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HomeMy WebLinkAbout05-10-2022 Meeting PacketMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: May 5, 2022 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, MAY 10, 2022 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 05/10/22 • Minutes of the meeting on 04/12/22 • Minutes of the Community Forum on 04/20/22 • ICPD General Order 00-01 (Search and Seizure) • ICPD Policy Manual — (306 Firearms) • ICPD Quarterly Summary Report IAIR/CPRB, 1 st Quarter 2022 • Proposed Revisions to Ordinance 8-8 • Office Contacts — April 2022 • Complaint Deadlines CPRB Contacts AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY MAY 10, 2022 — 5:30 P.M. EMMA J HARVAT HALL 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 04/12/2022 • Minutes of the Community Forum on 04/20/2022 • ICPD General Order 00-01 (Search and Seizure) • ICPD Policy Manual — (306 Firearms) • ICPD Quarterly Summary Report IAIR/CPRB, 1st Quarter 2022 ITEM NO. 3 NEW BUSINESS Discussion of Draft Ordinance 8-8 Amendment ITEM NO.4 OLD BUSINESS Community Forum ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 6 BOARD INFORMATION ITEM NO. 8 STAFF INFORMATION ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • June 14, 2022, 5:30 PM, Emma J Harvat Hall • July 12, 2022, 5:30 PM, Emma J Harvat Hall August 9, 2022, 5:30 PM, Emma J Harvat Hall ITEM NO.10 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 21.5(1)(i) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule If you will need disability -related accommodations in order to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tmmy-neumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. CPRB-Page 2 May 10, 2022 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. 12 ADJOURNMENT DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — APRIL 12, 2021 CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies, Orville Townsend, Stuart Vander Vegte MEMBERS ABSENT: Amanda Nichols STAFF PRESENT: Staff Kellie Fruehling/Tammy Neumann OTHERS PRESENT: Legal Counsel Patrick Ford; Iowa City Police Chief Dustin Liston; Councilor Laura Bergus, CPRB Liaison; Redmond Jones II, Deputy City Manager INTRODUCTION OF NEW MEMBERS CPRB members welcomed three new members to the Board. Ricky Downing, Melissa Jensen, and Stuart Vander Vegte, were appointed to the Board by City Council on April 5, 2022. Each board member shared information about themselves with each other. RECOMMENATIONS TO COUNCIL (1) Accept CPRB #22-04 Report CONSENT CALENDAR Motion by Mekies, seconded by MacConnell to adopt the consent calendar as presented. • Minutes of the meeting on 03/08/22 • ICPD Use of Force Review/Report January ■ ICPD General Order 99-03 (Prisoner Transport) Motion carried 6/0, Nichols absent. NEW BUSINESS No new business. OLD BUSINESS Community Forum: Fruehling reminded CPRB members of the Community Forum scheduled on Wednesday, April 20 at 6 p.m. via Zoom. Staff will work with the Chair regarding the opening presentation. Chief Liston shared that he will participate in the forum in whatever manner the board is comfortable with. Townsend asked if there were new officers hired since the previous forum. Chief Liston said that there have been 17 new officers hired and that he could arrange for some of them to be present during the forum. DRAFT PUBLIC DISCUSSION Redmond Jones II, Deputy City Manager, introduced himself to the CPRB board members. He noted that was attending various boards and commission meetings to learn more about them. He also shared that approximately 27 years ago he was the management analyst at the City of Fort Worth and while gathering information about other police review boards, contacted Iowa City for input on the CPRB. He said that he has been in his currently position for six months. BOARD INFORMATION Mekies asked if Chief Liston reviews the comments on the public report from the Board. Liston stated that he does read those comments. He further noted that when staff reviews any complaint, whether it be sustained or not sustained, they always find lessons to be learned. Whether they identified a policy violation or not, there has yet to be something that the Board has made comments on that he hasn't already addressed. He considered the Board's input to be important. He reminded board members that while he is unable to share personnel decisions with the Board, he does consider all comments when addressing the complaints. Townsend reminded board members that this is an advisory board and that hopefully any suggestions that are brought to table are in some way going to lead to improvements to the police force. He asked that board members keep this in mind. STAFF INFORMATION Fruehling noted that some of the boards and commissions have opted to sit at the dais during their meetings and she wanted to offer this to the Board. Board members agreed that the current layout is preferred. MEETING SCHEDULE and FUTURE AGENDAS • April 20, 2022, 6:00 P.M. Community Forum (Virtual) • May 10, 2022, 5:30 p.m., Emma J. Harvat Hall • June 14, 2022, 5:30 p.m., Emma J. Harvat Hall EXECUTIVE SESSION Motion by Mekies, seconded by MacConnell, to adjourn into 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 of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried 6/0, Nichols absent. Open session adjourned at 5:50 P.M. DRAFT REGULAR SESSION Returned to open session at 6:50 p.m. Motion by Mekies, seconded by Vander Vegte, to accept the Public Report as amended for CPRB Complaint #22-04 and forward to City Council. Motion Carried 6/0, Nichols absent. Motion by Mekies, seconded by Jensen, to set the level of review for CPRB Complaint #22-01 at 8-8-7(B)(1)(a) on the record with no additional investigation. Motion carried 6/0, Nichols absent. Motion by Vander Vegte, seconded by Jensen, to set the level of review for CPRB Complaint #22-02 at 8-8-7(B)(1)(a) on the record with no additional investigation. Motion carried 6/0, Nichols absent. Motion by Jensen, seconded by Downing, to set the level of review for CPRB Complaint #22-03 at 8-8-7(B)(1)(a) on the record with no additional investigation. Motion carried 6/0, Nichols absent. Motion by Jensen, seconded by Downing, to set the level of review for CPRB Complaint #22-05 at 8-8- 7(B)(1)(a) on the record with no additional investigation. Motion carried 6/0, Nichols absent. ADJOURNMENT Moved by MacConnell, seconded by Jensen, to adjourn the meeting at 6:56 p.m. Motion carried 6/0, Nichols absent. DRAFT COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM April 20, 2022, 6:00 P.M. Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because meeting in person was impossible or impractical due to concerns for the health and safety of board members, staff and the public presented by COVID-19. CALL TO ORDER: Board Member Melissa Jensen called the meeting to order at 6:08 p.m. MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies, Amanda Nichols (6:21 p.m.), Orville Townsend, Stuart Vander Vegte MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Fruehling and Tammy Neumann OTHERS PRESENT: Legal Counsel, Patrick Ford; Iowa City Police Chief Dustin Liston; City Council Member Laura Bergus, CPRB Liaison CALL TO ORDER & ROLL CALL Board Member Jensen called the meeting to order. WELCOME AND INTRODUCTION OF BOARD All members introduced themselves and shared a bit about themselves. Patrick Ford, CPRB Counsel, introduced himself as well. CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS As no correspondence was received, Jensen moved on to item #4 on the agenda. COMMUNICATING WITH THE CPRB — WHO WE ARE AND WHAT WE DO Townsend pointed out that Iowa City is one of a few cities in the country that has a Community Police Review Board (CPRB). He explained that the board reviews complaints that have been filed by a citizen who feels that he or she has been treated unfairly or did not receive the level of respect they feel they were due by a member of the Iowa City Police Department. Once a complaint is filed, it is shared with the Board and the Police Chief. The Police Chief will review the complaint and complete an investigation. The Chief will then file a report based on his findings. He will determine if the police officer acted appropriately or inappropriately. Townsend noted that Iowa City Police Officers wear body cameras and the squad cars are equipped with dashboard cameras. The Board will have the opportunity to view those videos. After the board has reviewed the complaint and any available video, as well as the Chief's report, they will make a ruling determining if the complaint is sustained or not sustained. Townsend explained that as an advisory board, they can make recommendations to City Council. Jensen asked for a description of what it means for a complaint to be sustained or not sustained. Ford noted that the language of sustained or not sustained comes from the CPRB ordinance. He explained that sustained means that the board agrees with the complainant or citizen that wrongful conduct by an officer occurred. Not sustained is the opposite, meaning that the board has determined that they do not agree with the complainant. DRAFT Nichols shared some changes that have been made to the Board since 2021. She noted that the Board has expanded from five to seven members. Complainants are now given an opportunity to respond to the Chief's report prior to the Board completing their investigation. Citizens can file a complaint directly with the Board or with the Police Department and can have a support person with them through the entire process. Additionally, the statute of limitations to file a complaint has been lengthened from 90 to 180 days. Townsend explained that the Police Chief or a representative is present at the CPRB meetings. Nichols clarified that the Police Chief or representative are present for the public part of the meeting only and does not attend the executive session. It is during the executive session that the board discusses the complaint and determines the next necessary step in their investigation process. Nichols went on to explain the complaint filing process in more detail. She noted that complaint forms are available on the City website or in hardcopy form. As mentioned earlier, she noted that the complainant has 180 days from the date of the incident to file a complaint. Once a complaint is received, the Police Chief will complete his investigation and then file a report on his findings. This report is sent to the complainant and shared with the CPRB. The complainant has 21 days from the time of the Chief's report to file a response. If a response is filed, the Chief then has 10 days to respond. It is at this point that the Board determines which level of review to set the complaint at. If the board feels they have enough information they will discuss and make a decision as to whether a violation has occurred. If so, the board will move forward with further investigation. The board then has 90 days to write their report with a decision to either sustain or not sustain the complaint. Nichols pointed out that the complaints name and the name of the officers are not made public. PUBLIC DISCUSSION Members of the public present included Redmond Jones II, Martha Shaw, and Kathleen Thornton. The questions presented to the board were as follows: what the Boards place is in helping to build trust between the Police Department and the community outside of handling filed complaints, if the complaint forms that are filed with CPRB are the same as what is filed with the Police Department, and if there is data available that reflects the number of complaints that are sustained or not sustained. ADJOURNMENT Meeting adjourned at 6:48 p.m. REDLINE VERSION Red highlights are deletions Green highlights ae additions to . 5 ' x c+► is e s $$r is SEARCH AND SEIZURE Original Date of Issue General Order Number January 10, 2000 100-01 Effective Date of Reissue Section Code March 11, 2022 LEG-04 Reevaluation Date Amends March 2023 LEG-04 Previous Version 2010 C.A.L. E.A. Reference 1.2.4 (see "INDEX AS:") iAinFX AS - Search Seizure Warrants I. PURPOSE Arrests Stop and Frisk The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches and seizures that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional and statutory rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal Constitutional provisions and statutes governing the. - seizure of persons or property. II. DEFINITIONS A. Constitution of the United States of America: 2W LEG-04.1 LEG-04.2 Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. M. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that persons have the right to be free of unreasonable search and seizure as afforded by the Constitutions of the United States and the State of Iowa. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits (see SOG 18-08 that addresses communication with persons with limited English proficiency (LEP). - B. Exigent Circumstances: "- 1. An officer may search without a warrant when obtaining consent or a warrantis: impractical. In addition to exigent circumstances, there must be probable cause. Two types of exigent circumstances are movable vehicles and hot pursuit. a. Hot Pursuit Exception A doctrine that allows police to enter a premise where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator and where there is C X E LEG-04.3 probable cause. Flight, in Land of itself, in misdemLai-Ur cases is not are exgeflt cirCLIMStanCe to enter a home without. a warrant. Examples of exigent circumstances that WOUld sallow a :varr artless r ntry into a residence i17CILIde iniminent harm to ethers, threat to officer, and destruction of evidence. b. Automobile Exception A moveable vehicle may be searched if, at the time of the stop, there is probable cause that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. Community Caretaker Exception A warrantless search of a residence is permissible under the community caretaking function. Probable cause is not required but the officer must be reasonably (both objectively and ime. Stop and Frisk: An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. Inventory Searches of Impounded Vehicles: The Iowa Supreme Court in State v. Ingram, 914 N.W.2d 794 (Iowa 2018) set forth the following three tenants that must be followed for a vehicle to be impounded and searched consistent with the search and seizure provision of the Iowa Constitution: "the police should advise the owner or operator of the options to impoundment"; "personal items may be retrieved from the vehicle"; and "if the vehicle is impounded, containers found within the vehicle will not opened but stored for safekeeping as a unit unless the owner or operatd- directs otherwise". Question 1. Is impoundment necessary? Impoundment is necessary if there is no driver or owner present Impoundment may be necessary after alternative arrangements that do-t not interfere with public safety short of impoundment are explored. The officer must explore alternative arrangements, which include: F1 LEG-04.4 Can the vehicle be parked and locked on the street or nearby lot? Is there is a passenger that can take the vehicle, who is not impaired and has a valid license? - Can the driver or owner arrange for the vehicle to be towed at the owner's or driver's expense within a reasonable period of time? Is a third party or friend of the driver able to come and take the vehicle within a reasonable period of time? Is there any other option under the circumstances that the driver suggests and that does not interfere with public safety? - Is there any other option under the circumstances identified by the officer that does not interfere with public safety? What a reasonable period of time is will be based on the circumstances, such as weather and the location. If impoundment is not necessary, the driver or owner can agree to have the vehicle impounded. If the vehicle is impounded with driver or owner consent, an inventory search may be conducted consistent with the following section. Question 2. If impoundment of the vehicle is necessary, the officer may conduct an inventory search consistent with the following: The officer may request to search the vehicle. If specific consent is not knowingly and voluntarily given, the officer must inventory closed containers in plain view left behind in the vehicle as a unit. Bags and containers must not be opened. In order for the consent to be knowingly and voluntarily given, the officer must tell the driver that closed containers in plain view may be stored for safekeeping, and if they are stored, they will not be opened without a warrant. In order for the consent to be knowingly and voluntarily given, the officer must ask the driver whether there is any property in the vehicle the driv-i[ wishes to retain. If the answer is yes, the driver must be allowedto- `— retrieve it. The officer should take necessary steps to assure personal safety. P� With respect to property left behind, the officer must ask the driver, whether there is anything of value requiring safekeeping and make a record of the response in order to protect the ICPD from a later claim of theft of valuables. F. Search Incident to Arrest: LEG-04.5 When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. I. Library and Aggravated Theft: Persons concealing property as set forth in section 711.3B (aggravated theft) and 714.5 (theft of library materials or equipment) may be detained and searched by an officer provided the detention is for a reasonable length of time and is conducted in a reasonable manner by a person of the same sex. r"a Search and Seizure Pursuant to Warrant CD A. What Property May Be Searched A search warrant may be issued: 1. For property which has been obtained in violation of law. ` 2. For property, the possession of which is unlawful. 3. For property used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered. 4. For any other property relevant and material as evidence in a criminal prosecution. B. Legal Basis for Obtaining a Search Warrant LEG-04.6 1. In order to obtain a search warrant, an officer must be able to show probable cause to believe that specific evidence, contraband, or instrumentalities/fruits of a crime may be found at a particular location. 2. Specific facts establishing probable cause must be set forth with clarity and sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place or thing. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. C. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Person, Place or Thing to Be Searched: The person, place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; _ (4) Name of owner or occupant; (5) Geographical location of the property; - • - (6) Map coordinates or distances from given reference points; (7) Photographs, satellite photographs, maps, or diagrams that aid in specifically identifying the location to be searched; (8) Photographs, physical description including gender, height, weight, e-Ye color, hair color, and name of the person to be searched. (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a search of the premise and its "curtilage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. LEG-04.7 (2) Motor vehicles known to be on the premises that may be searched should be specified. (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high-technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be served at any time of the day or night, as operationally required, within 10 days from the time of issuance. (1) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained (the second signature must be from a lieutenant or higher. This would include a sergeant appointed as an Acting Watch Commander) (see Appendix 1). The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may wai the requirements of the Search Warrant Checklist (e.g. obtaining blood for;arf"OW'.T3 investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for fhb supervisor's waiver must be documented in writing prior to the service of the 7- warrant on Appendix I. 4. As all search warrants have potential for violence, the officer making applicatl will, at a minimum and prior to the execution of the warrant: --- cr ,h (a) Check the criminal history of any person known to reside or frequent the location i.e. associates. (b) Check the address for any history of violence. (c) Prior to serving the warrant, the officer making application will call the current agency responsible for providing deconfliction services. LEG-04.8 If, after completing this assessment, the officer making application discovers information that may make this a high risk warrant service, the officer will make the approving supervisor aware of the information at which point they will follow Search and Seizure Pursuant to Warrant -section G (pg. 9) to make a final determination on whether or not it meets the high risk criteria. D. Supervisory Review of Issued Search Warrant Prior To Execution Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. E. Execution of the Search Warrant 10-Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre -Surveillance: For narcotics / drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes prior to the execution of the search warrant. 3. Pre -Search Briefing: Prior to the execution of a search warrant, the'sLONi"isor in charge of the search should ensure that a pre -search briefing is conducted to inform assisting officers of the following: (a) The supervisor in charge of the search; (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that may exist; (d) The manner of approach and entry into the premises; (e) The assignment of assisting officers as necessary to: LEG-04.9 (1) Ensure exterior containment of the premises; (2) Guard and/or transport any persons arrested; (3) Search designated areas; (4) Restrict access at entrances; (5) Collect and handle evidence; and (6) Interviews of any persons present; (f) The communications procedures to be used; (g) Historical data of suspects; (h) Update from surveillance Officer on scene; (i) Written Safety Plan — copies to all officers participating; (see Appendix //) (k) Staging area discussion. 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Once it has been determined that the scene is secure, the supervisor may designate an officer to complete the search warrant process. Upon conclusion of the search, the supervisor in charge or designee is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objectiv and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises: both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by office after the search. All photographs and videos taken at a search warrant are evidence and will be placed in evidence or on the video storage system at the conclusion of the search warrant. 7 Officers involved in the service of a search warrant shall comply with GO 99-08 Body Worn Cameras and In -Car Recorders. 8 Officers may break into any structure or vehicle where reasonably necessary to execute the warrant if, after notice of this authority and purpose the officer's admittance has not been immediately authorized. The officer may use reasonable force to enter a structure or vehicle to execute a search warrant LEG-04.10 without notice of the officer's authority and purpose in the case of vacated or abandoned structures or vehicles. Officer executing a search warrant may break restraints when necessary for the officer's own liberation or to effect the release of a person who has entered a place to aid the officer. 9 Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his/her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give notice in a manner likely to be heard by anyone present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 10 Serving the Warrant: Before undertaking any search, the officer must leave a copy of the warrant with the person to be searched or the person in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits (see SOG 18-08 that addresses communication with persons with limited English proficiency (LEP). If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. 11 Detention of Persons Present: A warrant to search a premises does not authorize an officer to search any person present if an item is not found in the premises. In the execution of a search warrant the person executing the same may reasonably detain and search any person or thing in the place at the time for any of the following reasons: 1. To protect the searcher from attack. y.� 2. To prevent the disposal or concealment of any property subject tq seizure described in the warrant. -- 3. To remove any item which is capable of causing bodily harm that. the person may use to resist arrest or effect an escape. ; 13 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he/she may also take possession of the items so discovered. 14 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the LEG-04.11 premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 15 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00-10. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 16 Supervisor Responsibility. Upon conclusion of the operation, the approving supervisor shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Records Section. Records will forward those documents to the Sergeant of Investigations where it shall be maintained in a secure location separate from the investigative case file. F. Return of the Search Warrant 1. Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. G. Liaison with the County Attorney 1. Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. H. High -Risk Warrant Service Operations Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes a high -risk operation under the provisions of this policy, the supervisor in charge must consider several factors: (a) The characteristics and location of the target premises and the number of .;. persons likely to be present. (b) The anticipated need for pre -planned forcible or dynamic tactical entry-intQ the premises. (c) Facts and information known or foreseen by officers that indicate an unusually high potential for violence or physical danger exists. The danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (eg., explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). LEG-04.12 (d) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make a threat -assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. 3. Authorization for high -risk warrant service operations must be given by the Commander of Field Operations or designee. 4. High -risk warrant service operations must be preceded with a written plan to include, at a minimum, the following: (a) The procurement of any special equipment or resources needed; (b) The designation of a radio talk group to be used and any special communications procedures to be followed; (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist; (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; (f) All requirements regarding deconfliction are met per SOG 14-02. rya 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and/or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practicaF; ; following the operation; T (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; LEG-04.13 (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. Strip Searches Strip searches are governed by the Iowa Code in addition to the U.S. Constitution (4th Amendment) and the Iowa Constitution (Article I, Section 8). A. Definitions. Gender: The state o.f being ,hale or female in relation to the social and cultural roles that are considered appropriate for men and women. Gender Expression: External characteristics and behaviors that are socially viewed as masculine. androgynous. or feminine. Gender expression is tlie. external ma.11ifestation of one's gender, identity. External appearance of one's gender identity, usually expressed through behavior, clothing. body characteristics or voice. and which may or may not conform to socially defined behaviors and characteristics typically associated.w& being either 1`718sculine or feminine. Others perceive a person's gender through these attributes. Gender Identity: A person's gender -related identity, appearance, or behavior. This may be different from what is traditionally associated with the person's physiology or assigned gender at birth. One's innermost concept of sell' as male. female; a blend of both or neither - how individuals perceive themselves and what they call themselves. One's gender identity can be the same or different from their sex assigned at birth. Gender Non-confori-ring A t;road term refernna to peopie who do not behave in a way that conforms to tl-re tracliknal expectations c! their gender, or wP�o.se gender expression does not fit neatly into a category. VVhile many also iduTiUty as trans�end0r, n.o..t all.geM.er noo-con forrriny people do.. Transgender Individual: A person whose gender identity differs from their assigned sex. Sexual Assault Nurse Examiners (SANE): Registered nurses who have completed specialized education and clinical preparation in the medical forensic care of the patient who has experienced sexual assault or abuse Iowa Code 702.23 defines strip search as follows: "Strip search" means. having' --'a person remove or arrange some or all of the person's clothing so as to permit an inspection ofhe genitalia, buttocks, anus, female breasts or undergarments of that person or a physical�oFobe of any body cavity. Iowa Code 702.24 defines visual strip search as follows: A "visual strip search"- means having a person remove or arrange some or all of the person's clothing so as to permif-6 visual'' inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person. B. A person arrested for a simple misdemeanor may be subject to a strip search and/or a visual strip search under certain conditions. LEG-04.14 C. Under Iowa Code Section 804.30, the following conditions apply: (a) A person arrested for a simple misdemeanor shall not be subjected to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) written authorization of the supervisor on duty is obtained. (b) A person arrested for a scheduled violation shall not be subject to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) a search warrant is obtained. (c) A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person. 2. Any person arrested for a scheduled violation or a simple misdemeanor may be subjected to a search probing the mouth, ears, or nose. 3. All searches conducted shall be performed under sanitary conditions. 4. All searches conducted, except for the probing of the mouth, ears, or nose, shall be conducted in a place where the search cannot be observed by persons not conducting the search. 5. All searches shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unless the search is conducted by a h sician. * i bullet #7 fo"960 6. Subsequent to a strip search, a written report shall be prepared which includes the written authorization of the supervisor on duty, the name of the person subjected to the search, the names of the persons conducting the search, the time, date, and place of the search, and a copy of the search warrant, if applicable authorizing the search. A copy of the report shall be provided to the person searched. 7. Officers will inform transgender and :g d ;t nrconforming individuals of their right to express a preference of officer gender for searches a. Absent exigent circumstances, before performing any level of search of transgender ai d pnder non -conforming individuals, officers will inform them of the right to express a preference for the gender of the officer who will con -Oct the search. b. Officers will record the following information on either their In-C.ar Camera, Body - Worn Camera, or video recording devices located in the department. - The advisement and request for preference - = - The individual's response CD - Whether or not the request was granted - Reason for not granting the request, if applicable T) LEG-04.15 C. If the transgender or gender non-confbrming individual has a preference, at least one officer of the gender requested will conduct the search, whenever possible. d. Officers must take into account the reasonableness of any delay created by waiting for another officer. e. If the transgender .or gender non-conforrriing individual does not specify a preference, at least one officer of the same gender as the transgender or gender non -conforming individual's gender expression will conduct the search. Example: A male officer would search a transgender man who indicates no preference for the search. When in doubt regarding any searches of a transgender individual, officers will call a supervisor to the scene prior to searching. D. Consistent with the limits U.S. Constitution and the Iowa Constitution, a person may voluntarily waive these requirements. All waivers shall be in writing. E. In instances involving juveniles, the juvenile's parent or legal guardian will be contacted and asked to come to the station or other facility. F. SANE nurses may be utilized for the collection of evidence during strip search procedures, including the search of body cavities, if the Iowa Code, as applicable, and the U.S. Constitution (4th Amendment) and the Iowa Constitution (Article I, Section 8) are not violated. G. Except as required herein, if the individual being searched has a preference, at least one officer of the gender requested will conduct the search, whenever possible. CIVIL RIGHTS Searches and seizes shall be conducted in such manner to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. (See GO 89-04 on Civil Rights). Dustin Liston, 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. LEG-04.16 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. 1 Code of Iowa Chapter 808. 2 General Order 00-01, Search & Seizure. 3 General Order 89-04, Civil Rights. 4 General Order 99-02, Alarms -Open Door Response. 5 General Order 01-02, Informants. Officer Making Application: Approving Supervisor *: Lieutenant (or higher): Submitted: / ! Reviewed: Reviewed: Safety Plan Waiver (Signature) (Signature) (Signature) All provisions of the Search Warrant Control Review are waived with the exception of the post warrant service. Reason: Location is already secured Records only/DNA only Vehicle only Dther: Rimery i sor Date Post Warrant Service 1 Leave paperwork at scene of items seized. Applicant Supervisor 2 Notification to supervisor of results, concerns and problems. Applicant Supervisor 3 Use of Force report if applicable. Applicant Supervisor. 4 Return of service to the court. Applicant Supervisor Prior to service of the search warran copies of the following are to be finished and on -file. , 1 Original complaint report(s). 2 All follow-up reports. - 3 All intelligence reports. - r 4 Copy of search warrant. 5 Copy of signed Search Warrant Control Review. 6 Copy of Safety Plan. 7 Any other reports, data, relevant to the search warrant. *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations. LEG-04.17 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and Judge's Signatures: 1. Satellite photograph of target / neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant: 1. Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3. Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks: hr] 1. Verification of address of target Applicant Supervisor 2. Method of entry and order of stack Applicant Supervisor 3. Exterior residence containment - Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor 5. Searchers / Interviewers Applicant Supervisor Q 7 a 11. 12 Observation and control of suspects Applicant Supervisor Communications with dispatch Applicant Supervisor Historical data of suspects Applicant Supervisor Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan — copies to all officers participating Applicant Supervisor Staging area discussion Applicant Supervisor Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service: Moved to page 1. - LEG-04.18 LEG-04.19 DATE: INCIDENT #,. CASE AGENT: SUPERVISOR: Click here t0 enter text. �,licl<. her to eilier te:1t. CliC!<. here to enter text. Click here to enter" text. [(800)308-5983] DECONFLICTION #: DECONFLICTED BY: DECONFLICTION DATEITIME: Mick here to enter text. Click here to enter text. Click here tr, t4=xt TYPE OF OPERATION AND MISSION OBJECTIVE: BUY: ❑ BUY/BUST: ❑ SEARCH WARRANT: ❑ SURVEILLANCE: ❑ OTHER: ❑ Click here to enter text. BACKGROUND Click here I_,c, enter text. SUBJECT NUMBER ONE NAME SEX RACE DOB AGE HEIGHT WEIGHT EYES HAIR Click here to enter Clio _:ii;- licl<. Click Ciirk Click lic;`r. ;ter... C;.hck here to I SUSPECT'S ADDRESS(S) PRIMARY: Click ;ere to en(er text. ALTERNATE: Click here to nte; text SUSPECT'S VEHICLE(S) YEAR MAKE MODEL COLOR LIC # STATE here t: : Click. here t) n�. Ali ��tc �ei� _ i..,herClick enter text. enter te:<t. enter ie ct. enter text enter- text CRIMINAL HISTORY REMARKS: to enlier text. WEAPONS: Click h= -e t.-) enter xt - VIOLENT HISTORY: Clio: i vere to enter t x1 PHOTO: ❑ SEE ATTACHMENT: ❑ - - LEG-04.20 )F,RCOVER PERSC AGENT/OFFICER CALL SIGN MOBILE # PAGER # Click here to enter Click here to enter Click, here to enter Click here to enter text, text. text. text. VEHICLE MAKE MODEL YEAR COLOR LIC # STATE Click here to (-'.lick here CIirk Clicl<. here Click here Click Mere to enter text. enter text. to enter here to to enter to enter text. enter text. text. text. CHOOSE 11-10SPITIAd- HERE PERSONNEL AGENT/OFFICER ID # PHONE # VEHICLE ASSIGNMENT LEG-04.21 LEG-04.1 SEARCH AND SEIZURE Original Date of Issue General Order Number January 10, 2000 �00-01 Effective Date of Reissue Section Code March 11, 2022 LEG-04 Reevaluation Date Amends March 2023 LEG-04 Previous Version 2010 C.A.L. E.A. Reference 1.2.4 see "INDEX AS:") 1AIncv n c. �earcn Seizure Warrants I. PURPOSE Arrests Stop and Frisk The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches and seizures that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional and statutory rights of persons being searched and with due=- 7 regard for the safety of the officers involved. All seizures shall comply with aT relevant state and federal Constitutional provisions and statutes governing this' seizure of persons or property. II. DEFINITIONS A. Constitution of the United States of America: LEG-04.2 Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. M. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that persons have the right to be free of unreasonable search and seizure as afforded by the Constitutions of the United States and the State of Iowa. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits (see SOG 18-08 that addresses communication with persons with limited English proficiency (LEP) B. Exigent Circumstances: 1. An officer may search without a warrant when obtaining consent or a w�.Irrant-is impractical. In addition to exigent circumstances, there must be probable causq. Two types of exigent circumstances are movable vehicles and hot pursu:it., a. Hot Pursuit Exception A doctrine that allows police to enter a premise where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator and where there is LEG-04.3 probable cause. Flight, in and of itself, in misdemeanor cases is not an exigent circumstance to enter a home without a warrant. Examples of exigent circumstances that would allow a warrantless entry into a residence include imminent harm to others, threat to officer, and destruction of evidence. b. Automobile Exception A moveable vehicle may be searched if, at the time of the stop, there is probable cause that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. C. Community Caretaker Exception A warrantless search of a residence is permissible under the community caretaking function.. Probable cause is not required but the officer must be reasonably (both objectively and subjectively) justified in performing the search for reasons other than investigating a crime. (Note: Exigent circumstances other than the community caretaking exception exist for a warrantless search when conducted to preserve life.) D. Stop and Frisk: An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: The Iowa Supreme Court in State v. Ingram, 914 N.W.2d 794 (Iowa 2018) set forth the following three tenants that must be followed for a vehicle to be impounded and searched consistent with the search and seizure provision of the Iowa Constitution: "the police should advise the owner or operator of the options to impoundment"; "personal items may be retrieved from the vehicle"; and "if the vehicle is impounded, containers found within the vehicle will not -be opened but stored for safekeeping as a unit unless the owner oroperatok directs otherwise". Question 1. Is impoundment necessary? Impoundment is necessary if there is no driver or owner present. Impoundment may be necessary after alternative arrangements that do not interfere with public safety short of impoundment are explored. The officer must explore alternative arrangements, which include: Can the vehicle be parked and locked on the street or nearby lot? LEG-04.4 Is there is a passenger that can take the vehicle, who is not impaired and has a valid license? - Can the driver or owner arrange for the vehicle to be towed at the owner's or driver's expense within a reasonable period of time? - Is a third party or friend of the driver able to come and take the vehicle within a reasonable period of time? Is there any other option under the circumstances that the driver suggests and that does not interfere with public safety? Is there any other option under the circumstances identified by the officer that does not interfere with public safety? What a reasonable period of time is will be based on the circumstances, such as weather and the location. If impoundment is not necessary, the driver or owner can agree to have the vehicle impounded. If the vehicle is impounded with driver or owner consent, an inventory search may be conducted consistent with the following section. Question 2. If impoundment of the vehicle is necessary, the officer may conduct an inventory search consistent with the following: The officer may request to search the vehicle. If specific consent is not knowingly and voluntarily given, the officer must inventory closed containers in plain view left behind in the vehicle as a unit. Bags and containers must not be opened. In order for the consent to be knowingly and voluntarily given, the officer must tell the driver that closed containers in plain view may be stored for safekeeping, and if they are stored, they will not be opened without a warrant. In order for the consent to be knowingly and voluntarily given, the officer must ask the driver whether there is any property in the vehicle the driver wishes to retain. If the answer is yes, the driver must be allowed to A, retrieve it. The officer should take necessary steps to assure person safety. With respect to property left behind, the officer must ask the driver whether there is anything of value requiring safekeeping and make a record of the response in order to protect the ICPD from a later claim of theft of valuables. F. Search Incident to Arrest: LEG-04.5 When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. I. Library and Aggravated Theft: Persons concealing property as set forth in section 711.3B (aggravated theft) and 714.5 (theft of library materials or equipment) may be detained and searched by an officer provided the detention is for a reasonable length of time and is conducted in a reasonable manner by a person of the same sex. Search and Seizure Pursuant to Warrant A. What Property May Be Searched A search warrant may be issued: 1. For property which has been obtained in violation of law. 2. For property, the possession of which is unlawful. 3. For property used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered. 4. For any other property relevant and material as evidence in a criminal prosecution. B. Legal Basis for Obtaining a Search Warrant C. 1. In order to obtain a search warrant, an officer must be able to show probable cause to believe that specific evidence, contraband, or instrumentalities/fruits of a crime may be found at a particular location. 2. Specific facts establishing probable cause must be set forth with clarity and sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place or thing. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Person, Place or Thing to Be Searched: The person, place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; f� (2) Physical description of the premises; r (3) Legal description of the premises; (4) Name of owner or occupant; (5) Geographical location of the property; rN, (6) Map coordinates or distances from given reference points; (7) Photographs, satellite photographs, maps, or diagrams that aid in Y specifically identifying the location to be searched; (8) Photographs, physical description including gender, height, weight, (e color, hair color, and name of the person to be searched. �- (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a search of the premise and its "curtilage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. LEG-04.6 LEG-04.7 (2) Motor vehicles known to be on the premises that may be searched should be specified. (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high-technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be served at any time of the day or night, as operationally required, within 10 days from the time of issuance. (1) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained (the second signature must be from a lieutenant or higher. This would include a sergeant appointed as an Acting Watch Commander) (see Appendix 1). The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waivethe requirements of the Search Warrant Checklist (e.g. obtaining blood for--an-Owl- investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant on Appendix 1. r� 4. As all search warrants have potential for violence, the officer making application will, at a minimum and prior to the execution of the warrant: (a) Check the criminal history of any person known to reside or frequent the location i.e. associates. (b) Check the address for any history of violence. (c) Prior to serving the warrant, the officer making application will call the current agency responsible for providing deconfliction services. LEG-04.8 If, after completing this assessment, the officer making application discovers information that may make this a high risk warrant service, the officer will make the approving supervisor aware of the information at which point they will follow Search and Seizure Pursuant to Warrant -section G (pg. 9) to make a final determination on whether or not it meets the high risk criteria. D. Supervisory Review of Issued Search Warrant Prior To Execution Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. E. Execution of the Search Warrant 10-Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre -Surveillance: For narcotics / drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes prior to the execution of the search warrant. 3. Pre -Search Briefing: Prior to the execution of a search warrant, the supervisor in charge of the search should ensure that a pre -search briefing is conducted to inform assisting officers of the following:' (a) The supervisor in charge of the search; - (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that-mav exist; (d) The manner of approach and entry into the premises; (e) The assignment of assisting officers as necessary to: LEG-04.9 (1) Ensure exterior containment of the premises; (2) Guard and/or transport any persons arrested; (3) Search designated areas; (4) Restrict access at entrances; (5) Collect and handle evidence; and (6) Interviews of any persons present; (f) The communications procedures to be used; (g) Historical data of suspects; (h) Update from surveillance Officer on scene; (i) Written Safety Plan — copies to all officers participating; (see Appendix ll) (k) Staging area discussion. 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Once it has been determined that the scene is secure, the supervisor may designate an officer to complete the search warrant process. Upon conclusion of the search, the supervisor in charge or designee is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objective and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises bath before and after the search is conducted for the purpose of documefiting the property in its original condition and the condition in which it was left:by officers after the search. All photographs and videos taken at a search warrant are - evidence and will be placed in evidence or on the video storage system ate conclusion of the search warrant. 7 Officers involved in the service of a search warrant shall comply with GO 99-08 Body Worn Cameras and In -Car Recorders. 8 Officers may break into any structure or vehicle where reasonably necessary to execute the warrant if, after notice of this authority and purpose the officer's admittance has not been immediately authorized. The officer may use reasonable force to enter a structure or vehicle to execute a search warrant LEG-04.10 without notice of the officer's authority and purpose in the case of vacated or abandoned structures or vehicles. Officer executing a search warrant may break restraints when necessary for the officer's own liberation or to effect the release of a person who has entered a place to aid the officer. 9 Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his/her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give notice in a manner likely to be heard by anyone present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 10 Serving the Warrant: Before undertaking any search, the officer must leave a copy of the warrant with the person to be searched or the person in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits (see SOG 18-08 that addresses communication with persons with limited English proficiency (LEP). If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. 11 Detention of Persons Present: A warrant to search a premises does not authorize an officer to search any person present if an item is not found in the premises. In the execution of a search warrant the person executing the same may reasonably detain and search any person or thing in the place at the time for any of the following reasons: 1. To protect the searcher from attack- 2. To prevent the disposal or concealment of any property subject toseizure described in the warrant. 3. To remove any item which is capable of causing bodily harm that, -the person may use to resist arrest or effect an escape. 13 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he/she may also take possession of the items so discovered. 14 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the LEG-04.11 premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 15 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00-10. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 16 Supervisor Responsibility: Upon conclusion of the operation, the approving supervisor shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Records Section. Records will forward those documents to the Sergeant of Investigations where it shall be maintained in a secure location separate from the investigative case file. F. Return of the Search Warrant 1. Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. G. Liaison with the County Attorney 1. Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. H. High -Risk Warrant Service Operations 1. Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes a,, high -risk operation under the provisions of this policy, the supervisor in charge:] must consider several factors: (a) The characteristics and location of the target premises and the nu`rrber o'fr- persons likely to be present. (b) The anticipated need for pre -planned forcible or dynamic tactical entry in% , the premises. (c) Facts and information known or foreseen by officers that indicate an unusually high potential for violence or physical danger exists. The danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (eg., explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). LEG-04.12 (d) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make a threat -assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. 3. Authorization for high -risk warrant service operations must be given by the Commander of Field Operations or designee. 4. High -risk warrant service operations must be preceded with a written plan to include, at a minimum, the following: (a) The procurement of any special equipment or resources needed; (b) The designation of a radio talk group to be used and any special communications procedures to be followed; (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist; (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; (f) All requirements regarding deconfliction are met per SOG 14-02. 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and/or critique of the operation with key participating _ personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and 70 departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; LEG-04.13 (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. Strip Searches Strip searches are governed by the Iowa Code in addition to the U.S. Constitution (4th Amendment) and the Iowa Constitution (Article I, Section 8). A. Definitions, Gender: The state of being male or female in relation to the social and cultural roles that are considered appropriate for men and women. Gender Expression: External appearance of one's gender identity, usually expressed through behavior, clothing, body characteristics or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. Others perceive a person's gender through these attributes. Gender Identity: One's innermost concept of self as male, female, a blend of both or neither — how individuals perceive themselves and what they call themselves. One's gender identity can be the same or different from their sex assigned at birth. Gender Non -conforming: A broad term referring to people who do not behave in a way that conforms to the traditional expectations of their gender, or whose gender expression does not fit neatly into a category. While many also identify as transgender, not all gender non -conforming people do. Transgender Individual: A person whose gender identity differs from their assigned sex. Sexual Assault Nurse Examiners (SANE): Registered nurses who have:comp16ted specialized education and clinical preparation in the medical forensic c_a_ re'of the patient who has experienced sexual assault or abuse Iowa Code 702.23 defines strip search as follows: "Strip search" means;haviro a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical -probe of any body cavity. Iowa Code 702.24 defines visual strip search as follows: A "visual strip search" means having a person remove or arrange some or all of the person's clothing so as to permit a visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person. B. A person arrested for a simple misdemeanor may be subject to a strip search and/or a visual strip search under certain conditions. C. Under Iowa Code Section 804.30, the following conditions apply: 1. (a) A person arrested for a simple misdemeanor shall not be subjected to either a LEG-04.14 strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) written authorization of the supervisor on duty is obtained. (b) A person arrested for a scheduled violation shall not be subject to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) a search warrant is obtained. (c) A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person. 2. Any person arrested for a scheduled violation or a simple misdemeanor may be subjected to a search probing the mouth, ears, or nose. 3. All searches conducted shall be performed under sanitary conditions. 4. All searches conducted, except for the probing of the mouth, ears, or nose, shall be conducted in a place where the search cannot be observed by persons not conducting the search. 5. All searches shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unless the search is conducted by a physician. * See bullet #7 for transgender, gender identity, gender expression, and gender non -conforming considerations. 6. Subsequent to a strip search, a written report shall be prepared which includes the written authorization of the supervisor on duty, the name of the person subjected to the search, the names of the persons conducting the search, the time, date, and place of the search, and a copy of the search warrant, if applicable authorizing the search. A copy of the report shall be provided to the person searched. 7. Officers will inform transgender and gender non -conforming individuals of their right to express a preference of officer gender for searches a. Absent exigent circumstances, before performing any level of search of transgender and gender non -conforming individuals, officers will inform them of the right to express a preference for the gender of the officer who will conduct the search. b. Officers will record the following information on either their In -Car Camera, Body - Worn Camera, or video recording devices located in. the department:: - The advisement and request for preference -7 - The individual's response - Whether or not the request was granted - Reason for not granting the request, if applicable C. If the transgender or gender non -conforming individual has a preference, at least one officer of the gender requested will conduct the search, whenever possible. LEG-04.15 d. Officers must take into account the reasonableness of any delay created by waiting for another officer. e. If the transgender or gender non -conforming individual does not specify a preference, at least one officer of the same gender as the transgender or gender non -conforming individual's gender expression will conduct the search. Example: A male officer would search a transgender man who indicates no preference for the search. When in doubt regarding any searches of a transgender individual, officers will call a supervisor to the scene prior to searching. D. Consistent with the limits U.S. Constitution and the Iowa Constitution, a person may voluntarily waive these requirements. All waivers shall be in writing. E. In instances involving juveniles, the juvenile's parent or legal guardian will be contacted and asked to come to the station or other facility. F. SANE nurses may be utilized for the collection of evidence during strip search procedures, including the search of body cavities, if the Iowa Code, as applicable, and the U.S. Constitution (4th Amendment) and the Iowa Constitution (Article I, Section 8) are not violated. G. Except as required herein, if the individual being searched has a preference, at least one officer of the gender requested will conduct the search, whenever possible. CIVIL RIGHTS Searches and seizes shall be conducted in such manner to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. (See GO 89-04 on Civil Rights). Dustin Liston, 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. LEG-04.16 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. 1 Code of Iowa Chapter 808. 2 General Order 00-01, Search & Seizure. 3 General Order 89-04, Civil Rights. 4 General Order 99-02, Alarms -Open Door Response. 5 General Order 01-02, Informants. Officer Making Application: Approving Supervisor *: Lieutenant (or higher): Submitted: Reviewed: Reviewed: Safety Plan Waiver (Signature) (Signature) (Signature) All provisions of the Search Warrant Control Review are waived with the exception of the post warrant service. reason: Location is already secured Records only/DNA only Vehicle only Dther: Date Post Warrant Service 1 Leave paperwork at scene of items seized. Applicant Supervisor 2 Notification to supervisor of results, concerns and problems. Applicant Supervisor 3 Use of Force report if applicable. Applicant Supervisor 4 Return of service to the court. Applicant Supervisor- ry Prior to service of the search warrant copies of the following are to be finished and on file.. - 1 Original complaint report(s). 2 All follow-up reports. 3 All intelligence reports. 4 Copy of search warrant. 5 Copy of signed Search Warrant Control Review. 6 Copy of Safety Plan. CO 7 Any other reports, data, relevant to the search warrant. *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations. LEG-04.17 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and Judge's Signatures: 1. Satellite photograph of target / neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant: I. Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3. Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks: 1. Verification of address of target Applicant Supervisor 2. Method of entry and order of stack --- Applicant Supervisor 3. Exterior residence containment Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor 5. Searchers / Interviewers Applicant Supervisor 6. Observation and control of suspects Applicant Supervisor 7. Communications with dispatch Applicant Supervisor 8. Historical data of suspects Applicant Supervisor. 9. Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan — copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor 12 Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service: Moved to page 1. y rV f� LEG-04.18 LEG-04.19 I ' IOWA CITY POLICE DEPARTMENT OPERATIONAL PLAN 'I DATE: INCIDENT #: CASE AGENT: POLICE SUPERVISOR: Click here to enter text. `;iirk here to enter text. Click here to enter text. Click here to enter teal. [48U0]3D8�a883] DECONfLICTION #: DECONFLICTED BY: DECONFLICTION DATEITIME: Click here to enter text. Click here to enter text. Click here to enter text. TYPE OF OPERATION AND MISSION OBJECTIVE: BUY: ❑ BUY/BUST: ❑ SEARCH WARRANT: ❑ SURVEILLANCE: ❑ OTHER: ❑ `,dick here to enter text. BACKGROUND C.'eIick here to enter tex.t. SUBJECT NUMBER ONE NAME SEX RACE DOB AGE HEIGHT WEIGHT EYES HAIR iC harms to enter Clic CliC i lick Click lick Click Click here C11ck. here to SUSPECT'S ADDRESS(S) PRIMARY: Click her- to enter ta;;t. ALTERNATE: Click here to enter tax,,'_ SUSPECT'S VEHICLE(S) YEAR MAKE MODEL COLOR LIC # STATE Chick hera to Click here to lick: here to Ciick ere to "lick here to Click here to nt e r text enter text enter text. :Inter text enter text. enter text. CRIMINAL HISTORY REMARKS: Clicl` mere to enter te:a. WEAPONS: ClIc-k here to enter text. VIOLENT HISTORY: Click here to ente, tea. PHOTO: ❑ SEE ATTACHMENT: ❑ LEG-04.20 UNDERCOVER PERSONNEL AGENT/OFFICER CALL SIGN MOBILE # PAGER # Click here to enter Click here to enter Click here to enter Click here to enter text. text. text. text. VEHICLE MAKE MODEL YEAR COLOR LIC # STATE Click here to Click here Click Click here Click here Click here to enter text. enter text. to enter here to to enter to enter text. enter text, text. text. MONITORING BODY WIRE / RECORDING TYPE: WORN BY: I MONITORED BY: Click here to enter text. Click here to enter text I Click here to enter text. CHOOSE HOSPITAL HERE SURVEILLANCE NOTES ® • , . LEG-04.21 REDLINE VERSION Red highlights are deletions Green highlights are additions Iowa City Police Department Policy Manual Firearms Iowa City Police Department Policy Manual Firearms 306.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer -Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 306.2 POLICY The Iowa City Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well -armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by a firearms instructor. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the Chief of Police. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 306.3.1 HANDGUNS Department approved duty handguns are : - i. Glock 17 Gen 4 or Gen 5 - 9mm - Including MOS Models ii. Glock 19 Gen 4 or Gen 5 - 9mm - Including MOS Models iii. Glock 22 Gen 4 -.40 S&W (Department Issued Only) iv. Glock 23 Gen 4 -.40 S&W (Department Issued Only) .. v. Glock 26 Gen 4 or Gen 5 - 9mm (Plainclothes and Admin Assignments Only)' vi. Glock 34 Gen 4 or Gen 5 - 9mm - Including MOS Models vii. Glock 45 Gen 5 - 9mm Including MOS Models yii_i_ _G: lack 43X - 9mm - Including_.MOS Models (Rairzclothes and Admin Assignments. Da I. �W -05Ck. 4$. - ,9mn3. - I.ncIudira. MSS Models f�laindothes and Adfilli 7 Assignments Q.. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved. ***DRAFT*** Firearms - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms 306.3.2 SHOTGUNS Department approved shotguns are i. Remington: 870 12 gauge pump action ii. Benelli M4 12 gauge semi -automatic iii. Remington 870 Magnum Breaching Shotgun — for Special Response Team iv. Beretta 1301 306.3.3 PATROL RIFLES Department approved patrol rifles are: i. Rock River Arms, Model: LAR15 ii. Bravo Company, Model: BCM4 iii. Colt, Models: 6720, 6920, and 6940 iv. Aero Precision, Models: X15 and M4E1 v. Knight's Armament, Model: SR15 vi. Daniel Defense, Model: DDM4 vii. LMT, Model: Defender viii. Geissele Automatics, Model: SD-556 ix. SOLGW, Models: Loyal 9 and M4-76 x. SIONICS, Model: SAR-15 A. BV Arms, Model: BV4 xii. FN Herstal, Model FN15 xiii. Sons of Liberty Model M4-76 Custom Rifle Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at long range. (c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor. (g) When needed to euthanize an animal. When not deployed, the patrol rifle shall be properly secured consistent with department training in a locking weapons rack orc argo area or trunk of a marked or unmarked i vehicle. 306.3.4 PERSONALLY OWNED DUTY FIREARMS Members desiring to carry an authorized but personally owned duty firearm must receive written Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms duty firearms are subject to the following restrictions: (a) The firearm shall be in good working order and on the department list of approved firearms. (b) The firearm shall be inspected by a firearms instructor prior to being carried and thereafter shall be subject to inspection on an annual basis. (c) Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the firearm functions properly. (d) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Lead Firearms Instructor, who will maintain a list of the information. 306.3.5 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a) The handgun shall be in good working order and on the department list of approved firearms. (b) Only one secondary handgun may be carried at a time. (c) The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d) The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e) The handgun shall be inspected by the Lead Firearms Instructor prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f) Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (h) Members shall provide written notice of the make, model, color, serial nurt7"er and @@ caliber of a secondary handgun to the Lead Firearms Instructor, who will rritain`a list of the information. (IJ Depar-Imena approved secondary handguns lnr;lude; All handgW)s approved as duly weapons. 2. GIo 33, 36.:12. 413 — 3 sm %evolvers: 60, 340PD 36ORD. 442. 63' . u38,.64 - 6 Body' gu"I tiu!GS, - Bodyguard '.�80. t%-I&P Shield (inclu 2 0 Copyright Lexipol, LLC 2022/04104, All Rights Reserved *DRAFT*** Firearms - 3 Published with permission by Iowa City Police Department Firearms Iowa City Police Department Policy Manual cInCj Plus MO(Jel$), NJ&PG (-I.O LaTjrl 2.0). q. Ruger: LCR (.38 Special. 357 fll�agr utln ('exclude,s .22 LR versions). K_Springf eldi XD-9, Hellcat 6, Sig Sailer: P365, P365X. P365XL 306.3.6 AUTHORIZED OFF -DUTY FIREARMS 9nim) , LCP. LCP If, LCP MAX The carrying of firearms by members while off -duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a department issued firearm while off -duty, based on their authority as peace officers, will be required to meet the following guidelines: (a) The firearm shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (b) It will be the responsibility of the member to submit the firearm to the Lead Firearms Instructor for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Lead Firearms Instructor. (c) Prior to carrying any off -duty firearm, the member shall demonstrate to the Lead Firearms Instructor that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner. (d) The member will successfully qualify with the firearm prior to it being carried. (e) If a member desires to use more than one firearm while off -duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (f) Members shall only carry department -authorized ammunition. (g) When armed, officers shall carry their badges and Iowa City Police Department identification cards under circumstances requiring possession of such identification. 306.3.7 AMMUNITION Members shall carry only department -authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department -issued firearms during the member's firearms qualification at least once a year. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Lead Firearms Instructor when needed, in accordance with established policy. Members carrying personally awned authorized firearms of a caliber differing from department- issued firearms shall be responsible for obtaining fresh duty ammunition in accordance wit,h the above, at their own expense. 306.4 EQUIPMENT Firearms carried on- or off -duty shall be maintained in a clean, serviceable condition-,. aint�nance ,_ and repair of authorized personally owned firearms are the responsibility of the individual member. 306.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Lead Firearms Instructor. Firearms that are the property of the Department or personally owned firearms that are approved Copyright Lexipol, LLC 2022/04104, All Rights Reserved ***DRAFT*** Firearms - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms for department use may be repaired or modified only by a person who is department -approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Lead Firearms Instructor. Any repairs or modifications to the member's personally owned firearm shall be done at his/her expense and must be approved by the Lead Firearms Instructor. 306.4.2 HOLSTERS Only department -approved holsters shall be used and worn by members when on duty. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 306.4.3 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off -duty after they have been examined and approved by the a firearms instructor. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 306.4.4 OPTICS OR LASER SIGHTS Optics may only be installed on a firearm carried on- or off -duty after they have been examined and approved by the Lead Firearms Instructor. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 306.4.5 SOUND SUPPRESSORS a. The department may provide sound suppressors for department issued patrol and SRT rifles that meet the requirements of this policy. The issuance of department owned sound suppressors shall be at the discretion of the lead range officer. b. Officers with authorized personally owned rifles may purchase sound suppressors for duty use on those rifles that meet the requirements of this order with the approval of the lead range officer or designee. c. The use of a sound suppressor on a department owned or approved patrol rifle is subject to the following requirements: i. The make and model of sound suppressor and method of attachment shall be approved by the lead range officer. ii. All approved sound suppressors shall attach via a "quick detach" muzzle devicd-y- ich shall be installed by a department armorer. iii. The rifle shall be zeroed with the sound suppressor attached and all qualifications shall be completed with the sound suppressor attached. iv. The sound suppressor shall be attached at all times when the rifle is carried aff—used on duty. d. Sound suppressors shall be inspected by department armorers as part of the rifle inspection. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 5 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms Repairs to sound suppressors shall only be completed by the manufacturer or manufacturer approved gunsmith. 306.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by a firearms instructor. Members shall not dry fire or practice quick draws except as instructed by the Lead Firearms Instructor or other firearms training staff. (c) Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d) Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded using clearing barrels. (e) Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into a jail when processing an arrestee but shall place all firearms in a secured location. (f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g) Any firearm authorized by the Department to be carried on- or off -duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Lead Firearms Instructor for inspection and repair. Any firearm deemed in need of repair or service by the Lead Firearms Instructor will be immediately removed from service. If the firearm is the member's primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 306.5.1 INSPECTION AND STORAGE Handguns shall be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. Personally owned firearms may be safely stored in lockers at the end of the shift. Derartment- owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner and stored in the appropriate equipment storage room. 306.5.2 STORAGE AT HOME Members shall ensure that all firearms and ammunition are locked and secured whi in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department -issued firearms to be handled by anyone not authorized by the Department to do so. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 6 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Iowa Code § 724.22). 306.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off -duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or taken any combination thereof that would tend to adversely affect the member's senses or judgment. 306.5.4 SUBSECTION TITLE 306.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on -duty are required to successfully complete training annually with their duty firearms. In addition, all members will qualify at least annually with their secondary firearms. Training and qualifications must be on an approved range course (501 IAC 8.1(80B)). At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low -light shooting. 306.6.1 NON -CERTIFICATION OR NON -QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall advise his/ her immediate supervisor prior to the end of the required training or qualification period. Those who fail to meet minimum standards or qualify shall be provided remedial training and will be subject to the following requirements: (a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for: 1. Unauthorized range make-up. 2. Failure to meet minimum standards or qualify after remedial training.:` Members who repeatedly fail to meet minimum standards will be removed from field as5jgnment and may be subject to disciplinary action. 306.7 FIREARM DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off -duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer -Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. Copyright Lexipol, LLC 2022/04104, All Rights Reserved ***DRAFT*** Firearms - 7 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms In all other cases, written reports shall be made as follows: (a) If on -duty at the time of the incident, the member shall file a written report.Division Commander (b) If off -duty at the time of the incident and under the auspice of taking police action, the member shall file a written report unless otherwise directed by a supervisor. 306.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. 306.7.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 306.7.3 WARNING AND OTHER SHOTS Warning shots by officers of the Iowa City Police Department are prohibited. 306.8 LEAD FIREARMS INSTRUCTOR DUTIES The range will be under the exclusive control of the Lead Firearms Instructor. All members attending will follow the directions of the Lead Firearms Instructor. The Lead Firearms Instructor will maintain a roster of all members attending the range and will submit the roster to theJ-Taining Coordinator after each range date. Failure of any member to sign in and out with the Lead Firearms Instructor may result in non -participation or non -qualification. The Lead Firearms Instructor has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper. operaa— ion. The Lead Firearms Instructor has the authority to deem any department -issued or personail5+ owned firearm unfit for service. The member will be responsible for all repairs to his/her personcilty owned firearm; it will not be returned to service until it has been inspected and approved by the Lead Firearms Instructor. The Lead Firearms Instructor has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 8 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms The Lead Firearms Instructor shall complete and submit to the training coordinator documentation of the training courses provided. Documentation shall include a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Lead Firearms Instructor should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Coordinator. 306.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b) Officers must carry their Iowa City Police Department identification card, bearing the officer's name, a full -face photograph, identification number, and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver's license, passport). (c) The Iowa City Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer's travel. If approved, TSA will send the Iowa City Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer's need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department -appointed instructor. -. (f) It is the officer's responsibility to notify the air carrier in advance. 'of -.the intended- armed travel. This notification should be accomplished by early check -in at the -carrier's. check -in counter. M.m (g) Any officer flying while armed should discreetly contact the flight crew;prior.to. take=off'; and notify them of his/her assigned seat. (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry -on luggage and may not be stored in an overhead compartment. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 9 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms (i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 306.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 92613): (a) The officer shall carry his/her Iowa City Police Department identification card whenever carrying such firearm. (b) The officer may not be the subject of any current disciplinary action. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d) The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. Copyright Lexipol, LLC 2022104/04, All Rights Reserved. ***DRAFT*** Firearms - 10 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms Iowa City Police Department Policy Manual Firearms 306.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer -Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 306.2 POLICY The Iowa City Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well -armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by a firearms instructor. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the Chief of Police. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. ^v 306.3.1 HANDGUNS Department approved duty handguns are i. Glock 17 Gen 4 or Gen 5 — 9mm — Including MOS Models ii. Glock 19 Gen 4 or Gen 5 — 9mm — Including MOS Models - iii. Glock 22 Gen 4 —.40 S&W (Department Issued Only) iv. Glock 23 Gen 4 —.40 S&W (Department Issued Only) v. Glock 26 Gen 4 or Gen 5 — 9mm (Plainclothes and Admin Assignments Only) vi. Glock 34 Gen 4 or Gen 5 — 9mm — Including MOS Models vii. Glock 45 Gen 5 — 9mm Including MOS Models viii. Glock 43X — 9mm — Including MOS Models (Plainclothes and Admin Assignments Only) ix. Glock 48 — 9mm — Includina MOS Models (Plainclothes and Admin Assignments Only) Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms 306.3.2 SHOTGUNS Department approved shotguns are i. Remington: 870 12 gauge pump action ii. Benelli M4 12 gauge semi -automatic iii. Remington 870 Magnum Breaching Shotgun — for Special Response Team iv. Beretta 1301 306.3.3 PATROL RIFLES Department approved patrol rifles are: i. Rock River Arms, Model: LAR15 ii. Bravo Company, Model: BCM4 iii. Colt, Models: 6720, 6920, and 6940 iv. Aero Precision, Models: X15 and M4E1 =a v. Knight's Armament, Model: SR15 vi. Daniel Defense, Model: DDM4"I vii. LMT, Model: Defender viii. Geissele Automatics, Model: SD-556 ix. SOLGW, Models: Loyal 9 and M4-76 ..w x. SIONICS, Model: SAR-15 = °' xi. BV Arms, Model: BV4� xii. FN Herstal, Model FN15 xiii. Sons of Liberty Model M4-76 Custom Rifle Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at long range. (c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor. (g) When needed to euthanize an animal. When not deployed, the patrol rifle shall be properly secured consistent with department training in a locking weapons rack orc argo area or trunk of a marked or unmarked i vehicle. 306.3.4 PERSONALLY OWNED DUTY FIREARMS Members desiring to carry an authorized but personally owned duty firearm must receive written Copyright Lexipol, LLC 2022104/04, All Rights Reserved. ***DRAFT*** Firearms - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms duty firearms are subject to the following restrictions: (a) The firearm shall be in good working order and on the department list of approved firearms. (b) The firearm shall be inspected by a firearms instructor prior to being carried and thereafter shall be subject to inspection on an annual basis. (c) Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the firearm functions properly. (d) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Lead Firearms Instructor, who will maintain a list of the information. 306.3.5 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a) The handgun shall be in good working order and on the department list of approved firearms. (b) Only one secondary handgun may be carried at a time. (c) The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d) The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e) The handgun shall be inspected by the Lead Firearms Instructor prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f) Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (h) Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Lead Firearms Instructor;; who MI maintain a list of the information. y (i) Department approved secondary handguns include.- 1 . All handguns approved as duty weapons. 2. Glock: 27, 30, 31, 32, 33, 36, 42, 43 3. Smith and Wesson Revolvers: 60, 340PD, 360PD, 442, 637, 638,-640, 642, Bodyguard 38. Semi -autos — Bodyguard 380, M&P Shield (incluftt g 2.0 Pro Copyright Lexipol, LLC 2022/04104, All Rights Reserved ***DRAFT*** Firearms - 3 Published with permission by Iowa City Police Department Firearms Iowa City Police Department Policy Manual and Plus Models), M&Pc (1.0 and 2.0). 4. Ruger: LCR (.38 Special, .357 Magnum, 9mm) , LCP, LCP II, LCP MAX (excludes .22 LR versions) 5. Springfield: XD-9, Hellcat 6. Sig Sauer: P365, P365X, P365XL 306.3.6 AUTHORIZED OFF -DUTY FIREARMS The carrying of firearms by members while off -duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a department issued firearm while off -duty, based on their authority as peace officers, will be required to meet the following guidelines: (a) The firearm shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (b) It will be the responsibility of the member to submit the firearm to the Lead Firearms Instructor for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Lead Firearms Instructor. (c) Prior to carrying any off -duty firearm, the member shall demonstrate to the Lead Firearms Instructor that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner. (d) The member will successfully qualify with the firearm prior to it being carried. (e) If a member desires to use more than one firearm while off -duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (f) Members shall only carry department -authorized ammunition. (g) When armed, officers shall carry their badges and Iowa City Police Department identification cards under circumstances requiring possession of such identification. 306.3.7 AMMUNITION Members shall carry only department -authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department -issued firearms during the member's firearms qualification at least once a year. Replacements for unserviceable or 4,9pleted ammunition issued by the Department shall be dispensed by the Lead Firearms-Ihstruct - when needed, in accordance with established policy. Members carrying personally owned authorized firearms of a caliber differing from dep'artment- issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense. 306.4 EQUIPMENT Firearms carried on- or off -duty shall be maintained in a clean, serviceable condition. Makenance and repair of authorized personally owned firearms are the responsibility of the individual member. 306.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Lead Firearms Instructor. Firearms that are the property of the Department or personally owned firearms that are approved Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms for department use may be repaired or modified only by a person who is department -approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Lead Firearms Instructor. Any repairs or modifications to the member's personally owned firearm shall be done at his/her expense and must be approved by the Lead Firearms Instructor. 306.4.2 HOLSTERS Only department -approved holsters shall be used and worn by members when on duty. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 306.4.3 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off -duty after they have been examined and approved by the a firearms instructor. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 306.4.4 OPTICS OR LASER SIGHTS Optics may only be installed on a firearm carried on- or off -duty after they have been examined and approved by the Lead Firearms Instructor. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 306.4.5 SOUND SUPPRESSORS a. The department may provide sound suppressors for department issued patrol and SRT rifles that meet the requirements of this policy. The issuance of department owned sound suppressors shall be at the discretion of the lead range officer. b. Officers with authorized personally owned rifles may purchase sound suppressors for -duty use on those rifles that meet the requirements of this order with the approval of the lead rare officer or designee. c. The use of a sound suppressor on a department owned or approved patrol,rifle is subject to the following requirements: i. The make and model of sound suppressor and method of attachment shall be approved by the lead range officer. ii. All approved sound suppressors shall attach via a "quick detach" muzzle device which shall be installed by a department armorer. iii. The rifle shall be zeroed with the sound suppressor attached and all qualifications shall be completed with the sound suppressor attached. iv. The sound suppressor shall be attached at all times when the rifle is carried and used on duty. d. Sound suppressors shall be inspected by department armorers as part of the rifle inspection. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 5 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms Repairs to sound suppressors shall only be completed by the manufacturer or manufacturer approved gunsmith. 306.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by a firearms instructor. Members shall not dry fire or practice quick draws except as instructed by the Lead Firearms Instructor or other firearms training staff. (c) Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d) Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded using clearing barrels. (e) Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into a jail when processing an arrestee but shall place all firearms in a secured location. (f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g) Any firearm authorized by the Department to be carried on- or off -duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Lead Firearms Instructor for inspection and repair. Any firearm deemed in need of repair or service by the Lead Firearms Instructor will be immediately removed from service. If the firearm is the member's primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. ^J 306.5.1 INSPECTION AND STORAGE Handguns shall be inspected regularly and upon access or possession by another] person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to.-Wbom the' weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into;dleariftg barrels. Personally owned firearms may be safely stored in lockers at the end of the shift. DepPartment- owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner and stored in the appropriate equipment storage room. 306.5.2 STORAGE AT HOME Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department -issued firearms to be handled by anyone not authorized by the Department to do so. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 6 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Iowa Code § 724.22). 306.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off -duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or taken any combination thereof that would tend to adversely affect the member's senses or judgment. 306.5.4 SUBSECTION TITLE 306.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on -duty are required to successfully complete training annually with their duty firearms. In addition, all members will qualify at least annually with their secondary firearms. Training and qualifications must be on an approved range course (501 IAC 8.1(80B)). At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low -light shooting. 306.6.1 NON -CERTIFICATION OR NON -QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall advise his/ her immediate supervisor prior to the end of the required training or qualification period. Those who fail to meet minimum standards or qualify shall be provided remedial training and will be subject to the following requirements: (a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for: 1. Unauthorized range make-up. - 2. Failure to meet minimum standards or qualify after remedial training. Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action. 306.7 FIREARM DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off -duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer -Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. Copyright Lempol, LLC 2022/04104, All Rights Reserved ***DRAFT*** Firearms - 7 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms In all other cases, written reports shall be made as follows: (a) If on -duty at the time of the incident, the member shall file a written report.Division Commander (b) If off -duty at the time of the incident and under the auspice of taking police action, the member shall file a written report unless otherwise directed by a supervisor. 306.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. 306.7.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 306.7.3 WARNING AND OTHER SHOTS Warning shots by officers of the Iowa City Police Department are prohibited. 306.8 LEAD FIREARMS INSTRUCTOR DUTIES The range will be under the exclusive control of the Lead Firearms Instructor.. All '"members attending will follow the directions of the Lead Firearms Instructor. The Lead Firearms instructor will maintain a roster of all members attending the range and will submit the roster to th&-Training Coordinator after each range date. Failure of any member to sign in and out with the Lead Firearms Instructor may result in non -participation or non -qualification. The Lead Firearms Instructor has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Lead Firearms Instructor has the authority to deem any department -issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm; it will not be returned to service until it has been inspected and approved by the Lead Firearms Instructor. The Lead Firearms Instructor has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 8 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms The Lead Firearms Instructor shall complete and submit to the training coordinator documentation of the training courses provided. Documentation shall include a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Lead Firearms Instructor should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Coordinator. 306.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b) Officers must carry their Iowa City Police Department identification card, bearing the officer's name, a full -face photograph, identification number, and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver's license, passport). (c) The Iowa City Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer's travel. If approved, TSA will send the Iowa City Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed .travel may also accompany the officer. The letter should outline the officer's need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSk,training for a law enforcement officer flying while armed. (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department -appointed instructor. (f) It is the officer's responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check -in at the carrier's check -in counter. (g) Any officer flying while armed should discreetly contact the flight crew prior to take -off and notify them of his/her assigned seat. (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry -on luggage and may not be stored in an overhead compartment. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 9 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Firearms (i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 306.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 92613): (a) The officer shall carry his/her Iowa City Police Department identification card whenever carrying such firearm. (b) The officer may not be the subject of any current disciplinary action. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d) The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. Copyright Lexipol, LLC 2022/04/04, All Rights Reserved ***DRAFT*** Firearms - 10 Published with permission by Iowa City Police Department Memorandum TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 1st Quarter 2022 DATE: April 11, 2022 Attached you will find the INR/CPRB 2022 1st quarter summary report for the Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative file. There were five non -criminal investigations involving eleven ICPD employees that were received externally through on-line CPRB complaints. The investigations were completed, and the complaints were not sustained against the employees. There was one external complaint that were reported to supervisory staff on one employee that initiated one internally driven investigation for improper conduct. This investigation is still active. cc: CPRB Sgt. Doug Hart r`i IAIR / CPRB Summary M Nunher 22-01 RB Nmdw Rote and Tim of hoWnt lm,abon of InoM AsA ned DO Type of investigation Re80190 Rrw of Eamp O 22-01 1/14/2022 13:22 616 Westwinds Dr 1/20/2022 Improper Action Not Sustained External 22-01 1/14/2022 13:22 616 Westwinds Dr 1/20/2022 Improper Action Not Sustained External 22-01 1/14/2022 13:22 616 Westwinds Dr 1/20/2022 Improper Action Not Sustained External UM Number 22-02 CPRB Number ode and Tine of Indent t.ocafion of itCil d AsOod Rate Type of hvosAafion Res011111 v ONO of Cat"Wit 22-02 12/2/2021 16:45 Bartelt Rd 1/20/2022 External 22-02 12/2/2021 16:45 Barlett Rd 1/20/2022 Improper Arrest Not Sustained External 22-02 12/2/2021 16:45 Bartell Rd 1/20/2022 Improper Arrest Not Sustained External 22-02 12/2/2021 16:45 Bartelt Rd 1/20/2022 Use of Force Unfounded External Monday, April 11. 2022 Page 1 of 3 C�J a� cv 22-02 12/2/2021 16:45 Bartelt Rd 1/20/2022 Improper Arrest Not Sustained External 22-02 12/2/2021 16:45 Bartelt Rd 1/20/2022 Improper Arrest Not Sustained External 22-02 12/2/2021 16:45 Bartelt Rd 1/20/2022 Improper Arrest Not Sustained External 22-02 12/2/2021 16:45 Bartelt Rd 1/20/2022 Improper Arrest Not Sustained External UUR Ugr 22-03 CPRB I�nbo' Date and Tme of IneWont tocaUm of kcWd AnWed Rate Type of hvestigaft Ress111Usn WU of Complaint 22-03 12/28/2021 22:39 6 S Johnson #5 1/25/2022 Improper Conduct Not Sustained External B I mbar 22-04 1B fMmbo' Rate and Tme of kOnt locatim of hddort Assgned Dato TyP of lovestigaUon Reserrtion gruel of Comps* 22-04 1/25/2022 13:00 Park Rd 1/25/2022 Improper Action Not Sustained External UUR MOP 22-05 CPRB wmber Date and Titre of kwOBnt location of hcideot Asftod Kato Type of lnvoUgaUm Resolution Rr W of Compftt 12/13/2022 North Liberty 2/1512022 Improper Conduct External Monday, April 11;�2 t� r� Page 2 of 3 RO 22-06 CPRB Nzdw Date and Tine of Woldent focaffon of ft"A t Assisted flats Typo of itvuUpaflmt RBB WM of Complain 22-05 2/15/2022 16:37 Friendly/Lower Musca 2/17/2022 Improper Demeanor Exonerated External Monday, APm 11.462 c r 7 ry Page 3 of 3 MEMORANDUM DATE: April 26, 2022 TO: CPRB Board Members FROM: Patrick J. Ford Re: proposed revisions to Ordinance 8-8 For your consideration, I am proposing the following revisions to the CPRB ordinance. (Suggested additions are shown with underlined text, and suggested deletions are shown with str1kethreugh 1. Subsection 8-8-5(B)(6) shall be amended to read as follows: In the event the board's decision differs from that of the Police Chief, the Chief shall meet with the board in closed session to discuss the discrepancy of opinion. If the board requests the City Manager's presence at said meeting the City Manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the City Council. Within seven days after such meeting, the Police Chief and/or City Manager may, in the Police Chiefs or City Mana er's discretion issue an amended investi ative repo for the board's consideration. 2. Subsection 8-8-7(B)(1) shall be amended to read as follows: The board shall review all Police Chiefs reports and City Manager's reports concerning complaints. The board shall decide, on a simple majority vote, the level of review to give each Police Chiefs or City Manager's report, and the board may select any or all of the following levels of review: a. On the record with no additional investigation. b. Interview/meet with complainant. C. Interview/meet with named officer(s) and other officers. d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. Hire independent investigators- 1 AnV time after the board selects a level of review, the board may. on a simple maioritv vote, select any other or additional level of review. 3. Subsection 8-8-7(B)(2) shall be amended to read as follows: The board shall apply a "reasonable basis" standard of review when reviewing the Police Chiefs or City Manager's report. This requires the board to give deference to the Police Chiefs or City Manager's report because of the Police Chiefs and City Manager's respective professional expertise. The board may reeemmend that tHe4;4AGe Chief or Giy Manager z,ra;se—er modify their findings issue a report that disagrees with the decision set forth in the Police Chief's and/or City Manager's repo only if: a. The Police Chief's or City Manager's findings and/or conclusions are not supported by substantial evidence; b. The Police Chief's or City Manager's findings and/or conclusions are unreasonable, arbitrary or capricious; or C. The Police Chiefs or City Managers findings and/or conclusions are contrary to a Police Department policy or practice, or any Federal, State, or local law. 4. Subsection 8-8-7(B)(3) shall be amended to read as follows: If, in accordance with said standard, the board affirms the decision of the Police Chief or City Manager with respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police practices, policies, or procedures, it may so comment in its report to the City Council. If such comments are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to subsection B6 B7 of this section. When collecting and reviewing additional evidence, the board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. 5. Subsection 8-8-7(B)(4) shall be amended to read as follows: If the board disagrees with the decision of the Police Chief or City Manager with respect to the allegations of misconduct, the board and the Police Chief and/or City Manager shall meet in closed session to discuss their disagreement about the complaint. If the board requests the City Manager's presence at its meeting with the Police Chief, the City Manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the City Council. Within seven days after such meeting, the Police Chief and/or City Manager -may, in the Police Chief's or City Manager's discretion, issue an amended investigative report for the board's consideration. 6. The following shall be inserted as new subsection 8-8-7(B)(5), and the subsequent subsections shall be re -numbered accordingly: Any time prior to the issuance of the board's public report to the City Council, any member of the board may make a motion to vote again on whether to sustain or not sustain the complaint. 7. Subparagraph 8-8-7(B)(5) of shall be re -numbered as subparagraph (B)(6). 8. Subparagraph 8-8-7(B)(6) of shall be re -numbered as subparagraph (B)(7). 9. Subparagraph 8-8-7(B)(7) of shall be re -numbered as subparagraph (B)(8). 10. Subparagraph 8-8-7(B)(8) of shall be re -numbered as subparagraph (B)(9). 11. Subparagraph 8-8-7(B)(9) of shall be re -numbered as subparagraph (B)(10). 12. Subparagraph 8-8-7(B)(10) of shall be re -numbered as subparagraph (B)(11). May la 2022 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Comniaint #22-01 Filed: 01/18/22 Chief's report due (90 days): 04/18/22 Chief's report filed: 03/11/22 Complainant's response to the Chief's report (21 days to respond, no response received) njrJ to c�vu 04/01/22 77 CPRB meeting #1 (Review): 04/12/22 CPRB meeting #2 (Review): 05/10/22 CPRB report due 6/30/22 (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB CornWaint #22-02 Filed: 01 /20/22 Chief's report due (90 days): 04/20/22 Chief's report filed: 03/11/22 Complainant's response to the Chief's report (21 days to respond, no response received) 04/01/22 uu]ia to i�:.0 f:.enu). CPRB meeting #1 (Review): 04/12/22 CPRB meeting #2 (Review): 05/10/22 ------------------------------------------------------------------------------------ CPRB report due 6/30/22 (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) May la 2022 Mtg Packet CPRB Complaint #22-03 Filed: Chief's report due (90 days): Chief's report filed: Complainant's response to the Chief's report (21 days to respond, no response received) ChiefiCity r-rcapvrroc to ti ic. days —4cTrG4F.+iJnu 1. ---------------------------------------- CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB Complaint #22-05 Filed: Chief's report due (90 days): Chief's report filed: Complainant's response to the Chief's report (21 days to respond, no response received) Chief/City Manager response to the r pla nt's fespense (10 dayst� to respond)- - l.lJ- CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) 01 /25/22 04/25/22 03/11 /22 04/01 /22 04/12/22 05/10/22 6/30/22 02/16/22 05/17/22 03/11 /22 04/01 /22 04/12/22 05/10/22 6/30/22 CPRB Complaint #22-06 Filed: Chief's report due (90 days): May is 2022 Mtg Packet 04/07/22 07/06/22 Chief's report filed: Complainant's response to the Chief's report (21 days to respond, no response received) -------------------------------------- CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) 04/01 /22 05/10/22 06/14/22 6/30/22 TENTATIVE MEETING SCHEDULE June 14, 2022 July 12, 2022 August 9, 2022 Updated 51512022 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 Jerri MacConnell Term: July 1, 2019 — June 30, 2023 320 E Washington St Apt 10-D Iowa City, IA 52240 (C) 319-333-1096 nellie1896 mail.com Orville Townsend 5r. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orviiie.townsend hotmaii.com Amanda Nichols 2713 East Court St Iowa City, IA 52245 (C) 319-677-1153 d irecto r&corri do rca n.com Saul Mekies 2151 Abbey Lane Iowa City, IA 52246 (C) 319-887-3617 smekies@kirkwood.edu Melissa Jensen ti qqerl033 hotmai1.com Ricky Downing 1112 Weeber Circle Iowa City, IA 52246 (C) 319-400-0931 rttd44(@qma1I.com Stuart Vander Veqte 2625 E. Washington St. Iowa City, IA 52245 (C) 612-236-6128 stuartvv68 gmail.corn Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C) 319-430-1549 ford lefflaw.com Term: July 1, 2020 — June 30, 2024 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2021 — June 30, 2025 Term: July 1, 2021 — June 30, 2025 Term: Upon appointment — June 30, 2026 Term: Upon appointment — June 30, 2026 Updated 51512022 City Council Liaison_ -- Laura Bergus 319-541-9677 la ura-be rg us(allowa-city. orq CPRB Staff — Tammy Neumann 319-356-5043 tamm-neumann iowa-cit .or City Clerk -- Kellie Fruehlinq 319-356-5041 kellie-frueling(jj)iowa-city.orq Eguity Director -Stefanie Bowers 319-356-5022 stefa n ie-bowers@ iowa-city.o rg Police Chief — Dustin Liston 319-356-5271 dustin-Liston iowa-city.org City Le -gal- Sue Dule_k 319-356-5030 sue- Dulek(o-) iowa-city. org