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HomeMy WebLinkAbout08-08-2000 ICPD Reports/Memos MEMORANDUM TO: Members of the Police Citizen's Review Board FROM: R.J. Winkelhake, Chief of Police ~ ~ RE: INTERNAL INVESTIGATION LOG DATE: July 19, 2000 Attached is a listing of the Internal Affairs Logs for 1999 and to date for 2000. In the future, you will receive the logs in a much more timely fashion. If you have questions or concerns, please advise. 0 0 0 0 0 0 0 0 FILED ICPD TRAINING z~,~ t~t~c, -~ P~ z: 03 DATE: August 1st, 2000 IOWf, C. ff'~5 I©WA TO: Chief Winkelh~e From: K.Hurd ~F: July Training Repo~ Investigating Financial Crimes 07110-14/00 40 Hours Officer Lorence C~ hicago Training in the identification, investigation and presentation of financial crimes. Included advanced techniques and mock trial. Child Exploitation 07/17-19/00 24 Investigator Gass Appleton WI. Training in the identification, investigation and prosecution of Child Exploitation cases. Defensive Driving Inst. Re-certification 07/20/00 Officer Huff 8 Hfs ILEA Mandatory rectification for precision driving instructor. Included instructional techniques and review. Conducting Drug Raids 07/24-28/00 Officers Kelsay and Gonzalez 40 hours Camp Dodge Training in the planning and execution of drug and other high-risk raids/warrant service. Included classroom and hands on training. FILED ~00 AUG - I PI~ 2:03 Southern Police Institute Conference 07/24-28/00 Cfi'"¢ Ci_ERK Widmer and Johnson 10WP', Ol'i~ IOWA 40 hours Minneapolis MN Updates and refresher training for SPI graduates. Identification of new and changing trends/problems and areas of concern. CALEA Conf. 07/26-28/00 Hurd 24 hours Update on accreditation standards and associated concerns. SRT Range training 07/25-26/00 15 SRT members 8 hours Training in firearm techniques. SRT Situational Training 07/11/00 18 SRT members 8 hours Training in area of large building entry, searches and rescue techniques Watch Training #s 00-49 Harassment 01-05 Legislative Update 01-08 Turn in Agreements 01-01 Possession of a Controlled Substance 01-06 Pursuit Considerations Copy: City Manager Captain Widmer PCRB Staged Motor Vehicle Collisions By Steve Fortmann "BURDEN OF PROOF" I recently attended a seminar on staged motor vehicle During the various phases of handling a case, officers collisions put on by the California Department of Insurance Fraud (CDIF) and sponsored by the Iowa are confronted with various levels of proof. Once an Insurance Fraud Bureau. Just like I was before this officer decides to make contact with a person, you must constantly evaluate nature and extent of the class, you're probably unsure of the reasons you contact, should be concerned about this topic. Some of the reasons I feel this topic is worth taking a second look at are because of the ways it directly effects each one of Most contacts are casual in nature. In these cases you are not acting in an "official" capacity, have no arrest or us. Fraud increases the amount of insurance we all detention authority and the subject is free to go. An pay. Injury and even death sometimes occur when example of this would be consensual contacts. These these schemes are carried out. Police Officers also would be contacts that are initiated by the public, play an unwitting part in "crash for cash" schemes. I became a Police Officer to stop thieves, not help them The next level of contact is premised upon Reasonable steal. Suspicion. In these instances officers do not have probable cause to arrest, but have an articulable The CDIF estimates that collision fraud is a 20 reason for detaining the subject. I.e. you respond to a billion-dollar industry in California alone. This adds burglary and stop a person walking down the street between two to three hundred dollars to every with a microwave on their shoulder. It is at this level of Californian's yearly insurance bill. While the problem stop that you as an officer may do a pat down of the may not be as extensive in this area, it would be na'ive to think that it doesn't exist here. We should also keep subject /.._F you have an articulable reason that you are fearful for your safety. At this level you officers must in mind that as the problem is addressed in other areas take care not to escalate the contact to a "full~fledged" of the country, the likelihood is great that collision arrest which requires the next higher level of proof, "Stagers" will move their operations to new markets. Probable Cause. As with any accident, staged collisions carry the risk that someone will be injured or killed. Because Probable Cause is the level necessary to make an of the big payoffs from insurance companies, however, continued on page 2 participants are willing to take these risks without consideration for innocents that might be involved. ! N S I D E T H I S ! S S U E Police Officers become involved at a very critical stage of collision schemes. Officers are used to '1 Burden of Proof legitimize the scheme by completing official accident reports, which are used by the insurance companies to I Staged Motor Vehicle Accidents settle claims. Unscrupulous doctors and lawyers can also become involved to legitimize fake injuries and file 4 Seizure of Computer Equipment lawsuits against insurance providers. Part of stopping collision fraud is recognizing how it occurs. There are many ways in which a collision can be staged. All the participants could be involved, or the collision could include innocent victims. Some of thc most common methods ot' collision stag~'o~tJtt~l~:page 3 traininc I continued from page 1 arrest and may be defined as "the existence of This issue of intent is critical with PCS cases, circumstances which would lead a reasonably prudent particularly PCS cases involving constructive person to believe in guilt of arrested party." I.e. a possession. In PCS cases, the state must prove both criminal offense has occurred and the known facts of the following elements of PCS: would lead a reasonable person to believe that the 1 ....the defendant knowingly OR intentionally suspect committed the offense, possessed the marijuana. 2. The defendant knew that the substance he/she The final level of proof which officers must deal with on possessed was marijuana. a regular basis is Proof Beyond a Reasonable Doubt (BRD). This is defined in Iowa Model Jury Instructions In proving PCS cases, the state may prove possession as follows: "The burden of proof is on the State to by showing either actual or constructive possession, prove the defendant is guilty beyond a reasonable and also sole or ioint possession. doubt. A reasonable doubt is one that fairly and naturally arises from the evidence or lack of evidence A person who has direct physical control of something produced by the State. If, after a full and fair on or around her person is in actual possession of it. consideration of all the evidence, you are firmly convinced of the defendant's guilt, then you have no A person who is not in actual possession, but who has reasonable doubt and should find the defendant guilty, knowledge of the presence of something AND has the But if, after a full and fair consideration of all the authority or right to maintain control of it either alone or evidence or lack of evidence produced by the State, together with someone else, is in constructive you are not firmly convinced of the defendant's guilt, possession of it. then you have a reasonable doubt and you should find the defendant not guilty." If one person alone has possession of something, possession is sole. If two or more persons share It is the gap between Probable Cause (PC) and Proof possession, possession is ioint. Beyond a Reasonable Doubt (BRD) that may cause cases to be pled as is, plea bargained, dismissed, or Problems often arise in proving joint constructive acquitted. The prosecutor must establish BRD for possession. When charging a passenger in a car, or each of the elements of the crime. If proof BRD is charging those present at a party in which a controlled lacking there may be no choice but to attempt e plea substance is present, the state must prove that the on a lesser charge or the dismissal of the original accused had knowledge of the presence and nature of charge. In order to obtain a conviction officers need to the substance(s) and had the authority or right to make sure that they develop the case to suppod the maintain control of it either alone or together with burden required. This may mean continuing your another. The mere fact that the person knew the investigation after the subject has been arrested, substance was present does not constitute Have you contacted all the witnesses or just those who possession. For example, upon responding to a loud were available at the time? Did you document all party you may observe controlled substances in plain witnesses/defendants statements accurately? Did view. Upon seizing the substances, the officer asks witnesses/defendants provide written statements? If whom they belong to and no one responds or so, did you review them with the witnesses/defendants everyone denies possession of the substances. While to make sure they are complete and that they fully the judgement of those present may be in question, document the witnesses/defendant's knowledge? In a their presence in the apartment does not necessarily theft or PCS charge, have you submitted any evidence constitute possession. You need to develop the for processing? Are there inconsistencies or "loose evidence to show they had the authority or right to ends" that need to be addressed? Does your report control the substance? Conducting follow-up contain the full names addresses and phone numbers investigations is critical to a successful prosecution. of all the witnesses? Did you interview all witnesses/suspects regarding the substance(s)? Did you submit ~aggie~/Container/ With the exception of traffic offenses, most crimes paraphernalia for printing? Did y~ document where require intent. In general intent crimes, the jury ~tems were located as well as sus'pects' Iocahons? If instruction reads as follows: To commit a crime a you end your investigation at ths. levei: of '1~'~;, person must intend to do an act which is against the successful prosecution may be impo~sil~le. law. While it is not necessary that a person knows the act is against the law, it is necessary that the person Developed at the request of and in cDhjunctiS'5 with~[h~e was aware he/she was doing the act and he/she did it Johnson County Attorneys Office. ~; ~ ~ .' voluntarily, not by mistake or accident..." (emphasis :-i~''r ~~ added) training 2 continued from page 1 The following is a listing of upcoming training, which MAY be available. DO NOT consider this a posting. Any requests to A. Swoop and Squat- In this scheme, the swoop car swerves in front of the squat car, which slams on attend based on this listing will not considered a request to his brakes, causing the victim car to rear-end the attend, squat car. The victim would be at fault, supposedly, for following too close. T R A I N I N G E v IE N T B. Sudden Stop- the leading car slows down to close the gap between vehicles then brakes suddenly, TRAINING EVENT causing a rear end collision with the victim. Once PLACE CRPD RANGE AND OTHER DESIGNATED LOCATIONS again, the victim would seem to be at fault. C. Backing Schemes- The perpetrator sees DATE WEEK OF OCT16-19 someone backing out of a driveway or parking Fall firearm training/qualification. 13:00-21:00 stall, and quickly moves into position to be struck by this vehicle. TRAiN~NS EVENT D. Pedestrian Schemes- the driver of the vehicle PLACE MTTU IV looks left, right, and left again, makes a right turn, DATE SEPT. 13ANDSEPT. 18-22 and the pedestrian runs into the vehicle and fails down. Vehicle Dynamics E. Phantom Vehicle Collision- The vehicle strikes a pole (or anything else) because of an "unknown" TRAiNiNG EVENT vehicle that swerved in front of him. PLACE MTTU IV DATE OCT. 2 - 13TH With any of the above schemes, fake claims of At Scene Accident Investigation injury would be filed with insurance companies to collect damages. TRAINING EVENT Other ways for Officers to identify and prevent PLACE ILEA collision fraud include: DATE OCT. 2 - 6 Instructor Development A. Never do "paper crash" reports. Make sure you see the vehicles allegedly involved in a collision to make sure one actually did occur. B. Be suspicious of vague responses to questions about injuries or conflicting stories of how injuries JULY TRAINING occurred. C. Make sure the damage you see on the vehicres is Officer(s) Training Hours consistent with the drivers' stories of how the Lorence Investigating Financial Crimes 40 accident occurred. One indicator of a fraudulent accident may be the occupants' inability to provide Gass Child Exploitation 24 coherent detairs outside of the accident. If you suspect fraud, you might question occupants Huff Daf Driving Recert 8 independently about other occupant's names, where they are going, or other details not related 42,54 Conducting Drug Raids 40 to the accident. D. Document suspicions in detail outside of the 99/87 SPI training session 24 accident report and report them to the involved insurance carriers or the IowaJnsurance Fraud Hurd CALEA Conf 24 Bureau. E. Know or be familiar with Iow~/C~le s&Etions that 15 SRT Range Training 8 apply to insurance fraud. ~ 15 SRT Situational Training 8 For further information on this topic, vi-si~ the Department ibrary or contact tffe owa~lhsuraC~e WT 00-49,01-05,01-08,01-01 Fraud Bureau. Preventing insa~ahce ;[raud iaetl 01-06 our responsibilities. I hope t[~i~ ~niorr~ion w assist you in doing your part.~'' ~ training 3 Seizure of computer equipment 3. evaluate any possible evidence visible on the Adapted from DOJ guidelines, screen; 4. photograph the screen, equipment, rear of the With the growing number of computers, it becomes equipment to include serial number(s) and cable more likely that officers will encounter computers that connections; are or have been instrument in the commission of a 5. UNPLUG the equipment from the wall. DO NOT crime. While it is not reasonable to expect officers to TURN THF EQUIPMENT OFF USING THE be familiar with all the systems involved in the SWITCH; computer world, the following guidelines may assist 6. remove any disks that are in the disk drive. Store officers in determining how best to secure the them in a non-plastic container and label their equipment for further analysis. If, during the course of location; an investigation, a decision is made that computer(s) 7. label and disconnect the cab[es; and/or computer related equipment is to be seized, an 8. seize all floppy disks, optical disks, CD-ROM attempt to determine the type of equipment 1o be disks, PCMCIA cards, etc. and label their seized should be made prior to the seizure. Also an locations. Search the location for hidden disks; attempt should be made to find out the operating 9. seize all computer manuals including software system, if the equipment is part of a network, and if the manuals; equipment is attached to a modem. 10. search the location for passwords; 11. carefully pack seized computer equipment for If possible the investigating officer should consult with transport to the PD, keeping it away from the trained personnel who are familiar with the type of transmitter in the trunk of squad cars; equipment and operating system to be seized. The 12. if more than one system is present keep the investigating officer may request that the consulted equipment from the different systems separated pady respond to the scene of the seizure to assist with and clearly marked. the seizure once the scene is secure. Once seized, the investigating officer should contact a When seizing computer equipment, the following person familiar with the type of equipment seized, prior guidelines should be followed: to setting up the seized equipment and beginning the 1. remove all persons from the area near the search oftheequipmentorrelated paraphernalia. computer equipment; 2. DO NOT TOUCHTHE KEYBOARD; The preferred method would be to have trained personnel respond to the location prior to any shutdown attempt. THIS AND THAT Congratulations to officers Hewlett and Kelsay on their successful completion of the ACTAR (Accreditation Commission for Traffic Accident Reconstruction) testing process. ACTAR is an internationally recognized accrediting agency for accident reconsfructionists which was set up under direction from the NHTSA in 1985 and incorporated in 1992. They are member numbers, 1121 and 1122 which demonstrates the commitment required to complete the process. The following orders are due for review this month, Vehicle Pursuits, Traffic and In-Car Recording Devices. If you have any concerns, comments or identified a problem in an existing order, please forward them to me ASAP. A weapons policy has recently been developed. It identifies certain criteria a firearm must meet to be authorized for off-duty use. Officers who have off-duty firearms need to qualify with them during the fa, II range qualification. Off-duty firearm qualification may extend the hours the officer needs to spend,? the ran~ge. OT will not be authorized for off-duty firearm qualification. See me if you wish to review th~-qrder p~J~r to its issuance. :. ~-~ Nothing is beneath you if it is in the direction of your life. Ralph Waldo Emerson , IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-01 DATE: July 3rd, 2000 TO: Commanders (Pass on to all officers) FROM: k. hurd SUBJECT: WT 00-49 Harassment This weeks watch training deals with the newly issued Harassment / Sexual Harassment General Order 00-02. In particular, even if a conversation was between two consenting parties, it may offend a third party who is exposed to the words or act. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 00-49 Harassment Scenario - After leaving squad meeting you head to your car. While walking to your car you overhear a co-worker speaking to another co-worker in sexually explicit language, describing in detail what he/she would like to do with the other co-worker. Both parties separated laughing. Critical Issues - What is harassment? Since the "receiving" party did not seem upset is this harassment? Can a non-involved third party overhearing a conversation file a harassment complaint? If so, whom do would they need to go to? If you knowingly ignore the incident can you be subject disciplinary action. Discussion - General Order 00-02 Harassment and Sexual Harassment defines sexual harassment as...unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, question, representations or physical contacts of either a sexual or non-sexual nature which are unwelcome to the recipient. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in th~ workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. Consistent with G/O 00-02 this could constitute harassment. The fact that the parties separated "laughing" does not indicate that the recipient was not a victim of harassment. Because of its nature the recipient may be reluctant to voice their displeasure with the other persons behavior. While the recipient of the comments is... "encouraged to inform the harassing person that his/her actions are unwelcome and offensive", they are not required to do so. The recipient may go directly to a supervisor, Chief of Police, or other persons identified in the City of Iowa City Personnel Policies Manual. Additionally, G/O 00-02 states that "each employee of this agency is responsible for assisting in the prevention of harassment through the following acts ... 2. Reporting acts of harassment to a supervisor;... While no one relishes the idea of reporting a co- workers "misbehavior", members of this department have an obligation to report incidents of harassment to their supervisors. The order goes and states that "failure of an employee to carry out the above responsibilities may ... be grounds for discipline." As for can a "non-involved" party be victim of harassment? Yes, they may file a complaint for harassment. If the words, actions, or conduct create an atmosph~ which i the employee finds offensive. It is the recipient or other person in the workpl~a~.e,.,_,who_ makes the determination as to if they are offended and not the person who i~d; comment or action. "I wasn't talking to them" WILL NOT suffice as justificatiosn' 6r am excuse. Ultimately you have the responsibility for your actions. If the comment or action is one which you would not make or want made to your spouse/significant other, parent or child, refrain from it. If the photo isn't one that you would be proud to have your child in, don't display it. If you have any question about a joke, photo or cartoon being demeaning or offensive, don't forward, post or otherwise distribute it. If you think that the words or action is something, which would put yourself or the department in a bad light if, it came out in the media, REFRAIN. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-04 DATE: July 10th, 2000 TO: Commanders (Pass on to all sworn) FROM: k.hurd SUBJECT: WT 01-03 This weeks' watch training deals with the changes that came out of the last legislative session. Sgt. Krei attended the Legislative Update and has identified the attached sections as being of interest to law enforcement. NOTE: Before filing under HF 2419 which deals with possession of drug paraphernalia and HF 723 dealing with animal torture, you should first consult with the county atty. The complete house and senate files are available online. If you have any questions contact either Sgt. Krei or myself. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-05 Legislative Update Scenario - Annual Legislative Update Critical Issues - What were the major changes that affect law enforcement? Discussion - The following "files" have condensed to hilite the main changes of interest in the Iowa Code, for law enforcement. The 2000 update manual is in the watch commanders' office for your review, or they can be located online at http://www2.1egis.state.ia.us/ SF 2308 provides limited immunity to officers for honoring a foreign domestic abuse order, When presented with an order which on its face appears legitimate, the officer should take steps to confirm the order. If the officer is unable to confirm the order with the originating agency, the officer should honor the order and follow up with the originating agency when possible. This applies even when the order IS NOT on file with the Clerk of Court. The first preference would be to file any applicable state charges. SF 2146 a court appearance is no longer required for property damage accidents or those involving minor injuries. Court appearances are still required for accidents where there is a serious injury (as defined in 702.18) and fatalities. Officers may still mandate a court appearance for other circumstances. Accident reporting requirements are not affected. SF 2031 changes the reporting of a change of address of persons required to register under the sex offender registry from 10 to 5 days. These changes are reported to the SO. SF 2324 require that prior release from jail/prison, a person convicted of Murder, attempted murder, kidnapping, sexual abuse, assault with intent to commit sexual abuse, assault with intent, assault while participating in a felony, burglary [st, must submit a DNA sample prior to release. SF 2330 defines Iow speed vehicles (top speed under 25mph) and states lists the mandatory equipment. Of note a golf cart is not a Iow speed vehicle. A motorized wheelchair is not a low speed vehicle. A low speed vehicle may not be operated in a speed zone that is 35mph or higher. SF 2366 adds a new section to 321.216C Purchase of tobacco by underage~taerson Using a altered or fictitious DL or ID is a nonscheduled simple misdemeanor wi~h~ a fine. This is to go on a traffic citation. Section 453A.sets the penalties for possession of tobacco underage with civil penalties of~' ~.._ $50 for first offense, $100 for second offense and $250 for a third or subsequent offenseT- -.7 It also requires that those convicted do community service. ' SF 2245 allows municipal police departments to follow the property disposition guidelines set up in section 80.39 of the code instead of the more arcane statues which referred to rafts of logs drifting on a river. HF 2419 prohibits the possession of drug paraphernalia and specifies exceptions. READ THIS SECTION CAREFULLY PRIOR TO FILING ANY CHARGE. IN ADDITION THE PERSON TEACHING THIS SECTION STATED THAT THE COUNTY ATTY. SHOULD BE CALLED PRIOR TO FILING THIS CHARGE. HF 723 defines animal torture and specifies exceptions. Again this is a new section and it is recommended that you read this section in its entirety and CONTACT THE COUNTY ATTY. PRIOR TO FILING THIS CHARGE. HF 2391 makes it a crime to remove, attempt to remove or alter a theft detection device, with the intent to steal. In addition is illegal to Mfg., sell, distribute or attempt to distribute a theft detection shielding device, OR possess tools with the intent to remove. The removal of theft detection device is a simple misdemeanor if the value of the item is $200 or less and a serious misdemeanor if the item is valued in excess of $200. HF 2522 allows the victim of domestic abuse to use the address of a shelter, friend, relative or a PO Box as their address when reporting domestic abuse. HF 2511 alters the notification requirements under 123.46 regarding the notification of juveniles. A new section was added as follows... NEW SUBSECTION. 3A. A peace officer shall make a reasonable effort to identify a person under the age of 18 eighteen who violates this section, and if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is an employee shall make a reasonable attempt to notify the person's custodia[ parent or legal guardian of thc violation, whether or not the person is taken into custody, unless thc officer has reasonable grounds to believe that notification is not in the best interests of the person or will endanger that person. A reasonable attempt is defined as contact by telephone or Ist class mail. HF 2170 restores the margin of error in 321J. section I subsection 10, allowing for thc prosecution of "low test" or "low" combination tests. MOTOR VEHICLE LAW RELATED COMPENDIUM CHANGES Section Data Code Offense Fine Surch. Total Bond SF 2245 -- 321.47 60e Transfers by operation of law 100.00 30.00 145.00 210.00 321.91 62e Abandoning a vehicle 100.00 30.00 145.00 210.00 321.99 63d Improper use &registration 100.00 30.00 145,00 210.00 32 I. I 15 63h Improper use of antique plates 100.00 30.00 145.00 210.00 321.219 68c Permitting unauthorized minor to drive 100.00 30.00 145.00 210.00 321.220 68d Permitting unauthorized person to drive 100.00 30.00 145.00 210.00 321.234A 71c Violation o f all2terrain-vehicle regulations 100.00 30.00 145.00 210.00 321.247 77b Unlawfulgolfcart operation 100.00 30.00 145.00 210.00 321.302 97 lmproper overtaking on right 100.00 30.00 145.00 210.00 321.327 123a Fail to yield to pedestrians' right ofway 100.00 30.00 145.00 210.00 SF 2329 321.341 135 Failure to properly stop at railroad crossing 100.00 30.00 145.00 210.00 321.342 136 Failure to obey stop sign at railroad crossing 100.00 30.00 145.00 210.00 321.343 137 Failure to stop certain cargo or passenger vehicle at railroad crossing 100.00 30.00 145.00 210.00 321.344 138 Unlawful movement ofconstruction equipment across railroad track 100.00 30.00 145.00 210.00 321.344B 139 Creating immediate safety threat al RR crossing 200.00 60.00 275.00 405.00 SF 2245 321.366 149 Improper use o f controlled-access facility 100.00 30.00 145.00 210.00 321.421 179a Violation of special restrictions on lamps 100.00 30.00 145.00 210.00 SF2147 321.463 Maximum Gross Weight (The four lists are combined into two with surcharge, fine total and unsecured bond now listed.) Single axles--Legal Weight 20,000 lbs. Tandem Axles with 40" to 7 Feet Spacing--Legal Weight 34,000 lbs. Group Axles Data Code Pounds Over Fine Surch. Total Bond 350 up to 1,000 12.00 3.60 30.60 38.40 351 1,001 to 2,000 22.00 6.60 43.60 57.90 352 2,001 to 3,000 155.00 46.50 216.50 317.25 353 3,001 to 4,000 240,00 72.00 327.00 483.00 354 4,001 to 5,000 375.00 112.50 502.50 746 25 355 5,001 to 6,000 585.00 175.50 775.50 1.155 75 356 6,001 to 7,000 850.00 25500 1,120.00 1,672 50 357 7,001 to 8,000 95000 28500 1,250.00 1,86750 358 8,001 to 9.000 1,050 00 31500 1,380.00 2,062 50 359 9,001 to 10.000 1~150 00 ~45 00 1,51000 2,257 51/ 360 10,001 to II ,000 1,300.00 ~90 00 1.70500 2,550 00 361 I 1,001 to [2,000 1,40000 42000 1,835.00 2,74500 362 12,001 to I t.000 1500.00 .lso 00 1,965 00 2,940 00 ¢63 13,001 to 14,000 1,60000 480 00 2.095 00 3,1 g5 00 364 14,001 to I q,000 1,700 00 51000 2.225 00 ~6s I 5.001 to 16000 1,800 00 ,,1000 2.35500 ~66 16,001 to 17000 1,900 00 q70 00 2.485 00 _ ;,720 367 17,001 m 18,000 2,00000 600 0(} 2.615 00 ~ )'~,915 00 368 18.001 Io I~1 000 2.10000 6;000 2,745 O0 16q It).001 Io >{I O00 2,200 00 6(,0 00 2,875 00 g70 20,000 2,200 00' [(lc pel pound in excess of72~),0110 }bsl 24 ol 26 Weigh1 Data Code Pounds Over Fine Surch. Total Bond 371 up to 1,000 6.00 1.80 22.80 26.70 372 1,001 to 2,000 I 1.00 3.30 29.30 36.45 373 2,001 to 3,000 77.50 23.25 115.75 166.12 374 3,001 to 4,000 120.00 36.00 171.00 249.00 -- 375' 4,001 to 5,000 187.50 56.25 258.75 380.62 - 376 5,001 to 6,000 292.50 87.75 395.25 585.37 377 6,001 to 7,000 425.00 127.50 567.50 843.75 378 7,001 to 8,000 475.00 142.50 632.50 941.25 379 8,001 to 9,000 525.00 157.50 69Z50 1,038.75 380 9,001 to 10,000 575.00 172.50 762.50 1,136.25 381 I0,001 to I 1,000 650.00 195.00 860.00 1,282.50 382 I 1,001 to 12,000 700.00 210.00 925.00 1,380.00 383 12,001 to 13,000 750.00 225.00 990.00 1,477.50 384 13,001 to 14,000 800.00 240.00 1,055.00 1,575.00 385 14,001 to 15,000 850.00 255.00 1,120.00 1,672.50 386 15,001 to 16,000 900.00 270.00 1,185.00 1,770.00 387 16,001 to 17,000 950.00 285.00 1,250.00 1,867.50 388 17,001 to 18,000 1,000.00 300.00 1,315.00 1,965.00 389 18,001 to 19,000 1,050.00 315.00 1,380.00 2,062.50 390 19,001 to 20,000 1,100.00 330.00 1,445.00 2,160.00 391 >20,000 2,200.00+ I 0¢ per pound in excess of 20,000 lbs. Data Code Offense Fine Surch. Total Bond HF 620 345 (2)Misuse of wheelchair parking cone 20.00 6.00 4 I.O0 54.00 345a (3)Imerference with wheelchair parking cone 100.00 30.00 145.00 210.00 SF 2147 235b (5)Failure to carry/exhibit permit 50.00 15.00 80.00 112.50 SF 2366 Employee providing tobacco lo minor 524 (I) lstoffense 100.00 30.00 145.00 210.00 524a (I) 2nd offgnse 250.00 75.00 340.00 502.50 524b (I)3rdoffense 500.00 150.00 665.00 990.00 Minor using tobacco (civil penalty) 525a (2) I'~ offense 50.00 ............ 75.00 525c (2) 2nd offense 100.00 ............ 150.00 525d (2) 3rd offense 250.00 ............ 37500 following: ' ' p~;a!U' ?offensc ..... ~ 525b Fai! te pay c:vfi 25.99 7.59 .~'~ ~n v. 75 525: 2'~ effcnse 50.00 15.00 80 00 11250 25 of 26 NON-SCHEDULED VIOLATIONS PER SF 2146 Driving under suspension under sections 321.218 and 321 A.32 will be handled uniquely. Even though they are simple misdemeanor traffic violations now, no fine or unsecured bond will be filled in on the citation. They will be treated just tike their serious and aggravated misdemeanor versions, 32 I J.21 and 321.561. Failure to appear should result in a warrant being -- issued rather than a suspension for non-payment. It will be up to the individual courts to determine what bond they wish to impose if any upon arrest. Otherwise the Uniform Bond Schedule published by the Iowa Judicial council would mandate $325.00. You might wish to check with your prosecuting attorneys about asking your court to establish an appropriate bond. All other non-scheduled simple misdemeanor traffic violations that have minimum fines writlen into the law now have an unsecured bond of I ~A times the minimum fine and surcharge plus court costs ($25 because a court appearance is required). The method of calculation is basically the same as that for schedule violations except for the higher court cost. Currently the only section affected is 321~260, Interference or possession o£traffic control devices. It is non-scheduled, so the fine, surcharge, court costs and total are [eft blank. However the unsecured bond will he $512.50 [$250+$75)x 1.5]+$25. Section Data Code Offense Fine Surch. Total Bond 321.218 Driving While Suspended, Revoked, Cancelled or Denied (simple) Non-scheduled ................. 321.561 Driving While Barred (aggravated) Non-scheduled ................. 32 IA.32 Driving While Suspended under Chapter 321A (simple) Non-scheduled ................. 3211.21 Driving While Revoked under Chapter 321J (serious) Non-scheduled ................. 321.260 Interference or possession of traffic control devices Non-scheduled ........... $512.50 REQUIRED APPEARANCES ON ACCIDENT CITATIONS. Court appearances are no longer required on accident cases unless there is a serious injury or unless the investigating officer deems it appropriate due to circumstances surrounding the accident. If required, then leave fine blank and put $155.00 in the unsecured bond blank unless subject to one of the above situations. This does not affect accident reporting requirements. 26 of 26 IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-04 ~)ATE: July 17th, 2000 TO: Commanders (Pass on to all sworn) FROM: k. hurd SUBJECT: WT 01-08 Turn Agreements This weeks WT deals with turn in procedures. Primarily, when an officer decides to allow someone to turn him or herself in, the officer should under most instances contact the person when the warrant is issued and make arrangements for the person to surrender. If the subject fails to appear the officer may make arrangements to have the warrant served. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 01-08 "Turn In" Agreements Scenario - You respond to a loud stereo call. Upon your arrival you notice drug paraphernalia. Upon speaking with the resident, he initially denies having any illegal substances but upon further conversation and after your assurance that he will be allowed to turn himself in at a future date, he produces a small baggie of marijuana. Later that evening you do a presumptive test that is positive for marijuana. You then write out the charge, warrant and purple sheet requesting that the day-watch obtain a warrant for the person. The warrant is obtained w/o incident. Critical Issues - What should be done once the warrant is obtained? Does the person need to be advised that a warrant has been obtained? If so, when should the subject be advised the warrant has been obtained? Who should advise the subject the warrant has been obtained? What steps should be made if the subject wants to turn him/herself in? Discussion - When an officer has agreed to let a person turn him/herself in at a future date, to the extent practical the initial officer should honor that agreement. Once the warrant is obtained, the original should go to communications for entry and a copy of the warrant should be placed in the initiating officer's mailbox. Upon receiving notification that the warrant has been issued, the initiating officer should makc contact with the subject as soon a practical, preferably on the officers next duty day. Contact should be timely in order to ensure that the subject is not arrested on the warrant during a non-custodial contact by another officer. While the action of this officer in arresting the person based on the existence of the warrant would be the correct action on his/her part; it makes it appear that the initiating officer and police department are not operating in good faith. Consistent with G/O 99-11, Arrests, the following procedures should be followed when making arrangements for people to turn themselves in. .... TURN IN PROCEDURES... When arrangements have been made for a subject to turn him/herself in at a latter date, the charging officer shall: A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn him/herself in; B. advise the ECO f the location of the charge(s); , C. fill out an arrest report as completely as possible and leave it with the charge(s) In the above scenario the ECO would have the warrant in lieu of a charge, and a~opy of the arrest report should be left with the warrant. If upon contacting the subject he/she refuses to surrender him/herself, or the subje~:t fail~ to surrender as arranged the initiating officer would be justified in making-i_O_thei' arrangements for taking the subject into custody. ; ~ -' - :"; In instances when the subject has contacted an attorney ref. the incident, and THE ATTORNEY makes this known to the officer prior to the issuance of the warrant; to the extent practical, the officer should contact the attorney when the warrant is issued and advise him/her that a warrant has been issued, what the warrant is for and when the subject needs to surrender to the police. Again if the subject fails to appear at the designated time, the officer may make alterr/ate arrangements to pick the subject up based on the warrant. IN A RELATED AREA... Often time's warrants are issued for simple misdemeanors after an investigation. When a suspect is going to be charged with a simple misdemeanor, it is preferred that the subject be allowed to come in and sign or otherwise turn himself or herself in prior to obtaining a warrant. Again if the subject refuses or fails to appear as agreed or if there are circumstances which would make'this attempt impractical, the obtaining of a warrant would be appropriate. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-05 DATE: July 24th, 2000 TO: Commanders (Pass on to all sworn) FROM: k.hurd SUBJECT: WT 01-01 PCS This week's WT deals with PCS and joint possession. In particular it deals with the levels of proof which the officer and prosecutors need to overcome to successfully prosecute. It also discusses steps that should be taken in order to assist in obtaining a conviction. This training was developed at the request of and in conjunction with the Johnson County Attorneys Office. This was in part developed to help minimize the number of cases that are dismissed or pled out. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 01-01 POSSESSION OF CONTROLED SUBSTANCE Scenario - You stop a vehicle for a traffic violation. There are two people in the vehicle. The operator is subsequently arrested for .OWI. During a search of the vehicle you discover a baggie containing marijuana in the console., of the vehicle. The passenger states that he didn't know the marijuana was there. The driver states that the marijuana is not hers. Critical Issues - What is possession? Whom, if anyone should be charged with PCS. Can both of the parties be charged? What if any, are the drawbacks of charging both parties? Is not charging an option? What, if any are the drawbacks of not charging both? Discussion - In the above scenario the officer should consider several issues prior to deciding who, if anyone to charge. Under Iowa law, there are three element of possession: 1) dominion and control of the substance(s); 2) knowledge of its presence; and 3) knowledge of its nature. The knowledge required for the second and third element can be, and because of their subjective nature often must be inferred. Such inference may be shown by the conduct, behavior and declarations of the accused. Possession is actual when the substance(s) are found on the person of the accused. Possession is constructive when the accused maintains dominion and control of the place where the substance(s) are found. In both actual and constructive possession, that accused must also have knowledge of its presence and knowledge of its nature. The dominion and control can be direct or indirect. It is direct when the accused is in such close proximity to the substance(s) as to claim immediate dominion over them. It is indirect when the accused maintains or closely shares exclusive dominion over the premises where the substance(s) are found. Constructive possession is not established from a mere showing that substance(s) were found on the premises over which the accused shared dominion and control. Proof of opportunity of access to place where substance(s) are found will not, without more, support a finding of possession. In the above scenario, while the passenger may have immediate access to the substance, did the passenger have knowledge of the substance? Put another way when you are riding in a friend's vehicle do you necessarily know what he/she has in their glove compartment or what is under the seat? Ref the driver, who is the car registered to? Does, he/she allow others to drive the car? The stronger the connection between the driver and the vehicle the more likely it is that you can make a connection between the contents of the vehicle including the con[gnts of. a closed compartment and the driver. (.~) Is the vehicle owned by a third party? If so, you may easily show accessibi ity, but can, you demonstrate "knowledge". Again, if you have ever driven a friend's vehicle, do youL- necessarily know of all the contents of the vehicle? Is there drug paraphernal a p a n y: visible in the vehicle? Its presence and your documentation of its presence strengths the contention that the operator and/or passenger had "knowledge". In the above scenario, you may develop PC to charge one or both of the parties with PCS. When deciding to charge, officers need to think beyond the immediate "arrest" phase and determine if the existence will support the states ultima~te burden of proof "Beyond a Reasonable Doubt" (BRD). While you may have the PC for the arrest w/o the evidence to support a finding of BRD the sate cannot successfully prosecute. If while developing PC you are unsure if you can convince a jury BRD, you may wish to reconsider charging the subject(s). If you have doubt, consider contacting a watch supervisor or the county atty. prior to charging the subject(s). You have the option of seizing the drug and charging at a future date. If you are unsure if you can prove possession and you cut the subject(s) loose; they are likely to go away with thinking they got break. If you decide to charge the subject(s) with PCS your reports and follow-up investigation is critical. Conduct follow-up interviews, interviewing all suspects/witnesses separately. Document all statements. When possible the baggie/containers/paraphernalia should be submitted for printing. Note the presence of any paraphernalia in the vehicle. If a third party owns the car did you interview them? Who else had access to the vehicle? While officers may reach the required level of PC, the prosecutor has a higher level of proof. While we only need to reach the level of PC to arrest, it is also part of our job to assist in the successful prosecution of the case. When we leave the case at the level of PC, it causes the prosecutor to go forward with a weak or incomplete case. This often results in dismissal or acquittal. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-06 DATE: July 31 st, 2000 TO: Commanders (Pass on to all sworn) FROM: k. hurd SUBJECT: WT 01-06 Pursuit Considerations This week's WT deals with pursuits, primarily what an officer needs to consider prior to initiating a pursuit, specifically the criteria identified in G/0 99-01 Police Vehicle Pursuits. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-06 Pursuit Considerations Scenario - It is 15:10 on a Wed. afternoon in mid September and you respond to a gas drive off at 1st and Lower Muscatine. You get a vehicle description but the only physical description is a w/m in his middle teens. While enroute., the suspect vehicle pulls out in front of you. You immediately turn on your top lights. The suspect vehicle immediately accelerates and starts moving in and out of traffic, The vehicle then tums NB from Hwy 6 onto Ist Ave. Upon making the turn the vehicle then again accelerates. Critical Issues - Can I pursue? What criteria do I need to consider before instituting the pursuit? If I pursue, what criteria do I need to consider? Discussion - General Order 99-01, Police Vehicle Pursuits, requires that officers consider the following prior to instituting a pursuit. I. Time of day - pursuits occurring when there is a high level of activity are more hazardous than those when there is low levels of activity. [You wOuld be approaching a school would be in the process of dismissing and adding a great deal of youthful pedestrian traffic and vehicle traffic in the form of parents.] 2. In this case there are a significant number of businesses in the area that would likely cause the area to have moderate to heavy traffic in addition to the school traffic at this time of day. 3. Location of Pursuit - again you would be going through a school zone during a peak activity period. 4. Weather conditions 5. Road conditions 6. Speed Involved - how fast is the suspect vehicle going? How fast are you going? 7. Nature of offense. You are less justified in pursuing a subject for a misdemeanor than you would be for a forcible felony. 8. Condition of your vehicle. Did you inspect it at the beginning of your watch? 9. Driving skills of the offender - in this case the subject was described as in his mid- teens. The logical presumption would be of a lessened driving skill on his part. 10. Can the offender be identified and apprehended after the fact. In this case you would probably have the plate # to follow up with and witness to possibly identify the suspect. Based on the Pursuit Matrix this would be a high-risk pursuit and pursuit SHOULD NOT BE INSTITUTED. If as the initiating officer you initially followed your natural reaction and instituted a pursuit, you should immediately discontinue. Bottom line, pursuits are not authorized for minor infractions. Before engaging in a pursuit, ~ou should ask yourself; "Is the person a threat safety other than the fact that the police are chas ng h m/her. _ IT IS ESTIMATED THAT APPROX. I/3 OF ALL PURSUITS END UP IN OF EITHER THE SUPSECT OR PATROL VEHICLE. (NIJ STAT) .:,-,./x r~..