Loading...
HomeMy WebLinkAbout07-11-2000 ICPD Reports/MemosSa, nd¥ Bauer -'~m: RJ Winkelbake nt: Thursday, June 29, 2000 5:22 PM To: Sandy Bauer Subject: Officer Martin Appreciation Call For the boards information. Mrs. Her'cert Nelson called this afternoon to compliment Officor Andy Martin for the wonderful job he did last Thursday, June 22, 2000 around 5:30 p.m. Mrs. Nelson and her husband were traveling North on N, Dubuque Street preparing to turn on Foster Road. She just commented to her husband that there was literally no traffic and that surpHsed her as she couldn't remember a time when they didn't have to wait to turn. Suddenly they heard a thud and when they stopped and got out of their car, they realized a bicyclist had hid their car. The bicyclist was from Sioux City (in town on business, but training for RAGBRAI after hours). He received a broken collarbone, She said Officer Martin did a wonderful job calming both parties and they were extremely pleased with his manner and demeanor and wanted you to know. She asked that I share her appreciation with you and Officer Martin's Supervisors. Linda FILED ~g JUL-7 ~i~ ~: 28 MEMORANDUM Iow ' , OWA TO: Members of the Police Citizen's Review Board FROM: R.J. Winkelhake, Chief of Police ~'~ RE: 99-08 DATE: July 5, 2000 In your report the City Council in 99-08 you made two recommendations. I would like some amplification of your second recommendation. What do you mean by your statement "more clearly restrict the release of information that is not factual in nature"? The City Council asked that I respond to them, but I'm not at all sure what you mean by the part of your statement "not factual in nature". Rather than speculate at the intent of your statement, I would prefer a clarification so I can properly address the issue with the City Council. cc: Steve Atkins, City Manager MEMORANDUM TO: Members of the Police Citizen's Review Board FROM: R.O. Winkelhake, Chief of Police RE: PCRB REPORT #99-09 DATE: July 7, 2000 I have noted that the PCRB's public report on complaint #90-09 contained comments critical of the subject officer for failing to offer or provide transportation to the complainant after the complainant's vehicle was impounded. While I acknowledge that the Board offered the officer a name-clearing hearing prior to issuing its report, the officer in question has informed me that had he known of the Board's area of concern, he would have participated in the name-clearing hearing, addressed the issue, and advised the Board that he offered to obtain a cab for the complainant. Perhaps when the Board is contemplating criticism or negative findings that do not involve the specific allegations of a complaint, communicating the same to the officer may be productive. ICPD TRAINING DATE: June 30th, 2000 TO: Chief Winkelhake From: K.Hurd REF: June Training Report Dependent Adult Abuse 06/6-7/00 16 Hours Officers Shaffer and Bok Ames Training in identifying, investigating and prosecution of Dependent Adult Abuse. SRT Annual Training Week 06/5 -9/00 40 Hrs 22 SRT members Iowa City Annual training for SRT. Included weapons and tactical training, skill development and joint exercise with other Emergency Response agencies in the area. Crisis Negotiations 06/13/00 Boggs and K.Droll 8 Hfs M'I't'U IV Training for Emergency Communications Operators in the area of Crisis Negotiations. Dealt with what the person initially receiving the call should do/consider. Also dealt with techniques for stabilizing/de-escalating the situation by the person initially receiving the call. Computer Training Ongoing throughout the month Sworn/Non-sworn Approx. 650 hours Training in computer system Legislative Update 06/30/00 Krei 8 hours Update on new or amended Iowa Code sections of interest to Law Enforcement. Training provided by the Atty. General's office and the Iowa Association of County Attys. Watch Training #s 00-45 Use of Force/Demand to Enter 00-46 Seizure of Persons 00-47 Nuclear Transport 00-48 Fireworks Copy: City Manager Captain Widmer PCRB Bike Patrol Tactical Tips FIRE and ARSON SCENE Bike patrol allows officers a greater degree of EVIDENCE freedom to interact with the community they (adapted from DOJ publication Fire and Arson Scene serve. They are perceived as more Evidence, A Guide for Public Safety Personnel) approachable and less "threatening". However, being on a bike also means the While approaching a fire scene, the first officer has less control over their environment responding officer should observe and note and has fewer tactical options than those in a the following conditions and activities as soon patrol car. With this in mind, officers on bike as practical. This includes the activation of in patrol may wish to consider the following car recorders while responding to the scene, tactical tips when on their bike. A. The presence, location and condition of victims and witnesses. 1. Ride within your physical limits to a scene 3. Vehicles leaving the scene, bystanders, or in order to be an asset. Back off just prior unusual activities near the scene, to arrival and stay below your anaerobic C. Flame andsmokeconditions, threshold. There is a big difference D. The type of structure. (e.g., residential, between arriving in a car and on a bike. commercial, manufacturing) You need to have something left when you E. Condition of the structure, arrive at the scene so you can handle the F. Conditions surrounding the scene. (e.g., situation. blocked driveway/street, debris, damage to other structures) 2. Heads Up and scan at all times. Avoid G. Weather conditions. "tunnel vision". As you become fatigued H. Unusual characteristics of the scene. (e.g., you tend to drop your head and focus on what is right in front of you rather than continued on page 2 keeping your head up and "swiveling". I N s i D E T H I $ I $ S U E 3. Consider your cover and concealment options as you approach your destination. '~ Bike Patrol Tactics YOU do not have the luxury of your car for cover. Look for cover options when '~ Fire and Arson Scene Evidence approaching the scene. 4 Motorcycle DWI indicators 4. Consider your positioning for a tactical retreat. Always consider a tactical retreat because of the lack of cover issue. Aisc you do not have the ability to go from 0-60 as you do in a vehicle. Know where your con#nueo on page 3 training I continued from page 1 the presence of containers,~ exterior on clothing. burning or charring on the building, the C. Trailers, flammable liquids, or other absence of normal contents, unusual unusual fueldistribution. odors) D. Incendiary/ignition/explosive devices. (e.g. I. The status of fire or security alarms and lighters, matches, timing devices) sprinklers. E. Shoe, tire, or other impression evidence. F. Broken windows or doors. The first responding officer's initial G. Distribution of glass and debris. observations may provide pertinent H. Indications of forced entry. information to the investigation. As the I. Containers. investigation unfolds, these observations may J. Discarded clothing. provide the starting point for evidence K. Trace evidence. identification or witness and suspect L. Indications of other crimes in addition to development, possible arson. M. WITNESSES, BYSTANDERS, and When responding to a fire scene, safety VICTIMS. overrides all other concems. Ensuring the N. Any other unusual items or the absence of safety of victims, bystanders and emergency normal contents or structural components. personnel is the foremost concern at the scene. All other activities are secondary to Per existing procedures, officers are required safety considerations. Upon arrival at the to complete an incident report when they scene the first arriving officer should evaluate have responded to a fire. The report should the scene for safety hazards. This would be include the as much of the above-mentioned similar to identifying structures or vehicles for information as is available. In addition hazardous material type incidents. What is officers should indicate in their report if they the occupancy, are there signs or placards have any recordings of the fire scene. which indicate there are hazards present? Is Additionally, officers should consider calling there personnel on hand that can indicate if in the plate number of any vehicles observed there are any health/safety concerns which in or leaving the area. responding personnel needs to be aware of? Relay the existence of any known hazards to Upcoming Training other responding units. The following is a listing of upcoming training that MAY be available. Do not consider this a posting. Any While as one of the first responding units, you requests to attend based on this listing will not be may not be involved in the "technical" phase considered. of evidence collection, you are in a position to Sept, t3th and 18-22 observe and note conditions or information Vehicle Dynamics which may not be available to the investigator MTTU IV upon his/her arrival. Due to the nature or extent of the fire, fire suppression techniques oct. 2 - 6 or other factors, many of these Instructor Development conditions/factors may be destroyed or ILEA altered by the time of the investigators arrive. '-' :' r-~ Some information you as the initial '~' ~:.~ responding officer may be able to observe oct. 23-27 are: Chemical Munitions Inst, A. Fire patterns including multiple fire ILEA locations. B. Burn injuries to victims and fire patterns training 2 continued from page I Tips for surviving foot pursuits bike is at all times so it doesn't become an To minimize the risk of injury or death, obstacle for you. officers should consider the following tactics 5. In High-Threat situations, you may have to when engaged in a foot pursuit of a subject, dump your bike. Train and practice this 1. Always radio and advise of the location, "dismount". Direct your bike away from reason and direction of the pursuit, you. 2. Take the keys out of your vehicle. 6. Utilize your bike as a tool, barrier or 3. When pursuing a person, who flees from a distraction device to buy time and/or vehicle, make sure there are no other distance in a confrontational situation. If people in the car. you confront a non-compliant or combative subject, you can roll your bike 4. If you believe the subject is armed, always into the immediate area of the subject, wait for backup, which may be enough to distract the 5. Try to follow the same general path as the subject while you, transition to other suspect, allowing them to discover tactics. hazards. 7. Recognize when your bike no longer 6. Remain cautious, in control and alert for serves a tactical or mechanical additional threats or changes in the advantage. Clear your bike prior to situation, transitioning to any "hands-on" tactics. (from Surviving the Street: by Charles You do not want to become entangled in/ Thomas on your bike. 8. Provide communications and backup officers with a detailed location or description. You do not have a,...vehicle to serve as a "flag" to your?J~cation!! CALEA UPDATE ~ We have officially submitted our application to the 9. Consider the volume ot~ your radio. '~T'ou commission, upon return of the agency profile do not have a vehicle tO questioner we will officially be a "candidate" sounds .... agency and in the self-assessment phase of the process. At this time we will be evaluating our 1 0. Become familiar with the?rp.a y .ot~ will be existing orders, procedures, manuals, Rules/Regs, riding, learn and re~embe~ where state code and city ordinance for compliance with , ~ . the various CALEA standards. Upon completion of hazards such as cracks, anchOr w~res, the self-assessment process we will schedule a posts/poles are. One of the advantages of date for formal assessment at which time CALEA bike patrol is the increased mobility. This will send several assessors to the city to evaluate added mobility will take you to/through or "procedures" against the CALEA standards. At places which you cannot access with a this time there will be a public hearing as well as review of the facilities, equipment and written patrol car. The time to discover a Iow directives of the department. In addition the hanging branch or stump in a park is prior assessors may schedule interviews or ride alongs to riding through the park in the dark, on with officers. It is not necessary for officers to your way to a call. know all details of all policies, but instead understand the general concepts and where to 11.Wear your helmet. Personnel experience lookup the specifics of a policy. It is partially towards this end that we instituted the color- has demonstrated that your helmet can coding of the general orders, protect you from serious injury. (adapted from Caliber Press Street Survival newsline) training 3 MOTORCYCLE DWI DETECTION GUIDE The National Highway Traffic Safety In addition the NHTSA has identified the Administration (NHTSA)has determined that following cues as "good" with a 30-50% one out of every 55 motorcycles is involved in probability. a crash, and one out of every 1750 is 1. Erratic movementswhilegoingstraight 2. Operating without lights at night involved in a fatal crash. When factoring in 3. Recklessness miles traveled, cyclists are 16 times more 4. Following to close likely than the occupant of passenger car to die in a motor vehicle crash. In addition the 5. Running stop light or sign NHTSA estimates that 43% of motorcycle 6. Evasion operator fatalities involved alcohol. With 7. Wrong way these figures in mind, the NHTSA has come out with the following cues/indicators for One factor, which was not included as an "predicting" impaired motorcycle operation, indicator, was speed. According to the NHTSA only about 10% of speeding cyclists are impaired. According to the NHTSA the following cues have a 50% + probability of identifying an impaired/intoxicated driver. June Training 1. Drifting during tum or curve 2. Trouble with dismount Officer(s) Training Hours 3. Trouble with balance at a stop 4. Turning problems (e.g. unsteady, sudden Shaffer, Bok Dependent Abuse 16 corrections, late braking, improper lean angle...) 22 SRT Annual Training Week 40 5. Inattentive to surroundings (e.g. sitting through a green light) Boggs/Droll Crisis Negotiations 8 6. Inappropriate or improper behavior (e.g. dropping objects, urinating at roadside...) ALL RMS/Paperless Trnng 7. Weaving Krei Legislative Update 8 This and That In the past we have received a request from the DCI not to file PCS charges until we receive the lab results back from them. This was to avoid them having to rush a sample through because of an impending court date. Effective now, the Johnson County Atty. has requested that we file marijuana or other "known" PCS charges based on the results of the presumptive test. Many suspects are charged with an offense and the PCS charge is leff pending waiting for the test results. Often the suspect wishes to plead guilty to the charge to get the case over with and are unable to do so because the charge has not yet been filed. In addition it causes credibility problems for the County Atty.'s office when a defense atty. has a client wh0.?ishes to plead guilty to the charge and has made arrangements to do so and ther~he su~)ect is arrested on the PCS warrant when the test results come back. There ha'~e~.enly~been a couple of incidents where not having the test results back have been an TisSue With t~ misdemeanor PCS charges. The illiterate of the 21st Century will not be those who cannot read and write, but tl~6Se w-~bo cannot learn, unlearn and relearn. Alvin Tofler training 4 IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 00-40 DATE: June 5th, 2000 TO: Commanders (Pass on to all officers) FROM: k.hurd SUBJECT: WT 00-45 Demand to Enter Attached is the watch training for this week. It deals with a potential constitutional problem with section 804.15 of the state code which is included in general order 99-05 Use of Force. Cc: Chief Winkelhake Capt. Harney Capt. Widmer ~_~ Watch Training 00-45 Use of Force Breaking and entering premises demand to enter , Scenario - You are told by a reliable source a wanted subject is staying at ~i~'friend~.~ house. You are able to confirm that there is a valid warrant. You respond to the address and glimpse a male subject matching the physical characteristics through the window. You and a 2nd officer approach the door and knock. A person answers the door and you quickly identify her as the resident of the house. She states that she lives alone and there is no one else in the house. She refuses to grant you consent to enter and search the premises. Critical Issues - Do you have authority to enter the house w/o a search warrant or consent of the tenant? Discussion - Iowa Code section 804.15 which is included in G/O 99-05 Use of Force is as follows: 804.15 Breaking and entering premises--demand to enter. if a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private premises, the officer may upon identifying the officer as such, demand that the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force Sgt. Steffen as recently relayed that this section of the State Code is contrary to Federal Statute and Supreme Court Decisions. Prior to entry of third party residence, officers need to either obtain consent to search, a seamh warrant, or be able to articulate an exception to the search warrant requirements. If you can not do so you do not have a authority to enter the premises. While the subject would be in custody, any evidence obtained while in the property would in all likelihood be suppressed. I.e. if the subject were wanted for armed robbery and upon forcing entry to arrest w/o meeting one of the above criteria, you recover a weapon and moneybags with receipts and checks from the Last National Bank, it will probably not be admissible in court. In addition, you may be subject to civil litigation for violating person's civil rights. On 5/26 Officers Shaffer and Droll attended a seminar on search and seizure and broached this subject with the instructors one of which was from the Atty. Generals office. Briefly, the reply was, yes there is a problem with this section of the state code. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 00'43 DATE: June 12th, 2000 TO: Commanders (Pass on to all officers) FROM: k.hurd SUBJECT: WT 00-46 Seizure of Persons This weeks watch training deals with seizure of persons and voluntary contacts. This week we are using ALERT training video Seizure vs. Non-Seizure. This tape runs approx. 18 minutes. Please return the tape to the watch commanders office after each showing so it will be available for other watches. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 00-46 Seizure of Persons Scenario - You respond to an area on an anonymous report of a possible burglary in progress, there is no physical description. Upon arriving in the area you observe a person walking away from the area. You exit your car and approach her and ask her if she would mind talking to you. Critical Issues - When is a contact voluntary? Discussion - The ALERT training video deals with when a contact is voluntary and steps that can be taken to keep a Contact in a voluntary in nature. OFFICERS: NOTE THE RELATIONSHIP TO VOLUNTARY CONTACTS AND THE USE OF VERBAL JUDO TECHNIQUES/NON-VERBALS. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 00-44 DATE: June 19th, 2000 TO: Commanders (Pass on to all officers) FROM: k.hurd SUBJECT: WT 00-47 Nuclear Transport This weeks watch training deals with procedures used by the department of energy regarding the transport of nuclear materials. This week we are using a video produced by the Department of Energy. This tape runs approx. 11 minutes. Please return the tape to the watch commanders office after each showing so it will be available for other watches. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 00-47 · Department of Energy Transports Scenario - In the past several weeks, there was an article in a local newspaper indicated that the Department of Energy was shifting from its usual southern route (through Missouri) to a more northerly route across 1-80. A truck carrying these materials is involved in an accident at Hwy I and 80. There are no Troops available. Critical Issues - Discussion - The attached video briefly covers the procedures used by the DOE and how they will contact and interact with local law enforcement in various types of situations. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 00-45 DATE: June 23rd, 2000 (yes this is a couple days early) TO: Commanders (Pass on to all officers) FROM: k. hurd SUBJECT: WT 00-48 Fireworks This weeks watch training deals with fireworks. State code prohibits the discharge of fireworks but does not prohibit the possession of fireworks. Any possession charges would need to be filed under City Ordinance 7-1-1 which adopts the Uniform Fire Code (UFC) which prohibits the storage and handling of fireworks. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 00-48 Fireworks Scenario - It is 01:38, you respond to a park ref fireworks going off. Upon your arrival you locate a car from which bottle rockets are being fired, There are three people in the car. You approach the vehicle and the owner/operator consents to a seamh. You locate a bag full of fireworks and other related paraphernalia. Critical Issues - What would be the appropriate charges? Discussion - In this case they are all in violation of City Ordinance 10-9-2-I which prohibits being in parks after 10:30 PM (exception for City and Mercer Parks 11:00 PM). In addition they are in violation of City Ordinance 7-1-1, which adopts the 1997 Uniform Fire Code. (UFC). UFC 7802.3 is as follows..."The storage, use and handling of fireworks are prohibited." As with all city ordinances this is a simple misdemeanor. Iowa Code section 727.2 makes it a serious misdemeanor to use or explode fireworks. NOTE: This does not prohibit the possession of fireworks. Possession would need to be filed under the City Ordinance. Officers are encouraged to use the UFC for enforcement unless the fireworks are being used in a dangerous manner or if the size and/or quantity indicate resale, or the blast size would be exceptionally large. Disorderly conduct may also be applicable. When citing for possession of fireworks, officers need to indicate City Ordinance 7-1-1 A. which adopts the UFC, and reference UFC 7802.3 which prohibits the handling of the fireworks. NOTE: The UFC section states the ... use and handling of fireworks are prohibited. This is NOT the normal possession charge, as it requires handling of the fireworks. A "joint possession" charge may or may not be appropriate depending on the circumstances.