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.