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HomeMy WebLinkAbout05-23-2000 ICPD General Orders LEG-01.1 CIVIL RIGHTS Date of Issue General Order Number May 5, 2000 89-04 Effective Date Section Code May 10, 2000 LEG-01 Reevaluation Date Amends / Cancels May 2001 August 4, 1989 issue C.A.L.E.A. Reference 1.2.3 Civil Rights Arrests Use of F0tce Rights, Civil Warrants -- '-- ~ '~-:'--: Rights, Individual Search and Seizure I. PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination 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. II. POLICY It is the policy of the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG-01.2 III. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00-01, Seamh and Seizure) B. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or b. The person has committed or is committi,ng a violation of the law. 2. Entering a private dwelling only when he/she: a. Has in his/her possession a search warrant authorizing him/her to do SO, or b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his/her action. 3. Taking from an individual only such property as he/she is legally authorized to take, and recognizing that he/she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. ~see gei'~er~i order 9§-05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any protected class or other group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG-01.3 3. Never "talk down" to any group or individual or engage in the use of profanity or derogatory terms. CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to seek redre_ss of grievances by: 1. Freedom of speech 2. Peaceful assembly - 3. Peaceful picketing ~- " 4. Distribution of handbills providing such distribution is not in conflict with the provisions of the Gity Ordinance. B. The rights set out in paragraph ^, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: l. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Every necessary resource of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate manpower is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Po[ice personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non-participants, and will deal with illegal acts promptly, decisively, and impartially. LEG-01.4 ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he/she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a prisoner's rights and shall: 1. Permit the prisoner to communicate with his/her attorney and/or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the pdsoner will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the prisoner's dght to refuse to give evidence against him/herself; however, there is no encroachment upon a prisoner's rights if he/she should voluntarily supply such information. RESPONSIBILITY Each officer shall familiarize him/herself with the laws and Department directives pertaining to civil rights to insure his/her: A. Recognition of each person's civil rights and B. Compliance with all laws and Department directives relating to civil rights. VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and/or criminal sanctions. R.-,~. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-08.1 ALARM - OPEN DOOR RESPONSE Date of Issue General Order Number February$, 1999 99-02 Effective Date Section Code February 12, 1999 OPS-08 Reevaluation Date Amends / Cancels February 2001 Department Memo 96-56 C.A.L.E.A. Reference 1.2.4, 1.3;6, 81.2.13 See Index INDEX A~: Use of Force Supervisory Responsibility Building Search Op Alarm / en Door Response Canine Procedure I. PURPOSE '~ -- The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner, which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS~08.2 III. DEFINITIONS IV. PROCEDURES A. BURGLAR ALARMS When a member of this department responds to a burglar alarm the officer should respond in a safe and reasonable manner. When approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and/or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break-in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. if there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so with the approval of a supervisor. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back-up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra patrol" initiated for the building; and/or, 3) a search warrant will be requested. Extra patrol requests will be forwarded to subsequent watc:~: .... ;:~;~::::~5',~.. ~§ardless of the decision to enter or OPS-08.3 secure the building, the supervisor of the day watch will attempt to contact a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return it to the Police Department. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search, 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports. B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open door, the following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked to complete an emergency contact card. C, SEARCH PROCEDURES 1. If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and/or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. ,~", Ij '.,,~,~l In instances where the building representative declines to come to -~,,~.~- ,..._.I,0the scene, the watch supervisor ~ authorize a search of the l:~:ll!!:jf' ,:,~;- ,..'"l~,~''' building if the building representative requests and consents to a ~:~'~; search. This does not require that the building be searched. 0PS-08.4 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. 4. If a determination is made to seamh the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he/she will draw his/her weapon. If the officer decides to draw his/her weapon, a Use of Force Report shall be completed by each off~cer drawing his/her weapon. If the SRT conducts the search, SRT reporting requirements will apply for team members. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. R. ,~. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil )roceeding. 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.