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HomeMy WebLinkAbout02-13-2001 ICPD Reports/MemosRJ Winkelhake From: media@iowa-city.org ,ent: Wednesday, January 03, 2001 2:43 PM ): rj_winkelhake@iowa-city.org ibject: RELEASE: Traffic Stop Demographics Contact: Sgt. Bill Campbell - Iowa City Police Department Phone: (319) 356-5293 Date: 01-03-2001 Time: 2:35 pm Authority of: Chief R.J. Winkelhake The Iowa City Police Department compiles race and sex demographic information on drivers of vehicles stopped by members of the department. Below are the totals for each demographic catagory, from January 2000 through December 2000. Male White - 8,583 Male Black - 839 Male Hispanic - 244 Male Asian - 293 Male Other - 172 Male Unknown - 41 Female White - 5,184 Female Black - 348 Female Hispanic - 91 ,male Asian - 138 male Other - 45 <male Unknown - 15 .iknown - 5 TOTAL - 15,998 ------------------------------------------------- You may view past media releases at http://www.iowa-city.org/media_releases.asp ------------------------------------------------- To unsubscribe to this mailing list, please go to http://www.iowa-city.org/mailing/mailing.pl and enter your email address. Then uncheck the lists from which you wish to unsubscribe. J — "3:' l: ;i r__; N 1 r DATE: TO: FROM: SUBJECT: January 26, 2001 Chief Winkelhake All Commanders " Captain Widmer r, November & December Use of Force Review The bi-monthly "Use of Force Review Committee met on January 25, 2001. It was composed of the following personnel; Captain Johnson Captain Widmer Sgt. Brotherton Sgt. Hurd The review of the submitted reports for November (20 incidents-25 reports) and December (14 incidents-18 reports) revealed no policy or training concerns. Administrative issues to be addressed during this period are review items, as they all have been noted in the past; I) Be specific on the "type of incident". The report should note the type of incident which initiated the contact. 2) When a firearm is used to destroy an animal, the supervisor authorizing the discharge should be recorded in the narrative portion of the report. 3) In the "type of force used" section, when "other" is appropriate, indicate what it was (ie. hands-on). 4) Some officers are providing too much information. The use of force report is to briefly document the use of force, not document the probable cause. 5) Lastly, the use of force report is not a place to practice humorous prose. Document the facts, don't attempt to be cute! Noted reports are being returned to the Watch Commanders with the discrepancy highlighted. Copy: City Manager, PCRB training,. Locating People Sgt. Krell With officers now taking a more active role in investigating NSF cases officers will be spending time contacting suspects in an effort to resolve the incident. One of the more problematic aspects of the investigation will be contacting the suspect. While most checks have an address and less frequently phone number, officers will often find that this information is no longer current. This means that officers must now develop and refine techniques that can be used to "run down" or other wise locate the suspect. For many the most obvious place to begin the process of locating a suspect will be by running a 27 on the suspect and see if it provides a current address/residence for the suspect. Are there vehicles registered under his/her name. Is there relative listed at the original address of the suspect who could possibly provide further information. Check with other officers, are they familiar with the person? Another possible source would be checking the phone directory and the student phone directory. If the check is issued on an out of town bank, with a name and hometown, the U of I DPS can sometimes provide a "home" address and contact name/number. Donn forget the CAD system for any information on the suspect. Perhaps they have been involved in an accident or an incident INSIDE THIS ISSUE Less Lethal Deployment Locating People $ Check Investigation Tips 4 Domestic Violence Risk Assessment continued on page 2 Less Lethal Deployment As you are aware, we recently had our first deployment of the less lethal (bean sock) round on a knife wielding, suicidal subject. There was some initial concern over the effectiveness of the rounds, (the person was not subdued until 5 rounds were fired). As wfth other striking instruments included at level 4 in the Use of Force Continuum (ASP), the application of 1 strike, may not be enough to successfully bring the person into compliance/control. In this case officers fired 2 shots in the upper torso, 1 shot in the upper thigh and then PLACED 2 shots on the defendants "knife" hand, breaking the knife and allowing officers to subdue the subject with minimal injury. Last spring, when trained in the use and deployment of the less lethal munitions, the amount of energy delivered by the munitions was compared to a fast ball by a professional pitcher. NOTE: If you have watched any Major or Minor League games (speed about the same, control is often the problem), it is not unusual to see a batter struck by the pttcher. These single pitches usually do not incapacitate the batter in and of themselves. After being looked at by the trainer they usually proceed to 1st base as a runner. Of note: baseball players are required to wear helmets when batting or on base because ... the application of a baseball to the head is potentially lethal. What does this have to do with less lethal munitions? The deployment of a single round at a suspect may not immediately obtain the desired results. As we were trained with the PR24 and are currently trained with the ASP, officers may often times need to follow up the initial strike with other strikesttechniques. The question then is where is the line? In the knife situation, the 5M shot disarmed the subject allowing officers to control him with hands on techniques. To sutse a Mebusism, 4 shots were not enough (�ar�l NI pager training t page r � n that resulted in us recording an address and/or phone ; _. C_ = Incident Command system number The Incident Command System is designed so that there Another source of a current address is to contact the US "'" is one person in overall command of an incident postal service and submit a request for current address,, Suppo�ting agencies would report to and receive l; ! form for the suspect If they have a forwarding address, assignmeftbi''flhrough the Incident Commander. In a the suspect can many times be located in this fashion'' ll" ` hostags/barricade type situation, there would be an the suspect is from a small community many times a overall Incident Commander who is responsible for the phone call to the local post office will provide current scene. SRT command would be briefed by the Incident information on the person. Commander and make their assignments based on the II I If the person is from out of town, contacting the local police department or sherf rs office may yield results. When contacting a SO, you may want to check with the jail, civil and records division, records may not automatically update and on section may provide a recent address. If the person has been jailed before, ask the jail if they have a listing of the next of kin and if they have a listing of names or phone numbers of persons who have called the subject while in jail. Does the person have an atty. listed. Contacting the atty. and letting them know you want this resolved without filing criminal charges may get them to contact the person. If you have the name and SS# you can contact Job Services and check for most current employment records. They can tell you If the person is currently working and if so, where. If they are not working they may be able to provide the persons most recent employer, whom you can contact for information. Does the employer know where the subject went or did the suspect have any friends who still work at the business, who may know the whereabouts or how to contact the suspect Since the preferred method of disposing of these cases is by having the suspect make good on the check, a sakes pitch to friends may result in them contacting the suspect for you in order to keep charges from being filed. If the address is out of date, an ex -landlord may be able to provide a forwarding address. Are there friends in the old building who may know of the person's whereabouts? Other sources of information are available on the Internet at anywho.com. You can search by name and state or the United States. When trying to locate people you are limited by your imagination. The above suggestions are merely a starting point and not a conclusive listing of resources. overa goa s of the mission. With the ongoing MATS training, one of the sessions involves Rapid Deployment techniques and working with another agency. In the type of incidents which require rapid deployment within the city of Iowa City, the Iowa City Police Department will designate a person as the Incident Commander. This will usually be the on -duty watch commander. Men Rapid Deployment techniques are utilized, they will quickly deplete the number of on -duty personnel. Since the situation is one which requires these techniques, it would not be reasonable to wait for off - duty personnel to arrive and would in all likelihood Involve requesting assistance from outside agencies including Coralville PD, Johnson County Sheriffs Dept and Iowa State Patrol. They would respond to the incident and would be assigned tasks by the Incident Commander. If they are assigned to "fill out' a team, they would be placed at point, rearguard, or contact officer. A member of our department would serve as the team leader. Ideally there would be an ICPD member directing each team, however, this does not mean that members would be pulled off a team that was already in the school, to fill the position of team leader. Conversely, should the Incident occur in Coralville and they requested assistance, we would assign someone, probably the on -duty watch commander, to serve as liaison with Coralville PD. Coralville would be in overall command of the incident and would make the assignments through our liaison. If available, they would provide someone to serve as team leader even if we provide the bulk of the team. When operating outside our normal jurisdictional boundaries, officers are still bound by the rules, regulations, orders and directives of the Iowa City Police Department In particular officers are still guided by Departmental Use of Force directives. training 2 UPCOMING TRAINING The following is a listing of training, which MAY be available. DO NOT consider this a posting. Any request to attend based on this listing will not be considered a request to attend. CALENDAR OF EVENTS TRAINING EVENT PLACE ROBERT E. LEE REC. CENTER/CRPD RANGE DATE WEE K OF MAY 21 ST Spring Firearm/training day TRAINING EVENT PLACE MONTGOMERY HALL DATE WEEK OF FEB. 5TH Final MATS Session TRAINING EVENT PLACE MTTU IV DATE MARCH 12 - 16 Decision Making for Law Enforcement Officers TRAINING EVENT PLACE ILEA DATE MARCH 6 - 7 Interview and Interrogations Check Investigation Tips - Ed Schultz When dealing with a closed account or NSF check, ask if the account had enough money in the account to cover the check on the date it was issued. In the case of a forgery, make sure you establish whom the victim is. If the bank reimburses the account holder, the victim is the bank, in other cases it may be the business. Some banks will be reluctant to give out information. Tell them that you only need a yes or no answer then phrase your questions accordingly. Usually they will not give out specific information such as balances or account numbers. For a closed account check, you need to ask if the bank notified the account holder and by what means. Certified mail is preferable. Has the suspect been sent a ten-day notice in from page armed) and six would have been to many (he was now unarmed and was not presenting an immediate threat). The use of the less lethal allowed officers to handle this situation without escalating to deadly force or contrary to training, move within the 21 foot "knife safety" zone, as would have been required to deploy OC (10-12 feet). In this situation the WC decided to deploy 2 less lethal shotguns which fired alternately and directed the shot placement This allowed for the successful (no one seriously injured and subject taken for evaluation) tactical resolution of the Incident General Order 00-03 Less Lethal Impact Munitions specifically authorizes the use of these projectiles when.. "a person is threatening death or serious injury to themselves." "When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: A The level of force being confronted. B. The proxhnity/access of the subject to the officer or others." Upon the use of Less Lethal Impact t Munitions officers are required to " Suspects who are struck by less lethal projectiles shall be secured and transported to a medical facility for examination and treatment.. " accordance to Iowa Code Chapter 714.1 (6)1 When you file criminal charges and are requesting a subpoena, limit the time span that the covers the incident. It is time tedious, time consuming and expensive work for the bank. (The bank is not reimbursed for the efforts) When 16` speaking with the suspect, attempt to get affirmation that the checks have not been lost or stolen. (eliminates a defense) Keep an activity log of each check investigation. A daily log used by detectives is a simple convenient method to keep track of dates, times and details of the investigation prior to doing your report. DO NOT accept or arrange partial payments, this makes it a civil case. Confine this with the victim. If you have questions or need assistance contact Investioator Schultz. training 3 DOMESTIC VIOLENCE RISK ASSESSMENT Through the use of the Uniform Crime Reports (which serves as a basis for much of the Information we are required to collect on various offenses), the FBI has identified several factors which may indicate that there Is a higher likelihood that a domestic situation will result in a lethal confrontation. While the presence of any of these indicators does not necessarily mean that a situation will result in a lethal encounter, the presence of any of these indicators should serve to indicate to the officer that the situation creeds and deserves thorough Investigation. A yes to any of the following questions suggest a greater potential for violence to victims of domestic abuse. The couple has recently separated (within 2 months. The violence has been escalating in severity and frequency. this and that The suspect owns or has access to firearms. The suspect has been diagnosed with a mental Illness or personality disorder associated with depression or aggression. _, The suspect has attempted or threatened suicide. The suspect is an alcohol or drug user. . The suspect has made death threats or expressed fantasies of murder. The victim believes the suspect will attempt to commit homicide. The suspect has stalked the victim. The suspect has seriously injured the victim in the past 5 — When filling out an accident report you MUST include the phone number of the drivers in the space provided on page 2 of the accident report forth, Once again... When filling out a Use of Force report, the Incident section needs to include the reason for the initial contact with the person, i.e. PAULA instead of what the resulting charge may turn out to be. Le. Interference or Obstruction. The supplemental range date for February will be the 28"' . Officers interested in attending this training get a note to me by 07:30 on 02/26. A firearm instructor will be available from approx. 08:30 to 10:00. The City Council is in the process of revising and updating the current alcohol ordinances in an attempt to deal with underage and binge drinking. As part of the proposed ordinances, the Council may suspend a liquor license and/or impose a civil penalty. A suspension may be based on the establishment serving underage persons alcohol. When an officer charges the business or an employee with providing alcohol to someone under the legal age, effective IMMEDIATELY, a copy of that charge must be forwarded to the CITY ATTORNEY'S office so they can track it. In addition there is a proposal to adopt a section similar to the state code, prohibiting "Sales to Intoxicated Persons" If adopted this will be a new section 4-5-6. Additionally, there may be a limitation on drink specials and the manner in which they can be served. More information will be provided as the ordinances' progress through the process. training 4 ICPD TRAINING f' i 3 DATE: February 1, 2001 TO: Chief Winkelhake From: K.Hurd REF: January Training Report MATS Beginning O1/08/O1 continuing for 5 consecutive weeks Required for all ICPD sworn personnel Iowa City 32 hours per officer Training and review in numerous work related area. Monday: Hazardous Materials Review Blood Borne Pathogens CPR Graduated DLs. Tuesday Defensive Tactics Crowd Control Child and Elder Abuse Wednesday Commercial Motor Vehicles Driving Legal Update Thursday Racial Profiling, Fake/Fraudulent Ids Joint fire/police calls Rapid Deployment Public Records Training 01/31-02/01/01 16 Hours Lt. Fort and Sgt. Brotherton MTTU IV Training in various aspects of public records, including what records may be released as public information and what information may not be released. SART/SANE Conference 01/31-02/01/01 Steva, Clarahan, Bok Training for investigators in the investigation of sexual assaults including the multi- disciplinary approach to sexual assault investigations. SRT Range Not scheduled due to MATS training SRT Scenario Training 01/04/01 16 SRT Regularly scheduled physical testing for SRT members. Room entry drills. Maintenance of equipment. Squad Meeting Training Weekly ICPD All members WT #s 01-23, 01-28, 01-30, 01-29 Copy: City Manager Captain Widmer PCRB Watch Training 01-23 Revised State Accident Report Form Scenario - The Iowa DOT has revised the state accident report form. The new form goes in effect 00:00:01 on 01/01/01. Critical Issues - What are the changes on the accident report form? Why do our forms differ from the "state" forms? What do I need to complete on various levels of accidents? Discussion - The Iowa DOT has provided an Investigating Officer's Accident Reporting Guide for officers. This manual covers in detail all sections of the new State Accident Report form. There is shading on the side of the form designating which sections must be completed for ALL accidents. For car deer accidents, only the information pertaining to vehicle number one needs to be completed. For all accidents you should do a diagram and brief narrative. If the accident meets state reporting requirements, death, injury or $1000+ then the accident report must be completed -in it's entirety. Also the phone number for the drivers has been moved to the "2"a" page. This needs to be filled in for all accidents. I1---F—D 'Lr_:; Fc:u - I F,ii ID: 13 IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN Ol —37 DATE: Jan. 16In 2001 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: WT 01-28 State v Cline This week's watch training deals with a recent Iowa Supreme Court case, State v Cline. The main significance of this case is that the Iowa Supreme Court states that it does not recognize the federal courts "Good Faith Exception" to warrantless searches. While State Courts may not interpret the constitution in more expansive manner than the federal court, it may interpret it in a more restrictive fashion. This training was forwarded by the Johnson County Attorney's office. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 0 1 -28 State v Cline Scenario - Des Moines PD officers responded to an abandoned building ref ongoing drug.. activity. Upon approaching the building on foot, officers heard a vehidc,."start.;'Th'e ' 'VA officers observed a vehicle backing from the rear of the property, the vehicle did not have it's headlights on. The vehicle was immediately stopped, and the operator, Heather Cline was subsequently handcuffed and searched. Narcotics were found her jean pocket. Officer testified at the suppression hearing that the vehicle was stopped to investigate the activity at the house and because the headlights were not on. Officers were going to search incident to citation (THIS IS PRE STATE V KNOWLES which specifically prohibits search incident to citation) and for officer safety reasons. The evidence was admitted to trial and Cline subsequently convicted. Cline appealed the conviction based on the constitutional reasonableness of the seizure. When heard by the Iowa Supreme Court, the state did not argue that the stop was pre - Knowles but that the search was based on the Terry Exception, and that the officer acted "In good faith". Critical Issues - Does the search as described meet the constitutional standard of Probable Cause? To what extent do Iowa Courts recognize the "Good Faith" exception to constitutional requirements that searches must be based on Probable Cause. Discussion - In deciding the case, the Court cites numerous court cases including Illinois v Wardlow, decided in 2000. The court determined partially based on Wardlow that Clines presence in an area known for its high drug activity and her attempting to leave the area upon the officers approach constituted Reasonable Suspicion. While officers could reasonably articulate a reason for stopping Cline, the facts as described DID NOT rise to level of Probable Cause, necessary to search her. The states 2"d argument was that if the officer erred in searching Cline, they were operating on good faith and the search should be allowed based on good faith exception cases decided by the US Supreme Court. The Iowa Supreme Court stated "We do not need to decide, however, whether the good faith exception applicable to Fourth Amendment claims would preclude reliance on the exclusionary rule under the facts of this case because we decline to adopt a good faith exception to Iowa's exclusionary rule under the Iowa Constitution. (emphasis added) The court goes on and discusses the cases, factors and rationale it used in making this decision. It goes on states "...given the similar wording of the Fourth Amendment and Iowa's search and seizure clause, these provisions are generally considered to be "identical in scope, import, and purpose." On the other hand, there is no principle of law that requires this court to interpret the Iowa Constitution in line with the United States Constitution, as long as our interpretation does not violate any provision of the federal constitution." "In other words, although this court cannot interpret the Iowa Constitution to provide less protection than that provided by the United States Constitution, the court , is free to interpret our constitution as providing greater protection for our citizen's constitutional rights. - I J, a I -il 1._. , r 1 IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-38 DATE: Jan. 22nd, 2001 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: WT 01-30 Consent Searches This week's watch training deals with Consent Searches of Vehicles. The attached video discusses the nuances and limitations of consent searches. Remember, consistent with the Profiling order, which goes into effect 211101, searches will need to be recorded consistent with the order. (17 minutes) Cc: Chief Winkelhake Capt. Johnson Capt. Widmer Watch Training 01-30 Consent Searches Scenario - You stop a vehicle for a traffic violation. While citing the individual you begin to develop a "gut feeling" which you cannot articulate that there may be contraband in the vehicle. You want to search the vehicle but are clearly short of the Probable Cause necessary for a search of the vehicle. Critical Issues - Is there any way in which I can search the vehicle. If I obtain consent, what are the limitations/scope of the search? Who can give consent to search the vehicle? How should the search be documented? Discussion - When searching conducting a consent search of a vehicle, it will need to be documented consistent with the procedures in G/O 01-01 Racial Profiling. In addition officers should make sure that the request and any subsequent consent to search is documented/recorded on their In -Car recorder. The attached tape discusses consent searches and the nuances affiliated with them. (ALERT VIDEO Series III Video 2 Vehicle Stops and Searches The Consent Search) FI!__FD '`."IF.l -1 (,�10:12 IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-39 DATE: Jan. 29th, 2001 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: NSF Investigations Beginning the week of Feb. 5th, 2001, officers will begin investigating "NSF" check cases. This is being done to decrease delays and the backlog of cases in the Investigations Section, and to allow officers to develop and enhance their investigatory skills. When conducting NSF investigations, officers must remember that the desired result is to get the person to pay off the check and not the filing of criminal charges. In those cases where the person refuses to honor the check or fails to respond to notices, the investigating officer may file appropriate charges. The filing of charges should be AFTER the report is completed AND the officer has sent the subpoena request to the County Attorney's office. One of the keys to investigating NSF case is the recording/documentation of all contacts. Investigator Schultz has suggested officers use a investigations daily summary form for each check assigned, to log all steps from assignment through disposition. You can use the form as your notes when writing your report. Cc: Chief Winkelhake Capt. Johnson Capt. Widmer FILED Watch Training 01-29 NSF CHECKS ".'' F't, - I r:il 10: 12 Scenario - Doug's Deli accepts a check in the amount of $48 fro}}iPenn�, Pifiehoo,The check is returned to Doug's for NSF. Doug knows Penny, an'd'tvas th'e person who accepted the check. Doug calls Penny and tells her she has 2 weeks to make good on the check. She fails to do so. Doug Contacts the PD and fills out the paperwork relating to a bad check. The check is forwarded to the Commander of the Investigations Section. Critical Issues - What steps need to be taken to successfully investigate a "bad check" case? What information MUST be provided for prosecution? What are the options when pursuing a NSF case? Discussion - When investigating "bad check" cases, it is preferred that the issue be resolved w/o filing criminal charges. That is, getting the person to take care of the check. This gets the money to the victim, keeps the suspect from getting a criminal record, and minimizes the number of cases which go through the Clerk of Courts Office and subsequently to trial. When this is not an option, officers need to file the appropriate criminal charge. To successfully prosecute a NSF case officers MUST: 1) Obtain the original check. (this should already be in the possession of the Commander of Investigations) 2) The victim must have completed a Bad Check Report form as completely as possible. The completed form will be forwarded with the case, from the Commander of Investigations. If a section of information is not available, the form must still be completed as completely as possible. (this should have already been completed prior to assignment) a. the name of the person accepting the check b. the date, (time if available), check #, dollar amount, purpose of the check (services, cash, merchandise) and means of identifying the person. I.e. knows the person, DL, ID... 3) Document that a "10-day" notice for payment has been sent. (this will be included when the case is forwarded from the Commander of Investigations) When assigned a NSF case, the assigned officer will be provided the above information. Upon assignment, the officer shall obtain a case and incident number and complete a face sheet and mark it Under Investigation. The original shall be forwarded to records and the officer retain the copy. He/she should then: 1) Contact the victim/business and advise them you have been assigned to the case; and a. Verify the suspect has not come in and taken care of the check. b. Advise the victim not to accept partial payment of on the check. (makes it a civil issue) c. Obtain the name of a business manager, bookkeeper or accountant who can testify to the business records. 2) Contact the passer's bank and verify that there were insufficient funds to cover the check. Obtain the name of the person who will testify in court regarding the status of the defendant's account. 3) Attempt to contact the suspect and give them a chance to make good on the check. This should be done even if there were previous notices or opportunities to pay. (allow the person a reasonable amount of time to take care of the issue) 4) If payment is not forthcoming, contact the County Atty. and request they subpoena the bank records. (form letter) 5) Write your report THEN obtain an arrest warrant. (On simple misdemeanor charges cite and release is the preferred method) There is no reason to obtain a warrant or charge the person prior to writing the report. Writing you report first minimizes time constraints that MUST be met by the C/A. The report should document contacts with the suspect and any time periods that were missed in regard to making good on the check. a. The case report should include copies of all documentation, notices and any correspondence, requests for subpoenas etc. If the suspect indicates the checks were stolen or that he/she did not issue the check, the officer needs to obtain a forgery affidavit from the person and complete a report detailing the facts to this point. The officer should then review the case with a Watch Supervisor to determine if the officer should retain case, or if it is of such a nature that it should forwarded to Investigations for further follow-up. If the case is retained by the officer, a copy of the report and the forgery affidavit should be forwarded to Investigations for review. ova ary CZSMEMORANDUM TO: FROM RE: DATE: Members of the Police Citizen's Review Board R. J. Winkelhake, Chief of Police {2/W 2000 YEARLY REVIEW February 2, 2001 r: to c� N Attached is a summary of the Internal Affairs investigations conducted by the Iowa City Police Department in the year 2000. Ten Internal Affairs investigations were conducted. Four of the ten investigations resulted from complaints filed with the Police Citizen's Review Board. Six of the complaints were made with the Police Department. Three times corrective action was taken. Corrective action was taken two times in matters brought to the attention of the Police Department and once from a complaint brought to the Police Citizen's Review Board. One case has not been completed at this time and one matter is pending with the Police Citizen's Review Board. 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