Loading...
HomeMy WebLinkAbout12-13-2005 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD December 13, 2005 - 7:00 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED . Minutes of the meeting on 10/11/05 . ICPD General Order #90-03 (Personal Appearance and Uniform Regulations) . ICPD General Order #99-01 (Police Vehicle Pursuits) . ICPD General Order #99-07 (Traffic) . ICPD General Order #99-1 0 (Domestic Violence) . ICPD General Order #99-11 (Arrests) . ICPD General Order #99-12 (Field Interviews and "Pat-Down" Searches) . ICPD General Order #00-08 (Weapons) . ICPD General Order #00-09 (Organization) . ICPD General Order #01-09 (Narcotics, Organized Crime and Vice Investigations) . ICPD Department Memo 05-58 . ICPD Use of Force Report (September 2005) . ICPD Use of Force Report (October 2005) ITEM NO.3 OLD BUSINESS ITEM NO.4 NEW BUSINESS ITEM NO.5 PUBLIC DISCUSSION ITEM NO.6 BOARD INFORMATION ITEM NO.7 STAFF INFORMATION ITEM NO.8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1 )(a) 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 01 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. ITEM NO.9 MEETING SCHEDULE and FUTURE AGENDAS . January 10, 2006, 7:00 P.M., Lobby Conference Room . February 14, 2006, 7:00 P.M., Lobby Conference Room . March 14, 2006, 7:00 PM., Lobby Conference Room . April 11 ,2006,7:00 P.M, Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: December 9, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on December 13, 2005 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 12/13/05 . Minutes of the meeting on 10/11/05 . ICPD General Order #90-03 (Personal Appearance and Uniform Regulations) . ICPD General Order #99-01 (Police Vehicle Pursuits) . ICPD General Order #99-07 (Traffic) . 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 #00-08 (Weapons) . ICPD General Order #00-09 (Organization) . ICPD General Order #01-09 (Narcotics, Organized Crime and Vice Investigations) . ICPD Department Memo 05-58 . ICPD Use of Force Report (September 2005) . ICPD Use of Force Report (October 2005) . PCRB Complaint Deadlines . PCRB Office Contacts - October 2005 . PCRB Office Contacts - November 2005 . News Release - 9th Annual Citizen's Police Academy . Updated Board member contact list 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 - OCTOBER 11, 2005 CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m. . MEMBERS PRESENT: Elizabeth Engel, Michael Larson, and Greg Roth MEMBERS ABSENT: Candy Barnhill STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present OTHERS PRESENT: Chief Sam Hargadine of the ICPO, Capt. Tom Widmer of the ICPO, Scott Kornblatt a UI student with a class in Journalistic Reporting & Writing, and Public, John Kirby (7:02pm). RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Engel and seconded by Roth to adopt the consent calendar. . Minutes of the meeting on 09/13/05 . ICPO General Order #99-04 (Canine Operations) . ICPD General Order #99-05 (Use of Force) . ICPO Use of Force Report - August 2005 Motion carried, 4/0, Barnhill absent. REPORT FROM NOMINATING COMMITTEE Engel and Larson were appointed to the nominating committee at the Septp.mber 13 meeting. Engel reported that the committee had met and would like to nominate Greg Roth for Chair and Candy Barnhill for Vice-Chair. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by Engel, seconded by Larson to prescribe the method of voting by a voice vote and use majority vote for the basis for decision. Motion carried, 4/0, Barnhill absent. Horton asked if there were any nominations from the floor. Hearing none it was moved by Engel, seconded by Larson to close nominations for the office of Chair and Vice-Chair. Motion carried, 4/0, Barnhill absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Greg Roth for Chairperson. Motion by Engel, seconded by Larson Motion carried, 4/0, Barnhill absent. NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON Candy Barnhill for Vice-Chairperson. Motion by Engel, seconded by Larson. Motion carried, 4/0, Barnhill absent. PCRB October 11, 2005 Page 2 OLD BUSINESS None. NEW BUSINESS None. PUBLIC DISCUSSION John Kirby inquired about policies and procedures of the Iowa City Police Department and the Review Board. After stating concerns pertaining to an incident, Kirby was supplied a complaint form and notified by the Board that he would need to file it with the Clerks office in order for them to review it. BOARD INFORMATION Horton apologized for missing the meeting in September due to a previous commitment. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. MEETING SCHEDULE . October 11,2005,7:00 P.M., Lobby Conference Room . November 8, 2005, 7:00 P.M., Lobby Conference Room - CANCELLED . December 13, 2005, 7:00 P.M., Lobby Conference Room . January 10,2006,7:00 P.M., Lobby Conference Room The Board discussed canceling the November meeting due to the lack of bl!siness. Motion by Horton, seconded by Engel to cancel the November meeting due to a lack of Board business. Motion carried, 4/0, Barnhill absent. ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 4/0, Barnhill absent. Meeting adjourned at 7:24. i , , , .. , , , - .. I , . ! , , , .. .. , I i '" - , ;:::; , , - . ... e<: .... ~ .... .... , .... - <"; <"; .-. , <"; 0 - Z i': 1': Z , i': cz:: ~ - ~2 - '-l ~ ~ ~ , ~ I <> 0 , , - :;;0 -. ~w ~ '" '-l '-l , -2 "" - 0 ~ 0 ~ , ~ ;> 'lTl - '" , ... 0 '" cz::...~ 0 . CIlWcz:: .5 '" '-l '-l ! ZZ~ - ~ 0 0 ~ ~ - oa ~~~ "" NO;... "" -Z :; ,... .... .... .... .... .... t:~ ~ , .... ~ .-. <"; <"; <"; , Wf- t::: 7: i': z: Z 7: , ~f- W~ ..,. '-l , - - ~ ~ ~ X 0 , .J ::0 , 0 Q.; 0 , - ~ ~ ~ ~ ~ I ~ .n '"' .... - - ~ .... , - .-. <"; <"; .-. , ;;, i': 7: 7: Z i': , .. 00 ~ ~ ~ ~ ~ , ;;; , , "0 "" .... '" "" 00 ~ ~ ~ ~ ~ ! = ..c N u OJ) E -- ~.S Q) - -- =..........~~ - .... .... ~ .... .... , = C "" ~ "" "< <"; <"; , "" "" "" E '" 7. Z Z i': %: , VJ VJ VJ ..... - ~..c..coo ._~ Q.~~;'-:;'-: :;; . t"- oo 00 '" ~. '" II II II II II cr: ~ q 0:0 Co Co Co Co '-l ~ .:.. - .:: ~ - - ",- :-<O-oi': , E-- [.I.1 C3 '" '" '" '" '" , Oz , '-l .c .c C = .... ~ " = .-. ~-.:.a ~ ~ 0:: < -"'- ... ; ~ 0 Z '0 = " " ,,_ OJ) " .- - '" ;... = ... .~ ~ ... ... " OJ) = " ... " " o 0 ... 0:- ;;: ~ ~ U~ ~~ ..; :t i" 0:::;: .-...l ADM-03.1 PERSONAL APPEARANCE AND UNIFORM REGULATIONS Date of Issue General Order Number MAY 23,1994 90-03 Effective Date Section Code MAY 27,1994 ADM-03 Reevaluation Date Amends / Cancels November 2008 10/05 I CAL.E.A. I Reference I INDEX AS: Ammunition Specifications " 0 c:;,;.-, = Care of Uniform Clothing and Equipment 51: "'.., <--.... .' 0 Leather Goods Classification ->=-1 ri () "-C~ --i 11 Personal Appearance - --)( Q) ,-- Replacement and Maintenance of Uniforms ,. . ~-< r--- "1 r';; "'l"J ' , Wearing of the Uniform .._-~") ::Jl;: '-", C)~_. -.j ;2:/" " PURPOSE: )> C> co The purpose of this order is to establish the standards of uniform dress and authorized equipment for sworn officers and uniformed civilian personnel. ADM-03.2 I. POLICY - UNIFORM REGULATIONS A. All sworn and uniformed civilian personnel of the Iowa City Police Department are governed by this order. B. All sworn and uniformed civilian personnel, while on duty, shall wear the prescribed uniform, except: 1. When traveling to and from work (optional). 2. When on special assignment and authorized by a commanding officer. 3, When making a court appearance, outside of regular duty (optional). 4. When making public appearances and authorized by a commanding officer. 5. When assigned to Criminal Investigation's Section. (Criminal Investigation Section Commander, investigators, and youth officers, unless otherwise directed by the Division Commander or the Chief of Police, C. All sergeants and watch commanders shall wear the prescribed uniforrn while on duty, except as noted in (8) above. D. Uniforms, when worn, shall be neat, clean, and well pressed. Shoes, leather, and brass shall be polished. E. All officers assigned to plainclothes duties shall carry the issued badge case with shield while on duty. In the case of an emergency situation, planned raid, etc., the shield will be displayed in a prominent place for identification purposes. II. UNIFORM All uniforms will be approved and issued by the Department. No substitutions, changes or variations may be worn unless approved prior by the Chief of Police, Uniforms will be classified as "Summer" and 'Winter" and "Class A". 0 "'.:1 1:':::::- A. Patrol Officer & Serqeant "':;:-- "'" ~S"O (;..rl -'~----. C::> -.[ ('") "-. ...... -. 1. Dark navy shirt '- , ' 17 '--": - 2. Dark navy trousers, and -.[c. 0,) -- ...."<r<~' ----... 3. Dark navy tie or dark navy/black turtleneck/dickie (winteff; ~e :::2 -77 4. T-shirt bluelblack or white (sumrner) :f! ';', ;: r"--, \...--1 5. Dark navy outer garment )S: c; Co ADM-03.3 B. Watch Commander, Captain. Chief of Police 1. Dark navy shirt 2. Dark navy trousers, and 3. Dark navy tie or dark navy/black turtleneck/dickie (winter) 4. T-shirt dark navy/black or white 5. Dark navy outer garment C. Communitv Service Officers 1. Ll. blue shirt 2. Dark navy trousers 3, Dark navy tie or dark navylblack turtleneck/dickie (winter) 4, T-shirt dark navylblack or white (summer) 5. Dark navy outer garment D. Communications 1. Black polo shirt (short sleeve-summer, long sleeve-winter) 2. Tan trousers 3. Sweater E. Records 1, Maroon polo shirt-summer, tan long-sleeve denim shirt-winter 2, Tan trousers-summer, black trousers-winter 0 ,~ = = F, Animal Services Personnel <0 c.n 0 '1">- " - -' , ---< 1"1 r' -<~ 1, Light brown shirts - long-sleeve and short-sleeve ' 0 - -----4l en r- 2. Dark brown trousers ,,-<(r- Tj 3. Dark brown/white turtleneck/dickie (winter) fT: -0 ~- -r 3: !--! '}-,} 4. T-shirt tan, black or white ~/, <....I .r- ""- 5. Dark brown outer garment );> a co Animal Services personnel other than officers are authorized to wear approved jeans or tan colored trousers along with Departmental issued t- shirt and sweat-shirt. G. Department Shoulder Patches Uniformed Patrol, Community Service and Animal Service officers will wear Departmental approved shoulder patches on all uniform shirt and coats. ADM-03.4 H, Class "A" Uniform The Class A uniform will consist of a dark navy dress blazer and matching trousers, It is to be worn with the winter shirt and tie. The dress hat is a standard part of this uniform. The Class A uniform will be issued to Command Staff and worn at formal events as directed by the Chief of Police. III. WEARING THE UNIFORM The following regulations will apply to all Departmental personnel, while in uniform. A, Cap 1. The uniform cap will be worn at the discretion of the individual officer, except when directed by a supervisor for ex1ended periods of special duty, such as parades, formal or ceremonial functions, funerals. 2. The cap will be worn in such a manner that the lower-most part of the cap bill will be on a line horizontal with the eyebrows. 3. All caps will be worn with the plastic grommets in place, not removed, The proper cap shield shall be worn on the cap at all times, Patrol officers shall wear a black vinyl cap strap with gold buttons. All personnel above the rank of patrol officer shall wear gold cap straps and gold cap buttons. The Chief, Captains and Lieutenants are authorized to wear rank specific gold embroidery on the bill of the cap. NOTE: All patrol personnel and CSOs will have a Departflli!ntal i~s,ued dark navy "Arctic" fur hat andlor a stocking hat. These fiats m~ be prescribed as part of the uniform of the day in ex1remely cold ~~er. g n-< -j ."II B. Shirts - ---JC co i- ~~-<" f~~.- n, -0 iTj 1, The long-sleeve shirt may be buttoned at the collar arifJ ~rn:With f!-.J tie or open collared with an authorized t-shirt, turtle~ck odJickie. Shirt sleeves will always be buttoned at the cuff and never r@d up at the wrist. 2. Short-sleeve shirts will be worn as part of the summer uniform only. 3. On April 1 of each year, officers may elect to switch from winter to summer uniforms in advance of their watch. The watch will switch as a whole by May 15. 4, On September 15 of each year. officers may elect to switch from summer to winter uniforms in advance of their watch. The watch will switch as a whole by November 1. ADM-03.5 5. Uniform shirts shall have the pockets buttoned, with no bulky items contained therein. It is recommended that no items (pens or pencils) will be visible protruding from the pocket or flap. 6. T-shirts When a uniform shirt is worn without a tie, turtleneck or dickie a high neck style t-shirt will be worn. V-neck T-shirts are not authorized with the open collar shirt. The T-shirt sleeves shall not protrude below the sleeve on the short-sleeve shirt. C. Ties and Tie Bars 1. Ties worn by Department uniformed personnel shall be the official departmental specified tie, No other color or style will be permitted. 2, Only Departmentally authorized tie bars or tie-tacs are permitted. No other insignia tie bars or tie-tac shall be worn. The tie bar.s or tie-tacs will be worn at a point on the tie parallel to the bottorQ~ th~hirt pocket flap when the flap is closed. )'; =') g ~. -< 11 CJ - _ __ 3. The wearing of tie-tacs or bars is optional. ;:::.~ ~.~ Q) r^- '-'} n-! -0 i J D. Trousers 02" ::r.: U ~ ,/, .r- )> .. 1. All trousers will be of a length that allows the cuff to touch th~p of the shoe at the laces. Any lesser length will not be permitted. 2. Trousers will be clean and pressed at all times and will not be worn if showing signs of wear. 3. Except for special assignments, trousers shall not be worn bloused or tucked into boots. E. Shoes and Socks 1. Shoes shall be a black military style boot or oxford with a plain rounded toe. Any other style of footwear must be approved by the Watch Commander. Shoes or boots with any type of decorative stitching or adornment will not be allowed. Shoes and boots shall be kept clean, shined and in good repair. 2. Socks shall be black or dark navy in color, of sufficient height to cover the exposed leg area. 3. Socks of other color may be worn if required for a medical condition but the exposed portion of the sock must be black or dark navy in color. ADM-03.6 4. A black lace type or pull-on boot is acceptable as winter footwear. Wearing of the winter footwear will be determined by the weather conditions and approval of the Watch Commander. G. Other Garments 1. Jackets and coats shall be of the color and style approved and designated by the Department. 2. The Department prescribed light-weight jacket shall be worn during the fall and spring at the discretion of the division commander. 3. The prescribed winter jacket shall be worn as the cold weather garment for normal duty assignments, 4. Gloves - only gloves approved and issued by the Departmer,! shall be worn. = is ~ >0 C':) ..,<. ....'J 5. Raincoat and cap - only rain gear as approved andjrsSt)ed ~ th8fl Department shall be worn. () ~< ;;; i- --;~'. ;Ti ~-<... \-n -0 H. Emblems and Insiqnia _.~ .-.~ o :-~~~ '--...1 ~/' r 1, With the exception of raincoats. all outer garments an1i>shirts~ the prescribed police uniform will have affixed to them an official Iowa City Police Department patch, Exceptions to this are personnel assigned to Communications, Records and other than Animal Service Officers. 2. Unless exempted, all uniformed sworn and civilian personnel shall wear the prescribed name plate, with their name and serving since date engraved on it. Name plates shall be worn on all uniform shirts, just above the flap of the right breast pockeVarea. a. All uniformed sworn personnel will wear a gold colored name plate. b. Uniformed civilian personnel will wear a silver colored name plate. c. Animal Control will wear a name plate as designated by the Chief of Police. d. On all Department issued coats, a cloth name patch will be sewn on the right front identifying first initial/last name. 3 A police shield issued to a uniformed officer or civilian shall be worn on all outer garments and caps (stocking cap exempt) while on duty. ADM-03.7 Uniform shirts and jackets have tabs for the wearing of the shield and they shall be worn on the tabs. 4. The designation of rank insignia shall be worn as prescribed, Sergeants shall wear three stripe chevrons on each sleeve of all long- and short-sleeve uniform shirts and on all jackets, excluding rainwear. Above the rank of Sergeant, uniformed personnel shall wear rank designation on the collars of each shirt and on the shoulders of each jacket. The rank designation will be as follows. ,~ c:~ 6 = <:fl a] Lieutenant - single gold bar :2:0 c' )>"=~ co 11 -{ C)-< - r'- b] Captain - double gold bar =-~I~-~ m 'iT'1 - rn -0 r-t c] Chief of Police - gold eagle or four gold stars. IJJ-~ =:: \J ~~ r' ~ - 0 NOTE: Insignia will be one inch from the outer ed~ of th~hirt collar and centered between the top and bottom of the collar. 6. Officers receiving meritorious awards shall wear the award's designated ribbon under the officer's shield on the left breast pocket. 7. No other insignia, pins, charms, etc" may be worn on the uniform except those outlined In this General Order, unless express permission of the Chief of Police has been obtained. 8, Jewelrv For sworn officers, CSOs and Animal Service Officers, the only jewelry which may be visible while on duty is a watch, conservative rings, and a tie c1asp/tac. Specifically forbidden are items such as earrings, facial jewelry, necklaces, bracelets, and other items which may be considered unsafe when in a scuffle. Other non-sworn employees may wear visible jewelry, as long as it is conservative and does not interfere with assigned duties. IV. EQUIPMENT A Protective Body Armor All sworn Iowa City Officers will be furnished body armor. It will be maintained and replaced utilizing standards recommended through the National Institute of Justice, Officers are encouraged to wear their body armor at all times while on duty, but as a minimum, must have their body armor readily available in their assigned vehicle when away from the police department. The exception to this would be officers assigned bicycle duty, do not need to carry their body armor on their bicycle. ADM-03.8 B. Ammunition All sworn personnel shall be issued ammunition. No other ammunition, except Department approved, will be carried while on duty. C. Weapon While on duty, all sworn personnel shall carry a Department issued sidearm weapon. The make, barrel length and type of weapon shall be designated by the Chief of Police. D. Handcuffs One pair of handcuffs are issued by the Police Department. An officer may carry an ex1ra pair of hislher own, if so desired, in a case issued by the department. E. Pen Personal preference, but with black ink. F. Watch Personal preference, but capable of keeping accurate time. G. Flashliqht ....., = 0 = C~ As furnished by the Department. :'2:0 0 b-- rJ Il ~:, ~1 ---l _/ C)' - ,-- H. Asp --tC-:; O'J ~ ,-- iTI ~ "n-1 "'tJ :-~ As furnished by the Department. 02 ::i:: '.J ::E /'- r- I. Traffic Whistle ):> 0 u:> As prescribed by the Department. v. LEATHER GOODS All leather goods, except jackets, shoes, and boots, worn by uniformed sworn and uniformed civilian personnel, will have the black, basketweave design, All leather goods shall be kept clean, in good repair, and will be polished at all times. For regulation wear, the following leather items are approved and required: A. Belts ADM-03.9 1. The 2-1/4" wide utility belt will be the main outer belt worn by all uniformed sworn personnel, below the rank of Captain, for street use. The prescribed 1-1/2" to 1-3/4" trouser belt shall be worn under the utility belt. 2. Belt buckles and keeper snaps will be brass and of the Department authorized style, 3. Officers assigned office duty will be allowed to wear alternative belts as approved by the Chief of Police. B, Holster 1. Officers will be issued holsters compatible with the type of weapon they are issued, Any other holster (shoulder, etc,) used while on duty must be authorized by the Division Comrnander. 2. An alternate holster may be worn by officers assigned to office duty if authorized by the Chief of Police. 3. While on duty, sidearms will be carried by plainclothes officers in an authorized and approved holster. C. Maqazine Pouch '"" 0 <-~ = <;: <-n The magazine pouch is to be worn on the belt and readily acc~~le, B T1 ,.-, --, ,. j - '- D. OC Holder -'C) co ~- .-<r-' !T1 m -0 The OC holder containing the Departmental authorized cani~a5f oJ;f is to be worn on the opposite side from the holster. f;.,; UJ E. Handcuff Case The handcuff case is to be worn on the belt and readily accessible. F. ASP Carrier The ASP carrier or scabbard will be carried in a readily accessible position. G. Portable Radio Holder The portable radio holder is to be worn on the opposite side from the holster. H. Flashliqht Holder The flashlight holder is to be worn on the belt in a readily accessible position. ADM-03.10 I. Belt Keepers A minimum of four belt keepers will be worn. Two keepers will be worn in the front, one to the left and one to the right. A keeper shall be worn between the holster and asp carrier. The two remaining keepers will be worn positioned to the corner of the rear trousers pocket, on each side left and right. All belt keepers will be worn attached around the utility and trouser belt. VI. SPECIAL ASSIGNMENTS / NEED Uniforms and equipment needed outside of the general issue for special assignments / need (Bicycle Patrol, Walking Patrol, SCAT, SRT and Pregnancy) will be issued and replaced as directed by the Chief of Police, VII. CARE AND REPLACEMENT OF ISSUED POLICE EQUIPMENT All Departmental employees are responsible for the care and maintenance of their issued uniforms and equipment. Should any items become worn or damaged, a request for replacement is to be made with the Captain of Administrative Services. When approved, the damaged or worn item will be turned in as an exchange. d'~;#~-f SAMUEL HARGA I E 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 adrninistrative sanctions. 0 ~.., ~ ~() CF, ~----: e:-, r)::::J ,) , ' -, JJ :::::rc", - ,-"'(r< co r- _,i7 ..", :17 c:;, ;;g ::)f .1-----1 ::s: /, .c- \.......1 ::i;; " a '0 ADM-03.11 Sketch Examples - Lieutenant Captain OPS 02.1 POLICE VEHICLE PURSUITS Date of Issue General Order Number Februarv 10, 1999 99-01 Effective Date Section Code October 20, 2005 OPS-02 Reevaluation Date Amends / Cancels November 2006 10/05 90-01 OPS-02 C.A.L.E.A. Reference 1.2.7,1.3.2,41.2.1,41.2.2,41.2.3 See Index INDEX AS: Use of Force Tire Deflation Devices Vehicle Pursuits "'-, 0 (,;:-',> ,;;"-, Reports ..,.--. rJl :::>r--, (.=;J 5>~-~ Co ----I -I -Tl I. PURPOSE ,~....... ---~ ',.1 N =;J ;:= - - .... '-" ,-n It is the purpose of this policy to state the guidelines to be followed duri~ 23 CJ =:: "'-, '--' vehicular pursuits. ?: /'- - .. )'> (f1 r~ 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 02.2 III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles, 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. "''' Q C'_, C:::l en 2. The driver of any authorized emergency vehicle, ~<:J: ~ II a, Park or stand an authorized emergency vehicle() -< N irrespective of the provisions of this chapter. ::::; C; - 'Tl b. Disregard laws or regulations governing dif8atjQn :Q! ---~ _.1 _ '-..1 movement for the minimum distance necessary qefGJe an :"> .- alternative route that conforms to the traffic ~s all9t regulations is available. 0:> 3. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. b. Exceed the maximum speed limits so long as the driver does not endanger life or property. 4. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433, or a visual signaling device approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. a. Police bicycles shall be operated in accordance with General Order 00-07 Police Cyclist. b. The operator of a police bicycle, may, in the line of duty, do any of the fOllowing; Proceed past a red or stop signal or stop sign, but only after slowing down as may be OPS 02.3 necessary for safe operation; Exceed the maximum speed limits so long as the driver does not endanger life or property. 5, The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect. IV. PROCEDURES A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuit are: 1. Time of day - high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. 2. Volume of vehicular traffic - pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit - pursuits through residentigL area~or along streets near or adjacent to schools are no@ally nWre hazardous than those in lightly populated areas. ),:;;8 S --n r-, -:::- - 4, Weather conditions. =3 G ~ !-~ "',:- : I 1 5. R d dT rTi "._, oa con I Ions. O:::Q ~ <J //" - 6. Speed involved. ~ ~ co 7. Nature of the offense - pursuits for persons suspected of involvement in felonies are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. 8. The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. OPS 02.4 10. Consideration should be given to whether the offender can be identified and therefore apprehended by other means? B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: PURSUIT DECISION MATRIX GUIDES LOWER RISK ......, 0 c::::> 1, Marked vehicles c--:_~ >0 <:..s\ Straight roads, good surfaces, clear line of sight C) 2. )->-~: C") 3. Few intersections C) -<:, -l !l N '- --iC ,--- 4. Few or no pedestrians - ..:-"<r-- --'I 5. Good weather r: ; -0 - , No hazardous maneuvers by violator Q?:! ::t: ;"-'1 6. '---' - 7. Speeds at or less than 20 m.p,h. over the posted init .. en 8. Officer is calm and in control Q) 9. Lack of special circumstances (i.e" school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2, Light pedestrian traffic 3, Moderate traffic, little congestion 4. Speeds 20 m.p.h, greater than the posted speed limit 5. Officer generally calm, under control 6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass vehicles, sudden lane changes) by the violator. HIGH RISK 1. Frequent intersecting streets (i.e., a business district) 2, Poor weather, slippery streets, low visibility 3, Blind curves or intersections. narrow streets 4, Numerous pedestrians 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. OPS 02.5 7. Extremely hazardous maneuvers (Le" driving against oncoming traffic, failing to stop for red lights) by the violator 8. Numerous vehicles in pursuit 9. Officer excited, not in full control of emotions 10. Existence of special circumstances (Le., school zones, hospitals, etc,) NOTATION The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. PURSUIT DECISION MATRIX NATURE OF LOWER RISK OFFENSE VIOLENT FELONY May Pursue. May Pursue. May Pursue. IMMINENT Continue To Assess Continue To Assess Discontinue If Risks THREAT Risk, Risk. Exceed Known Threat To Public Safety If Capture Is Dela ed. FELONY-VIOLENT May Pursue. May Pursue. CRIMES Continue To Assess Continue To Assess Risk. Risk. May Pursue. Continue To Assess Risk 0 c::-~> c:;:;) ~-C) c.,., ''--' ~>=.i c') ,.1-< -., Il ;.2/~) N - - ,'..--- rl-; -0 '--n C5~J :3'::- 1-'.-, ~/, - l,__j )> " CJ1 co OPS 02,6 Officers must continually assess the nature of the offense against the risk factors, An officer's response must be consistent with the Pursuit Decision Matrix. C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Operator by the initiating officer. The initial information will include: 1. The reason for the pursuit 2. The location, speed, and direction of travel 3. The description of the fleeing vehicle, including license plate number. 4. The number of occupants and description of occupants if observed, 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities - Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. The communications center will have the following responsibilities: 1. Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non-emergency radio traffic to stand by and give the pursuing officer priority use of PD1, The ECO will advise the pursuing off~r of Wy pertinent information concerning the area of the P!li~t. ;;: ..J>::::; C) .-<' --t If 2. Notify a watch commander/supervisor of the~Pfl{su/t0 in ;::::: progress. .....( ;'-'Ti n: -0 1 i r ""1] :I: {-.~~ 3. The ECO shall record on the CAD log all the~ormlttion '--' furnished by the officer during the pursuit. }> U1 co 4. As long as the pursuit is continued, the ECO will manage the pursuit communications by re-broadcasting transmissions of relevance to other units involved. 5. Contact surrounding agencies and advise them of the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. OPS 02.7 6, When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7, As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. E, Supervisory Responsibilities 1. A supervisor shall assume control of all pursuits. This can be accomplished through radio communications, Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing suspect, tactics to stop the fleeing vehicle, and coordination of all officers. 4. Supervisors shall intervene and correct any misuse of police personnel involved in the pursuit. 5. The supervisor may, at any time, order the termination of the pursuit when, in their judgement, the necessity of apprehension is outweighed by the level of danger created by the pursuit. 6, Supervisors shall also assure that sufficient patrol strength is maintained within the city to handle routine calls for ~ervice", 0 C:::;l = 7. The supervisor in charge of the incident shall ap~ a~ special tactics to stop the vehicle, ,_) ::.;J ::..; _t] :'__ N _.!(---, - - F, Pursuit Tactics _:-<~ (:_-' 'II ITI " O:u ::t:: ,---, NOTE: Pursuit at high speeds under the best of co~iffons;js \....J an extremely dangerous situation. Any tactic corifemplated when high speed is involved, requires advance planniWg, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following OPS 02.8 are some possible alternatives to consider when determining methods of stopping the fleeing vehicle. 1. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2. Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle, Remember to clear the road and select a safe location. 3. Use tire deflation devices to bring vehicles to a controlled stop. 4. Do not use the spotlight focused on the back window of the pursued vehicle. 5, Stationary roadblocks - because of the inherent danger of the use of stationary roadblocks in pursuit situations, it is the policy of this department that stationary roadblocks will be used for the purpose of stopping fleeing vehicles only: a) As a last resort, in those exigent cases where the use of deadly force would be justified to prevent injury or death to the officer or other persons, a stationary roadblock may be considered. If suitable materials such as construction barricades are not available, unoccupied police vehicles with emergency lights in operation may be used, as directed by the watch commanderlsupervisor. b) Stationary roadblocks will only be set up with the authorization of the supervisor in charge of the incident. To avoid creating an unnecessary hazard to pursuing officers and innocent persons, the roadblock will be located in an area of high visibility which provides a safe stopping distance for oncoming traffic. Under no circumstances will roadblocks be barricaded by occupied or private vehicles and all efforts will be made to remove private vehicles from the path of the pursuit. - '" 6, Moving roadblocks are prohibited without the ~~es@i' authorization of the supervisor in charge of the incid€IA~j g C) -".~ -t -!] 7. Ramming will only be considered to stop a fleeing ~Ie ~ j--- a last resort, and then only In those extreme cage3:Lwh6r8 rn O-u -e; sA.' - --~l ~ ::- '..J' c.r, 0) OPS 02.9 the use of deadly force is justified to prevent injury or death to the officer or other persons. The officer must consider the extreme danger to himself/herself, occupants of other vehicles and other users of the roadway, Permission to make deliberate contact with the offender's fleeing vehicle will be received from the supervisor prior to initiation of the act. 8. Specialized Police Vehicles a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, I.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate until marked police units arrive, 9. Following the Fleeing Vehicle a) All units will be spaced in such a manner to allow time to react to evasive maneuvers of the fleeing vehicle or another police vehicle, b) Officers will not pursue the fleeing vehicle the wrong way on interstate or controlled access ro~ways,~r one way streets, unless specifically autho~~ to~ so by a supervisory officer. P =-, g n-< -< !l :::....-:' "> ~ 10. Aid to Outside Agencies ,~p -- .:: a) Whenever units of another law enforcerT).~-f3g~y ;_1) are engaged in a pursuit and request ass~e fr.om '-.....1 the Department, the requesting agency iJ;jall aQYjse the emergency communications center of the naRJre of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in a pursuit, it will be the responding officer's responsibility to advise a watch supervisor and communications of the request and the circumstances surrounding it. b) The watch commander/supervisor must approve the request before any action is taken. OPS 02,10 c) No more than two Iowa City Police Vehicles will actively become involved in a pursuit initiated by an outside agency. This DOES NOT preclude other officers from deploying tire deflation devices, blocking intersections or otherwise assisting the outside agency. d) In instances where a vehicle is pursued by two or more vehicles from an outside agency only one Iowa City Police Vehicle may actively become involved in the pursuit. The operator of this vehicle shall communicate the speed, direction of travel and other information to the Iowa City Emergency Communications Center. 11, Firearms a) Except under the following circumstances, shooting from or at a moving vehicle is prohibited, (1) When an occupant of the fleeing vehicle is utilizing deadly force against the police officer or other persons. (2) As a last resort to prevent death or serious injury to the officer or other person(s), (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when ~re i~ a substantial risk to the safety of oth _ cl)ersens, including risks of causing vehicle accidents\> _ " g I --i -n ,:;-, I '-- N- 12. Number of Pursuit Vehicles ~-=< p - :--- a) The number of Iowa City Police vehisJe~ac~ly :-c! involved in a pursuit should be limited to Qtvehi.cLes, \".-1 a primary unit and a secondary unit. OOer of@i3rs will be kept informed of the pursuit and should be<1n a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. d) Secondary units shall provide backup to the primary unit and may assume the pursuit should the primary OPS 02.11 unit become disabled. Secondary units should also ensure that communications of pursuit status is maintained. V. TERMINATION OF PURSUIT A. Pursuit shall be terminated under anyone of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2, Upon the determination of the pursuing officer that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non- violent felony and the identity of the violator is known. 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non-violent felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as, at rush hour or in the area of any school. C, The termination of a pursuit does not prohibit following the pursued vehicle while obeying all traffic laws, or remaining in the ~a to rft. initiate contact if circumstances dictate. s: % "n "" ~i"" J CJ -',..... --- -', ('") C)-< -, -1 ~:},~: I\:J -J - {~- _rf) ~ -- C> ;;] ; II ~~ - r-I - "-' ):?: 00 cr, I.D OPS 02.12 VII. REPORTING A. The pursuing officer will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The watch supervisor will forward a written report to the Division Commander within 10 days unless an extension is allowed by the Commander of Field Operations. The reports shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures, 3, Were there other units involved and did they follow procedures, 4. Did communications perform their responsibilities. 5. Did supervisors perform their responsibilities. 6. Was force used to stop the vehicle, i.e. roadblocks or controlled stopping devices. 7. Were procedures followed regarding termination of pursuits. B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police, The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be completed. D. As a vehicular pursuit is deemed a "use of force", the Department's Use of Force policy and Use of Force continuum apply to vehicular pursuits. - '" o g VIII. TRAINING ;Eo ~ ..1>_) =; _ Officers shall receive annual training in the use of forcibl~ ~~op~g ;D techniques. .:-( r: 'Tj IT; -0 ' 0_- ::c ::r--, __ X \...J ;2:: ::- ~4~ ~ Sa uel Harga e, Chief of Police OPS 02.13 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. 0 "" = "', ~~ en <::> ("') ,~--:c'- --< -JJ ~ N ----i('; - ! ,-<r- rn i] " : j --, ''n ::z: r-l 0",'" ;E/" - \......'/ ):>: " en <.0 OPS-11.1 TRAFFIC Date of Issue General Order Number Julv 30, 1999 99-07 Effective Date Section Code October 20, 2005 OPS-11 Reevaluation Date Amends / Cancels Auaust2007 I C.A.L.E.A. I Chapter 61 1"",) 0 c:.-, .::c:::) INDEX AS: ~~o '~.1 Arrests Traffic Stops J> :::~l n -< -1l Traffic Enforcement Citations C) --'- N -- - r- Parking Enforcement Traffic Exemptions ,,- " --<;--- '--j rn -u : r Alcohol Enforcement d2~ ::<: ;~ '....J ::::~ - .. I. PURPOSE >' CJ1 \D 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 aggressive enforcement by officers. II. POLICY It is the policy of the Iowa City Police Department that motor vehicle stops will be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the roadway. It is the purpose of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and motorist. OPS-11.2 III. PROCEDURES The Iowa City Police Department does not use a "quota" system for the evaluation of an officer's traffic enforcement activities. All officers assigned to patrol are expected to exercise traffic enforcement as a part of their normal duties and take those steps necessary to obtain compliance with traffic laws and will determine the appropriate action when dealing with violators. The emphasis will be on qualitative not quantitative enforcement activities. When deciding on the appropriate enforcement action officers should consider the seriousness of the violation and the circumstances surrounding the violation. In instances where the violation is a simple misdemeanor officers may opt to warn or cite the violator. In deciding to arrest a person for a "citeable" offense the officer should have an articulable reason for this action, This reason needs to be more than a "bad attitude", Warnings may either be verbal or written in nature. In instances where the offense is a serious misdemeanor or higher, officers should take the violator into physical custody. Arrests of all types should conform with departmental requirements pertaining to arrests. When a traffic citation is issued, the officer shall request the incident number for the stop and write the incident number on the citation, Officers shall include the incident number on all related charges and documents. Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The guidelines in Appendix II are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. Enforcement Techniques The Iowa City Police Department utilizes varied and diversified techniques in traffic law enforcement. Many variables must be considered when evaluating tactics to be used on a specific problem. It will be the responsibility of the officer, in consultation with the watch supervisor, to determine the tactics to be used. The tactics or techniques that may be used include but are not limited to: 1. Visible traffic observation. Stationary observation in which-lhe ob~rver officer is in full view but so located as to require effort on thEQ>art ofataffic -s. '"-" to discover the observer. ';; 0 c -" --.! c-:. -,' --. -n 2. Concealed traffic observation, Stationary observation ~CYvhiCl:l tfi&:: observer is not visible to persons using ordinary powers -Of,ws~atiarri from the roadway. 022 :::;:: LJ <;"A _ 5> -. en \.0 OPS-11.3 3. Conspicuous traffic observation. Stationary observation in which the observer is positioned in such a way as to "attract" attention by keeping in full view of traffic. 4. Area traffic control. Moving or stationary patrol observation in an area which includes a particular number of streets, roads or sections of highways. 5. Line traffic patrol. Moving or stationary observation on a specified route between two points, usually on one street or section of highway. Directed enforcement will be determined on a "as needed" or "as available" basis, Directed patrol may be used for a specific violation identified in a particular area or at a specific time, or in response to an anticipated traffic pattern for a particular event. Directed patrol also includes the tactic of "Saturation" patrol in a specific area for either a specific violation(s) or for all violations. The watch supervisor has authority to determine the type and number of vehicles to be used for a specific type of traffic patrol. The use of an unmarked vehicle for traffic patrol will be used only upon authorization of the watch supervisor. The Iowa City Police Department will only use equipment which meets or exceeds requirements of the FCC and/or the NHTSA. Officers may use only those speed measuring devices approved by the department and in which the individual officer has been trained, and where applicable, certified. Said training will include instruction on the set up, testing, operational use and reading of the device. Officers shall set up and use speed-measuring devices in a manner which is consistent with their training and the manufacturer's specifications. All training will meet or exceed the requirements of the NHTSA. Prior to the use of a speed-measuring device the officer shall check the equipment according to the manufacturer's specifications, If any discrepancy exists the officer shall not use the equipment. The officer shall make note of the problem and forward an equipment repair sheet to the watch supervisor. It is the responsibility of all officers to see that attached speed measuring devices are properly cared for. The Commander of Field Operations or hislher designee will see that all equipment is maintained and calibrated according to manufacturers specifications and will maintain the records for the duration of the lifetime of the speed measuring d~e wit~he department plus two years. The sergeant in charge of vehicle i~tio~ or his/her designee will be responsible to ensure that all video-re2(j@jng .'!Jl1itsll are operational and have been properly maintained, Q ,'~ ~ ;_~_ '\._' . ,-<: 1'--- r-;-~~ C rr' -0 :. I ALCOHOL ENFOR EMENT ;"- -,-] ::t: ,_~ The Iowa City Police Department will create special enforcem~pprograms,j aimed at the enforcement of Operating While Intoxicated @Ws, tkese programs may be in conjunction with other law enforcement agencies Within the area, In an effort to minimize the damage done by drivers who are intoxicated or drugged, the Iowa City Police Department places a high priority OPS-11.4 on the training of officers in the detection and apprehension of intoxicated or drugged drivers. The department will actively pursue state and federal grants pertaining to alcohol enforcement. The Department may also use directed patrol in areas or engage in traffic safety checkpoints that could result in the identification of intoxicated or drugged drivers. When available, an officer is to be assigned to the traffic function for each watch, This assignment is to concentrate on, but not limited to; speed violations, child restraint violations, seat belts and OWl enforcement. All officers, whether on general patrol or directed enforcement duties, should be alert for driving behavior which may indicate that a driver is operating a motor vehicle while intoxicated or on drugs. When such an observation is noted the officer should: 1, note unsafe or erratic driving sufficient to establish enough reasonable suspicion for a traffic contact to be made but should not let it continue so as to endanger the public or the operator of the vehicle, Officers should attempt to stop the vehicle in an area that will not interfere with or endanger traffic; 2. prior to the initiation of field sobriety tests, note the demeanor, actions and signs of intoxication, These indicators should be noted in the OWl packet; 3. attempt to administer field sobriety tests on all drivers suspected of driving while impaired, The information gathered during the administration of these tests should be recorded in the OWl packet. Field sobriety tests should include but are not limited to: HGN, Walk and Turn and One leg stand. The administration of a Preliminary Breath Test should be done at the completion of the field sobriety tests; 4. if the operator refuses to submit to field sobriety tests, or is impaired to the point it is unsafe to administer the tests, or is otherwise unable to perform the tests, base the decision of whether to take the person into custody on other observations of the operator's condition. This may include the statement of witnesses if applicable, If the person refuses to submit to preliminary breath test they may be transported to the police department for further testing. If based on the officer's observation of the operator and the circumstances surrounding the incident the officer believes the person is intoxicated, the person may be arrested forauspicipgl of Operating While Intoxicated; ::::0 &; ".:._':: a -"- --I c-) 5. if the person is arrested for suspicion of OWl, a search of the p-.ers~ arlijTl vehicle maybe made incident to arrest. The vehicle may b~1th'er i5arke~r- towed, or turned over to a sober driver; at the officer's (3i@-eti!jE1 a~J} depending on the circumstances. :5 7; _ \.J P .. (J"l 6. The administration of Implied Consent, and the breath or other C/'iemical test, shall be pursuant to state code, guidelines from the Department of OPS-11.5 Transportation, and Department of Criminal Investigation. In instances where the operator of the vehicle is involved in a crash resulting in death or serious injury and the operator refuses to provide a specimen for chemical testing, contact the on-call County Attorney for assistance. In instances where the operator is unable to consent or refuse, use the request for chemical test forms pertaining to intoxicated drivers who are in that circumstance; 7, In instances where the officer believes the operator is impaired but chemical testing indicates a BAC of less than .OS, the officer may contact a departmental Drug Recognition Expert for testing, If a ORE is not immediately available, officers should consult with a watch supervisor to determine whether to call in a DRE; S. In instances where the operator of a vehicle is under 21 years of age and there are indications that their BAC is in excess of .02, transport the person to the police department for administration of chernical testing. If the result is in excess of ,02 but less than ,os follow Department of Transportation guidelines pertaining to .02 revocations, and offer t~ssist in making safe travel arrangements for the individual frG!n the~olice department. This would include the officer offering to ~spQYl then individual to a reasonable location. ~) -< ~ ~ PARKING ENFORCEMENT =2F, =: ~~~1 Officers or Community Service Officers will respond to pa~~ ca1fs airJ available. All officers are responsible for enforcement of parl@ig viol@ions when brought to their attention or observed, Officers will be r~ponsi~ for the enforcement of parking regulations on city streets and alleys as well as handicapped and fire lane violations on private property. The parking department has enforcement responsibilities for overtime parking, When called to a private property parking call, the officer or community service officer will make a determination if the complainant has the authority to request a vehicle be ticketed or impounded. When a vehicle is to be impounded, the officer shall follow departmental directives pertaining to vehicle impounds. ') c:r/.' y Samuel Harga e, 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. OPS-11.6 APPENDIX I While engaged in traffic enforcement, 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 Chapter 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." 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 immunity. 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 investiga~, there::l3re C'"' no notification requirements. If a foreign national is physically arrested or __ ~ed:!9r a substantial period of time there may be notification requirements)> =+n ~se_ circumstances, refer to the Consular Notification and Access booklet IiV The watch Tl commander's office for guidance. .==2 ~.-; - :"i I fT! -0 ' 0",) ::r: ,...., J <;:/"- - ~ .. p ~n <.D OPS-11.7 APPENDIX I (continued) Juveniles may be issued citations for traffic violations without notification of their parents. In instances where a juvenile is being taken into custody the applicable juvenile procedures should be followed. If a juvenile is arrested for OWl, the officer shall attempt to contact the parent(s) or other responsible adult prior to initiating Implied Consent. Non Iowa residents will be treated the same as Iowa residents with regard to the issuance of traffic citations. In instances where an officer has an articulable reason for believing that a person is unlikely to appear for the scheduled court appearance, the officer may require that a cash bond be posted or the person may be taken before the nearest magistrate for arraignment. The Iowa City Police Department encourages the practice of cite and release whenever possible. ....., 0 = <=> w, ~O 0 )> :::; C") -n --< ,....--., ~< '" '"- I- - -,... .>' -n --< ,-- n-j .." --., O::u :7'-: : .. """'.../ </... - :J; .. c..n \.0 OPS-11.8 APPENDIX II Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The following guidelines are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. 1. Operating While Intoxicated: Recognizing that intoxicated individuals who choose to operate a motor vehicle pose a significant threat to the safety of themselves and others in Iowa City, the Iowa City Police Department will strictly enforce violations when a person operates a vehicle while intoxicated or drugged, Officers are also encouraged to strictly enforce Iowa's ,02 Zero tolerance law pertaining to underage drinking and driving. 2. Operating while suspended, revoked, or barred. Operating a motor vehicle while a license is suspended, revoked or barred shows a disregard for the law and members of this department will enforce all such violations. Upon confirmation from DOT of the suspension, revocation or barment, officers are to file the applicable charge, Officers should check for the registered owner of the vehicle being operated by the subject, and if the operator is listed as a registered owner, the officer should check to see if the operator is eligible to have vehicles registered in his/her name. If the operator is not so entitled, pursuant to Iowa law the officer shall take custody of the license plates and, if available, the registration and, drivers license and send them to the Department of Transportation. Officers should also check for any unserved suspensions on the operator and, if present, serve such suspension on the operator. 3. Speed enforcement. A driver who operates a vehicle in disregard for the posted speed limit is one who can and does cause a large number of motor vehicle crashes, Officers of the Iowa City Police Department are to take enforcement action when speed violations are observed. SincQthe st~ping distance of a vehicle is directly related to its speed, particular~f.erts @ould be made in and around areas which have significant number&''OH)hildt~n Grn heavy concentrations of pedestrian traffic. c...-;-" N ,= _.{C) - 4, Hazardous violations. There are many violations of the traffic ~~# th~ mdyl ! be considered hazardous, These violations are those that c~~under thE)",) right circumstances, result in a vehicle crash. Some type~of violEltions considered hazardous are disregard of a traffic control device, failure t~ield, reckless driving, and improper lane change/usage. Since the before mentioned violations are involved in large number of the motor vehicle crashes in Iowa City, officers are expected to take aggressive action when these violations occur. OPS-11.9 APPENDIX II (continued) 5. Off-Road vehicle violations. Members of this department will take appropriate action when they observe illegal on-road use of an off road vehicle, This includes, but is not limited to, enforcement of equipment, registration and licensing requirements. In instances where a vehicle is being operated off the roadway, officers need to determine if the operation is on property where the operator is entitled to be. If the vehicle is operated on private property without the permission of the controlling party, the officer may pursue appropriate criminal charges. In instances where the vehicle is being operated on public property, the officer will make a determination as to if the particular area allows the operation of motorized vehicles. 6. Vehicles operated on private property. When a vehicle is being operated on private property with the permission of the controlling party, the officer may enforce the OWl, reckless driving and accident reporting sections of the Iowa code. 7. Equipment violations. In order for a vehicle to be safely operated on a roadway it must be equipped pursuant to state code. In many cases, the operator of a vehicle may not be aware that a piece of equipment is not operating, Le., taillight, brake light. A warning by an officer may be all that is required to insure the defect is corrected. In those situations where a motorist is aware of a problem and has failed to correct it in a reasonable amount of time, or the violation is such that it could result in a crash, other action may be required: Le, citation, or parking of the vehicle. 8. Commercial vehicle violations. All public and commercial vehicle regulations will be enforced; however, the officer's discretion, training and knowledge will determine the action to be taken for violations of public andlor commercial vehicle regulations. The officer may call a department member trained in commercial motor vehicles or contact the Iowa Department of Transportation for assistance. In all instances where a commercial carrier is involved in a motor vehicle crash involving serious personal injury or death, the officer should contact a trained commercial vehicle inspector for assistance in the investigation. '" 0 C-~ C:::::J .,,- ~ 9. Less-Hazardous violations. The officer should take notice of31~s serious violations and may make contact with the violator. The ~iJClims~ceSJJ surrounding the violation should be taken into considefulion vvhen- determining the enforcement action to be taken. :: f,J :;:g ~TJ Q~ I..,..J -/, 10,Multiple violations, While the "stacking" of violations is not e~urag~, the circumstances and seriousness of the violations should guide the offiger in deciding the appropriate enforcement action. OPS-11.10 APPENDIX" (continued) 11. Newly enacted laws andlor regulations. When newly enacted laws or regulations are passed and become applicable to the motoring public, the enforcement guidelines prescribed in the text of the new law will be followed. The enforcement date of new laws/regulations will be determined by the Chief of Police or hislher designee in consultation with the city or county attorney. 12. Enforcement guidelines for motor vehicle crashes. Officers will take enforcement action when their motor vehicle crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated, If a citation is not issued, the officer may be required to justify his/her action. 13. Pedestrian and bicycle violations. Officers should use discretion and take appropriate enforcement action for violations committed by pedestrians and bicycles on public property. Consideration should be given to the age of the violator and the seriousness, location, and time of day of the violation, 14. When an officer encounters an operator whom helshe feels should be referred to the Department of Transportation for re-examination, the officer shall complete an incident report pertaining to the incident. The report shall contain the circumstances surrounding the incident, including time of day, weather and street conditions, and the operator's information. The report shall also include the reason(s) why the officer believes the person should be re-examined. The report along with the DOT driver's referral form should be submitted to the watch supervisor for review prior to submission to DOT. (note: age alone is not a reason for re-examination) ~ 0 = = "" ~O = 1>-- " -n ... -.( -, -- C)~. N - r"'- ~C) - i ~<r-" -0 m m -, ;=-):u ::l: \__...J '--'" ~.- ~/' - .. )> c..n \D OPS-14.1 DOMESTIC VIOLENCE Date of Issue General Order Number October 8, 1999 99-10 Effective Date Section Code I November 22, 2005 OPS-14 Reevaluation Date Amends / Cancels October 2006 I C.A.LEA. I Reference I 1.2.7,55.1.1,55.1.3,55.2.3 INDEX AS: i"<: 0 .C':;;J Domestic Abuse c:.:> ~ c...., Domestic Violence <:C:CJ ~- ';>-' """'-- -' C') Domestic Violence Reports -<: -n C) N Domestics ,-----, w r-- ---;, No Contact Orders .:-.::..:.. r'~ :il iT; :t~ Protective Orders S2 ~.~~ 3: "-1 'J G) )> 0 I. PURPOSE N 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 working relationship 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 abus6incluq~g releasing an annual report on domestic abuse. >0 ~;~ )>1 S~ 11 () , N r-~- ="1,'-" W '--1 III. DEFINITIONS -:~ ~~:- - -~ i'T; :C~: " i i-I ::=) :~"CJ -'->0 ,....I A. Domestic Abuse means an assault, as defined in Iowa Code~~cliorf.'? 708,2A and Iowa Code Section 236.2, that has occurred betW"een ~ 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. B. Family or Household Members; spouses, or persons co-habitating, parents or other persons related by consanguinity or affinity. C. Children: Children under age 18 are not subject to these provisions as chapter 232, Juvenile Justice, applies. 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 N.W,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 mav 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 indictable 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 legally permissible, 0 c;:, <:':;;: :>0 "'~ i> --'; , ~ 0-< ...;;.': -n N .-_. ----;(""'-. w ;'~-~ --[i._ ~ .-/~ ,--' -'] ~ '- [',-1 ~:;... ' I 009 ::.:c 1'---' \.,.J .c/' o:J ~ 0 N 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-~.., 0 C.:~J D. Written Reporting c.f'" .- - 'F~ ::::::0 -"'- E. Victim Rights c~: !I ):::-:-::-\ ""-' F. Follow-up Investigation C) N ...""-- G. Confidentiality :=\ Co) -rl / . i H. Hostage Situations """ ::I::< .-, -.,.. "-_oj I. Officer Training G) J. Officers Charged with Domestic Abuse 0 N 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 hislher 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 victimlcaller 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 victimlcaller 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 orlcalls 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 ~tificati~ from the officer may reclassify the call as a domestic. :,,:?: () ~ )-;;. =~-i =--~ 'll OFFICER APPROACHING THE SCENE Cl < ;; -- ~c.. w ..- c~ :-n 1. Domestics are a high priority call. Officers will respond imm~dlat~v. with due consideration of the information available and @~inare ',-) their approach if two one-unit crews respond. ~;;, 2. Remain in contact with the dispatcher, requesting assistance, (s~ "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. A. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a domestic abuse incident, they shall: 1. Approach the scene safely, and in an alert manner. 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. 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 commanderlsupervisor 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 warrant. (See Iowa Code Section 236.11) 6, Restore order. 7, Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter S09.) Iowa Code Section S09.1 (1 )(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. S. Assess the need for medical attention, and call for as~ance jf; warranted, and whenever requested by the victim. The 0 : tsSh<iiJ: assist the victim in obtaining transportation to the nearest f:i{3spital~ "il requested. e, -< N c"_ 9. Determine complainant, separating all parties if possible,j~~lijdirfg' :Ti suspect, victim, children, and other witnesses, _ ~; :;: ,'0'-1 10.lnterview all parties. If necessary, reasonable efforts ~.uld ~ '..j made to obtain a translator, ;i: ~ 11. Following interviews, a conference of the responding officer-:,> 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 OPS.14.7 citations are not allowed in the event domestic abuse has occurred. This applies to either I both arrest for domestic abuse, related charges and / 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, andlor heard. 14. Collect and record evidence, including torn clothing, broken objects, etc. ,,~ 15. Photograph the following: 0 \~..::- .:::-:".' .;:~ C) ;::-..i-' a. Victim in a full body picture (front and back). ~"" --,,> ~.--- G b. Victim's specific injury(s). -.:: -n Children. C) N c. ---! ( W r--'.-~ d, Scene, including broken objects, weapons, generat<~!sarrID', , : I . ., cl~ 6~ 3 -- e, If possible, the suspect's full body and any injuries, in~tiOlHo ,---j the mug shot. ~ 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. 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, 17. 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 domestic 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 Sheriff's 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:..9n the suspect and check for any prior convictions of dome:IDic ass~lt ..-- or violation of a no contact order. (allows for enhanced ~tie~~ -::;: ., __U D, WRITTEN REPORTING N o. W , , . :'~l '--r-', _ ' I [r; .t~ Written reports should be factual, specific and clear so as to (j2j'Elsenfan 0 accurate portrayal of the domestic abuse incident. Written doctiU18ntatl6n that will be made as a result of a domestic abuse arrest are th?complliJ}lt 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: 1. full names of parties involved, including dates of birth of the suspect and victim 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, andlor 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.lf 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 I 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. r---:: 9 .::.:::-) !'.:::J <::..i' ~() c...-:;;. 11 ,.;..;>0_...; ,..c _f (~) N ,.- -",~' , G) ! F, FOLLOW-UP INVESTIGATIONS ::2::. E': ;--~'1 i~--' -,- "".,-', -..... ...,) r- _' All domestic abuse reports shall be forwarded to the domes)~?abu!;'e investigator for review. Useful information not obtained in the in~1 rep~ 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 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. N 9 C~.' c::> CO"' <:0 ~ !i HOSTAGE SITUATIONS )>=i 5 II -:. j o N ,-- As a hostage situation becomes apparent to the investigating otf~fi~ anl1'/ :Ti or ECO, the watch commander I supervisor shall be immediatel}L optifi@. ' . Following an assessment of the circumstances, a determinatioB!S$l811 ~ \..-.~) made as to strategy for resolution of the call. Special Respo~e Team (SRT) protocol and personnel may determine this strategy. N I. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Department will routinely offer training in regard to domestic abuse. Training will be provided by both in-house 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 I 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. ~ 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. r-.,:) 0 C~ c-';") U1 ~~-.:> ;;~ ,=, 11 ~/ ----1 <,,-,::- ,~) -.< N '::\ ('~ (.0) '-"'-1 :<F~ ' , :P "'''~.-1 52~ :t: ,.J ::2:/' c::> )> C> N LEG-02.1 ARRESTS Date of Issue General Order Number October 11,1999 99-11 Effective Date Section Code November 22, 2005 LEG - 02 Reevaluation Date Amends / Cancels October 2006 I CA LEA. I Reference I 1.2.5, 1.2.6, 1.2.7 INDEX AS: ~." 0 ::':.-;;> c:::: $.....-." en Use of Force Arrests ~I_..- ~""'" )>=~ CJ Citations Discretion C~) ---; -.:: i] N Prisoner Transport Domestic Abuse ----Ie w r- -<r--- '-rl 1'1'1 :n-. : I ~:-J:'. :J.: ,----., ,~- ''..-1 </- ro I. PURPOSE ~ C) - 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 S04.5 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 S04.7 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. 0, 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 ha~ reas<tl3able grounds for believing that the person to be arrested has commi~ Vi 1, As required by section 236.12, subsection 2, (Domestic , _, ~aulL p .. ) .' < II rovlslons ,-' -'. I'.) --.-. ~.~ c.~ w r-- TREATMENT OF PRISONERS ~-< r" jnrl n-1 ~ ,-_ In making an arrest, officers will use only that amount of for~~ ~asi2abl~j necessary to effect the arrest. Prisoners shall be treated wit~approd?,riate respect. Officers shall not physically mistreat or verbally harass any indi-lfidual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury, ARRESTICIT A TIONS 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 S05.1 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.02.3 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 S05.1 (3)(c ) Code of Iowa) Additional factors to be considered in the formulation of guidelines relating to the issuance of citations for other offenses for which citations are authorized shall include but shall not be limited to all of the following concerning th~erson~ A. Place and length of residence. ->n :.;: B. Family relationships. >=-_< ~ 11 C. References. Cj .. -.- N ,---- D, Present and past employment. :-1 c-~ w :---<r--- ~rI E. Criminal record. _C.. > '--I ~)= :: ~. l.J F. Nature and circumstances of the alleged offense. <./".. C) G. Other facts relevant to the likelihood of the person's response tc:jlll citatiei;J. N 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. 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 All 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. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. LEG-02.4 TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn himlherself 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 S04 of the Code of Iowa. Section S04,6 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 S04.7(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. C' ~; B. Prior to the service of the warrant an assessment of the r@cfpctg;:s as defined in the SRT policies and procedure manual shall be mad€: =.:: s;:: ~_. C. Warrants will be prioritized as follow: f::j . ~ : I I 1. warrants for persons known to be violent or potentially dang~~~; W~, 2 f I fi :;;.~ I I . e ony warrants .__ _.. _'__". .---." J. ~'... 1 3. warrants for indictable offenses; ~i;:., OJ ~j 4, non-violent misdemeanor warrants. 3> ~ D. The officer serving the warrant shall confirm that the warrant is still actiW 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. LEG-02.5 H. Officers shall notify the ECO of the pending action and its location. As appropriate other officers may be notified of the activity. 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; 0 ~g 3. contact the local agency with jurisdiction and request the ~5BhCe-~f a local officer during the arrest. ~~:::; ~ -.:rJ =--~I (--; W USE OF FORCE IN MAKING AN ARREST ..:---< ~.- ;~r'i 1:-\ ""p;. , l. Section 804,8 of the Code of Iowa defines the limits of the force, vi']jall m~ be\~) used when making an arrest. In addition, members of the 10w~City Pllice Department shall be guided by departmental Use of Force dir ctives ~en 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, 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. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance 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 and the circumstances of the particular incident. 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 S ine, 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, "" 9 c::;J c:.;:) 0;:;...,,"= ,,2:0 ~ ~>--l a C) < ~.- --n N -.--- ---, w -J ~, :1-1 :::',-"," "'" 3: --, '-...J ......../ S co 3> a N LEG-03.1 FIELD INTERVIEWS AND "PAT-DOWN" SEARCHES Date of Issue General Order Number October 13,1999 99-12 Effective Date Section Code November 22, 2005 LEG-03 Reevaluation Date Amends / Cancels October 2006 I CAL.E.A. I Reference I 1.2.4,41.2.4 N o ~~; "'s: C"..n INDEX AS: )';: 9 C) Field Interviews Field Information (FI) Cards n -' ~ 11 Pat-Down Searches Searches-~i ':' ,.} ;- ~-.....! r-rj r~i"1 ::~~ I j I ;::'-~"~'.. -:~:. "-; I. PURPOSE >'. _ 5; :: 'J "::010 '.J...J The purpose of this policy is to assist officers in determining;: wherf,field interviews and pat-down searches are warranted and the manner in which>they shall be conducted. 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 of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being or is about to be committed, r---> IV. PROCEDURES 0 c::-., = c...tl ~O -.'.... c"S 11 A. FIELD INTERVIEWS )>- ....:- ~. ) f'-) ,.-- -or'"~ (;) , 1. Justification for conducting a Field Interview - Officers.)~y ,s,toP~i-\ individuals for the purpose of conducting a field interview ~E wFfere~) reasonable suspicion is present. Reasonable suspicion m~ 1ie mOre than a hunch or feeling, but need not meet the test for pro~le c~e 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 helshe 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. 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 helshe 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 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) ancL_write ,JJ18 incident number on the FI card. Field Information Cards9houlcE.pe submitted to the Records Division. Upon entry of the informa~onghe FI card into the records system, the Report Review Officer sftpJUoMard 11 the original FI cards to the Lieutenant of Investigations, =+.~ ~ ,:::::: .:-c.,' '~l _ r,'- :c. ;! B. PAT-DOWN SEARCHES OJ,: :x ;--' -..:::;-/" co .-./ S; '. 1. Justification for conducting Pat-Down Searches: An officer has the r@Jt to perform a pat-down search of the outer garments of a suspect for weapons if helshe has been legitimately stopped with reasonable suspicion and only when the officer has a reasonable fear for his/her own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting a pat-down search. Following are some criteria that may 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 andlor 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 ceJUIl-cuS'fbdy search of the suspect. ~ C) ;:~ >=1 C) _-,--, / """:::::. j I b. It is emphasized that none of these requirements precludetQffiC'ersrfJ>om,-~= requesting consent from the individual for a more thorough_~1~rch~.e':~T] backpacks, bags etc. ;.. ::n =:'-' o -.' ,.j .-.- /~ co .;> .. 3. If during the course of an authorized pat-down search of an ~ividu~ an officer comes upon an item that the officer readily recognizes through his/her experience and training is probably contraband, the officer may remove the item from the suspects clothing. If upon further examination the seized item is of a nature for which the possession of is crime, the officer may make an arrest of the suspect and complete a fUll-custody search of the suspect. LEG-03.5 ~6:4 S muel Harg ne, 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, j--' c' 0 = cfl ~Q, ~-,"" ''''"'0 c.: -11 )0 ---, ...-: -- ~ N ,-- :J w .--~, r' -'. Ti .;:< ~<., 3::;" r1 _~. :~""'1 -"'" -~ f'J:'::"'::~ <XJ '--_..-'~ :z. 0 ):> N SER-05.1 WEAPONS I Date of Issue General Order Number October 4, 2000 00-08 Effective Date Section Code November 22, 2005 SER-05 I Reevaluation Date Amends / Cancels October 2006 C.A.L.E.A Reference 1.3.9-12, 33.1.5, 33.5.1 Use of Force I Trainina INDEX AS: ~, 0 C;) Firearms Use of Force <::.:''l :,:,0:0 .:...', Munitions Less Lethal J>::.:'l Off-duty weapons Training - ..,.:-:: -Tj N .'-- -.- Weapons Field Training ..-. G.) -' :T] Special Response Team - " J::",.. ,'-'" -.'." ':--1 \._) ',J ~ m I. PURPOSE Cd The purpose of this order is to identify those positions responsible for training officers 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 training 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. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee, '''' Department issued shotgun - Shotgun provided by the department for ~loymEffit in tactical situations. ,;~~ Q ~; -1 - -\ < i ,.-......./" N - Authorized Automatic Weapon - Any department issued automatic weapdil whict:lJthe:- officer has met approved levels of proficiency in firearms qualification trainirig.~:, ~ ;T] h ~:J -..... <~J Projectile Launcher - Any department issued launcher with which the off~(has~et 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 hislher 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. 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 secu red 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-duty officers carrying a firearm in anS~ncon~led manner must be readily identifiable as a police officer by~&Jrin~liheir badge adjacent to the weapon.:-., ~ ~:!...l ::..:~:-: w ,"- .:.....<r~ --r-) n-] ~'"' . i I O::~;! -..... : --I \..-...1 "'-:;:/, c.') 5> <::> - 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...the chE!l'1lber empty, unless being used by the officer. S? ~ ~_O )> =~. - --, 12. Only magazines authorized by the department may be used !fi, a'fire;9n. C:.;.~ .....,.... W ~,(. 13. Officers are responsible for the safekeeping and security of iin ~lBpartrneritrl authorized firearms in their custody. Si 5: ~~ ,--j :<:: .. :>-~ C) 14. When loading or unloading a firearm in the Police Department; the unloading I loading shall occur using the bullet trap provided by the department. 15.AII department issued firearms shall be stored, handled, and I or maintained in such a manner as to prevent the firearm from accidentally discharging. SER-05.5 16. All 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. r~..) 0 C:-.-i <::.:;;:1 <.:...q 18, Probationary officers shall carry weapons as directed by ~erd T[a;ining protocols. ~ ::~j -< :1 N '= C w . B. DISPLAY OF FIREARMS 'F,- "" ill 1. Except for general maintenance, supervisory inspectior@2Storage 60 authorized training, officers shall not draw or exhibit fi~ms 'i)'nless circumstances create a reasonable suspicion that it may be necesS1ry to lawfully use the weapon in conformance with departmental directives. 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 HANDGUNS 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 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. iii. 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,.lbeir weapon 0 f'~ . > ~ )3; Q .C', 3. Off-duty Handguns (_ ::; ::;:"'; il a. An approved off-duty handgun is any department issued:'ha-ndg\ltl of personally owned handgun meeting the following requireme1}\~. ~. Ti I. Criteria for personally owned, off-duty handguns (:)2'2 :-:it ,'-1 \._-'" a) .380 ACP or larger <;: /...., ?? b) ,45 ACP or smaller )3; a - c) Annually inspected by a departmental armorer or firearms instructor. II. Upon effective date of this order, newly authorized revolvers 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. iii. 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 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 a. An approved shotgun is any department issued shotgun. 6. Authorized Rifle 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 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. ~ C"' t.~ III. Manufacturer and Caliber J> =1 ~;:? "n iv. Serial number ,",' ,,; ..,'-..' v. Repair, service and modification history =-)~: w ,'::::: vi. Officer and date approved __ L-' ?: ,L! vii. Proficiency qualification scores and dates. S:;?; ~ :..j a. Proficiency qualification scores/dates shall be forWarded 8> the Training Unit. - b, A copy of the firearm record shall be provided to the Commander of Field Operations. 9. Firearms Modifications and Repairs SER-05.8 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 all 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 approved personally owned firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. b, Each repair or service transaction shall be documented and recorded as required in section 9, ii. above. 11.Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. 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, pe~Rlly Qjvned off-duty firearm shall be approved by the ChieD-v1:';Pofu.:;e QL . . -.' ',. Il deSignee. c)' N .--- :'~'::,~I''-.-' W --- 12, Firearms Proficiency, Training and Testing ~~ ~c !:; .lJ Courses of fire and tests designed to require the offic~a'em~trate-i accuracy, safety, functionality and maintenance of the firecjJi:ns th~fficer carries or uses and knowledge of laws and departmental regatations concerning the use of force and weapons shall be required on an annual basis, a. All persons utilizing range facilities shall follow the direction of the Lead Range OfficerlRange Instructor at all times. SER-05.9 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 SO% 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 to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the officer on accuracy. iii. Shoot/don't shoot targets that represent the need for an officer to react appropriately. iv. Firearms Training System (FATS) f. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from 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. 0 ~'; ii. Failure to meet the standard will result in immediate @tificatitffi to the Commander of Field Operations and the Traininst6ffice~::~:lndTI may result in temporary reassignment to administrati~g flutie~hat=- do not require the use of a firearm. This may contirfLjB. until the'Ti 'r ::r::.,..., standard is met, but will not exceed five (5) duty ~1> Wlthout_, administrative review. ;:::;: /, '?? iii. Continued failure to meet the standard may result in ~minisfFative 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. k. All firearm instruction, training and qualification shall be provided by a certified instructor. SER-05.10 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 examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. 14,Impact Weapons Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and 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 t:Jficer ~jeld Operations. s c:;; ~n -;.tD II. Continued failure to meet the minimum standard rfllljilresi!!J in.~ administrative action against the officer. 0 '- r:;- ._0 =jS~' w r- '- '.' ,--,-, 15. Chemical Agents --0- q; 2::: '-!...! Chemical Agents will be available and may be used t~iRiap%1tat~.j subjects when lower levels of force would have been in~ropri;ge or have failed in the control or dispersal of these subjects. - 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. SER-05.11 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 of 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 Lethal/Intermediate Impact Weapons Records The office responsible for Quartermaster fu nction is responsible for maintaining a record for each issued weapon other than firearms. The SRT is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: I. Type of weapon/munitions ii. Manufacturer r--~' iii. Model number if any 0 ,~-~;) c_"") ~~ iv. Serial number if any ::: C) z -~. - C) ,..;:- . 11 v. Number of units (munitions) ~~ -..t -::: ._c vi. Address and location of storage N .'--- --,'--- W --: ~- " -n vii. Name of personnel issued to, ,-< ~:, ". l j, _~.... ~~ b, All weapons shall be inspected and found acceptable f~~e ~ the..j unit supervisor prior to deployment. :;f / ' .. )> c::> 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 with 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. 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. SER-05.12 #6-L; Samuel Harg ne, 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. 1"".":; Q <:.:::, =J <~ ~() ~~ J> _~_! c~ ~~:.: TI --. ~, '., ) N -- ~--:'" W ,.-.. -,\. ) ~<,- 'Tj Ii-I ~u ---r- :1-;: t'"'---', o=~" <"...j <::"""', CD <: )> C) - ORG-01.1 ORGANIZATION Date of Issue General Order Number I I October 13, 2000 00-09 Effective Date Section Code November 22, 2005 ORG-01 Reevaluation Date Amends I Cancels October 2008 I CALEA. I Reference ,~, ~j I 11.1.1, 11.2.2, 11.6.1, 11.6.2, , J "-.-..' r .~ ?o:o )~ ::=! -n INDEX AS: r) "- N ,--- --,., U) ''''1 Organization > --, ~- : \ Responsibilities .--'l Cl :""--1 ..-~ co -- )> = I. PURPOSE Cl The purpose of this order is to define the organizational structure of the Iowa City Police Department. II. POLICY It is the Policy of the Iowa City Police Department to maintain an organizational structure, which allows for the rapid response to the needs of the residents and visitors of Iowa City. While members of this department are primarily assigned to a particular function, it is recognized that on occasion they will be called upon to assist in a function other than their primary area of responsibility. III. DEFINITIONS ORG-01.2 IV. PROCEDURES A. CHIEF OF POLICE The Chief of Police is responsible to the City Manager of the City of Iowa City. The Chief of Police is granted authority to act from Iowa Code and the City Ordinances of Iowa City. The Chief of Police directly supervises up to ten employees and is functionally responsible for up to one hundred twenty (120) employees. The Chief of Police plans, directs, evaluates and manages the operations of the Iowa City Police Department. The Chief of Police is further empowered to formulate and implement new policy, operations and disciplinary procedures, The Chief of Police is further directed to foster positive relationships between the Police Department, outside agencies and the general public, Some of the responsibilities of the Chief of Police are: . review all significant incidents involving the department . develop and provide training for members of the depa~ent 2 . develop and administer the budget for the department..;:,-., .::~ ~"_~ '- .J ... . . reviews or conducts internal investigations )> :::~ ~~ -n appoints, promotes within the department 1"'0 -- . < (.J evaluates staff ' . iT] . I." rr: "":~~ . develops and implements policy r-', ::;J =" ,....-1 ~~ \~...J . amend, suspend, supersede or cancel any rule, re~la1ion93r order ::>> = c::> . develop and implement changes in procedure The Iowa City Police Department consists of two divisions: Field Operations and Administrative Services. Division commanders are responsible directly to the Chief of Police. B. FIELD OPERATIONS Field Operations consists of the Patrol and Investigative sections. Each section commander is responsible to the Commander of Field Operations. The Commander of Field Operations is directly responsible for six to ten employees and functionally responsible for up to 70 employees. Some of the responsibilities of the Commander of Field Operations are: . oversees, directs and reviews daily patrol and investigative operations . directs Lieutenant of Investigations . meets with command staff and reviews areas of concern . informs Chief of Police as to ongoing activities of the assigned division . conducts internal investigations ORG-01.3 . prepares and submits required reports . participates in planning and research . assists in budget development · other duties as assigned (For more complete description see City of Iowa City job descriptions) 1. PATROL SECTION The patrol section is divided into three different watches, Days, Evenings, and Late night watch. Each watch is headed by a Lieutenant who is usually responsible for ten to sixteen employees. The Lieutenant of each watch is responsible to the Commander of Field Operations, The Patrol Lieutenants are responsible for the day to day operations of their respective watches. Some of the duties, which they are responsible for, are: . supervise field personnel · assisUconduct internal investigations . supervise the preparation of assignments and daily briefings · reviews reports . prepares reports on activities/functions . evaluates subordinates . conducts watch meetings . other duties as assigned (For more complete description see City of Iowa City job descriptions) Under each Watch Commander are two Sergeants. The Sergeants on each watch are directly responsible to their respective watch commander. Patrol Sergeants supervise between ten to fourteen officers on a regular basis. Some of the duties, which patrol sergeants, are responsible for: . conducts daily watch meetings/briefings · supervises and prepares assignments · reviews reports ".0 <':_:1 . FATS instructionltraining <;2 _ <7: . supervision of Field Training Officers and Pr9~;fui:oncffY -r-- Officers " -. I I ~. ) N . conducts investigations) ~,_ . inspects and maintains vehicles and equipmen(' "r i .~~ . visits officers in the field 9 ;;;...; ~ . . other duties as assigned )> C":) (For more complete description see City of Iowa City jbf> descriptions) ORG-01.4 Patrol officers comprise the remainder of the sworn personnel on each watch and are responsible to their respective watch supervisors. Patrol officers are responsible for routine law enforcement duties, including but not limited to: . patrollcommunity policing . traffic enforcement . collision investigation . identificationlcollection of evidence . investigation of crimes . preparing reports . responding to calls for public service . other duties as assigned (For more complete description see City of Iowa City job descriptions) The Evening Watch Supervisors direct and are responsible for the Street Crimes Action Team (SCAT). Some of the responsibilities of SCAT officers are: . conduct gang related investigations . conduct drug related investigations . targeted patrol/investigations . special assignments as needed . other duties as assigned Community Service Officers (CSO) (non-sworn) are responsible to the supervisors of the watch to which they are assigned. Soma-of ~ <:,"'-', the responsibilities of CSOs are: 9 ~~ · enforces parking regulations 5:; g 0 -n . directs traffic :-) -,- ;.:; . collects stray animals . . w ---I \_. ' impounds vehicles ~ '-. L ,):....... iTI . fTj ':-~ O:J,OJ .~;L'.. . provides court messenger duties ' ~- \,--) <:--/-. co > . other duties as assigned > CJ Community Service Officers are assigned to the Day and Evenfn9 watches. (For more complete description see City of Iowa City job description) School Crossing Guards (non-sworn) are responsible to the Chiefs Administrative Secretary. Responsibilities of School Crossing Guards are: . direct traffic at the intersection to which they are assigned . assist children in crossing the street . coordinate student crossings with student crossing guards ORG-01.5 2. INVESTIGATIVE SECTION The Investigative Section is headed by a Lieutenant who is responsible for the overall operations. The Lieutenant of Investigations is responsible to the Commander of Field Operations. Some of the responsibilities of the Lieutenant of Investigations are: . supervise personnel . conduct internal investigations . assignment of cases . review of reports . prepares reports on activitieslfunctions . evaluates subordinates . coordinates multi-jurisdictional investigations with other agencies . other duties as assigned In the absence of the Lieutenant of Investigations, the Sergeant of Investigations shall assume duties of Investigation's Supervisor. The Sergeant in the Investigative Section is responsible for: . case preparation . reviews reports . supervision of Support watch . maintains records on forfeiture vehicles . prepares reports on activitieslfunctions . assumes duties of Lieutenant of Investigations during their absence I nvestigators/officers in the I nvestigative Section are resp,Q[lsible 10. the Lieutenant of Investigations. Some of the responsfbllities :of Investigators are: ;?: [) ~; !l . conducts interviews/interrogations ~') -:: ;::; - . case preparation w 0"< ( ~rj . collection of evidence J::::>o 9 -- :-", . conducts follow up investigations \...~ co . disseminate intelligence to patrol ~ C) . other duties as assigned a Officers and investigators of the Iowa City Police Department are of equal rank. Investigations is a temporary assignment and upon completion of a rotation, investigators return to the patrol section or are otherwise reassigned. ORG-01.6 C. ADMINISTRATIVE SERVICES Administrative Services consists of the following sections; Emergency Communications, Police Records, Animal Control, Planning and Research, Community Relations and Property Control. The head of each section IS directly responsible to the Commander of Administrative Services. The Commander of Administrative Services is directly responsible to the Chief of Police. The Captain of Administrative Services is directly responsible for six to ten employees and functionally responsible for up to thirty employees. Some of the responsibilities of the Commander of Administrative Services are: . oversees, directs and reviews daily activities of the assigned sections . oversees all departmental training . evaluates personnel under their command . meets with supervisors of affected sections and reviews areas of concern . informs the Chief of Police of ongoing activities of the assigned division . conducts internal investigations r'~ . prepares and submits required reports 0 o..::.::J C::-.:l <:'J1 . participates in planning and research :;.:C; r:'> ~-=-_, 0 . assists in budget development ~ ~"- 11 . ~ f'J . other duties as assigned '':::'~ :' W _.../ ,-'- Il rr' ~~ 1. EMERGENCY COMMUNICATIONS -..- :"J'j 3': 1-' 0 ....J The Emergency Communications section . .-- /~ CD IS headed by..a communications supervisor. (non-sworn) The ~erge~ Communications supervisor is directly responsible to the Commander of Administrative Services. The communications supervisor is directly responsible for up to fifteen Emergency Communications dispatchers. Some of the responsibilities of the Emergency Communications supervisor are: . directs, receives and dispatches emergency and non- emergency calls for service . operates Law Enforcement computers . trains and evaluates communications personnel . enters information for Computer Aided Dispatch . maintains accurate records and files of communication activity . develops and implements work schedule of communication personnel . assists in budget development . ensures equipment is properly maintained and serviced ORG-01.7 . other duties as assigned (For more complete description see City of Iowa City job descriptions) Communications dispatchers (non-sworn) are directly responsible to the Communications Supervisor. Some of the duties of communications Dispatchers are: . receives emergency and non-emergency calls for service . obtains information regarding calls for service . monitors radios and alarms . operates Law Enforcement computers . dispatches police, fire and ambulance . enters information on Computer Aided Dispatch . maintains records, listing of emergency contacts . other duties as assigned (For more complete description see City of Iowa City job description) 2. POLICE RECORDS Police records is under the direction of a Police Records Supervisor.(non-sworn ) The records supervisor is directly responsible to the Commander of Administrative Services. The record supervisor IS regularly responsible for up to seven employees. Some of the responsibilities of the records su pervisor are: . manage in-house records and computer systems . trains and evaluates subordinates . assists in development of computer applications completion of scheduled reports r--.., . 0 ;::~:.:> c.;::) coordinate computer usage, training ~ (:,-1 . 3~~? -....~ acts as liaison with other agencies 0 . ~ t"l "~,- . maintains supplies and equipment ::..:: N --'- ---- c..:> ~ . assists in form development ~_< r-- ;'1 III :Z:)ooo . other duties as assigned o :2~1 ::1:: t---., \~ __J (For more complete description see City of 10wa*:6ity j&J description) .J> C) - a. Senior Police Records Clerk are responsible to the supervisor of police records.(non-sworn) Some of the responsibilities of Senior Records Clerks are: . reviews case reports and arrest information . classifies, indexes and prepares information for entry in Records Management System ORG-01.8 . enters above data into RMS . answers phones and provides information and reports as appropriate . makes referrals on requests for information . maintains records . collects money for record services . other duties as assigned (For more complete description see City of Iowa City job description) b, Records Clerks are responsible to the Records Supervisor.(non- sworn) Some of the responsibilities of Records Clerks are: . answers phones and provides information and reports as appropriate . responds to requests for information . maintains log of officers reports and files various records . maintains court schedule for officers . assists officers in locating files . other duties as assigned (For more complete description see City of Iowa City job description) c. The chiefs Administrative Secretary (non-sworn) is responsible to the Chief of Police. The Administrative Secretary IS responsible for the following duties: . maintains payroll records and union contracts . reviews and submits maintains inventories and supplies . serves as a liaison between school crossing guards and the department . completes reports as required . answers phone and provides information or makes referrals ....., c.:) maintains training records 0 c.;:~ . :;:::0 en . maintains Policy and Procedures manual J>=j c:':s 11 <G:-': . maintains forfeiture funds C) rv .-....,,- maintains records on current grants and insur~;'j ii1at f~s ,-- . C"rl are in compliance-,~ c; ~:; .._, other duties as assigned ~ 5< Cf? "__J . )> C) 3. ANIMAL SERVICES - The Animal Services section is responsible for enforcement of laws and ordinances pertaining to animals, issuance of licenses and permits, sheltering of animals, animal welfare and destruction of sick/injured or unclaimed animals. The Animal Shelter is under the direction of the Animal Services Supervisor (non-sworn). The ORG-01.9 Animal Services Supervisor is responsible to the Commander of Administrative Services, and supervises between two to five employees. Some of the responsibilities of the Animal Services Supervisor are: . administers daily operations of the animal shelter . trains and evaluates subordinates . enforces ordinances and assists in updating of animal control regulations · heads Animal Services Advisory Board . supervises the treatment and adoption of animals · provides public informationltoursllectures . completes required documentation of activities . assists in budget preparation . other duties as assigned (For more complete description see City of Iowa City job descriptions) a. Under the Animal Services Supervisor are Animal Servi~s Officers (non-sworn). c5 ~ _ c Animal Services Officers are responsible to the Animi,ltG@rvi~s Supervisor. Some of the responsibilities of AnimaL S.&rvices il ff' '.1 N_ o Icers are: "-'-,.~ W -"'.11. , · enforces ordinances and conducts investigations ~.. "". ('r-] '" '----1 · conducts educational activities 5;:::~ ~, '-....J . picks up injured, stray and dead animals >)>.::: /', Cf) C) · attempts to locate owners of lost or injured animals - · administers euthanasia drugs as required · maintains records for adoptions, licensing and reclaims . verifies vaccinations of animals . other duties as assigned (For more complete description see City of Iowa City job descriptions) b. Also directly responsible to the Animal Services Supervisor are the Animal Care Technicians (non-sworn). Some to the responsibilities of Animal Care Technicians are: · cleans and disinfects kennel area . cares for animals and performs animal behavior evaluations · Recommend animals for euthanasia and administers euthanasia drugs as required · prepare animals for rabies testing · supervises obedience training and shelter volunteers · dispatches animal control officersd. perform adoption counseling ORG-01.10 . other duties as assigned (For more complete description see City of Iowa City job description) c. Also directly responsible to the Animal Services Supervisor are the Animal Center Assistants (non-sworn), Some of the responsibilities of Animal Center Assistants are: . cleans and disinfects kennel area . performs general custodial duties . cares for animals and assists In animal behavior evaluations . supervises shelter volunteers . dispatches animal control officers . updates animal control log entries . collects fees and issues receipts . other duties as assigned (For a complete description see City of low5 City jgp description) :s" =:;:: }~ ~..::. 2s --', oc:.:: I, -:; '" .-- ..:-:j ~-:-.- ') W '-] " ',~ i i 4. PLANNING AND RESEARCH __::C' ::!'~; "'~-'l r . ........ \~J The Planning and Research function is filled by a serMirit. 1l\€ sergeant is directly responsible to the Commander of Admmistra~ Services, but shall have access to the Chief of Police as need8cl. This position is responsible for statistical analysis of data, identification of trends, tracking and compilation of data for scheduled reports, forwarding of identified trends to appropriate sections or watches and media relations. In order to ensure the accurate and timely response to ongoing situations, the sergeant of Planning and Research shall have access to those resources and information necessary to develop required reports, Some of the responsibilities of the Sergeant of Planning and Research are: . report review . development of forms . completes required reports . updating of information for daily watch meetings . completes weekly, monthly, quarterly and annual reports on activities . provide statistics and information for citizen questionslrequests . completes information for government access channel (APB) . other duties as assigned ORG-01.11 5. PROPERTY MANAGER The position of Property Manager (non-sworn) IS directly responsible to the Commander of Administrative Services. In the absence of the Property Manager, the duties are performed by the Commander of Administrative Services or designee. The Property Manager is responsible for evidencelproperty, which comes in to the possession of the Iowa City Police Department. Some of the duties of the Property Manager are: . catalog and maintain evidence/property that is submitted . store and process film . submission of evidence to the appropriate lab . complete evidence sheetslreports . entry of evidencelproperty into records system . return evidence/property upon receiving disposition of a case . dispose of propertylevidence according to law and existing policy . other duties as assigned The position of Property Manager is filled by a CSO. This person's primary responsibility is to the property section, and when acting in this capacity the Property Manager is responsible to the Commander of Administrative Services. 6. TRAINING / ACCREDITATION OFFICER The Training/Accreditation Officer is a sergeant who is directly responsible to the Commander of Administrative Services. Some of the duties of the TraininglAccreditation Sergeant are: . identification of training needs . development of squad meeting training . keeping of training records development of training courses 0 "-J . = C~ posting of training opportunities ;2:C: 'On . ~- implementation of required training ):> -,-~ 0 . ,"~\ "~-~ "''''::: --:n maintenance of accreditation standards '~ -' N . -'''';'', G> ;" . Citizen's Police Academy liaison ,-<r-- ~I rr- k~ ' i . other duties as assigned 0::::> :~r '"~-'-J <.,.-/, C:i <,..."./ 7. COMPUTER SYSTEM ANALYST ~ Cl - The Computer System Analyst (non-sworn) is directly responsible to the Commander of Administrative Services, Some of the duties of the Computer System Analyst are: . maintenance of departmental computers . development of departmental software . other duties as assigned ORG-01.12 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, ,...~ 0 = ;2: c) (:."-j -'.,. )>-.:.:" C) <: -'11 '~) --'. N - , W .~.c "-'-1 :r:i~ i i 0 ......~ '_---1 <;;: m ); C> - INV-04.1 NARCOTICS, ORGANIZED CRIME AND VICE INVESTIGA TIONS Date of Issue General Order Number December 7,2001 01-09 Effective Date Section Code November 22, 2005 INV-04 Reevaluation Date Amends / Cancels October 2007 I CAL.E.A. I Reference I 43.1.1 - 43.1.3 INDEX AS: Criminal Investigations SRT ~ Narcotics/Drug Investigations Investigations 0 ii': Organized Crime Gangs ~ () c Covert/Undercover Operations ::- ~, I I ~ w' -~'-~, -ll I. PURPOSE ___, ~l; s:: .,-J ? 7:": CfJ The purpose of this policy is to identify the duties and responsibilitj/is of SWorn personnel in narcotic, organized crime or vice investigations. Cl II. POLICY Although it is the responsibility of each sworn member of the Iowa City Police Department to enforce and investigate all criminal activity including vice, narcotics and organized crime, the Criminal Investigations Section is specifically charged to respond to white collar crime, money laundering, narcotics/drug trafficking, vice, economic and organized crime activities. The Iowa City Police Department will monitor these criminal organizations and utilize appropriate investigative strategies, in conjunction with other involved law enforcement agencies, to identify members, develop criminal cases for prosecution and dismantle such organizations. INV-04.2 III. DEFINITIONS Organized crime groups are characterized by: A. A goal to perpetuate the life of the group; B. Financial or economic gain; C. Advancement of power or influence; D. Criminal activity. Organized crime groups may utilize intimidation, violence, or promote corruption to advance their goals. IV. PROCEDURES INVESTIGATIONS A. The Criminal Investigations Section (CIS) will routinely investigate vice/organized crime and druglnarcotics activities which come to its attention, These activities include but are not limited to: 1. Manufacture, distribution and possession of controlled substances (illicit drugs); 2. Illegal sale or distribution of firearms and/or explosives; 3, Prostitution; 4. Pornography; 5. Illegal gambling; 6, "Loan Sharking"; 7, Corn,Jption, such as the use of bribery or fraudulent activity to gain influence; 8, Gang related property crimes or crimes against persons, B. All intelligence information and complaints shall be reviewed and evaluated by the CIS supervisor for possible assignment. The CIS supervi~Qr will assign andlor authorize investigations based on the follesving Cflteria: <~ 1. Nature of intelligence/complaint; ::-E 0 0". 2. Validity of intelligence/complaint; )> =j ::2 -n 3. Availability of resources; '::- ~::-= 4. Priorities. :-';. '11 ~.~ ' . "..-, (~', _4 ',".-1 REPORTS AND RECORDS '-," c-;, <;: )> co A. All members of the department are responsible to report any suspectea='vice, narcoticsldrug, or organized crime activities, A thorough preliminary investigation will be conducted in a manner similar to all other criminal investigations and shall include witness information and statements. The CIS supervisor shall evaluate all information received and investigate crimes in conjunction with other investigative units. INV-04.3 B. All complaints of vice, narcotics/drug, or organized crime activities shall be recorded on an incident report form and may be issued a standard complaint number. a. Intelligence information not alleging a specific criminal act may be forwarded directly to the CIS supervisor for evaluation and determination if it shall be included in departmental criminal intelligence files. C. The Crime Analysis/lntelligence unit shall analyze available intelligence and assist investigators in identification of criminal organizations, networks, their activities, and characteristics of targeted victims. D. Each such case shall include full documentation of all correspondence or information sent and received to/from outside agencies. E. All active, open cases involving vice, narcoticsldrug and organized crime investigations shall be locked in a secure storage area by the case investigator. They shall not be placed in Central Records until a final disposition has been made andlor unless directed by CIS supervisor. F. The CIS supervisor shall track and document statistical information and maintain a complete log of all vice, narcoticsldrug, and o[ganizel(gcrime complaints. Q ~;: G. The CIS supervisor shall periodically meet with the Chie~Af2 Pa~e 6T\ designee to brief himlher on ongoing "vice" investigations. >, N:::- ~~jl '._ W ~\, .I' ~- _' COVERT AND UNDERCOVER OPERATIONS -, C' ~ '_J ~.J 7'~ C? A. CIS personnel who are assigned covert assignments will prepar~ppror:mate cover stories for home and work credibility, as determined by theCCIS supervisor. They shall not disclose their assignment to anyone outside of family and the criminal justice community. B. CIS personnel shall be responsible for and shall maintain overall confidentially of their cover and the cover of other assigned officers who are with the Iowa City Police Department or other agencies. C. The CIS supervisor shall issue equipment to covert officers as necessary for them to safely and effectively perform their duties. D. Officers assigned to undercover operations in vice, narcotic/drug, or organized crime investigations shall be responsible for those enforcement actions requiring undercover infiltration, drug buys, and deployment of decoys. E. The CIS shall utilize legal and acceptable methods when conducting covert operations and utilizing electronic surveillance equipment for the successful completion of the operation. F. Basic types of Covert Operations 1. Raids 2. Undercover infiltration, deployment of decoys or confidential informants 3. Surveillance G. The case investigator shall prepare a Covert Operations Plan for each operation. 1. The plan will provide information regarding the overall objective and incorporate information regarding procedures and methods, officer safety, target area and contingencies. INV-04.4 2. The Operations Plan will include type of operation, suspects, location, suspect vehicles, radio assignments, special concerns, officers involved, confidential informants, arrest/trouble signals, equipment and instructions. 3. The case investigator will ensure that all assisting personnel are informed of the details of the plan. a. If time permits, the plan should be reduced to writing and all participants provided a copy, with the original being forwarded to the CIS supervisor. b. If time does not permit the plan to be written prior to implementation, the case investigator shall detail the plan in writing after its execution. 4. All operations plans shall be reviewed and approved in advance by the CIS supervisor. Verbal approval may be given in those instances where the CIS supervisor is not physically present at the time of completion of the operations plan. 5. In the case of a raid in which the SRT is to be utilized, the SRT commander may approve the operations plan in lieu of the CIS supervisor. 6. Operations Plans shall be retained for a minimum of one calendar year. 7, The CIS supervisor shall be notified prior to commencement of all undercover operations, The undercover officer shall brief the supervisor about the investigation and any plans that have been made. The CIS supervisor is responsible for coordinating overall activities, 8, The safety of bystanders, cooperating individuals, and undercover officers shall be considered when planning and executing an undercover . "'" operation. 0 is g. The following shall also be considered during the planning a<~xe~ion of an undercover operation: )> -' S -'11 a. The true identity of the suspect(s), their methods Q~ 9per@on,;:= associates, places frequented, etc, -;::; ,:: ,Tl b, Make provisions for adequate auditory andlor visual ~eill~ce ':_'J prior to, during and after any purchase. <:;-,- C? c. Prearrange methods of communications, signals, :rendez~us points, etc, H, The security of official funds is the responsibility of the undercover officer and must be considered in the investigative objectives, 1, Money used during undercover operations as "flash" or buy money shall be photocopied or otherwise recorded prior to the start of the operation by the undercover officer or, if applicable, informant/agent. The officer shall sign and record the date and time and submit the record to the case file. a. These funds shall be accounted for on a quarterly basis in accordance with departmental guidelines. /. While acknowledging that any covert operation has certain inherent dangers, the decision to continue a specific operation must be continually evaluated by the officers involved, the supervisor and the commander. 1, Covert operations will be terminated when the danger level of the operation outweighs the benefit of obtaining the intelligence or making the case, INV-04.5 2. The decision to abandon the operation may be the most intelligent course of action, and may be made at the involved officer(s) discretion at any time, based on hislher judgment, knowledge, or "instinct", An officer will not be disciplined for abandoning an operation for cause, based on articulable reasons. ~6~ Samuel Hargadi e, 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. r--.j Q <"'~ =) C-"1 ~c:::<::) C~. --,-" ---1 -< 'il / N W i ~- 'Ii ". :'~,., 1'1 1--=, c52;d -,,::,. ',-J ...-/', ?? -:> )> C> C> lOW A CITY POLICE DEPARTMENT ~.~ , c. -I USE OF FORCE REPORT -'OJ,'--' - ,- , September 2005 -, - ~I -, -- - OFFICER DATE INC# INCIDENT FORCE USED _ -; -n _.-.- , r-..,",' 02,25 090105 05-43688 \Varrant Service Officers used hand5::{Jn control' ~ - technique to take a subject inlQ.;eustody that ,\\'3S resisting arrest. 14,42 090305 05-44032 r nterfcrence with Subject attempted to physically Official Acts interfere with the arrest of another after being told to leave the area. Officers used hands on technique to escort the subject away from the area and take them into cLlstody. 02.20 090305 05-40053 Intoxicated Subject Subject was placed under arrest for public intoxication and resisted hand cuffing efforts. Officers attempted to lIse control techniques to take the subject into custody. Subject continued to resist and was exposed to a chemical agent. Subject \vas then handcuffed and taken into custody. 23 090305 05044210 \\1 c1fare Check Subject attempted to assault Otficers and \vas placed in handcuffs. 59 090505 05-44656 Committal Officers used hand control techniques to diSarm a subject that \vas attempting to cut themselves. 47,) I 090605 05-44875 Trespass Subject was placed under arrest and resisted handcuffing eCforts. Orficers used control techniques to place handcuffs on the subject and escort them to a squad car. 38.58 091005 05-45472 Interference \vith Subject aSSaulted a Police Officer and Ofllcial Acts tried to facilitate the escape or another who had been arrested. Officers exposed the subject to a chemical agent and used control techniques to take the subject into custody. 38 091005 05-45472 Public IntoxiCation Subject \vas placed under arrest and resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject and escort them to a squad car. 36 091505 05-46342 Possession of Subject attempteo to destroy evidence. Controlled Substance OlTicer lIsed control techniques to remove the subject from their vehicle and take them into custody. 06 091605 05-46519 Bar Check Subject attempted to flee from Om.eers after being stopped for an alcohol violation. Officers llsed control techniques to detain the subject and place them in handcufIs. 47,44 091605 05-46574 Medical ASSIst Subject was placed under arrest and resisted handcuffing efforts. or(Jcers llsed control techniques to place handcuffs on the subject and escort them 10 a squad car. 33.51,31.05,36 091705 05-46839 Armed Subjc..:t 01Ticers drew sidearms while searching for a subject who had threatened another with a handgun. Subject was located and taken into cllstody \vithout incident. 21 09]705 05-4692 ] \Velfare Check Subject had been placed under arrest and resisted handcuffing efforts. Officers attempts to use control techniques to take the subject into custody were unsuccessful. Officers then exposed the subject to a chemical irritant which allmvcd them to be taken into custody. ()) 091805 05-47]32 Prowler Otlicers drew sidearms ",'hen searching the area for suspicious person. The subject was located and taken into custody without incident. 48 119]905 05-47349 Public Intoxicatinll Subject assaulted a Police Officer while at the hospital. Officers used control techniques to escort the subject out of the building. 25 092 ] 05 05-47741 Public Intoxication Subject assaulted Police Officers \vhilc at the hospital. Officers used control techniques to prevent the subject from further assaults. (:) , , n 092505 05-48442 Assault Subject attempted to as~~~u~ Po].!L:~ .U Oflicer. Oflicer us cd cortn-cil -j c. techniqucs to placc haii.ocutfs on-4lje subject. - - -- ,~:..... ~ '- .<:> ..) , ~:;:-.: .- -:: - --~: '.,,"- t.'~J '--" ~ ..::- .:::-0 5R,S52S,18,31 092505 05-4X459 fight in Progress Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques and a chemical irritant to take the take the subject into custody. 58 092505 05-48459 Fight in Progrcss Subject had been placed under arrest and refused to walk to a squad car to be transported. Officers used control techniques to escort the subject to a squad car. 31 092XOS 05-4X88X Criminal Mischief Subject had been placed under arrest and refused to sit in the back of a squad car to be transported. Officers used control techniques to assist the subject into a scated position for transport. 95.30 092905 05-49050 Burglary Officers responded to an alarm \vherc forced entry to the bui lding was located, O/Ticers drew sidearms \\'hilc searching the building, No suspects wcre located in the building. :~) ;::~n ,-.. , ',. '.-) '~.- ' -- .,-, -- '. .~..' ", _-:;J -. I' ,~ / Z< -- ~, ~- '.';) '. -~ ..:;-~- ':0 IOWA CITY POLICE DEPARTMENT LISE OF FORCE REPORT October 2005 OFFICER DATE INC# INCIDENT FORCE USED 20,44 100105 49648 Open ('ontai I1cr Subject \vas placed under arrest and resisted handcuffing e1Torts. Officers attempts to use control techniques were unsllccessful. Officers then exposed the subject to a chemical irritant and llsed control techniques to place handcutIs on the subject. 95,09 100205 49892 Public Intoxication Subject \vas placed under arrest and resisted handcuffing efforts. OITicers used control techniques to place handcuffs 011 the subject. 3 ] 100305 50091 Vehicle Pursuit Officers attempted to stop a vehicle reference a \velfarc check Oll the driver. The driver failed to yield and a pursuit began. After a short distance the pursuit \vas discontinued. 36 100605 50573 OWl Subject attempted to assault ofllcers. Officers used control techniques to place handcuff" on the subject. 56 100705 50778 \Varrant Service Subject was being arrested for all outstanding \varrant. Subject resisted handcuffIng efforts. Of/lcers used control techniques to place handcuffs on the subject. 95 100705 50~O8 Burglary Officers drew sidearms to search a residence after it was reported that an intruder \vas inside. No one was located. -- 95 100705 50810 Burglary. Officers drew sidearms to search a - ::~ building after responding there for an .. alarm and observing forced entry.. No ' -,~ " one was located. 0--.' ::--, -...--- --- ! , .~ :-;.~. c-:' 38 100805 SIJ096 I Fight in Progress Subject \1.,'35 involved in a physical altercation and separated fi"Olll the other party. Subject then attempted to assault another. Ol11cers exposed the sobject to a chemical irritant fo deler the action. 06,33 IIJ08IJS SIJ982 Fight in Progress Subject Was involved in a physical altercation and separated from the other party. Subject then attempted to assault another. Officers used control techniques to deter the action. 30 1009IJS 51167 lIit and Run Property Subject refused to stop for a traffIC Damage Accidellt violation. ^ pursuit ensued. After a short distance the vehicle pulled over and the driver was compliant. 18 IIJ]SOS 52148 Bar Check Subject had been placed under arrest and attempted to assault Officers. Officers exposed the subject to a chemical irritant to deter the action. 06,IJ9 101505 52156 PAULA Subject was stopped for an alcohol violation and attempted to run from Officers 011 foot. Officers used control tL'chnigues to take the subjt:ct into custody. 81,42,14 101505 5216(, Ann.:d Subject Officers responded to a report or an armed subject that \\ias in another's residence. Officer drew sidearms to search the residence for the subject. 1\' 0 one was located. 95 1015IJ5 52178 Disorder]y Conduct Subjects \vcre involved in a physical fight. Officers used control techniques 10 separate the subjects. 38,81 101605 52399 Assault Subject ',\'as placed under arrest and resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. 03_58 1016IJ5 52428 Domestic Subject attempted to assault an Officer. Officers exposed the subject to a ..:r chelnical irritant and used control <( techniques to deter the act and take the - - (;,:) '_/ i-:' subject into custody. ':-\- (-- ., , .',...... -"~, ~ I' ): c__ 0 -- - L ) ('-.J 19 102005 53222 !)ol1lcstic Inc,dent Subject fled on foot from O/ricers. Officer caught up with the subject and used control techniques to direct the subject to the ground and place thel11l1l handcuffs. U 102205 53773 Assault Subject assaulted a Police Officer. Officers used control techniques to deter the assault, direct the subject to the ground, and place them in handcuffs. 5~,55 102305 53879 Fight in Progress Officers llsed control techniques 10 separate 1\\/0 subjects that \vere in a physical altercation. One subject \V'ilS exposed to a chemical irritant to facilitate this. After exposure this subject the fled on foot. Officers caught LIP \"."jth the suhject and used control techniques to direct them to (he ground and place them in handcuffs. 58 102]05 53~79 Fight in Progress Officers used control techniques to separate t\\'o subjects that \....ere involved in a physical altercation. One subject \vas exposed to a chemical irritant to facilitate this. 59 !O2505 54249 Fight in Progre)s Subject \\'as involved in a physical altercation on a city bus. Officers told the subject to leave the bus. Subject refused. Officers used control techniques to escort the subject off of the bus. 59,16 !O2505 54264 Fight in Progre~s Subjcct was involved in a physical altercation and \vas placed under arrest. Subject resisted handcufling efforts. Ot11cers uscd control techniques to place the subject in hand.cuffs. ..S - :'f 31 ~ !02~O5 54662 Domestic Incidcllt Subject fled on foot from Officers. ,1'"--...., C Officer caught up with the subject and used control techniques to direct the c..,:. subject to the ground and place them in ---. - handcuff,>. I ! !O2805 54753 Weltare Check Subject attempted to assault a Police Officer. Officers used control techniques to deter the act and take the subject into custody. 31 102905 55077 Disorderly' Conduct Subjects were blocking an entrance/exit 10 an establishment and refused to move. Officers gave verbal directives for subjects to move along. One subject refused. Officers used control techniques to move the subject a\vay from the door. -::r - <( ;):;' <,.. ,'-'" -...- ........--' I ":c c. --- - ! I....._i r,' ~.' DEPARTMENT MEMO 05-58 TO: Chief Hargadine FROM: Captain Widmer REF: ./ulyl August Use or Force Rcview DATE: October 7, 2005 The bi-monthly "Usc or Force Rcview Committee mct on October 6,2005. It was composed or Captain Widmer, Sgl. Lord, Sgt. Hart and Omeer Schwindt. The review of submittcd reports for ./uly (15 incidents-20 reports) and August (14 inciden(s- 20 rcports) revcaled no policy or training conccrns. Of the 29 incidcnts, 2 were for destruction or an animal. No rcports needcd to be returned for correction or clarificalion. Orficers and supervisors are to be commended roc ajob well done. Copy: City Manager, PCRI3, Watch COlllmanders (~J :'-,.:, - -. '--'-1 .- ~!.-? , . I n._.... -- -. ""'-, ~ J _'c - .../ - .. - ,- December 13, 2005 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #05-03 Filed: 09/27/05 Chief's Report due (90days): 12/27/05 Chief's Report filed: PCRB Report due (45days): PCRB Complaint #05-04 Filed: 11/02/05 Chief's Report due (90days): 01/31/06 Chief's Report filed PCRB Report due (45days): POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS October 2005 Date Description None POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS November 2005 Date Description 11-7 Man called with questions regarding mediation. 11-18 Man came in with questions regarding complaint process. City or Iowa City. Iowa - Oftlcial Web Site Page 1 or 1 c1C~!!:!'1! l:tmlIam __mm._IllE.lII1search ] city services J organization chRrt J city code ] maps II Good Morning I Tuesday, Nov. 1, 2005 News City Resoll rces 410 East Washington Street, Iowa City, IA 52240 Ph: (319) 356-5000 . City Channel . Library Channel News Releases . News Releases + Senior Center TV 9TH ANNUAL CITIZEN'S POLICE ACADEMY Local Media APPLICATON . TV Thursday, October 27, 2005 - 12:54:00 PM KCRG, KGAN, KWWL Originating Department: Police PATV Ch. 18 Contact Person: 5gt. Mike Lord . Print Contact Number: (319) 356-5286 Gazette, IC Press Citizen, 9th Annual Citizen's Police Academy Daily Iowan Des Moines Register Applications to attend the "Citizen's Police Academy" are now being accepted through 5:00 . Radio KCJJ, PM Wednesday, January 18, 2006. Class size is limited so early registration is encouraged. KCRG, Application forms are available at the Iowa City Police Department, Coralville Police KHAK, Department, Johnson County Sheriff's Department, and the University of Iowa Police KRUI, Department, during normal business hours. KSUI, KXIC, The "Citizen's Police Academy" (CPA) meets once a week for 13 weeks, beginning KZIA, WSUI, February 1,2006, from 6:30 PM to 9:30 PM Each week covers a different topic and is WMT meant to promote a better relationship between law enforcement and the community it . Cable serves. The CPA is sponsored Jointly by the four area law enforcement agencies. Meetings Mediacom will take place at the Iowa City Water Treatment Plant Conference Facility located on North . Weather Dubuque Street. E-Services Training includes department tours and ride-a longs, defensive tactics, evidence collection, . Contact Us drug investigation, and many other areas of enforcement and operations. . Subscribe to City Info. (ICGOV2U) For more information, contact. 5gt. Mike Lord - Iowa City Police Dept. 356-5286 Officer Meleah Droll - Coralville Police Dept. 248-1800 Lt. Steve Hayslett - Johnson County Sheriff's Dept. 356-6020 Officer Brad Allison - University of Iowa Police Department 335-5043 ..~ ... !~<Iii}.:'r, "'-- _..~~ -~ -o,;'v .r <- home I services I business I calendar I news I jobs I departments ::;( t\ City of Iowa City - 410 East Washington Street -Iowa City, IA 52240 Copyright @ 2001-2005 City of Iowa City_ All Rights Reserved Contact Websile Manager Web Policies Email and other communication sent to the City of Iowa City are subject to the Iowa open records law. http://www.icgov.org/ncws.asp'!ID=3715 11/1/2005 Updated 12/09/05 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 Candy Barnhill, Vice Chair Term: September 1, 2003 - September 1, 2007 154 Friendship St Iowa City IA 52245 (H) 354-6111 Michael Larson Term: September 1, 2005 - September 1, 2009 625 Scott Park Road Iowa City, IA 52245 (H) 358-7818 Loren Horton Term: September 1, 2004 - September 1, 2008 3367 Hanover Ct Iowa City IA 52245-4016 (H) 351-5842 Greq Roth, Chair Term: September 1,2005 - September 1, 2009 770 Broadmoor Dr North Liberty, IA 52317 (H) 665-4338 groth@kirkwood.edu Beth Enqel Term: September 1, 2004 - September 1, 2008 725 Bradley St Iowa City IA 52240 (H) 338-4098 Catherine Puqh, Legal Counsel 4743 Dryden Ct Iowa City IA 52245-9250 (H) 339-4617 FAX - 351-6409 pugh705@hotmail.com Panc 1 ofz" b I/c:... /(cl Cd':' (r_~ ( , 1 C(( Kellie Tuttle I~ ~.~ ) --:;/ I ~~ ( From: Kellie Tuttle Sent: Friday, November 18, 2005 12:31 PM To: 'Diane E. Carlson' Subject: RE: FW Questions about police citizens' review board Attachments: Annual Report 03-04 doc: Annual Report 02-03.doc; Annual Report 01-02.doc: Annual Report 00-01.doc; Annual Report 99-00.doc; Annual Report 98-99.doc; Annual Report 97-98.doc Here are the other annual reports. I would think you should be able to search either the Iowa City Press Citizen or the Cedar Rapids Gazette. The citizen's name was Eric Shaw and I believe the date of the incident was August 30, 1996. We have links to both papers on our website wwwlcgovor9 If you click on the NEWS tab it 9ives a list of local media. You can also search our council database by a word search which would give you transcriptions of meetings and any correspondence that was submitted to council On the website hornepage there is a link under MOST REQUESTED PAGES then City Council Agendas, then a link to view counCil documents from 1995 to present Let me know If you need anything else. Kel/Je Tuttle City of Iowo City City Clerks Office 319-356-5043 From: Diane E. Carlson [mailto:shantishakti@yahoo.com] Sent: Friday, November 18, 2005 12:12 PM To: Kellie Tuttle Subject: Re: FW: Questions about police citizens' review board Kellie, Thank you so very much' This is very helpful. Ifit is not too much trouble to send all ofthc other previous years' annual rcports, that would be extremely helpful, too. Also, I would like to get more specific information about tragedy that startcd this process Cor your community. Do you think I would be able to look on the web t()r your newspaper and look in its archives') 1 r not, do you have any suggestions about how I can fInd that inrormation') I don't want you to have to go into it and it would be important to see how the community responded and what happened after. Thank you, again, very much. Sincerely, Diane Carlson Davis. CA Kellie Tuttle <Kellie-Tuttle@iowll-city.org> wrote: Diane- In Iowa City, the City Council wrote and adopted a municipal ordinance which created the Police Citizens Review Board and delineated its duties, responsibilities, powers, and limitations. Their immediate motivation was a tragic incident in which a citizen died. It was felt bv the Citv Council that such a review body to receive citizen .J v. -' corn plaints would be a good and useful thing. The proper governmental bodies in 12/13/2005 Page 2 or J. Iowa to pass a law to create such a review board would be the City Council for cities or the Board of Supervisors for counties. I am attaching the Board's most current annual report. If you would like previous years, I also have those available. I will also send separate attachments with the by-laws, standard operating procedures and guidelines, and the current City Code section, and a link to the City website with the Board information. If you have any other questions please ask. Thank-you. Kellte Tuttle City of Iowa City City Clerks Office 319-356-5043 ---~-- From: Marian Karr Sent: Friday, November 18, 2005 10: 16 AM To: Kellie Tuttle Subject: FW: Questions about police citizens' review board From: Diane E. Carlson [mailto:shantishakti@yahoo.com] Sent: Tuesday, November 01,20051:10 PM To: marian-karr@iowa-city.org; sandy-bauer@iowa-city.org Subject: Questions about police citizens' review board Hcllo. My name is Diane Carlson and I am a commissioner on the City of Davis (California) Human Relations Commission. Our community is currently exploring the possibility of establishing a police review board and I am hoping that you might be able to give me some information about your city's experience with establishing it and how it has worked for you so far. We've received a great deal of help from Berkeley, but we're also interested in asking about your experiences because your city is very similar in size and ethnic make-up to ours, plus Iowa City is a university town as well. We would sincerely appreciate any information you can give us: howlwhy the idea came up to begin a board in Iowa City, how the process of development fared (what were arguments for and against and why did the "for" arguments succeed), and how the board is working now (how do citizens view it and how do police view it, etc). If I've emailed the wrong people I'd sure appreciate it if you could forward me to the correct people. I got these emails rrom your websitc and from a list of police revicw boards across the county. Thank you very much for your time and assistance. Sinccrely, Dianc Carlson Davis, California City of Davis Human Relations Commission