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HomeMy WebLinkAbout10-10-2000 ICPD Reports/Memos ICPD TRAINING 2'C33 -2 i',i 12:32 DATE: October 1st, 2000 0Ii'/ ..... _[_h.l x TO: Chief Winkelhake From: K.Hurd REF: Sept. Training Report Police Liability 09/05/00 8 Hours Officers Dreckman, Huff, Platz MTTU IV Training in the area of police liability. Identified "high risk" areas, and methods of minimizing the likelihood of having a situation result in liability to the officer and department. Search and Seizure 09/06/00 8 Hours Officers Kivi and Hansen MTTU 1V Training ir/the laws of Search and Seizure. Detailed when a subject has been "legally" seized, and guidelines for conducting searches. Included recent Supreme Court update. Detectives Seminar 09/07/00 8 Hours MTTU IV Officers Steva, Clarahan, Bok Training in legal requirements pertaining to interviews and interrogations of subjects. Included information on when various rights/requirements "kick in". Children of Domestic Abuse 09/08/00 8 Hours Ames Officer Bok where domestic abuse has occurred. ~,~ ¢,'.L:~: -2 [';i 12:32 Law Enforcement Executive Conference ti'-":'~, c~x~ ' ~'-'-: ~ 09/11 - 13/00 t0\)',:?, "- "?:' ' ~A~A' ~ 24 Hours Washington DC Chief Winkelhake Training in new trends and issues relating to the administration and management of police agencies. Physical Training Instructor Training 09/11-13/00 24 Hours ILEA Officer Platz Training for a department fitness coordinator to assist in the development and evaluation of fitness programs for departmental members. Media Relations 09/11-12/00 16 Hours Sgts. Brotherton, Heick, Krei MTTU IV Training in dealing/interacting with the media. How to effectively work with the media and identification of information which is public information and information which may not be released. Child Protection Seminar 09/14-15/00 16 Hours Officers Clarahan and Bok MTTU IV Training in the interdisciplinary method of identification and investigation of child abuse/neglect cases. Racial Profiling 09/17-19/00 24 Hours Chief Winkelhake Chicago FI!_ED Training in issues related to racial profiling and implementation~gf,~'peed~el,¢~4ra~l~ and/or identify racial profiling. Cii"(': Crisis Negotiations lOW,A, (~!~",( !©WA 09/18-22/00 40 Hours Kansas City Sgt. Lalla Advanced techniques for dealing with barricade subjects and others involved in crisis type situation. Vehicle Dynamics 09/18-22/00 48 Hours MTTU IV Officers Sammons and Nixon Advanced training in the area of accident investigation. Primarily dealt with the actions/movement of vehicles during an accident. SRT Range training 08/22-23/00 8 Hours 17 SRT members Training in firearm techniques and handgun qualification. SRT Situational Training 08/22-23/00 8 Hours 17 SRT members Worked on hostage rescue techniques and worked on search techniques in low/no light. FATS Ongoing during the month .25 hours 15 sworn Training in decision making scenarios and the use of force. Watch Training #s 01-14 Citations/Charges FILED 01-15 Notarization of Charges 2~;3~ OCT -2 ?i'~ 12:33 01-13 Low Ready Position 01-16 Draine vs. Waterloo CI] ,' "'~ zc / Copy: City Manager ,...I 'r, Captain Widmer [OVV?~ r-, ~-, , ~ t PCRB Crime Scene Searches Police Citizen Contacts Robert Kramer Adapted from IACP paper Police-Citizen Contacts Po[ice Division 220 Clay Street Cedar Falls, IA 50613 Police Citizen Contacts Police contacts with citizens do that do not involve CRIME SCENE SEARCHES The procedures used in the search of the scene of the crime interrogation or arrest are sometimes referred to as or accident are determined by the need to evaluate three consensual contacts. This type of police contact is basic factors concerning evidence: What evidence can be extremely important but one that is sometimes misunderstood or improperly used. Police - citizen recovered which will aid in determining what happened and that may further identify the suspectJs? How can evidence contacts may be defined as "Actions by an officer that best be preserved so that it is not lost, altered, or place him/her in face-to-face communication with a contaminated? How can the identification, collection, and citizen for purposes of asking questions or gathering information of an official nature, where there is no preservation of the evidence best be recorded so that it reasonable suspicion to believe that the citizen has remains admissible in court? committed, is committing or ts about to commit a Preliminary Actions crime." If conducted properly, police-citizen contacts can encourage citizen cooperation and may produce The situation encountered by the law enforcement officer at useful information. the scene of an investigation will often require that certain steps be taken before a search for evidence begin. Citizen contacts must be distinguished from "Terry Stops". When making an "Terry Stop", the officer has a reasonable suspicion that the individual being stopped Stabilize the Situation is engaged in criminal activity. Where such reasonable If the action is "in progress", or if people at the scene are suspicion exists, the officer has authority to detain the injured or l~ysterical, the responding officer may have to individual for questioning and IF there are grounds to administer first aid, make an arrest, or take other steps to bring the situation under control. This is most important! believe the person is armed, to frisk the individual for Without ultimate control of the scene, personnel may be weapor~s. By contrast, even when there is no ineffective in the investigation and subsequent search for reasonable suspicion, an officer may approach anyone and ask questions of that person provided that the evidence. Additional assistance may be necessary. Personnel should not overextend their ability to control the situation. If contact is voluntary or consensual. This simply means that the person has no objection to speaking with the officer and the subject is free to leave. continued on page 2 There following are some limits on consensual encounters. NSIDE THIS ISSUIE 1. An officer may not use coercion of any type to initiate or carry out a consensual contact. Officers I Crime SceneSearches may not use the threat of arrest to obtain information when conducting a consensual contact. "1 Police Citizen Contacts 2, By it's nature, a citizen has the right to refuse to engage in a consensual encounter or to answer 4 Verbal Judo Review questions asked by the officer. 3. One of the primary distinctions between a consensual contact and a Terry Stop is the freedom of action of the citizen. They are free too leave when there are no reasonable grounds to believe they have not engaged in criminal behavior, continued on page 3 continued from page 1 assistance is on the way, specific assignments should be appears to be a suicide ~Yl~it~ia~ pb~ervations may in fact be given to the responding unit(s) while enroute in order to a homicide - or acci~'dt,l~'~'~l .~ [effort should be made to avoid confusion and unintentional intrusion into the area. If reconstruct a probable order of events that may have lead up it is necessary to open a lane for traffic, whether for to the incident.~M~ cr.~n~fl.~flzllo~yga similar general pedestrians or vehicles - search it first. Ignoring this step sequence when commathng a crime: They first approach the may result in missed or otherwise ignored evidence. Clear scene in a vehicle orr.~ foot. They. elater the immediate area the area of everyone not actively involved in the The crane ts cormhi/t~d. The¥-[~aYe the ~mmedrate area. investigation. Erect a barrier, place cones, and take other Finally, th~?.:!~'~ fl~el r'~'~ ih~\,'~,~ general area. measures necessary to avoid contamination of the scene. Be aware of the surrounding area, as evidence may be located Impact and Exchange some distance from the scene. Burglars often discard tools An investigator is most likely to find useful evidence when in flight. Protect all areas in which you feel evidence may be he or she has some idea of what they are looking for and located, how they may best preserve the evidence. The physical characteristics of the location of the incident are altered by a Preliminary Records process of impact and exchange. The burglar impacts the Obtain the names and addresses of everyone at the scene as crime scene by breaking glass at the point of entry. soon as possible. Witnesses should be separated in order to Exchange occurs when fingerprints are left behind on pieces minimize the potential that they may influence one another's of the glass which are removed from the window frame. observations. Briefly interview those present to gain a Exchange may also occur when fragmented glass is general idea of what they may have observed. In the event a embedded on the suspects clothing. The evidence of this potential witness refuses to produce identification, or the impact and exchange is the best possible. It not only places officer believes the person may take flight, steps should be the criminal at the scene, but it connects the criminal to the taken to taken to determine if the person may be lawfully incident itself. detained. When applicable, record the descriptions and license numbers of motor vehicles passing through the area. The Search Take overall photos nfthe scene as soon as possible before Organization is the key to a successful search - to a search anything is added, altered or removed from the area. It is that recovers all the evidence to be found at the scene. In essential that these photos show as close as possible the order to ensure a thorough search, a well-organized pattern scene as it was at the onset of the investigation. It is further should be followed. A number of search patterns have advised that witnesses, onlookers, and law enforcement proven to be successful, and three of them are identified as persounel remain clear while these photos are being taken, follows. Do not however forget that it is sometimes advisable to photograph onlookers at the scene. (It is a proven fact that Zone Method. This type of search is most often used in arson suspects often stay in the area to view fire fighting small areas, such as houses or apartments which lend efforts and the resulting damage.) Make a basic sketch of the themselves to be divided into specific areas, such as rooms, scene. It will then be possible to record the location of stairways, and corridors. Each zone can be sub-divided into evidence as it is being seized. Graph paper with one-quarter sub-zones, such as floors, ceilings, or closets. inch squares is ideal for this purpose. Strip Method. This approach is particularly useful in searching a large area. The scene is divided into parallel Planning the Search strips and a searcher is assigned to each strip. The method is The search of the scene must be methodical in order to useful in searching the scenes of motor vehicle accidents minimize the chance of overlooking potential evidence. This where the scene is often narrow, yet spread out over several requires a plan. The planning done in the field takes little hundred feet. time, but it requires knowledge of what is likely to be found Grid Method. This search also is useful at larger crime and how to search for it. Many of the better crime scene scenes. The method incorporates two overlying strips, which investigators have a pre-designed checklist at their disposal divide the scene into a grid. An open field would be a good to aid them in remembering necessary steps that need to be example of an area suitable for a grid search. taken. Often, events at a scene are going on simultaneously and rapidly - thus increasing the chance of overlooking Be methodical. By sticking to any search pattern, there is something important. Slow down! Evidence recovered at the less likely a chance that an area will be skipped. Once an scene will generally vary in the type and location found area is searched, it is always advisable to have it searched from incident to incident. Evidence recovered at a safe again by another investigator. An effort should be made to burglary will differ from that recovered at the scene of a hit be particularly aware of trace evidence. Small items such as and run fatality. While at the scene, officers should ask fingerprints, hairs, fibers, and blood are often overlooked or themselves these questions: What happened? How did the destroyed, yet they are often the best evidence. The scene get to be as it is now? What looks out of place? Is investigators should be constantly aware of evidence which there evidence that may help identify the perpetrator? By could change what was an initial theory regarding the answering these questions, the investigator may develop a incident. tentative idea about what happened. The scene which training 2 Verbal Judo. It is recommended that officers adopt Accreditation-'U~date these steps when dealing with the public, in particular :. ,,~..~. ~ ;:. ,,~. ~:,~ the "Tactical 8 Step" for traffic stops. This month general o~der 00--9-7, POliL~e' Gyclist (green) 5 Step"Hard Style" and 00-06, Special Purpose Vehicles (black) were 1. Ask (don't demand) issued. Of note, the C'~0 sLorder*eop~res b~ke officers 2. Set the context (this is your legal foundation and it's to wear a helmet ~ r~pr0t'eCttVe !(~¢~ear when on respectful because it answers the "why" question, patro. Addd~ona y t)~'~ are exempted from having to 3. Present options-helps the person see the positive carry body armor with them on the bike should they over the negative ("if a man has something to gain or elect not to wear it. The Special Purpose Vehicles lose have something to use") order identifies those vehicles in the department, which 4. Confirm- "SidMa'am, is there anything I could say to are not generally used by the patrol or investigations earn your cooperation at this time? I'd like to think sections on a routine basis, and requirements for the there is." operation of the special purpose vehicles. All bike 5. ACT-Arrest, control, transport officers need to be familiar with the Police Cyclist order. By the end of this, people will have demonstrated en 4 occasions, that they are non-compliant, and that they elected toallowwordstofail! PCS Update - In July the County Atty provided information for the bulletin and WT ref. constructive Tactical 8 Steps and actual possession. This has been hilited in the 1. Greeting Sept. Narcotics law update which includes a synopsis 2. Identify Self/Department of Alabama v Fitkin. Briefly, Fitkin borrowed a pickup 3. Explain reason for stop. and was stopped for a traffic violation. He consented 4. Ask for any justified reason for action, to a search and a partially consumed joint was found in 5.Request Driver's license the closed ashtray. The pickup was regularly loaned to 6. Ask about location of Reg./insurance-inquire as to other people. Officers stated the joint was cold and whether there is anything in those locations you should there was no odor of marijuana. There was nothing to know about. -Request those documents, directly connect him with the joint. Fitkin was initially convicted of PCS but the decision was overturned 7. Decision- cite or warn because "The mere presence of a joint in the ashtray 6. Close (Remember, if you cite, don't close with "have of a truck belonging to someone else, which the owner a nice day"- people may feel this is insincere, i.e., had allowed several people to use, should not in and people may see a smirk when one doesn't exist of itself establish the intent to possess." This and That VEHICLE PURSUITS CLAIM NUMEROUS LIVES - From Caliber Press Some statisticians estimate that there are 100,000 police pursuits in the US each year. In 1999 25 police officers were killed in the line-of-duty, while engaged in vehicle pursuits. In the last 5 years more than 1,800 people, (officers and civilians) have been killed as a result of police pursuits. One-fourth were "innocent"/non- involved parties. ALCOHOL and CRIME - Private research think tanks including the Bureau of Justice Statistics, the National Institute of Justice, the Center for Substance Abuse Prevention, the Urban Institute, and the Pacific Institute for Research and Evaluation, researchers examined the role of alcohol in violence and crime. The research findings were alarming. Nearly 50 percent of America's incarcerated population was under the influence of alcohol at the time of their offense. Alcohol is a factor in nearly 80 percent of all domestic violence cases with offenders, victims, or both under the influence. In approximately 40 percent of all sexual assaults alcohol was a contributing factor. Thirty-five percent of all traffic fatalities are related to alcohol. These represent only a few of the statistical realities confronting communities. REMINDER: G/O 99-01Police Vehicle Pursuits, requires that in addition in addition to a narrative relative to a pursuit, a pursuit is considered a use of force and a Use of Force report is required. The optimist sees opportunity in every danger; the pessimist sees danger in every opportunity. -- Winston Churchill training 4 Protecting the Evidence evidence vary greatly so a variety of boxes, bags, or When evidence is located, it is often advisable to first call bottles may be used. When packaged, the evidence should attention to it for documentation purposes prior to its be protected from bf~k~g~her unnecessary damage. seizme. This documentation is necessary due to the highly The following are a~e~-s[~g~es{ions for packaging types fragile nature of some evidence. Evidence can be fragile of evidence: Blood stained clothing should be AIR DRIED due to one or more of the following: passing time, (without the~g~e~63'~,i,l~,-ir-~-y~io~/2f:a~. It should then be exposure to the elements, improper handling, and packaged in paper bags, or packaging paper, (not plastic). movement. In some instances at which fragile evidence is Cardboard boxes~.-may also; b¢l/used. Glass containing encountered it may be necessary to take control of the possible foot~v~,~r~lg$ o~ ~l,~.~e,~prtnts should be atr evidence immediately. The otherwise orderly search dried when ~['i~ibl~?~en pl~:]~ in an appropriate pattern may have to be temporarily abandoned in order to container such as a cardboard box. If possible, separate the document and seize evidence which could be effected by individual pieces with layers of paper to avoid cross - any one of the factors described as making evidence contamination. Hairs, fibers, and other trace evidence fragile. (see above) A footwear impression in a highly should be placed in a pharmaceutical fold and sealed with traveled area may have to be photographed or cast. Skid evidence tape to prevent leakage. As noted above, paper marks at an accident scene may have to be measured and bags are preferred over plastic because they "breathe" and documented. In special instances such as these, it is do not promote the growth of micro-organisms which can essential that the evidence be given special attention with render blood and other types of biological evidence immediate documentation and seizure, useless. Documenting the Evidence Chain of Custody When an item of evidence is to be marked on a basic The prosecutor must be able to prove that any item offered sketch being prepared by the investigator, it's exact as an exhibit is in fact the object found at the scene or location can be indicated by showing the distance of it during it's subsequent investigation. This requires a from two fixed points. In lieu of drawing the item, the complete record of the chain of custody from the time of evidence can be placed by assigning it a letter or number it's seizure, showing the identity of all persons having and listing it in a table or legend elsewhere on the sketch, possession of the evidence at any given time. Evidence When evidence is located, it is important to immediately sent to another agency for examination should be done so record the find. Varying agency policies or the seriousness by registered mail, so a record of whom the evidence was of the offense may dictate that the documentation of the received by can be produced. evidence be witnessed by a second investigator. One advantage to having a witness is that future courtroom Pitfalls of Crime Scene Searches testimony may be possible by one of the investigators in Damage done by Police Officers the absence of the other. Most agencies have a system of Accepting the scene at face value and jumping to numbering evidence in order to keep a record or sequence conclusions of findings. It is best to assign numbers to the evidence Ignoring the obvious while at the scene to avoid later confusion when all the Disregarding evidence which seem unrelated evidence has been collected and transported to the holding Failing to collect all of the evidence facility. In addition to assigning evidence numbers, it is further advisable to prepare a complete inventory of all Reassessment of the Scene evidence seized during the investigation. Copies of this Once the scene has been abandoned it becomes history and inventory should be available to the agencies evidence there is little or no opportunity to regain what may have custodian and case file, and to the prosecuting attorney, been overlooked. The investigator should take the time to reflect on the activities taking place while at the scene. Marking and Packaging Questions to ask as the investigation progresses should All evidence should be marked by the seizing investigator include: - Does all of the evidence fit the theory developed by placing identifying markings such as date and time of by the trained investigators present? - Was there evidence seizure, the location found, or the officers initials on the which was expected to be found, but wasn't? - Was item. This should of course be done only when it can be unexpected evidence encountered? If any of these accomplished without endangering future examinations by questions raise an uncertainty in the mind of the an evidence examiner if and when it is necessary. More investigator, a false assumption may have been made, or often the packaging in which the evidence is placed can be the scene may have been improperly processed. Try to marked with this information and then sealed with tamper resolve conflicts about the findings while still at the scene proof evidence tape. Package and label each item where thesearchcanbecontinuediftheneedarises. separately. Label each package clearly, even when the item itself is marked. This then makes identifying the evidence possible without opening the packaging. Items of training 5 - FILED 2000 OCT -2 Fi-112: 2[} · · !O~S?'-', .~':l ,. IOWA IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-1 7 DATE: Sept. 4th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: Citations/Charges This weeks' watch training details problems which have been identified by the Clerk of Court's office. In order to minimize the number of citations that are returned or dismissed due to errors on the citation/charge, officers need to review their citation/charge prior to submission and ensure that the information is correct, legible and consistent. Charges with errors or inconsistent information, i.e. description and code section do not match, will be retumed for amendment (this MUST be done through the prosecutor, including changing a court date). Cites or charges with illegible information will be returned for clarification. Note: these are errors on our end and not "nit-picking" on the part of the clerk's office. It is their responsibility to see that things get filed, scheduled and resolutions recorded. They do not have the time or personnel to contact individual officers for clarification on cites/charges. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 01-14 Citations/Charges Scenario - You are walking on the plaza and cite several people for single violatib"ns7 ~nd several people with multiple charges. Critical Issues -What do you need to do to ensure that the charge is correctly file~ with the Clerk of Courts office? What are the consequences of not correctly filling out a citation or charge? Who do I need to contact to amend a charge? Discussion -Attached are some recommendations, caveats, suggestions.., from the Johnson County Clerk of Court office. The majority of the problems are from carelessness (i.e. putting down the wrong charge or code section) and illegible handwriting. Also available are examples of the various problems. Also some code sections, i.e. 123.46 which we commonly cite for, public intox, also refers to consuming in public. If you are citing for the consuming in public section or a "less common" violation in a code section this needs to be made clear on the written description section of the citation. Also any applicable subsections need to be included on the charge. I.e. instead of citing 321.216 for Unlawful Use of DL are more reflective cite would be 321.216B with the description of Unlawful use of DL to purchase alcohol. If you are unsure as to the fine amount, check in your compendium or with another officer. The Clerk's office has had some difficulty entering some traffic and simple misdemeanor complaints. Problems they have experienced include: 1. Tickets not being timely filed and dismissed by the magistrate. Original tickets filed with a court date that has clearly changed at some point and is different than the defendant's copy. When the defendant appears at his/her scheduled court date and the original ticket is not on file, the magistrate dismisses the violation. 2. Insurance Tickets - Not specifying whether or not an accident was involved. Keep in mind that if the ticket was non-accident related, the scheduled fine is $250.00 + $75.00 sumharge + $15.00 court costs = $340.00. If the ticket is accident related, the scheduled fine is $500.00 + $150.00 surcharge + $15.00 court costs = $665.00. Not only is there a difference in the fine amount but in cases where there was an accident, a copy of the citation showing no insurance can be admitted in related civil litigation. 3. The charge code must match the violation written. If the code section and written charge don't match, how is the Clerk and/or Court to know what charge you are alleging? Depending on who is looking at the charge they may go by the code section provided or the written description. 4. Amendments- If a charge is amended in any way after the def'~n~i~_n~been given his/her copy, you must contact the prosecuting attorney. You cannot call the Clerk of Court and have the ticket amended. you to stop at the Clerk's office and physically amend the ticket yourself. Amendments must go through the prosecuting attorney so(~iat~ th¢~cl~f~dant f'~\[,,l', "" ' - is properly notified. 5. Serious Misdemeanor and above violations must be properly filed. Complaints must not be mailed to the Clerk of Court where the defendant has signed a Promise to Appear. Remember the defendant needs to go through booking procedures at the Sheriff's Department. 6. Write legibly - be consistent. Please help take the "guess work" out of what has been written. If a charge is not legible it may be returned for clarification before being entered into the system at the Clerk's office. 7. Do not put more than one charge on a ticket or complaint. If multiple charges are issued, use multiple tickets/complaints. (this applies to simples) 8. Frequently they find that what is written on the ticket does not match the scheduled fine, surcharge and/or costs. Accuracy is important. If a ticket lists a lesser fine, and the magistrate imposes the scheduled fine, the defendant becomes irate and wonders "Why did the officer tell me I only had to pay $20 fine and now you tell me it is $50.00 or the fine is non-scheduled and the ticket shows $20.00 and the magistrate imposes a $250.00 fine. Please be accurate. If the fine is non-scheduled leave the fine amount sections blank. 9. Note the Compendium for scheduled fines. Be aware the Speeding in a zone of 55mph or less and Speeding 55 mph or greater are DIFFERENT scheduled fines. The following are necessary for the Clerk to manually enter tickets/citations in to the record: 1. Legible writing 2. Use the full name of the defendant, first, middle, last. It is helpful to the Clerk's office to have the middle name should a warrant be issued. 3. Proper Code section 4. Violation written matches code section 5. Scheduled fines match the code and violation used 6. One violation per ticket/complaint, make sum all information is consistent 7. Non-scheduled violations should be court-appearance required 8. Timely filing of tickets/complaints 9. Amendments must go through the prosecuting attorney not the Clerk of Court. 10. Incident forms must be submitted w/complaint for Domestic Abuse, harassment and Stalking charges. Can leave incident report form with the sheriff's office when the defendant is taken to jail. If obtaining an Arrest Warrant remember to file the form with the complaint and warrant at the Clerk's office. Without protected party information, the Clerk cannot enter the no-contact order onto the Domestic Abuse Registry. 11. It is requested that court dates be set three weeks from the date of issuance. This will allow for a timely filing and recording of all charges. It will also allow time for any necessary amendments. It is recognized that towards the end of the schOol year and under certain circumstances that this may not be possible, but to the extent possible use a three-week out date, 12. On football weekends, when you write someone in for the next morning, they MUST be told that court will be held at the jail AND you must get the charge/citation to the JAIL by 07:00 so the magistrate will have it available when the person appears. (Yes this is an exception to 11) 13. When citing someone ASK for a current address, do not assume the address on a DL/ID is correct. 14. When citing someone, who does not have ID, confirm their identity to the extent possible and have them spell their name and then request they verify the spelling. It may be prudent to note that the person did not have an ID and that you confirmed spelling 2x on the charge. Perhaps putting no ID and 2x behind their name. (if the person is already in our records system or the Clerk's system under a different spelling this may be entered as an AKA and this "flag" will let records know the officer verified the information and may keep him/her from getting a return) A misspelled name requires a ticket be amended. Instead of automatically dismissing charges/citations with errors, the Clerk's Office will usually return a copy of the charge/cite to the Chief's office for redistribution to the correct watch commander. The officer needs to make the amendment through the pr6secutor as soon as possible after being notified of the error. If the error is "minor" in nature the Clerk's office may enter the charge in to their system but it will not be scheduled or resolved/payment filed until the amendments are completed. Illegible charges or those containing errors that could adversely impact the defendant may be returned un-entered or dismissed. The majority of the charges are being returned for correction due to carelessness on our part. Taking an additional 30 seconds to verify the information on your ticket/charge will probably save records, the clerk's office, the magistrates, the Chief, your WC and yourself some time and effort. Developed at the request of and in cooperation with the Clerk of Courts office, ii? ~ IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-1 8 DATE: Sept. 8th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: Notarization of Uniform Citations This weeks' watch training addresses yesterdays Iowa Supreme Court decision Cedar Rapids v Atsinger III. Effective immediately uniform citations will need to be notarized. We are re-implementing the procedures used up to several years ago where the officer must bring the cites' to the PD and swear as to there correctness in front of a notary. The supervisor will stamp, sign and "seal" the back of the 1st page of the citation prior to submitting it to records. As the "indictable and simple" forms are already notarized, this applies to all charges which are put on the Uniform Citations. The complete CRv Atsinger decision is available in the Training office or can be found by typing in Iowa Supreme Court and going to the recent decisions section. Cc: Chief Winkelhake Capt. Hamey ' ' Capt. Widmer Watch Training 01-15- Notarization of Charges Scenario - You stop someone for speeding and decide to cite them. Upon providing them their copies of the citation you submit the two "clerks" copies to the WC basket or the watch file. Critical Issues - Through 1995 we required that officers sign the back of the clerk's copy (original) in front of a notary, swearing that the information on the citation was to the best of the officer's knowledge, "Tree and Correct". With a change of procedure adopted by the state in 1995 this practice was stopped. In Oct. 1997 an Edward Atsinger III war stopped for speeding by the Cedar Rapids PD. The officers, consistent with the existing practice did not sign the affirmation section on the back of the citation.. Atsinger challenged on the basis that this was a violation of the Iowa Constitution Article I sectiov 11 which states: All offenses less than felony and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand .jury, saving to the defendant the right to appeal. On Sept. 7th 2000, the Iowa Supreme Court released it's decision regarding Atsinger's appeal. It overturned the conviction, agreeing with Atsinger that the failure to affirm under oath was a violation of the Iowa Constitution. Discussion - Effective immediately we are revising our procedure regarding the submission of citations. The procedure will be as follows: Prior to the end of their watch officers must bring all citations to the PD. The officer will be required to swear in front of a notary (Sgt, Lt., some communications personnel) that the information on the citation is "True and Correct" to the best of the officer's knowledge. The notary will affix this stamp, £~xbscribed and sworn to before ~.~e On this_ , da~r of,~,,~,,,,,19,.,~,.,, approx. 1/3 of the way up the back of the original of the ticket. The officer will sign immediately above the stamp. The potai'y will then fill in the date on the stamp and affix their seal over the top of the signature and stamp. This procedure may change with the further guidance of the City and County Attorney's office. COMPLAINT fl Coumy or: IOWA CIW ~N°':- ~ City of: 417 S. CLINTON STREW, JOHNSON COU~ Ad.ess. City S~te ~ Zip. SS~ State Co. DL Class DL End ~~ DL Rest... DOB / / Race Sex Ht. Wt. ~e undc~ign~ states ~at on or a~ut / / at ~ ~ ~ PM defender did tmlawfu)ly: Mo. Day Yr. O~rate Motor Vehic/~oar (descrY) CMV ~ Yes ~No H~Mat Plat. Req. ~ Yes ~ No US DOTg_ U~n a public highway al ~Traffic ~ Navigation ~ Snowmobi[~ATV ~Fish-Game ~P~ Su~h~ge $. ~ Cou~ A~atanee Requi~ed (805.~0) Cou~ Costs $. ~PJ. ~P.D. ($~) Acciden~ ~ Fatal A~cident Violation Speed ~ In ~ Zone-S~. g I fie DATA CODE ~ Fe~Adm. C~e L~a1 Ord. Iowa and is punishable as an aggravated misdemeanor, IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-1 9 DATE: Sept. 18th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: Low Ready or Uniform Cover Position This weeks' watch training addresses finger/firearm positioning. I.e. where should you have your finger when your gun is drawn? The accompanying video explains the position and demonstrates what can happen when this is overlooked. Please rewind the video for the next watch. Cc: Chief Winke[hake Capt. Harney Capt. Widmer Watch Training 01-13 Uniform Cover Position Scenario - It is 02:30 and respond to a business ref. an alarm. Upon your arrival you find a forced door. Upon following notification procedures in G/O 99-02 Alarm / Open Door Response a decision is made to search the building. You decide to draw your weapon. Critical Issues - What position should your gun be in? Where should your finger be in relation to the trigger? Discussion - When conducting a building search your gun should be in the "low ready position". This will keep the weapon readily accessible but allows you to freely scan/view threat areas. When the gun is brought up to eye level you will tend to focus only on the area directly down the barrel. Your finger must be kept outside the trigger guard. This will minimize the likelihood of an accidental discharge should you stumble, become startled, or otherwise accidentally pull your trigger finger. The associated video discusses when it is appropriate to place your finger in the trigger guard and dramatically demonstrates what can happen when the finger is on the trigger. This is not intended to discuss whether the involved officer should have had the finger on the trigger in the situation presented. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-20 DATE: Sept. 25th, 2000 TO: Commanders (All Sworn) FROM: k. hurd SUBJECT: Draine vs. Waterloo This weeks' watch training deals with Terry Stops and the detention of persons based on the stop and the detention of subjects prior to the execution of a search warrant. In particular it hilites an Iowa Court of Appeals case, Draine vs. Waterloo which was decided this summer. The entire Draine decision is available in the training office. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 0 i-16 Draine vs. Waterloo -~ Scenario - An officer conducts a Terry stop of a vehicle and occupants whc~l~ave jast:lei'~ a motel where drug transactions are suspected. A consent search /Z)E'dtidt~i~itl nothing is located. The occupants of the vehicle are transported to the PD while officers obtain a warrant to search the motel room. Occupants are not allowed to leave the PD until after the warrant is executed. Critical Issues - When is a Terry stop justified? How long may a Terry stop last? May subjects be detained at the PD or elsewhere while officers obtain a search warrant for another location. Can a Terry stop (based on reasonable/articulable suspicion) become an arrest even if not intended by the officer? Discussion - Draine vs. Waterloo, the Iowa Court of Appeals deals with these issues. This was a fourth amendment case that protects people from unreasonable search and seizure. When stopping a person for a Terry stop officers are in fact seizing a person based on Reasonable Suspicion. This is less than the Probable Cause required for officers to arrest someone. However; when conducting a Terry stop officers MUST have an articulable suspicion that the person is or has been engaged in criminal activity. These stops may only be of brief duration. "If the stop is valid, the officer must still take steps calculated to quickly dispel or confirm the suspicion. If the officer's suspicions are dispelled, the detainee must be released." While there is not a definitive time limit, once a Terry stop edges past the 15-20 minute period this is probably pushing the outer edge of acceptability. In the above case/scenario, the subject consented to a search of the vehicle. Officers did not find any evidence of criminal activity. Once the search was completed and there was no further reason for the officer to detain the subject. In this case the officer asked the subject to come to the PD and states that the subjects agreed to the request. He then secured their vehicle and transported them to the PD. As indicated in previous Training Bulletins and WT, once an officer "restrains persons in a significant way" the "line" between a detention and an arrest is being crossed. The 6th Circuit court in Centanni v. Eight Unknown Officers, states...'prolonged detention was not one of the "narrowly defined intrusions' contemplated by Terry as there is NO SUCH THING as a Terry 'transportation'" ALL ARRESTS MUST BE BASED ON PROBABLE CAUSE. In the above, once they arrived at the PD the subjects were held for several hours. When the parent of one of the persons came to check on the situation (overheard the stop on a scanner) they too were detained. The officers based their decision to detain the subjects on a safety issue, because they were in the process of obtaining a search warrant for the motel. The detaining of subjects at the PD would in all likelihood be construed as an arrest. The Court stated that "While Terry stops are permissible under the Constitution, there has been no judicially-created exception to the Fourth Amendment that permits law enforcement officials to seize people so as to prevent them from warning suspects of police monitoring."...Neither the Fourth Amendment nor its exceptions permit officer to dismiss these constitutional mandates soley because of safety concerns. Again from Centanni v. Eight Unknown Officers..."We cannot sanction an officer to create, either intentionally or mistakenly, an artificial justification for detaining citizens contrary to the Fourth Amendment by merely notifying them of their intent to procure a search warrant. Permitting such an exception would not only be counterintuitive but contrary to the protections embodied by the Fourth Amendment." While officers may detain subjects at the scene where a seamh warrant is being executed, we do not have the authority to detain persons to keep them from warning those involved that they under investigation. BOTTOM LINE: Prolonged detention Equals Arrest and Arrest requires Probable Cause.