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HomeMy WebLinkAbout11-07-2000 ICPD Reports/Memos ICPD TRAINING DATE: November I st, 2000 TO: Chief Winkelhake From: K.Hurd REF: Oct. Training Report At Scene Accident Investigation 10/02-06/00 40 Hours Officer Humiston MTTU IV Training in the area of At-Scene accident investigation. Details what initial officer should be looking for. Training in identifying vehicle and roadway evidence. Introduction to basic speed/momentum formulas used in advanced accident investigations. 1st in a series of four classes. Child Exploitation 10/02-06/2000 40 Hours Officer Steva Kansas City Training in the identification and investigation of child abuse/child exploitation investigations. Including working with other agencies, i.e. hospitals, DHS etc. Included dealing with children. Midwest Hazardous Devices Tech. Conference 10/02-05/2000 32 Hours Cedar Rapids Officers Leik and Lorence Training in dealing with hazardous device incidents. Included update training, new trends and new technologies. Also included training in equipment use. TIPS 10/10-11/2000 16 Hours Davenport Officers Akers and Mebus Training in Intervention Procedures. Training for officers in the instruction ~ allows officers to train servers of alcohol in identification and intervention techn~qu,e,~ for ~ntox~cated persons. Also trains servers in their duties and responsdbihtles, as, ser~?~o( alcohol. Fall Range Training 10/16-19/2000 8 hours Iowa City, Tiffin Gun Club, Cedar Rapids PD range Physical Fitness assessment - stretch, sit-ups, pushups, 300 M mn, 1.5 mile run. Training in the 1187 shotgun and familiarization and trapshooting. Qualification with 1187 shotgun. Annual night handgun qualification. APCO Training 10/17-18/2000 Des Moines ECO Sereduck and Peterson Training in radio communications including new trends and technologies. Included recommendations for procedures for dealing with officers and the public. Chemical Munitions Instructor Training 10/23-27/2000 40 Hours ILEA Officer Akers Training for an instructor in the use and deployment of chemical munitions. Officer will be able to train other officers in the use and deployment of chemical munitions including the crowd control applications. Homicide Investigations 10/21-25/00 24 Hours Kansas City Officer Gonzalez Training in various aspects of death/homicide investigations. Including working with the surviving family members of homicide victims. SRT Range training 08/22-23/00 8 Hours 17 SRT members Training in firearm techniques and handgun qualification including training on the 1187 shotgun and qualification and night handgun qualification. SRT Situational Training 08/22-23/00 8 Hours 17 SRT members Review of SRT manual, review of school emergency procedures, and practice of downed officer rescue techniques. Watch Training #s 01-10 Supplemental Accident Reports 00-17 Hazardous Materials 01- 03 Diplomatic Immunity 00-16 10-50 PI Copy: City Manager Captain Widmer ?CRB Examination of the Crime Scene Acid Bombs by George Schiro Ralf Kreling Pal m Beach County Fla. S/O Louisiana State Police Crime Laboratory Adapted from Sept. 2000 Policemagazine Before the investigators begin examining the scene of See complete article for additional information the crime, they should gather as much information as possible about the scene. Once again, a slow and When we think of bombs and bombings, we often methodical approach is recommended, information is gathered to prevent destruction of valuable and/or picture and expect to see destruction in the fragile evidence such as shoeprints, trace evidence, immediate area. The acid bottle bomb will not etc. Once all of the information is gathered, a mental cause the type of destruction we usually associate plan is formulated as to how the crime scene will be with a bomb, but nonetheless, they are dangerous analyzed. Copious notes and relevant times should be and will cause serious bodily harm. kept on every aspect of the crime scene investigation. The examination of the scene will usually begin with a You respond to a suspicious item on a front lawn. walk through of the area along the "trail" of the crime. Upon your arrival you observe a thin cloud of The trail is that area which all apparent actions smoke coming from what appears to be a plastic associated with the crime took place. The trail is soda bottle in the middle of the lawn. The smoke usually marked by the presence of physical evidence. This may include the point of entry, the location of the coming from the bottle is thin and grayish in color. crime, areas where a suspect may have cleaned up, Upon approaching it appears there is some liquid and the point of exit. In some cases, a walk through in the bottle. What you don't take into account is may become secondary if potential evidence is in the fact that the grass around the bottle is rapidly danger of being destroyed. In that case, this evidence turning brown. The wind switches direction and should be preserved, or documented and collected as suddenly you find yourself surrounded by the quickly as possible, smoke. Your eyes, nose and throat are burning. The purpose of the walk through is to note the location You have just become the victim of an acid bottle of potential evidence and to mentally outline how the "bomb". continued on page 2 There was no explosion, which you would have recognized as a bomb. Any "explosion" would I N S I D E T H I S I S S U E have sounded similar to fireworks. In all likelihood the bottle failed at its weakest point. There was ~l Examining the Crime Scene not enough pressure built up to cause an audible explosion of any consequence, ~l Acid Bombs What is an Acid Bomb 4 Ways Not To Start Your Report Acid bombs are popular with juveniles. They are easy to make with common household items, none of which have any restrictions. Toilet bowl cleaners, swimming pool chemicals, household cleaners... These common materials can be used to manufacture either an acid baSg~eC~tiJ~[~pg~ea~ trainln continued from page 1 scene will be examined. The walk through begins as layout of the evidence andi'.E$(rel~v~nce to the crime close to the point of entry as possible. The first place scene. If videotaping in a residence, the camera can the investigators should examine is the ground on show how the pertinent rooms are laid out in relation to which they are about to tread. If any evidence, is each other and howt~,ican:belac¢¢$s~d.;: observed, then a marker should be placed at the location as a warning to others not to step on the item Still Photography of interest. Whether a wdeo cam, era ~s ava~lable.,or not, ~t is A good technique to use indoors on hard floors is the absolutely essential [ha;("~rtill photographs be taken to oblique lighting technique (also known as side document the crime scene. If a video camera is lighting). A good flashlight with a strong concentrated available, then photographs will be the second step in beam is the only tool needed. The room should be recording the crime scene. If video is not available, darkened as much as possible. If a light switch which a then still photography will be the first step. suspect may have touched needs to be turned off, Photographs can demonstrate the same type of things then make sure the switch has been dusted for that the videotape does, but photographs from the fingerprints first. Do not close any blinds or shades crime scene can also be used in direct comparison until after all general photographs have been taken. In situations. This is the advantage of photographs over the side lighting technique, a flashlight is held about videotape. one inch from the floor. The beam is then angled so Almost any type of camera with interchangeable that it just sweeps over the floor surface and is almost lenses and a format of 35mm or larger will do in crime parallel to the surface. The light is then fanned back scene photography. It may be of help to the and forth. Any evidence, such as trace evidence and investigation to have a Polaroid camera handy for shoeprints, will show up dramatically. Under normal instant photographs. For example, an instant lighting conditions, this evidence may be barely visible photograph of a shoeprint found at a crime scene can or completely invisible, be provided to investigators who are running a search As the walk through progresses, the investigators warrant on a suspect's residence. The photo will tell should prevent depositing of unwanted fingerprints at them the type of shoe for which they are searching. the scene. As a final note on the walk through, the The photography of the crime scene should begin with investigators should examine whatever is over their wide-angle photos of the crime scene and surrounding heads (ceiling, tree branches, etc.). These areas may areas. When shooting the general overall scene, the yield such valuable evidence as blood spatters and photos should show the layout of the crime scene and bullet holes. Once the walk through is completed, the the overall spatial relationships of the various pieces of scene should be documented with videotape, evidence to each other. A good technique to use photographs, and/or sketches, indoors is to shoot from all four corners of a room to show its overall arrangement. The next set of photos Documenting the Crime Scene should be medium range to show the relationships of individual pieces of evidence to other pieces of Videotaping the Crime Scene evidence or structures in the crime scene. Finally, If available, a video camera is the first step to close up photos should be taken of key pieces of documenting a crime scene. Videotape can provide a evidence. A ruler should be photographed with items perspective on the crime scene layout, which cannot where relative size is important or on items, which be as easily perceived in photographs and sketches. It need to have one-to-one comparison photographs. is a more natural viewing medium to which people can The object should first be photographed as is, then readily relate, especially in demonstrating the structure photographed with the ruler. It is important that when of the crime scene and how the evidence relates to the doing one-to-one photography that the ruler is on the crime. The video camera should have a fully charged same plane as the object being photographed and the battery as well as date and time videotape display film plane is parallel to the ruler. This is why a level functions. The condition of the scene should remain and a tripod are necessary. Notes should also be unaltered with the exception of markers placed by the taken as to what the investigator is photographing or investigators and any lights turned on during the walk wishes to demonstrate in each photograph. This is to through. These alterations can be noted on the audio prevent the investigator from getting the picture back portion of the tape. Once the video camera begins at a later date and trying to figure out what he or she recording, it should not be stopped until the taping is was trying to accomplish with the photo. The same complete. The key to good videotapCng is slow camera areas should be photographed in the same sequence movement, as mentioned above in the paragraphs on videotaping. The taping should begin with a general overview of the (Continued pg. 4) scene and surrounding area. The taping should continue throughout the crime scene using wide angle, close up, and even macro shots to demonstrate the training 2 continued from page 1 UPCOMING TRAINING i"i . ' caustic; alkali based bomb. By mixing the · primary ingredient with other readily available The following is a listing of training which MAY, be c l ~naterials in a plastic bottle they can create a available. DO NOT consider th~s 'a posting. Any 'chemical reaction which, may result in the release request to attend based on this listing will not be'' Of materials that can cause injury and or damage. C"., '-.:,-, :.,'. ~, These are cheap, easy to make devices, which considered a request to attend. 1;~",'~;~r~ ": ~-:'.'"'~' initially appears harmless. However, these bombs will often emit hydrochloric acid or other CALENDAR OF EVENTS byproducts in a vapor form. (Plastic 2 liter soda T"A~N~MGEVENT bottles are made to withstand an internal PLACE MTTU IV pressure of 120-130 psi.) DATE NOV. 20-22 Hazards Domestic Violence This simple device is capable of harming persons TRAINING EVENT who come in direct contact with the substances or the resulting smoke and debris from the breach of PLACE MTTU IV the container. The inhalation of 5 to 35 pads per DATE NOV· 28-30 million (ppm) of hydrochloric acid may cause Reid Interview/Interrogation irritation/burning to the throat, coughing and choking. Exposures of 100 ppm may be TRAINING EVENT immediately life threatening, causing ulceration to PLACE MONTGOMERY HALL the mucous membranes of the eyes, nose, throat DATE 01/08/005CONSECUTIVEWEEKS and lungs· In the above situation, the officer MATS would need to promptly clean/wash/dilute all exposed areas. This would probably mean TRAINING EVENT calling an ambulance for assistance and then PLACE WASHINGTON COUNTY RANGE going to the ER for treatment. DATE 11/29 SUPPLEMENTAL RANGE TRAINING Safety Precautions When responding to a call such as this you can Accreditation Update take several precautions to decrease the likelihood of becoming a victim of these type devices. General Order 99-09 has been reissued as a green order. A section requiring Tis or Recon. 1. Approach up wind. to complete their report within 30 days or the 2. Advise other units of the safest route to the Watch Commander will provide an explanation area. as to whythe repod is not complete. 3. Notice your surroundings, is anything discolored? Are there pieces of aluminum foil General Order 00-09 Organization was issued, around'?. It is often used to cause a reaction. It is consistent with the depadment's 4. Don't think you must act immediately. organizational structure· 5. Call for assistance; bomb tech., rD. General Order 99-11, Arrests has been 6. When dealing with evidence use gloves and reissued as a red order. Iowa code section protective eyewear. 804.8, Breaking and Entering Premises, - 7. Never smell the substances you find at the Demand to Enter has been removed. If you scene· are entering a private premises to execute an 8. DO NOT place aluminum foil or other arrest warrant you must also have a search materials from these devices into a sealed warrant for that property, container. General Order 00-08, Weapons went into effect 10/30. It identifies authorized weapons These type incidents will be investigated jointly by and specifications for there carrying and the Police Department and the Fire Department. deployment. The department's "Bomb" Tech. should be called to deal with these situations. training 3 (continued t'rom pg. 2) (From American Police Beat, a magazine for cops) Crime Scene Sketching 9 ways not to open a report The final phase in documenting the scene is making 1. It was the best of times, it was the worst of times ... a crime scene sketch. The drawback of photographs is that they are two-dimensional representations of 2. The names contained in this report have been three-dimensional objects. As a result, most changed to protect the innocent... photographs can distort the spatial relationships of the photographed objects causing items to appear 3. The mayor then made an illegal left hand turn onto closer together or farther apart than they actually are. Mulraney at which point I opened fire... If spatial relationships of the evidence are important or if something needs to have proportional 4. Before I get into the details, I've got a few"shout- measurements included in it for calculations (such as outs" for my homeys in the command staff... bullet trajectory angles, accident reconstructions, etc.) then a sketch must be made of the crime scene. 5. It was so dark and wet that night you could almost A sketch is usually made of the scene as if one is eat the mist. The radio call penetrated the eerie silence looking straight down (overhead sketch) or straight ahead (elevation sketch) at a crime scene. A rough with such piercing intensity that for a moment, I was sketch at the scene is usually made first on graph sure I'd lost my mind... paper in pencil with so many squares representing s9 6. Got call. Responded. Arrested bad guy. The end. many feet or inches. Using a tape measure or other measuring devices, measurements are taken at 7. Mye pertnar an eye wher on petrol wen we seen a crime scene of the distances between objects and/or man act suspishushly... structures at the crime scene. These measurements are proportionally reduced on the rough sketch and 8. The suspect then tried to assault me by repeatedly the objects are drawn in. Two measurements taken slamming his face into my fist... at right angles to each other or from two reference points will usually suffice in placing the objects where 9. A long time ago, in a galaxy far, far away... they belong in a sketch. A final sketch can be made later using inks, paper, and ruler, or a computer. The original rough sketch should be retained and preserved in case it is needed at a later date. Once the scene has been thoroughly documented then the evidence collection can commence. This and That There have been requests for additional firearms training time. To meet this request we will re-institute a past practice of making a range and firearms instructor available to officers once a month. This training will be on the 2nd SRT range day each month. A firearms instructor (Sgt. Heick or Officer Nixon) will be available at the designated range for 1.5 - 2 hours. The firearm instructor will determine the course of fire, Hours will be arranged prior to SRT beginning their firearms training, Officers may use their monthly ammo allocation and/or bring additional ammo of their own. This is a voluntary program; NO OT will be authorized. We need to have at least 3 off-duty personnel signed up by the Friday before the scheduled range date. On duty personnel may attend AT THE DISCRETION OF THEIR WATCH SUPERVISOR. The first scheduled date is Nov. 29th. Forward your notice to attend to me by 15:00 on 11/24. When you are required to purchase gas while attending a training session, the receipt MUST be forwarded in order to be reimbursed for the purchase. This includes paying for gas out of a travel advance. Failure to submit a receipt may result in denial of reimbursement. To listen well is as powerful means of communication and influence as to talk well. John Marshall training 4 · · :, .,,¥A IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01 -21 DATE: Oct. 1st, 2000 TO: Commanders (All Sworn) FROM: k. hurd SUBJECT: Supplemental Accident Reports This weeks' watch training deals with the use of the DOT supplemental accident report. In particular the video details when officers are required to complete a supplemental accident report, how it is to be completed and where to find the required information. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 0i-10 Supplemental Accident Report Scenario - A Clear Creek/Amana school bus stops for a red light. An Iowa City Community School district bus bumps the rear of the Clear Creek bus. There are no injuries and approx. $2500 of damage. The Clear Creek Bus is owned by the school district. The Iowa City School bus is owned/operated by Ryder Student Transportation. Critical Issues - What forms need to be filled out? For which vehicle(s) does a supplemental accident report need to be filled out? How do I correctly fill out the form? Discussion - The attached video details when and how to correctly fill out a Supplemental Truck and Bus Accident Report. In the above scenario a supplemental report would need to be filled out for the Iowa City school bus, as it is owned and operated by Ryder Student Transportation, a private carrier. If Clear Creek/Amana school district owns/operates its own bus system, a report would not be needed as the school district is a governmental agency, which is exempted from the supplemental report requirements. ;--: ' '.~ VEHICLE INFORMATION G. Gross Vehicle Weight Rating 1 Iowa Departme_nt ,of Trans ~l~o~,atl~l~t i, ? lbs. Power Unit ' lbs. Trailer Iowa Supplemental Truck & Bus , lbs. Trailer Accident R'gport :~ ~ H. Axles on Vehicles: (Including Trailers) When to use form - answers to questions below determine use. Did this accident involve: I. Hazardous Material Involvement Did vehicle have haz mat placard? [] Yes [] No 1. Truck with at least 2 axles 6 tires or any size vehicle with haz 2. From placard or shipping gaper, indicate 4-digit UN or mat placard? [] Yes [] NO NA number or hazard cla~,; name: 2. Bus with seats for 16 or more people, including driver? 3. One digit number from bottom of placard, if shown: [] Yes [] No 4. Was hazardous material released? (Don't count fuel from If Response To Both Questions Above ls "No," Do Not 'Fill Out Form, fueltank) [] Yes [] No ACCIDENT INFORMATION J. Vehicle Configuration l.[] Bus A-I. Carriers Identification Numbers 2. [] Single-unit vehicle: 2 axle, A tires U.S. DOT ICC MC g 3. [] Single-unit truck: 2 axle, 6 tires &-2. Carrier's Name 4. [] Single-unit truck: 3 or more axles 5. [] Truck/trailer Source: I. [] Vehlele Marking 6. [] Truck tractor (bobtail) 2. [] Shipping Paper 7. [] Tractor/semi-trailer 3. [] Driver 8. [] Tractor/doubles 9. [] Unknown heavy truck \-3. Carrier's Address K. Cargo Body Type 2. [] Van/enclosed box B. Date of Accident ~ton~h Day / Year 3. [] Cargo tank 4. [] Flatbed C. Time of Accident: [] AM [] PM 5. [] Dump T)-[. Accident Location: (Number/Name of Highway~Street) 8. [] Garbage/refuse 9. [] Other D 2. Township/City L. Sequence of Events: (for this vehicle) )-3. County 2 3 4 Ran off road 2 3 4 Jacknife t-I. Truck or Bus Driver's Name 2 3 4 Overturn 2 3 4 Downhill runaway 2 3 4 Explosiofior fire t-2 Driver's License Number: 2 3 4 Separation of units ~ -3 State: 2 3 4 Collision involving pedestrian 2 3 :1 Collision involving motor vehicle in transport 2 3 4 Collision involving parked motor vehicle F. ~Vas any vehicle towed as a result of damage received? [] Yes [] No 2 3 4 Collision involving train 2 3 ~1 Collision involving pedalcycle 2 3 4 Collision involving animal 2 3 a Collision involving fixed object 2 3 4 Collision involving other object 2 3 a Other GENERAL INSTRUCTIONS WHEN TO USE FORM: Only if accident meets both of the following criteria: f-, [ · The accident involved a trUck with at least two axles and six tires or a hazardous..~.~, material~,;,,, pla~ar~! ~[gbus designe~ to carry mors than 16 passengers, including driver. ~[~[i'; i~ ~ - I ~:~ ~ ~ng_~gl~ortable under thc WHAT TO FILL OUT: Complete all questions on form for any accident that qualif~-::aS conditions above. 6~^ ,~ ~ '~",: · Single truck or bus aeeid_ents - Complete all questions. · Multiple truck or bus accidents - If more than one truck or bus was involved in the accident, complete all questions in the right hand column plus questions A-C and E on a second form (and third or more, if needed). On each additional supplemental form enter the report number followed by A for the first vehicle, the report number followed by B for the second vehicle, etc. DATA ELEMENT INSTRUCTIONS ACCIDENT INFORMATION A. Carrier's Identification: 1. Carrier's identification numbers - Enter the US DOT and ICC MC numbers, ff the carrier has such numbers. 22 Carrier's name - Enter the name of the motor carrier company from the first available source (vehicle marking, shipping papers, or driver) and check the appropriate box on the form. 3. Carrier's address - Enter carrier's principle place of business. B. Date of Accident: Enter month, day, and year. C. Time of Accident: Enter hours, minutes; then check "AM" or "PM." D. Location: Enter number or name of highway or street, township or city, county, and state where accident occurred. E. Driver's Identification: Enter truck or bus driver's name, driver's license number, and state of issue. F. Vehicle Towaway: Check appropriate space. VEHICLE INFORMATION G. Gross Vehicle Weight Rating: Enter rating separated out by unit. This rating should appear on the vehicle manufacturer's tag. H. Total Number of Axles on Vehicle: Enter the total number of axles on the truck or bus. lnclude the axles on truck semi-trailers and trailers. I. Hazardous Material Involvement: 1. Respond by checking "Yes" or "No" - IF THE ANSWER IS "NO" DO NOT COMPLETE #2 and #3. 2. Enter the 4-digit number OR the hazard class name from either the placard OR Shipping paper. 3. If the placard shows a one-digit number on the bottom, enter that number here. 4. Respond by checking "Yes" or "No." J. Vehicle Configuration: Check appropriate box. K. Cargo Body Type: Check appropriate box. L. Sequence of Accident Events: (Enter information only for the truck or bus in question.) Circle one to four events that happened to the truck or bus that is the subject of this report. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-24 DATE: Oct. 9th, 2000 TO: Commanders (All Sworn) FROM: k. hurd SUBJECT: VVT 00-17 HAZMAT This weeks watch training deals with considerations in a motor vehicle crash involving a HAZMAT. We can best assist the fire department and HAZMAT team by identifying the material and securing / clearing the area to the extent possible. The fire department will have primary responsibility in these type situations, investigation of the related accident will need to wait until the situation is stabilized. Cc: Chief Winkelhake Capt. Hamey Capt, Widmer Watch Training 00-17 '-! · --'~- ? HAZMAT Scenario - You respond to the scene of a tractor-trailer in a ditch. Upo/n iyour a~rri~alsyou observe the tractor in the ditch ~hed ~dPee~)~leY}anr~kO~trta~erg~yT~e~ee~.~;~l~ ~iT~h.~ a liquid visible, running down fire. Critical Issues - As the first responding officer with only the above information would you attempt to assist the lying on the ground? Pros/Cons What would be your primary concerns? In this case your safety should be a primary concern. You need to ensure that your actions do not add to the problem. If you go down, you have created an additional rescue problem and deleted available personnel. Where should you park? (upwind/uphill) Are there signs that this is a Hazmat incident? Is the truck placarded, is it labeled? If so what do they signify? Where is your DOT Emergency Response Guide? Is there significance to the person lying on the ground? If the person on the ground were someone other than the driver, the Ist responding officer should attempt to locate the driver. If located he/she should be able to provide shipping papers, or information that would identify the contents of the tank. What steps should you take? To the extent possible you need to isolate and deny entry in to the area. Additional units will need to create a perimeter. The responding units should be advised that this is potentially a Hazmat incident so they can adjust their response accordingly. In Hazmat incidents, a watch supervisor needs to be notified. The ICFD needs to be notified. They will make the determination as to the call out of the Johnson Connty Hazmat team. The ICFD will designate an incident commander for the situation. Investigation of the accident is secondary to controlling the HazMat problem and would have to wait until the situation is stabilized and a determination is made that it is safe for the officer(s) to enter the immediate area. The responding ambulance needs to be advised this is potentially a Hazmat incident so they can make a staging or entry decision. Discussion - Once a determination is made that this is a Hazmat incident, Hazmat personnel will have command of the scene. The ICPD will designate a person to serve as liaison with the team. If an evacuation is warranted how large of area needs to be evacuated? This will be determined by the Hazmat official in charge of the incident, but it will be at least the size recommended in the DOT manual. Downwind areas need to be evacuated first. A decision as to entry/reentry to the area will be made by Hazmat command. Until advised, entry should be denied to non-emergency personnel. While they idea of not immediately attempting to rescue the person lying on the ground may be counter to your instincts, your entry in to a hazmat area would very possibly add to the problem. We am not equipped with any equipment that would protect you from hazardous materials. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-'25 DATE: Oct. 23rd, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: WT 00-13 Diplomatic Immunity This weeks watch training deals with foreign nationals and diplomatic immunity. The included tape runs for approx. 20 minutes. If there are questions about the information, further information is available in the blue notebook in the WC office or in the training office. Cc: Chief Winkelhake Capt. Harney Capt, Widmer Diplomatic Immunity Scenario - While on routine patrol you stop a car for a traffic~.yiolatign, ..Upon approaching the vehicle you detect an odor of alcohol and ask th&:driver 'tg:~it the vehicle. The operator prowdes a drivers, hcense and then tells y~t~ 'that h;r :fat~'~i~ 49, a diplomat from Aissur, and that she has diplomatic immunity. Critical Issues - How can you confirm if a person has diplomatic immunity7 To what extent does the immunity go, i.e. can they be cited? How should I proceed? What should be done with the vehicle? Discussion - Thc associated video covers interactions with foreign nationals. Ref. the issues listed above, the best place to begin the check for possible immunity would be the persons identification provided by the Department of State. The information on this card should be confirmed with the Dept. of State for thc current status. In addition if the person does not have an identification card, the Dept. of State will be able to advise the extent of any immunity. Also, thc DePt. of State will be able to advise of any restrictions on thc immunity, i.e. it may only be while in the performance of their duties. In the above scenario, if thc operator was covered by diplomatic immunity, she could not be compelled to submit to a breatldchemical test or arrested for OWI. The officer would be responsible for transporting the subject to a safe location. Because of her immunity, the subject nor her possession or her vehicle could be searched and thc vehicle could not be impounded. The officer could move the vehicle or have the vehicle towed to a safe location but it could not be impounded. As with all foreign nationals, the person has a right to contact their embassy when being detained by the police. There is a booklet containing further information about diplomatic immunity and containing contact numbers in the watch commanders and training office. IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-26 DATE: Oct. 30th, 2000 TO: Commanders (All Sworn) FROM: k. hurd SUBJECT: WT 00-16 10-50 PI This weeks watch training deals with considerations when there is a 10-50 PI. What factors should an officer Consider? When should a TI or Reconstructionist be ,called to the scene? In this scenario there is a likelihood of city liability. In these cases a person trained at least through the level of TI needs to be called to , the scene. Cc: Chief Winkelhake Capt, Hamey Capt. Widmer Watch Training 00-16 . 10-50 PI - Scenario - You are dispatched PI at a major intersection just p~¢'~.16 ~ l{ehVyS~/~it~c period. Upon your arrival you learn that it is a car / pedestrian accident. There are distinct tire marks leading from before the intersection up to the point of the involved vehicle. The pedestrian is seriously injured and unable to provide any information. The intersection is restricted due to ongoing repair of water main. The driver states that the pedestrian stepped out from behind a large construction notice sign in the intersection. After aiding the pedestrian you... Critical Issues - (supervisor have an officer identify) What actions should the assigned unit initiate? What are the priorities that exist in this situation? What notifications need to be made? What reporting requirements exist? Discussion - A decision on routing the impending traffic surge needs to be made. Does the entire street need to be closed and all traffic rerouted? Will closing part of the roadway adequately protect the scene and allow traffic to flow through the intersection in a restricted manner? What type of warning will approaching traffic need. Is there sufficient manpower to handle the traffic situation or arrangements need to be made for assistance from outside departments, agencies or off-duty personnel? In the above incident an accident reconstructionist needs to be called to the scene. G/O 99-09, Vehicle Crashes, contains the following requirements; Fatality or Serious Injury Crash. A motor vehicle crash resulting in a fatality or serious injury likely to lead to a fatality will be investigated as thoroughly as possible. An accident investigator trained through the level of Reconstructionist will be called to the scene. The order further states; In any instance that there is a likelihood of city liability, a person trained through the technical level of accident investigation should be called to the scene. In the above scenario it you can reasonably anticipate that the city will be involved in some type of litigation relating to the repairs being made and the drivers statement that the pedestrian stepped out from behind the sign. I.e. was the sign placed properly? In addition to the traditional state accident report the technical investigator will complete a report. These reports need to be forwarded pursuant too G/O 99-09: In this instance, a copy of the state accident report and any technical investigative reports will be forwarded to the Commander of Field Operations or his/her designee. Fie/she will forward the reports to the City Attorney's Office and to other city departments as requested. Racial Profiling: The Civil Riqht's Issue of the New Millennium Sgt. Sid Jackson Iowa City Police Department Iowa City, Iowa 103rd Administrative Officers Course Southern Police Institute University of Louisville JA 576 Managing Organizational Performance Dr. William F. Walsh TABLE OF CONTENTS INTRODUCTION .................................................................................................. 3 LITERATURE REVIEW ........................................................................................ 6 RECOMMENDATIONS ........................................................................................ 9 CONCLUSION ................................................................................................... 15 REFERENCES ................................................................................................... 16 INTRODUCTION F' ', "~ ' -- ~ .-~- The most recent controversy challenging law enforcement agencies ! nationwide is racial profiling. Racial or ethnic profiling is also known as ~riving~ While Black" (DWB) or "Driving While Brown (Russell999)" as in the case of Hispanic drivers. According to a recent Gallup Poll Social Audit on Black/VVhite Relations in the U.S., 59% of a sample of national adults aged 18 and older feel racial profiling is widespread (Gallup 1999). Eight-one percent say they disapprove of the practice. Racial or ethnic profiling is based on a faulty premise that minorities commit a majority of drug offenses (Zolper 1999). As an attempt to identify and arrest those people they believe are drug traffickers, some law enforcement agencies have allowed or encouraged their officers to use racial profiling to make traffic stops (VValsh 1999). Lawsuits are pending in several states where racial profiling was alleged to have occurred (ACLU 1998). Most of the evidence indicating the existence of racial profiling is anecdotal. Celebrities, athletes, and some prominent citizens have come forward with stories of being stopped by police or law enforcement officers for no apparent reason other than they were African-American. Minorities who claim they were pulled over because of their race have filed lawsuits. As well, the American Civil Liberties Union has established a web site to help people who feel they have been victims of racial profiling. The State of New Jersey entered into a consent decree with the U.S. Justice Department concerning racial profiling conducted by the New Jersey Division of State Police. The New Jersey Attorney General's Office admitted racial profiling in traffic stops is "real, not imagined" (Farmer 1999). Th~ superintendent of the New Jersey State Police was fired over racially ~ns_eC~s~t~ve remarks he made about racial profiling. In Iowa City, there are community members that feel the town is one of the most educated and diverse communities in the State of Iowa. Iowa City is a Big Ten University community of approximately 60,000 people in a state that overall is not ethnically diverse to any significant degree. Iowa City is located in Johnson County, which has a total population of about 102,000 people. The1990 census indicated the largest ethnic group in Iowa City was Asian with around 3,700 people. In the last five years Iowa City, Iowa has seen an increase in Hispanic residents, currently estimated at 670 people, and African-Americans, which number approximately 1,700 people. The percentages are expected to increase for Hispanics and African-Americans in the upcoming U.S. Census. The Iowa City Police Department is also somewhat representational of the local population in its lack of ethnic diversity. There is one Hispanic officer and two African-American officers who are sworn officers (75 total) in the Iowa City Police Department. During the past five years, the Iowa City Police Department has observed an increase in criminal street gang related activity. Several local gang-affiliated individuals have ties to Chicago-based criminal street gangs and have been involved in the sale and distribution of crack cocaine. These individuals have also been linked to two shootings in the Broadway Street and Taylor Street neighborhood. This problem severely affected the quality of life in Pepperwood area of Iowa City. Iowa City Police Chief R. J. Winkelhake responded to the problem by creating a gang investigation team in 1992 which was followed by the creation of a street crimes unit in 1997. In addition to the creation of these special units, all members of the Iowa City Police Department have received training in gang identification as well as training in cultural and ethnic diversity. The goal of the special units has been to concentrate on the crime and problems associated with criminal street gangs. The members of these units have used aggressive tactics to address the problems affecting the quality of life for community members living in areas that have experienced gang related problems. The current administration of the Iowa City Police Department has maintained the attitude that gangs are a community problem requiring more than just a police response. As a result, the problem should be addressed by the many different segments of the community. We have worked with the Iowa City business community, the Iowa City Public School District, the University of Iowa, University of Iowa Hospital and Clinics, the 6th Judicial District Corrections Department, 6th Judicial District Juvenile Court, State of Iowa Department of Social Services, and other public and private organizations. Along with the problems associated with criminal street gangs have come accusations that officers of the Iowa City Police Department unfairly target African-Americans and people of Hispanic descent. The purpose of this research is to advance the Iowa City Police Department's awareness and understanding of the racial profiling issue, "Driving While Black/Brown." I will discuss what We-have done to address the perception any member of the Iowa City Police Dep.artm'ent~'~ engages in profiling. The perception that racial profiling is happening in Iowa City is more real than any actual incident. The community needs to be assured the Iowa City Police Department does not engage in the practice of racial profiling. The Iowa City Police Department does not tolerate ethnic profiling by any member or representative of the department. Iowa City Police officers have an obligation to show their commitment to unbiased and ethical law enforcement. This paper will also present a number of ways to further place the Iowa City Police Department in the fore front to guard against anyone in the community being the victim of racial profiling. LITERATURE REVIEW The issue of profiling began when the war on drugs was escalated under the Reagan-Bush Administration in 1982. (ACLU)The Drug Enforcement Agency (DEA) developed informal criteria to identify drug couriers in airports. Law enforcement agencies across the country started to develop their own drug courier profiles to aid in their attempts to fight the war on drugs. Those agencies tasked with enforcing motor vehicle laws also used minor traffic violations in some instances to develop probable cause to conduct vehicle searches. In Whren v. U.S. (1996), the U.S. Supreme Court affirmed the use of pretext traffic stops. The Whren court ruled that any traffic offense was a legitimate legal basis for a stop, regardless of the officer's subjective state of mind. The court "agreed that the Constitution prohibits selective enforcement of the law based on considerations such as race. But the constitutional basis for objecting to-- ; ..... intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment. Subjective intentions play no role in ordinary, probable- cause Fourth Amendment analysis." Furthermore, the Supreme Court has considered drug courier profiles in U.S.v. Sokolow (1989) and did not find them to be necessarily unreasonable. The Courts decisions in these two cases had a major impact on the way officers went about attacking the drug trafficking problem in this country. Prior to the 1996 Whren decision, the Ninth U.S. Circuit Court along three other Federal Circuit Courts used the reasonable officer standard to judge the constitutionality of traffic stops. Officers could not stop a vehicle on just a minor traffic violation with the intent to develop probable cause to make an arrest (Brast 1997). The Whren decision changed that. The Court established the objective officer standard by which traffic stops are now judged. The argument made by appellant in Whren was there are many obscure traffic laws and drivers unknowingly violate those laws giving police officers the reason to make traffic stop to develop probable cause. There is currently legislation pending in the United State House of Representatives and the U.S. Senate directing the U.S. Attorney General to conduct a study of stops for traffic violations by law enforcement officers (U.S.H.R.1443 & S821 ). A host of states have pending legislation mandating the collection of traffic stop data, Pennsylvania, Illinois, Maryland, Massachusetts, New Jersey, Florida, Rhode Island, Michigan, Tennessee, Arkansas, and Texas (ACLU). The International Association of Chiefs of Police currently opposes legislation to require the collection of traffic stop data. There is denial from seme~ police administrators and officers that profiling is not really the issue. The feeling is officers are being penalized for good aggressive police work (Whitlock 1999). They attribute the problem, the few isolated incidents to a few bad officers. There have been well-publicized incidents in the national media that have helped spark the recent push to end what the ACLU labels as being "pervasive" in law enforcement. Some of the evidence indicating the existence of racial profiling is anecdotal in nature. Celebrities, athletes, and some prominent citizens have come forward with stories of being stopped by police or law enforcement officers for no apparent reason other than they were African-American. There have been African-American Armed Forces members (ACLU) and law enforcement officers claiming they were victims of racial profiling. The most recent story is a North Carolina State trooper who was stopped while off-duty and driving in Jacksonville, North Carolina. The officer said while driving off-duty, he was stopped randomly. The officer said he was ordered out his car at gunpoint even though he quickly pulled over. The officers that stopped him said he was speeding. He filed a lawsuit after the city failed to respond to his complaint (Associated Press 2000). Many of the stories related to the courts and media stem from aggressive police work. The officers involved are attempting to fight crime. Their goal is to find those people involved in criminal activity by using pretext stops. The officers are truly dedicated to arresting people who traffic drugs and weapons. Unfortunately the crime fighting efforts of a few are having a negative eff~c~on'. ' the relationship between law enforcement and the Hispanic and Africar~-' American communities. "The Supreme Court decided in Whren that pretext stops are constitutional, but the stops may be more detrimental than beneficial to effective police operations." (Miliazzo 1999) The more the issue of racial profiling is raised in the media, the more suspicion it places on law enforcement. Is the negative effect it is having on law enforcement worth it? Law enforcement agencies will be have to take corrective action to end the practice if it exist within their departments. Police leaders will have to reassure the public they are dedicated to fair and ethical enforcement of the law. The most effective way to address this issue is at a local level. RECOMMENDATIONS The Iowa City Police Department is aware of the issue of racial profiling. We, the Iowa City Police, are not so na'fve to think racial profiling does not exist as some police professionals contend (Cheeves 2000). We recognize the effect it can have on the public's confidence in us. We also recognize the detrimental effect it can have on the officers patrolling the streets of the community. Fortunately we have not been totally unprepared to deal with the issue of racial profiling. What are we doin.q? Collection of traffic stop data The Iowa City Police Department currently collects the driver data from every traffic stop. Presently the data being collected is the race and gender of the driver along with what action was taken~--warning or citation. The information is given to the communication personnel to be entered into the disposition data field in the computer-aided dispatch (CAD) system. The officers acquire this data from the personal information on the driver's license. The information is permanently attached to the traffic stop information entered into the CAD system. The officers can also enter the information into the call screen on their mobile data computers. Videotaping traffic stops All marked patrol cars have video cameras permanently mounted on the dashboard. One of the reasons officers' record their traffic stops is to protect themselves from allegations of misconduct. Currently, a video produced by Lt. Matt Johnson and the City of Iowa City media department is being played on public access television. The video explains Iowa City Police traffic stop procedures to citizens. 10 Cultural diversity training The last two years, members of the department have received cultural diversity training during in-service training. They have also received citywide training, which was sponsored by the Human Relations Department. Training in cultural issues has historically been incorporated into the in-service training officers receive yearly. What more can we do? Data Collection Currently we are only capturing driver data for traffic stops. I propose we also start collecting other information concerning the stop. We should also collect: ~ · · The alleged violation prompting the stop, , · Whether there was a search, · What (if anything) was searched, · The legal basis for any search, ~.~? · Whether any contraband was found, '~ " · Whether an arrest was made, · Whether any property was seized, · Whether there was any physical resistance by the driver or passengers, · Whether any officer used force in connection with the stop, · Whether any injuries resulted from the stop, and · Whether the stop was related to an investigation The collection of this data could be accomplished using the mobile data computers, which are being deployed in all marked patrol cars. A form to collect the data would be completed by the officer in the field and transmitted for storage on the police department computer server for later analysis. The information would be analyzed to see if there are trends in enforcement and also to make sure no trends do develop. Post information on web site Once the data has been collected and analyzed it should be posted on the police department's Internet web site. The public would then be able to examine the data. The information posted on the web site would show year-to-date totals of traffic stops made by officers. The information would include the gender and race of the driver. The action taken, traffic ticket or warning, would also appear. The purpose would be to ease public concern and show we have nothing to hide. The information would not list the officers individually to protect them from feeling overly self-conscious about the enforcement action they exercise. Utilize minority leaders within community When the police department conducted gang training for the staff and officers of the department, African-American community members were asked to participate in an open forum. The training was in 1995. It is time to invite them back to ask for any criticism or input about the way the department interacts with the African-American community. We should also have a dialog with Asian and Hispanic members of the community. 12 Customer service survey Captain Tom Widmer has conducted two customer surveys in 1995 and 1999. Both surveys indicated the Iowa City Police Department was viewed positively by those responding. The survey should be done yearly to measure community satisfaction with police services in Iowa City. The survey would be one measure by which to judge the public perception of the Iowa City Police Department and its service delivery. This would be a means to measure community satisfaction. The survey should be validated to make certain it is a reliable measure. The police department could make inquiries to a University of Iowa professor or instructor that teaches statistical analysis for guidance. Policy Review The Iowa City Police Department should consider the permanent establishment of a committee to review the videotapes. The committee would consist of members of the command staff, first line supervisors, and officers. I would also recommend an attorney from the city legal department. We should also consider a private citizen to be a member of the committee. The committee would review the tapes periodically to make suggestions for policy or training issues. They would act as an advisory committee not as a disciplinary board. Cost There will cost associated with three of the proposed recommendations. The department would have to make funds available for software changes to facilitate the additional data. The posting of the data on the department web site would also be an added nominal expense. The customer satisfaction survey would most likely be the costliest of the recommendations. Captain Widmer conducted the first surveys on his own time with minimal assistance. I propose the department allocate the funds necessary on materials, support staff, and research design to make the customer satisfaction survey one of the ways the Iowa City Police Department measures citizen approval or disapproval. Evaluation :~; There are two things that need to be evaluated, the data collected from the traffic stops and the community perception of the police traffic enforcement. The importance of the customer service surveys to the department was discussed earlier. The data gathered from the traffic stops would be used to develop an early warning system. A system designed to help the police managers monitor the enforcement action of the officers. The analyzed data will give them a tool to address potential problem officers. The data could also identify those officers who are effective in their traffic enforcement activities. 14 CONCLUSION Racial profiling is an important social issue facing law enforcement today. There is real and anecdotal evidence to suggest it occurs around the country. To date there have been no substantiated racial profiling complaints in Iowa City, Iowa. Unfortunately, the lack of a substantiated complaint does not mean the public feels racial profiling does not occur in this community. The Iowa City Police Department has to demonstrate, in word and action, our commitment to ethical and unbiased law enforcement for all members of the community. tS REFERENCES 1. Bast, Carol. Driving While Black: Stopping Motorist on a Subterfuge, Criminal Law Bulletin, Volume 33; September/October 1997 at pp. 457-486 2. Cheeves, John; Bill Would Document racial profiling in Kentucky: Police would collect data on traffic stops, Lexington Herald-Leader, February 9, 2000 3. Deval Patrick, Have Americans Forgotten Who They Are?, Los Angeles Time, Sept. 2, 1996, at P. B5 4. Farmer, John J. Jr.; Zoubek, Paul H., Final Report of the State Police Review. Team regarding allegations of racial profiling, New Jersey Attorney G~eral'~ i Office 1999 .... ,--., 5. Harris, David. Driving While Black: Racial Profiling On Our Nation's Highways. American Civil Liberties Union Special Report, June 1999/' Retrieved February 19, 2000 from the World Wide Web: , ~, :. - -;, .- , http:/Iwww.aclu.org/profiling/report/index.html 6. H.R. 1443, Traffic Stops Study Act of 2000, U.S. House of Reps. 7. Milazzo, C. & Hansen, Ron. Racial Relations in Police Operations: A Legal and Ethical Perspective. Originally presented at the 106th Annual Conference International Association of Chiefs of Police, Charlotte, North Carolina, October 30- November 3, 1999, updated for the Conference of Arizona Chiefs of Police, February 23, 2000. Retrieved February 23, 2000 from the World Wide Web: http://aele.org/Iosrac99.html 8. N.C. Trooper Claims Racial Profiling, Associated Press Online, 03-04-2000. Retrieved April 11,2000 from the World Wide Web; http://epnet.com 9. Newport, Frank, Racial Profiling is Seen as Widespread, Particularly Among Young Black Men Gallup News Service, December 9, 1999 10. Russell, Kathryn K; "Driving While Black": Corollary Phenomena and Collateral Consequences, 40 Boston College Law Review 717, May 1999 11. S821, Traffic Stops Study Act of 2000, U.S. Senate 12. Sharpe, Brian, Police Offer Traffic Information, The Iowa City Press-Citizen 03-29-00 at P. A01 13. United States v. Sokolow, 490 U.S. 1 109 S. Ct. 1581 (1989) ]6 14.Voegtlin, Gene R., "Busy Year Ahead for Law Enforcement Legislation" Police Chief 02/03/2000 15.Walsh, Edward, The Racial Issue Looming in the Rear-View Mirror; Activists Seek Data on Po/ice 'Profiling'. The Washington Post, 05-19-1999, at p. A03. 16.Whitlock, Craig, Prince George's Traffic Stops Mount; Push to Check for Drugs, Guns Has Some Feeling Harassed., The Washington Post, 06-04- 1999, at P. B01 17.Whren v U.S.517 U.S. 806, 116 S.Ct. 1769(1996) 18.Zolper, Thomas / The Record, 'Bibles of drug enforcement' may feed stereotypes about identifying dealers Reports are linked to allegations that NJ police target minority motorists., The Dallas Morning News, 04-23-1999, at p. 11A.