No property should be released from the interior of the vehicle without the authorization of the investigating officer. In instances where a person requests personal belongings from the interior of a "held" vehicle, and the investigator is unable to be reached, a supervisor may elect to approve the release of certain personal property from the vehicle. In these instances, the supervisor approving the release will accompany the person to the impound facility and will deliver the requested item(s) to the person. At no time should the person be allowed to have physical contact with the vehicle. The authorizing supervisor will initiate a report detailing the circumstances surrounding the release. L. Watch supervisors have the authority to suspend accident investigations involving only property damage during emergency situations. These may include, but are not limited to, snow or ice emergencies when the number of accidents is such that it is not possible to, respond to each location, or an emergency operation in which the majority of the available officers are engaged in an emergency type situation. In these types of incidents, the caller should be advised that there is not currently personnel available to respond and be requested to contact the department in person or on the phone sometime after the start of the following watch. The communications person receiving the call should obtain all available information for entry in the CAD system. M. The Iowa City Police Department will use the expertise of the City of Iowa City Traffic Engineering office to analyze data pertaining to motor vehicle crashes within the city. Using the analysis provided by Traffic Engineering the department will implement traffic enforcement strategies to minimize the number and severity of motor vehicle crashes. On an annual basis the supervisor in charge of traffic enforcement will analyze and review the current traffic enforcement activities and compare it with the data from previous years. Officers assigned to a motor vehicle accident will respond promptly and proceed to the scene as quickly as traffic conditions allow. Response will be guided by departmental vehicle operations guidelines. OPS 13.5 A. During the approach to the scene, officers should be alert for conditions or factors which may be related to the crash. B. Upon arrival at the scene, the officer(s) should park in a manner to best protect the scene and minimize danger to the public. C. The first responding officer will then attempt to identify situations, which will require immediate attention or additional assistance such as injuries, HAZMAT situations, or fire, and should request additional police or rescue units as appropriate. D. If injuries are present the initial officer should render immediate care to the greatest extent possible. E. Once care of the injured is insured and the scene is protected to the extent possible the officer should determine if the assistance of an accident investigator is required or needed. If so, communications should be advised of the situation and notification made. F. In cases of injury or death the initial officer should attempt to locate and identify any potential witnesses. This includes the identification of injured parties and passengers as well as onlookers. G. Once the scene is secured and witnesses identified, the first responding officer should attempt to locate and, if possible, document any evidence. If assistance is needed for the documentation of evidence the officer may contact an accident investigator or Crime Scene Technician (CST) depending on the type of evidence to be documented. All evidence collected shall be handled according to departmental guidelines on evidence. If it is determined that the scene extends beyond the point initially protected by the officer, the expanded scene should be protected to the greatest extent possible prior to completion of documentation or evidence collection. The first responding officer is responsible for the completion of all required reports unless relieved of the responsibility by a supervisor. In instances where an accident investigator(s) responds to the scene, he/she will be responsible for the technical investigation of the crash and all technical reports relative to the investigation. In situations where more than one accident investigator is involved, the officer trained to the highest level will be designated the lead investigator. If two investigators of equal training are on scene, the person with greater experience in the field shall be the lead investigator. The lead investigator may call additional investigators as necessary with the approval of an on duty watch supervisor. If a commercial vehicle is involved in the crash, the lead investigator may request the assistance of personnel trained in commercial vehicle inspections. If assistance is needed in the collection or documentation of evidence, the lead investigator may call for the assistance of a CST. OPS 13.6 In instances where the victims/witnesses have been transported or otherwise left the scene, the lead investigator may, with the approval of a watch supervisor, - make arrangements to have the parties interviewed and/or statements recorded. These interviews may be by one of the investigators or another officer assigned to the task. If the interview is to be conducted by someone other than one of the accident investigators, the interviewer should be provided a list of issues which the investigator(s) wish to be covered. In instances where the vehicle is impounded for investigation, the lead investigator may make arrangements for inspecting, documenting or otherwise viewing the vehicle at a future time. The lead investigator may make arrangements to consult with other city departments i.e. traffic engineering, streets, as needed. When a member of the Iowa City Police Department receives a complaint or concern relative to traffic safety or traffic engineering, the receiving member will document the information to the greatest extent possible. If the question is one, which requires further investigation or research, the concern/request should be forwarded to the Traffic Engineering Planner. The Sergeant in charge of planning and research will forward motor vehicle crash data to the Traffic Engineering Planner. TRAFFIC DIRECTION AND CONTROL The purpose of this section is to establish procedures for traffic direction and control. A. Manual Traffic Direction 1. Manual traffic direction will be used in situations when there is a failure of normal traffic control signals, during emergencies, at accidents, or when other traffic control devices are not present or adequate. 2. Effective manual traffic direction is dependent upon the use of clear and easily understood gestures and the high visibility of the person directing traffic. 3. In order to provide for officer safety and driver recognition and response, reflective, high visibility vests are provided in patrol vehicle. All personnel directing traffic should wear the provided vests. 4. Members performing traffic direction and control will ensure that their presence and purpose are appropriately indicated to drivers and pedestrians. This may be accomplished by positioning so that they can clearly be seen by all parties. 5. Officers directing traffic may utilize flashlights, traffic wand, road flares, and/or traffic cones while manually directing traffic. These will be used in a manner to enhance visibility. 6. Officers will remain calm and professional whenever directing traffic. When drivers or pedestrians fail to understand or obey hand signals, the officer will handle these instances with professionalism. 7. Signals and Commands 8. Manual signals for traffic direction should be consistent with departmental training. OPS 13.7 B. Emergency Traffic Direction 1. Fire Scenes: Members of this department will assist fire operations by: 2. consulting with the fire officer in charge of a scene to determine their needs; 3. providing protection for the fire scene and for fire rescue equipment 4. setting up perimeter traffic control points to allow for the entrance and exit of emergency vehicles and personnel authorized to be at the scene; C. Adverse Road and Weather Conditions Adverse road and weather conditions may include but are not limited to: 1. accident hazards such as debris, downed power lines, fallen poles, hazardous material spill/leak; 2. acts of nature such as snow, ice, and flooding Upon discovering an adverse road or weather condition affecting safe roadway travel, members of this department are expected to notify communications and the watch supervisor. A decision will be made as to how best correct or control the situation. The supervisor may direct that the appropriate city department be notified of and asked to respond to the incident. Members of the Iowa City Police Department will provide traffic direction, control services and scene protection when the presence of adverse road and weather conditions warrant such steps. Direction or control will be maintained until appropriate steps have been take to alleviate the situation. D. Manual Operation of Traffic Signals 1. Manual operation of traffic control signals may be necessary in the case of accidents or other emergencies, or to alleviate traffic congestion resulting from a specific event. 2. In instances of a traffic signal malfunction, the lights may be set on "flash" mode if this will not cause undue problems, until the appropriate agency or department can respond to correct the problem. E. Temporary Traffic Control Device 1. Temporary traffic control devices may be used in either pre-planned events or to serve as a temporary measure for unusual or emergency situations. In the event that a temporary traffic control device is used, due to an emergency situation, contact will be made with the agency or department who is responsible for the applicable roadway or signal. Officers should periodically check any temporary traffic control devices in their area to ensure that they are situated appropriately, or at times of high traffic volume, require additional traffic control efforts. 2. In instances where a temporary traffic control device will be in place for an extended duration, the commander of the day watch wilt make contact with the appropriate department or agency; of the location, nature and OPS 13.8 reason for the temporary device; and will request they review the nature and placement of the device for appropriateness. 3. When temporary traffic control devices have been placed by a private contractor or a entity of the City, due to construction, it shall be the responsibility of the placing entity to erect, place and maintain all such devices. Officers should periodically check construction sites in their area to determine the integrity and effectiveness of the device. If a device is not in place, not functioning, not visible or otherwise creates a hazard for the motoring public, the placing entity should be contacted to correct the situation. MOTORIST ASSISTS A. Disabled vehicles on the roadway present a hazard both to the stranded motorist and to other roadway users. For this reason, officers will offer reasonable assistance when possible to motorists who appear to be in need of assistance. B. Stranded motorists should not be left unattended when they appear to be exposed to hazardous situations. Due consideration shall be afforded stranded motorists for factors that contribute to hazardous conditions such as; location, time of day, weather, and current priority of calls for service. When circumstances preclude an officer from remaining with the motorist, steps should be taken to enhance the visibility of the vehicle and to warn oncoming drivers of the hazard. C. Officers should freely and courteously provide information and directions when asked, and shall attempt to remain familiar with various services and facilities available to help motorist. I.e., 24 hour services. D. Officers may, with supervisory approval, transport stranded motorists to the nearest convenient location where assistance may be obtained. E. When hazardous weather conditions exist, communications may be directed to disseminate road hazard, travel and road closing information within the city, or refer citizens to the roadway condition number where such information may be obtained. F. In the event that the operator of a disabled vehicle is unable to obtain their own towing service, or have no preference, the officer may request communications contact an available towing company. G. If emergency medical or fire assistance is needed, the officer will notify communications of the nature of the emergency and request the services the officer feels are necessary. H. A member of this department should not physically push or repair stalled vehicles, jump-start, or change a tire on any vehicle not owned by the City, except in emergency situations. OPS 13.9 When an officer comes across a roadway hazard the officer should take steps alleviate or minimize the potential hazard. The officer should notify communications of the nature and location of the hazard and request that communications contact the appropriate agency or department to correct the situation. If the hazard is discovered after "regular" business hours, the communications should forward the request for service to the appropriate department the next business day. In instances where the hazard is such that some type of traffic control device is needed control the hazard, the officer may arrange to pickup the needed device him/herself or contact the Streets Department to respond with the necessary devices. In instances where the hazard is such that immediate repair is required, the officer should request communications page the appropriate department, advise them of the location and nature of the hazard and request they respond to the scene. VEHICLE IMPOUNDS Members of this department may encounter a variety of circumstances requiring the impound of a motor vehicle. These actions are to be guided by state code and/or city ordinance. When the operator of a motor vehicle is arrested the following guidelines should be adhered to. A. Vehicles requiring identification processing or use in follow-up investigations should be impounded. The officer should request the towing company place the vehicle in a secured facility. B. If the operator of the vehicle is the owner, leaseholder, or immediate family member of the owner/lease holder, the vehicle may be released to an eligible driver on the scene, with the permission of the operator. C. If there is not an eligible driver available, the officer may impound the vehicle. In instances where the vehicle is impounded pursuant to an arrest, the department member impounding the vehicle will complete an Iowa City Police Impound Report. When appropriate, the keys should be placed in the possession of the operator of the vehicle. The arresting officer may search the vehicle incident to arrest. The impounding member may inventory the vehicle. In all instances, the impounding party shall note items of value. D. If there is not an eligible driver available, the officer, with the permission of the operator may elect to park the vehicle in an appropriate location. If the vehicle is parked, the location should be noted and the vehicle operator advised of the location. If there are items of value or weapons in the vehicle, the officer should consider taking these items into his/her possession. In these instances, a property form shall be completed and the items submitted to the property custodian. OPS 13.10 E. In instances where a driver is taken into custody for an .02 investigation, the preferred action is to park the vehicle. When the situation is such that this is not practical, the officer may impound the vehicle. F. Upon recovering a stolen vehicle, the officer should request communications contact the originating agency. To the greatest extent possible the recovering officer should honor the requests of the originating agency. In instances where the originating agency is not able to respond within a reasonable amount of time, or at their request, the officer may impound the vehicle. If the Iowa City Police Department is the originating agency the vehicle may be held for processing. If a decision is made not to process the vehicle, or upon completion of the processing, the officer should contact the reporting party reference the recovery of the vehicle. The status of any keys, valuables, and vehicle condition should be provided if known. If the vehicle is legally parked and the victim wishes the vehicle left at the present location, the officer may leave the vehicle where parked. If the victim cannot be contacted or the vehicle is parked in an illegal or hazardous manner or the victim is unable to respond in a reasonable amount of time the officer should impound the vehicle. When a vehicle is parked or left in such a manner as to create a hazard, or is otherwise abandoned, members of this department may impound the vehicle pursuant to chapter 321.89 of the Code of Iowa. In these instances, the officer shall complete an Iowa City Police Impound Report. When a member of this department is requested to impound a motor vehicle from private property, the impounding officer shall complete an Iowa City Police Impound Report. The person in control of the private property must sign the authorization form on the impound report prior to the impound of the vehicle. If the officer is unsure as to the authority of the party requesting the tow, the officer should request written documentation from the person. Officers should not unlock a vehicle to inventory the contents when impounded from "private property". When vehicles are impounded by a member of this department, the impounding officer shall complete an Iowa City Police Impound Report. This report should be turned into communications as time permits, but no later than the end of the watch. The records pertaining to vehicle impounds will be kept in their original form for a period of three years. The computer entry of these records will be kept for a period of at least five years. The auction of unclaimed vehicles will comply with all applicable laws and requirements. When a person requests the release of an impounded vehicle, the person handling the request should ask for identification from the person making the request. A vehicle may be released to an owner, leaseholder, or member listed on the registration. If the person requesting the release of the vehicle is other than those listed above, a watch supervisor should be called to make the determination as to the release of the vehicle. OPS 13,11 R. J. Winkelhake, Chief 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 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.