HomeMy WebLinkAbout12-12-2000 General Orders LEG-02.1
ARRESTS
Date of Issue General Order Number
October 11, 1999 99-11
Effective Date Section Code
October 15, 1999 LEG - 02
Reevaluation Date Amends / Cancels
October 2001
C.A.L.E.A. Reference
1.2.5, 1.2.6, t .2.7
INDEX AS:
Use of Force Arrests c~
Citations Discretion ~:-: ,'~-
Prisoner Transport Domestic Abuse ,
I. PURPOSE ::.:! ~ ~-> ,
The purpose of this policy is to explain the procedures to be used when a person
is arrested by members of the Iowa City Police Department.
II. POLICY
It is the policy of the Iowa City Police Department to conform with statutory and judicial
requirements pertaining to arrests. The decision to arrest will be based on the facts
surrounding the incident. Officers are to use the least restrictive, reasonable method to
accomplish their goal.
LEG-02.2
III. DEFINITIONS
Iowa Code Section 804.5 is as follows:
Arrest defined.
Arrest is the taking of a person into custody when and in the manner authorized
by law, including restraint of the person or the person's submission to custody.
IV. PROCEDURES
ARREST WITHOUT A WARRANT
Authorization to arrest is contained in section 804.7 of the Code of Iowa. A
Peace Officer is authorized to make an arrest without a warrant under the
following conditions. - '
A peace officer may make an arrest in obedience to a warrant delivered to the
peace officer, and without a warrant:
A. For a public offense committed or attempted in the peace officer's presence.
B. Where a public offense has in fact been committed, and the peace officer
has reasonable ground for believing that the person to be arrested has
committed it.
C. Where the peace officer has reasonable ground for believing that an
indictable public offense has been committed and has reasonable ground for
believing that the person to be arrested has committed it.
D. Where the peace officer has received from the department of public safety, or
from any other peace officer of this state or any other state or the United
States an official communication by bulletin, radio, telegraph, telephone, or
otherwise, informing the peace officer that a warrant has been issued and is
being held for the arrest of the person to be arrested on a designated charge.
~:E. If the peace officer has reasonable grounds for believing that domestic
ab~e, as defined in section 236.2, has occurred and has reasonable
%
" ~ ig._r~/~ds for believing that the person to be arrested has committed it
~ ~ ;, s required by section 236 12, subsection 2 (Domestic Abuse Assau
' - . It,1
__..: ..~ !~'Provisions)
L ?. ~
· -'~ TREATMENT OF PRISONERS
~ Innece~sia~ an arrest, officers will use only that amount of force reasonably
'-~ to effect the arrest. Prisoners shall be treated with appropriate
respect. Officers shall not physically mistreat or verbally harass any individual
that they have taken into custody. Medical treatment will be provided when the
arrestee is injured or complains of injury.
ARREST/CITATIONS
All persons charged for ~imple misdemeanors should be released on a promise
to appear in court at a"~"'pecified date and time, unless the officer has an
articulable reason for a physical arrest of the subject. (Juveniles shall be
handled in accordance wi~h departmental directires pertaining to juveniles.)
Considerations for a custodi~i"'arrest instead of a cite and release are included in
section 805.1 of'~he Code of Iowa.
Factors to be considered by the agencies in formulating the guidelines relating to
the issuanc, e, of citations for simple,,misdemeanors not governed by subsection 2,
LEG-02.3
Factors to be considered by the agencies in formulating the guidelines relating to
the issuance of citations for simple misdemeanors not governed by subsection 2,
shall include but shall not be limited to all of the following: (see 805.1(3)(b) Code
of Iowa)
A. Whether a person refuses or fails to produce means for a satisfactory
identification.
B. Whether a person refuses to sign the citation.
C. Whether detention appears reasonably necessary in order to halt a
continuing offense or disturbance or to prevent harm to a person or persons.
D. Whether a person appears to be under the influence of intoxicants or drugs
and no one is available to take custody of the person and be responsible for
the person's safety.
E. Whether a person has insufficient ties to the jurisdiction to assure that the
person will appear or it reasonably appears that there is a substantial
likelihood that the person will refuse to appear in response to a citation.
F. Whether a person has previously failed to appear in response to a citation or
after release on pretrial release guidelines.
Additional factors to be considered relating to the issuance of citations or other
offenses for which citations are authorized shall include but shall not be limited to
the following concerning the person. (see 805.1 (3)(c) Code of Iowa)
Additional factors to be considered in the formulation of guidelines~lating tO the
issuance of citations for other offenses for which citations are ad~li<~Frzed shall
include but shall not be limited to all of the following concerning the person:--::
A. Place and length of residence.
B. Family relationships.
C. References.
D. Present and past employment.
E. Criminal record.
F. Nature and circumstances of the alleged offense.
G. Other facts relevant to the likelihood of the person's response to a citation.
Even if a citation is issued, the officer may take the cited person to an
appropriate medical facility if it reasonably appears that the person needs
medical, care.
All persons arrested for simple misdemeanor traffic offenses should be released
on a uniform traffic citation, scheduled to appear in court on a specified date and
time, unless the officer has an articulable reason for the physical detention
instead of a traffic citation.
INDICTABLE ARRESTS
All persons charged with a serious misdemeanor or above, shall be arrested and
transported to the Johnson County Jail, unless a supervisor approves of other
arrangements. The transport of prisoners shall comply with departmental
directives pertaining to prisoner transport.
LEG-02.4
TURN IN PROCESS
When arrangements have been made for a subject tO turn him/herself in at a
latter date, the charging officer shall:
A. notify the Emergency Communications Operator (ECO) of the date and time
that the person will turn him/herself in;
B. advise the ECO of the location of the charge(s);
C. fill out an arrest report as completely as possible and leave it with the
charge(s).
The arresting officer will advise the subject of the charge(s) against him/her and
transport him/her to the Johnson County Jail. The arresting officer shall
complete the arrest report and check for any un-served warrants. They shall
also record the name of the receiving officer on the arrest report.
ARREST WITH A WARRANT
Authority to arrest persons with a warrant is contained in Chapter 804 of the
Code of Iowa.
Section 804.6 of the Code of'Iowa is as follows:
Persons authorized to make an arrest.
An arrest pursuant to a warrant shall be made only by a peace officer; in other
cases, an arrest may be made by a peace officer or by a private person as
provided in this chapter.
Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a
warrant. It is as follows:
Where the peace officer has received from the department of public safety, or
from any other peace officer of this state or any other state or the United States
an official communication by bulletin, radio, telegraph, telephone, or otherwise,
Z.~informing the peace officer that a warrant has been issued and is being held for
.. ~5 the a/Test of the person to be arrested on a designated charge.
~--- "" SER~Z]CE OF ARREST WARRANTS
:: . :Z A~ When possible, the Department will attempt to serve a warrant within thirty
.~ (30) days of a warrant being received.
-- E~.-~rie~r to the service of the warrant an assessment of the risk factors as
"" ~fined in the SRT policies and procedure manual shall be made.
C. 'Warrants will be pdodtized as fellow:
1. warrants for persons known to be violent or potentially dangerous;
2. felony warrants
3. warrants for indictable offenses;
4. non-violent misdemeanor warrants.
D. The officer serving the warrant shall confirm that the warrant is still active and
the pickup limits of the warrant, pdor to service of the warrant.
_)
LEG-02.5
E. All warrants shall be served by sworn officers.
F. At least two (2) officers should be present when serving an arrest warrant.
G. Officers should activate their In Car Recording Device when serving the
warrant.
H. Officers shall notify the ECO of the pending action and its location. As
appropriate other area officers may be notified of the activity.
I. When notified by another agency that it will be serving a warrant in Iowa City,
a supervisor may send officers to assist in the serving of the warrant.
J. Upon arresting a subject on a warrant, the officer will transport the subject to
the Johnson County Jail unless otherwise specified.
K. Prior to serving a warrant outside the corporate limits of Iowa City the officer
shall:
1. obtain the permission of a watch supervisor;
2. advise the ECO of the action;
3. contact the local agency with jurisdiction and request the presence of a
local officer during the arrest.
USE OF FORCE IN MAKING AN ARREST
Section 804.8 of the Code of Iowa defines the limits of the force, which may be
used when making an arrest. In addition, members of the Iowa City Police
Department shall be guided by departmental Use of Force directives when
executing an arrest. 804.8 is as follows:
USE OF FORCE BY PEACE OFFICER MAKING AN ARREST.
A peace officer, while making a lawful arrest, is justified in the use of any fome,
which the peace officer reasonably believes to be necessary to effect the arrest
or to defend any person from bodily harm while making the arrest. However, the
use of deadly force is only justified when a person cannot be captured any other
way and either
A. The person has used or threatened to use deadly force in comrn.~ff]ng a f~!ony
or :I C'~ : -
B. The peace officer reasonably believes the person would use deadly foroe'5~'
against any person unless immediately apprehended. : L.::
A peace officer making an arrest pursuant to an invalid warrant is justified-in
use of any force which the peace officer would be justified in using if ~b'e warran['
were valid, unless the peace officer knows that the warrant is invalid.-: '-
DISCRETION
The Iowa City Police Department recognizes that there are often alternatives to a
custodial arrest. Since it is impossible to anticipate every such circumstance in
which action should be taken, it shall be left to the officer at the scene to
determine the degree of intervention necessary. When making an arrest, officers
should use the least restrictive form necessary to obtain the desired objective.
A. It is unrealistic to expect officers to enforce all laws and ordinances,
regardless of the circumstances encountered. Officers must make the
decision to arrest, cite, warn, or use other alternatives, based on applicable
law and the circumstances of the particular incident.
LEG-02.6
B. Members of this department shall always act in accordance with the law and
departmental rules and regulations. When discretion is employed it must be (")
reaSOnable; defensible, and used to accomplish a police purpose.
R ~ Z~/z"//'/"' of Police
.. ~/~'elhake, Chief
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
,proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directlye will only form the basis for departmental
administrative sanctions.
SER-06.1
EVIDENCE AND
PROPERTY
HANDLING
PROCEDURES
Date of Issue ~ General Order Number
November 14, 2000 00-10
Effective Date
November 17, 2000 SER-06
Reevaluation Date
November 2001 NEW
C.A.L.E.A. Reference
84.1.1,84.1.2,84.1.3,84.1.4,84.1.5,84.1.6,
84.1.7
INDEX AS:
Search Vehicle Impounds
Seizure -
I. PURPOSE
The purpose of this order is to establish and explain procedures pe~taining?l
to evidence and property control. This will help ensure that evidence is
maintained in such a fashion as to be of value in any legal proceedings
and to aid in the return of property to its rightful owner.
II. POLICY
It is the policy of the Iowa City Police Department to maintain an inventory
system for property taken into custody by its employees. The Department will
comply with all applicable state and federal requirements for seized and forfeited
property.
SER-06.2
III. DEFINITIONS ('~
EVIDENCE.' Any property, regardless of its nature, that is taken by the
department as part of an investigation and which may be used for the
purposes of the investigation or in legal proceedings.
FORFEITABLE PROPERTY.' Any of the following:
A. Property which is illegally possessed.
B. Property which has been used or is intended to facilitate the
commission of a criminal offense or to avoid detection or apprehension
of a person committing a criminal offense.
C.Property which is acquired as or from the proceeds <~f a criminal
activity.
D.Property offered or given to another as an inducement for the
commission of a criminal offense.
FOUND PROPERTY: Any property, regardless of its nature, that has
been found by any person and is being held for safekeeping until the
owner can be identified.
'~'~ :~t~ECOVERED PROPERTY: Any property that has been identified as
['-'~i ~ !~ving been stolen (may also be classified as evidence).
::~ : -- "SEIZABLE PROPERTY: Any of the following:
i:2A: Property which is relevant in a criminal prosecution or investigation.
:': c~ Property defined by law to be forfeitable.
~!! Property which if not seized by the state, poses an imminent danger
to a person's health, safety or welfare.
Per Iowa Code Chapter 809
809.1 Definitions
1. "Seizable property" means any of the following:
a. Property which is relevant in a criminal prosecution or
investigation.
b. Property defined by law to be forfeitable property.
c. Property which if not seized by the state poses an imminent
danger to a person's health, safety, or welfare.
2. "Seized property" means property taken or held by any law
enforcement agency without the consent of the person, if any, who
had possession or a right to possession of the property at the time
it was taken into custody. Seized property does not include
property taken into custody solely for safekeeping purposes or
property taken into custody with the consent of the owner or the
person who had possession at the time of the taking. If consent to
the taking of property was given by the person in possession of the t
property and later withdrawn or found to be insufficient, the property 0
SER-06.3
shall then be returned or the property shall be deemed seized as of
the time of the demand and refusal.
3. The definitions contained in subsections 1 and 2 shall not apply to
violations of chapter 321.
809.2 Notice of seizure.
The officer taking possession of seized property shall make a written
inventory of the property and deliver a copy of the inventory to the person
from whom it was seized. The inventory shall include the name of the
person taking custody of the seized property, the date and time of the
seizure, and the law enforcement agency seizing the property.
SEIZED PROPERTY: Property taken or held by any law enforcement
agency without the consent of the person who had possession or a right to
possess the property at the time it was taken into custody.
CHAIN OF EVIDENCE: The continuity of the custody of physical
evidence, from the time of odginal collection to final disposition, that may
be introduced in a judicial proceeding.
IMPOUNDING OFFICER: The member of this agency who initially
receives the property and initiates the chain of custody.
PROPERTY CUSTODIAN: Agency member accountable for controlling
and maintaining all property accepted by or stored in the Department's
property room.
PHYSICAL EVIDENCE: Any substance or material found or recovered in
connection with a criminal investigation. .~ :
PROPERTY ROOM: Facilities used by this department to stor~::~;qd
secure evidence or property. :
IV. PROCEDURES '
Property held by the Iowa City Police Department will be regulated '¥nd
controlled by an organized management system. The Department's
property control function is under the direction of the Commander of
Administrative Services. A Property Custodian manages the daily
operations of the system. The Sgt. of Research & Development is
authorized to perform daily operation functions in the absence of the
property custodian.
All property under the control of the Iowa City Police Department will be
handled in a manner consistent with the property control guidelines
manual.
SER-06.4
Intake of Recovered and Seized Property --,
1. Utilizing proper evidence gathering, packaging and labeling
techniques, all items submitted as recovered or seized property will
be documented on the "Property Control Inventory". Blood kits are
the exception as they contain their own control inventory
documentation. This documentation will be completed prior to the
end of the submitting officers watch.
2. 'The submission and documentation of seized or recovered property
will be referred to in the incident report.
3. The submitted items will be accompanied by the original of the
"Property Control Inventory" and secured in one of the following
ways:
a) turned directly over to the Property Custodian,
b) placed in the evidence submission lockers, secured and the key
deposited in the designated secured box,
c) placed in the Records Sgt.'s office by a supervisor, or
d) as directed by the Property Custodian or Captain of
Administrative Services.
-'~e) in cases of c) or d), the odginal documentation will be left with
::-
-,the property and a copy will be directed towards the Property
Custodian advising them of the recovery/seizure and location
where it was stored.
'4. At .o time will property be left unsecured or stored in personal
i~ 5. areas, nor will it be converted for personal use.
D If evidence is collected which requires processing, the on duty
-~Watch Supervisor should assign an on-duty CST to process the
evidence. Upon completion of processing, the CST shall submit
the item and evidence to the property custodian in the prescribed
manner. If there is no cdme scene technician (CST) available or
the procedure is one which requires techniques not available
through the Iowa City Police Department, the evidence shall be
submitted along with the evidence form to the property custodian,
or deposited in a securable locker outside the property room.
6. If the evidence is to be sent to the Lab (for any reason), it will be
the officers responsibility to fill out the lab request sheet and submit
~ it to the Property Custodian with the evidence.
7. All items taken due to search, arrest or for safekeeping are required
to have receipts issued to the person it is taken from. This is most
efficiently handled with the "Property Control Inventory" form.
8. No hazardous substance shall be brought into the police
department.
9. All drugs must be weighed on a designated sca e and/or counted
prior to securing them in the evidence locker.
10.Weapons shall be secured to the extent possible prior to their
submission to the Property Custodian.
_)
SER-06.5
11. Undeveloped film shall be submitted along with the corresponding
CST sheet to the property custodian.
12.1f a vehicle is impounded because it is evidentiary in nature, a
property sheet shall be filled out in addition to the vehicle impound
report.
13.1f an item demands freezing or refrigeration, the item may be
packaged and turned directly over to the Property Custodian. If it is
not possible to directly turn the item over to the property custodian,
it may be sealed (in such a manner so as to detect tampering) and
placed into the police department refrigerator. The on-duty
supervisor shall be notified and notification passed on watch to
watch until the property custodian takes possession.
B. Intake of Found Property
1. All items (value over $5.00) found by or turned into Department
personnel will be recorded on a "Property Control Inventory" Sheet.
An exception to this is if the identified owner is located and the
property returned during the same watch, a call for service entry
may be made in the computer documenting the information. The
receiving person shall complete a property sheet for unclaimed
property prior to the end of their watch. There may be times that an
incident report is required to document circumstances involving
found property.
2. An attempt to contact the identifiable owner will be made and
documented on the front of the property sheet or in the report.
Property illegal to possess is excluded from this notification.
3. If no owner is identified, or the owner does not immediately
respond, the item will be submitted to the Property Custod!~n under
the following procedure:
a) attach the inventory sheet & report;
b) place in evidence locker; ~ -
c) after hours, larger items may be placed in the Records Sgt's.
office by a supervisor. -*:
d) Bicycles (see specific section) will be placed at the des. gnated'
secure area
4. Keys are the exception to the above rules. Keys will be placed in '
the box located by the "Records" window. However, keys will be
documented by entering them as a call for service with a brief
description. If they are claimed by an owner, a subsequent call for
service will be used to document the retrieval.
5. Items valued under $5, such as hats, gloves, coffee cups, and
obvious junk should not be received into the found property system.
Misplaced/lost items of this type should go to the information desk
or be discarded. No found or recovered items may be converted to
personal use.
SER-06.6
6. In the event the citizen who turns property over to the Police
Department expresses an interest in claiming the property should
no owner be found, the request will be noted and they will be
referred to the Johnson County Attorney. The "receipt" copy of the
property control form should be given to them as their record.
Rules for this type of claim are covered in Chapter 556F of the
Code of Iowa.
Bicycles
Because of the large number of found and recovered bicycles which
come in to the possession of the Iowa City Police Department, the
following procedures shall be adhered to.
1. Upon receipt of a bicycle, the departmental member shall fill out an
incident report in lieu of the departmental property form, paying
particular attention to the bicycle section of the report. If a serial
number or other designated information is not available, the person
taking custody of the bicycle will note this in addition to leaving this
section blank. In incidents where the bicycle was involved in a
'-':' motor vehicle accident, an accident report may be substituted for
,....>,, ~:. an incident report.
' :: "'~ 2. The bicycle shall then be transported to the departments secured
t,: ~- :- bike storage area. A tag shall then be attached to the bicycle with
: ,'- :.': the case number, date and name or number of the impounding
E~:: : . officer written on the tag. The number on the tag shall then be
· -.:.~
.. ~_~ :~: recorded on the incident or accident report.
',". .~::! 3. In incidents where the bike is evidentiary in nature, the person
:'--: taking custody shall note this on the incident/accident report and
tag. In these instances a property sheet shall also be filled out and
the property sheet submitted to the property custodian. A
photocopy of the property sheet shall be submitted with the incident
or accident report.
HAZARDOUS SUBSTANCES
A. Biological Hazards
;When collecting evidence which is biological in nature, officers should
remain minaful of the potential hazards which may be present. When
dealing with this type of evidence officers shall follow the applicable
precautions and/or procedures pertaining to blood borne pathogens.
When submitting items, which may be contaminated with a biohazard,
officers shall observe the following procedures. Property which posses
a potential biohazard but is not evidentiary shall be disposed of in an
approved manner, with documentation of the property and the manner
in which it was disposed of. A property sheet shall be submitted to the
property custodian along. with an incident report regarding the
circumstances under which the property was obtained and the manner
in which the property was disposed of.
SER-06.7
1. Materials which have been contaminated, should not be submitted
or stored in plastic containers but packaged so as not to degrade or
contaminate other items.
2. All items which may be contaminated shall clearly indicate such on
their package. it should also be noted on the incident report.
3. When placed in temporary storage, the compartment containing the
object should be clearly marked as containing a potential hazard.
4. Officers shall follow departmental decontamination procedures
upon exposure to biohazards.
5. The property custodian will secure the contaminated object in such
a manner as to maintain the evidentiary value of the item.
6. Officers unsure as to the procedure for handling the contaminated
item shall contact a CST or the watch supervisor.
7. Perishable food items should be photographed and documented
and returned to the owner or properly disposed of.
B. Hazardous Materials
Upon the collection of items that are hazardous in nature such as
chemicals, flammable liquids or explosives, the items should be
photographed and stored in designated areas or arrangements made
for immediate transport to a designated lab. These items shall have a
photocopy of the property sheet attached to them, with the originals
being submitted to the property custodian along with a copy of the
incident report indicating the type and amount (estimated if g_ecessary)
of the hazardous material along with its location. At no t me _~i~all theSi9
items be taken to the Police Department. Officers shouli:El~nit tffe
collection of these types of items to evidence or contraband.. Before
taking control of these types of items for other reasons,-the watch
supervisor should be contacted for guidance.
Fireworks shall be disposed of in accordance with d~ar{m~n{al
guidelines as contained in the Property Procedures manual. . ~
C. Property Management
~nsl3ections
Only the Captain of Administrative Services, Property Custodian and
Sergeant of Planning and Research will have access and control of the
secured property control areas. The Property Custodian will have
primary responsibilities for the day-to-day operations of the property
areas.
On a monthly basis the Property Custodian will submit to the
Lieutenant of Investigations a report listing all Of the property under the
control of the Iowa City Police Department. It will identify those items
which have come under control within the last month and will also
contain a list of all items which have been released from the property
SER-06.8
control area and all items which had been disposed of along with the
method of their disposal.
At least bi-annually the Captain of Administrative Services or designee
shall conduct an inspection to confirm adherence to procedures used
for property control. This inspection will, further ensure that the
properly areas are being maintained in a clean and ordedy fashion,
that property is being protected from damage or deterioration, and that
proper accountability procedures are being maintained. This
inspection shall also consist of verifying the property of at least five (5)
separate incidents and accompanying documentation.
The Chief of Police or designee will conduct unannounced inspections
of the property storage areas. These inspections will be done by
persons not directly responsible for property control functions. These
inspections will donsist of the checking of the actual property of at least
ten (10) separate selected incidents and all accompanying
documentation.
The Lieutenant of Criminal Investigations will conduct an annual
~'~- ~.. inventory of property held by the Iowa City Police Department. This
~'> , ~ i-~ inventory is to ensure the integrity of the system and does not require
.r'__'~!:~::.'~ ~'~; an accounting for each item of property. This inspection will at a
,, i ,:-..!-! !- · minimum, consist of verifying the actual property of twenty (20)
.....l-- :-: "separately selected incidents and all accompanying documentation.
F~~ ~ '-"-" This inspection should also ensure that the integrity of the property
:.: ,~ :-:'; area is being maintained pertaining to security and the condition of the
.~:: ~ property being held by the department. This inventory shall include a
list of all property which is under the control of the Iowa City Police
Department, all of the items which have come under the control of the
Iowa City Police Department within the past year and all of the items
that had been released or disposed of by the Iowa City Police
Department along with the method of their disposal.
In the event that a piece of property cannot be accounted for, the
Property Custodian shall notify the Captain of Field Operations, who
shall assign a Lieutenant to work with the Property Custodian to clarify
the status of the property. If the status can not be resolved, the
Captain of Field Operations shall initiate an internal investigation
relating to the property in question. The results of this investigation
shall be forwarded to the Chief of Police and the Captain of
Administrative Services. Upon completion of the investigation, the
status of the property shall be entered in the case file.
Upon the appointment of a new property custodian, an inventory of the
property in control of the Iowa City Police Department shall be
SER-06.9
conducted to ensure the integrity of the property and that records are
complete. The inventory shall be conducted by the outgoing property
custodian, the newly appointed property custodian and a supervisor
designated by the Chief of Police or his/her designee. The inventory
does not require a complete inspection of each item, but shall be
sufficient to ensure the integrity of the system. Any discrepancies
should be recorded prior to the newly appointed property custodian
assuming responsibility. Discrepancies shall be handled in the manner
mentioned above. A written report documenting the change of
custodian inventory shall include a listing of all property in control of
the Iowa City Police Department upon the departure of the outgoing
property custodian.
All property control inspection reports shall be submitted to the Chief of
Police with copies going to the Captain of Administrative Services,
Captain of Field Operations, Lieutenant of Investigations, and officer in
charge of accreditation.
Submission of Evidence to Labs
When possible, evidence should be submitted to the appropriate
laboratory within five working days of collection. Officers who have
evidence needing to be sent to an outside agency shall complete the
required property sheet making sure the chain of custody section has
been filled out. The officer shall also fill out a DCI lab request form,
indicating the test desired. The property custodian shall package the
evidence for shipment to outside labs and fill out the chain of custody
information on the property sheet. The property custodian shall
maintain the records pertaining to the shipment, receipt, and return of
evidence to the Iowa City Police Department. Blood kit~%Tshall be
sealed per the instructions and submitted to the property-cU'Stodian
along with the evidence sheet. The property custodian will package
the kit for submittal, following the above mentioned proceduEes~
results of the test shall be returned to the Property Custodian; with the
original being submitted to records and copies going to the originatin~j
officer ~ ' ~"
Transfer of Evidence
Whenever evidence is transferred from the property room, the
following procedures shall be adhered to:
1. In instances where the evidence needs to be removed from the
property room, the property custodian shall document the change
of custody on the chain of custody section of the property form.
The receiving person shall sign upon receipt of the evidence and
note the date and time of the change of custody along with the
reason for the transfer of the property.
SER-06.10
2. The member receiving the evidence assumes control and
responsibility for ensuring its security, storage and maintenance.
3. Upon return of the evidence, the returning party shall fill out the
chain of custody section and the property custodian will sign upon
receiving and confirming the evidence being returned. The date
and time will be included on the change of custody section.
4. When property is needed for legal proceedings, the person
receiving the notice of the request should notify the property
custodian of the date on which the property will be needed. In any
event, the property custodian should be notified no less than 2 days
prior to the date on which the property will be needed.
5. When evidence is removed from the property room for processing
by the Iowa City Police Department, the aforementioned
procedures shall be adhered to.
6. When evidence is transported or shipped to an outside agency for
testing, the property custodian will document the Change of
custody, including the destination, date of shipment, manner of
shipment, return of service for the shipment and return of the
evidence being processed.
D. Disposition of Property (Iowa Code Chapters 80.39, 809.5)
The Iowa City Police Department will attempt to return property to its
righfful owner. in the case of found or recovered property, the
property custodian will take the statutory steps to contact rightful
owners. When an item is claimed, the receiving party shall sign a
1..,~. receipt acknowledging the receipt of the property. When unable to
c:, ~-'-~% contact the person(s) who may legally claim the property, the property
-.'~:~--, custodian shall take appropriate steps to locate and notify a legal
:-- ! :: :.!'.. i: ~ claimant. In instances where the righfful owner does not respond within
r-- ' · the prescribed time, the property will be sold at public auction or
" otherwise disposed of as allowed by law.
:,:::i: ' :-.
~:~ In instances where contraband has been seized, the initiating officer
may dispose of the property after providing a receipt to the person in
possession of the property. The officer may submit the property to the
property custodian, with a follow up sheet attached, requesting the
property custodian dispose of the property. In instances where the
property has been seized and destroyed, the incident report shall be
completed by the disposing officer and state the circumstances
surrounding the incident and the manner in which the property was
disposed.
Drugs, whether seized as contraband or taken as evidence, shall be
disposed of in the manner approved by the Johnson 'County Attorney.
Officers shall turn all confiscated drugs or narcotics over to the
property custodian regardless of whether the subject from whom they
SER-06.11
were seized is charged or not. Drugs and/or narcotics shall not be
disposed of in any manner other than that prescribed by the Iowa City
Police Department.
Evidence shall be disposed of upon notification from the clerk of court
that the case has been resolved, and the appeal process has expired
or been exhausted. The property should be returned to the rightful
owner within 180 days. If the rightful owner is unknown, or fails to
recover the property within 90 days after notice, the property custodian
shall dispose of the property consistent with departmental guidelines
set forth in the property manual.
R.J~.'~ of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
civil proceeding. The department policy should not be construed as a creation of
a higher legal standard of safety or care in an evidentiary sense with respect to
third-party claims. Violations of this directive will only form the basis for
departmental administrative sanctions.
ADM 06.1
INTERNAL
AFFAIRS
INVESTIGATIONS
Date of Issue General Order Number
July 9, 1999 99-06
Effective Date Section Code
July 9, 1999 ADM-06
Reevaluation Date Amends / Cancels
July 2001 92-03 ADM-06
C.A.L.E.A. Reference
52.1.1 - 52.1.11 Department Disciplinary Philosophy
INDEX AS:
Internal Affairs Investigations Register (lAIR)
lAiR Forms 1 - 12
Internal Affairs Investigations ~'~ "
Knowingly Providing False Information :--~
Evaluations : '- ::
_:
Police Citizen's Review Board '-,
Discipline
,.Pu.Pos.
The purpose of this order is to establish the policy and procedures for the
investigation of complaints made against Department personnel, policies and/or
procedures. This order provides the guidelines for the prompt, fair, and impartial
investigation and disposition of citizen complaints and allegations.
II. POLICY
A. It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and / or against Department
policies and procedures, regardless of the source of such complaints. This
policy shall include the investigation of alleged or suspected violations of law,
ADM 06.1
ordinances or Department roles, regulations, policies, procedures or orders
(written or oral) as reported to Department managers and supervisors by:
1. Members of the Department in any of the following manners: in writing,
orally, by telephone, or by correspondence (signed or anonymous).
2. Citizens (including prisoners) who report to any Department member in
any of the following manners: in writing, orally, by telephone, or by
correspondence (signed or anonymous), or pursuant to the City's Police
Citizen's Review Board ordinance.
3. Supervisors or personnel who observe or suspect violations by
Department personnel.
B. The thorough, standardized investigations of these types of complaints
demonstrates the Department's desire to provide honest, efficient police
service and will inspire public confidence in Department personnel. A
regulated program of complaint review is established to ensure the fair and
impartial treatment of Department members who may become subject to the
internal review procedure. Clearly defined policy and procedures permits
employees to know what to expect; reassures the public that discipline will be
administered, if necessary; and provides a pre-determined method for
informing both the public and employees of the disposition of the complaint.
III. ,._. DEFINITIONS
,';:, A. ,COMPLAINT
: ::,~:~ :::':,
Z':~'I.A complaint is defined as an act of expressed dissatisfaction, which
r-- '"-' ~: relates to department operations, departmental policy, personnel conduct,
.;: : ....or alleged unlawful acts. Generally, complaints are based on allegations
:~ C~:--":' of misconduct or violations of procedure. A complaint may be filed either
O internally, that is by a Department member who wishes to report
infractions or violations by another member, or externally, such as when a
citizen complains about a member of the Department.
2. A complaint includes those filed with the Police Citizen's Review Board
pursuant to Ordinance.
B. NON-DISCIPLINARY INCIDENTS OR VIOLATIONS
1. Non-disciplinary incidents or complaints shall mean Complaints or
allegations which, on their face, do not involve alleged violations of law,
rules, regulations, general orders or procedures of the Police Department.
C. NON-PUNITIVE NCIDENTS OR VIOLATIONS
1. Non-punitive incidents or violations shall mean incidents or complaints
which, on their face, allege minor infractions of rules, regulations, general
orders, or procedures by Police Department personnel for which the
ADM 06.3
apparent appropriate disciplinary action is limited to counseling and/or
oral or written reprimand by use of the departmental Report of
Incluirv/Incident form.
D. PUNITIVE INCIDENTS OR VIOLATIONS
1. Punitive incidents or violations shall mean incidents or complaints which,
on their face, allege violation(s) of the law, rules, regulations, general
orders, or procedures by Police Department personnel for which the
apparent appropriate disciplinary response consists of punitive action
ranging from loss of privileges to suspension, demotion, and/or dismissal.
IV. AUTHORITY AND RESPONSIBILITY
A. COMMANDING OFFICER, FIELD OPERATIONS
1. The Commanding Officer, Field Operations, shall be responsible for the
internal affairs investigation function of the Department.
2. The Commanding Officer, Field Operations, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Chief of Police or the Commanding Officer, Field Operations may
assign the investigation of internal affairs cases to personnel from other
divisions, sections or units within the Department, if it is determined that
this course of action is in the best interests of the Department.
4. If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
5. ;After notifying the Chief of Police, the Commandir~ Office~, Field
Operations, shall contact the City Attorney's Office '_a~d-,the..!County
assistance in case preparation. All such contacts shal!be notc:,d in the
Report of Inquiry. ' ':
B. ALL SUPERVISORY AND COMMAND PERSONNEL :-"
>> -
1. Supervisory and command personnel shall cause to be initiated an
internal affairs investigation when the action alleged is an
infraction/violation of State Code, Federal laws, City ordinance or
Department policy and within the scope of their authority for the initiation
of this action. Examples of complaints which will be investigated by the
ADM 06.4
Internal Affairs function are: allegations of corruption, brutality, misuse of
force, violations of individual civil dghts, criminal conduct, etc. This is not
a complete listing of such examples, but is an example to provide
guidance for supervisory personnel.
2. Supervisory personnel shall investigate complaints, verbal or written,
which do not involve alleged violations of Federal or State law, City
ordinance, or Departmental policy which come to their attention, as an
example, alleged rudeness, not providing information about a ticket or
~,:,arrest, tardiness, incomplete reports, insubordination, etc. This is not a
c~ '~- complete listing of such examples, but is an example to provide guidance
"~ ~" '; ~'~i for supervisory personnel. These types of complaints will be documented
i, ' '"~ ~: ~ ... on the departmental Report of Inquiry/Incident form.
, ',~ :ALL DEPARTMENT PERSONNEL
;', It shall be the duty of all Department personnel to report an action which
may be a violation of laws, ordinances, rules, regulations, policies,
procedures, or orders by any other Department member to the immediate
supervisor of the employee engaging in said action.
V. INTERNAL AFFAIRS INVESTIGATION REGISTER
A. The Internal Affairs Investigation Register (lAIR) is designed to provide the
Iowa City Police Department with a control device to assure that complaints,
which on their face, allege a violation for which the appropdate disciplinary
action would be punitive in nature, (as defined in Section III D 1), will be
investigated. These include, but are not limited to, complaints received by
the Department, or which originate through action of a Departmental member,
or complaints received from the PCRB.
B. The lAIR will be maintained by the Commanding Officer, Field Operations
Div, ision. Entries in the lAIR shall contain sufficient and accurate information
of I~oth the allegations and the disposition of the complaint. The lAIR will be
maintained in a secured area within the Commander's office.
C. Complaints logged in the lAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
D. To ensure that required investigations are being completed within a
reasonable time, periodic inspections of the lAIR will be made by the
Commanding Officer, Field Operations and status reports will be forwarded to
the Chief of Police.
ADM 06.5
E. The Commanding Officer, Field Operations shall assign a control number to
each complaint received and record the number in the lAIR, and on the copy
of the complaint form.
1. The numbering system shall be sequential, prefixed by the year, i.e., 98-
0001, 98-0002.
VI. REPORTING PROCEDURES
A. A written record of all complaints against the Police Department or its
personnel shall be maintained regardless of the nature, scope, or
reasonableness of the complaint.
B. Compliance with the following procedures is the responsibility of the
supervisor and/or member addressing the complaint.
1. Conduct a preliminary examination of the complaint.
2. Ensure that the complainant understands the state statutes concerning
"obstructing justice" and false reports to law enforcement authorities.
(Attachment A)
3. Complete a Report of Inquiry Form (lAIR Form 2) ~ ~;
a) If on the face of the allegations, which if taken as true, :the~re is'a: cle~r-'i
indication that the officer or employee did nothing imp~'~pe'r tl~.n tl~e:
Report of Inquiry Form shall be completed, indicating= same,
forwarded through the chain of command to the Comrna~ding Office.r~..
Field Operations Division. :~ ' "~ ~ '>
b) If, on the face of the allegations, which if taken as true, the complaint
or allegation is minor and within the scope of the supervisor's
authority, the supervisor may resolve the complaint by use of the
Report of Inquiry/incident form, and forward the report and results to
the Commanding Officer, Field Operations Division.
c) When it appears that an officer or employee may have violated state
or federal law, city ordinance or Department policies and procedures,
the Report of Inquiry shall be forwarded to the Commanding Officer,
Field Operations, within 24 hours of the complaint.
d) Commanding Officer Field Operations shall maintain the Report of
Inquiry/Incident forms Supervisors shall review an officer's Report of
Inquiry/Incident form(s) when completing a subordinate's annual
evaluation.
ADM 06.6
e) When it appears that an officer or employee may have committed an
illegal or criminal act or may have violated a person's constitutional
fights, the Report of Inquiry shall be forwarded to the Commanding
Officer, Field Operations within 24 hours of the complaint.
Commanding Officer, Field Operations shall forward a copy to the
Chief of Police within 24 hours of receiving the Report of Inquiry.
f) The City Attorney's Office shall be consulted when there is an
allegation which on it's face alleges illegal/criminal activity, civil rights
violations, gross negligence, or excessive use of force.
g) All Report of Inquiry Forms shall be submitted for approval by the
~:, Commanding Officer, Field Operations level, prior to being forwarded
~'- to the Chief of Police.
, · .~-- G.~ ..Within 72 hours of receipt of Report of Inquiry form by the Commanding
.... ,.,-':" !Officer, Field Operations, a determination shall be made as to whether an
F:'::: .:-. ~i~ternal investigation will be initiated. The accused member should be
:; C~:~otified of the investigation decision within this 72-hour pedod. In
: ~ ~xceptional circumstances, i.e., allegations of on-going criminal activity, the
"-: 'Commanding Officer, Field Operations, with the approval of the Chief of
Police, may waive this notification.
D. The Commanding Officer, Field Operations, shall contact the complainant
within seven (7) calendar days of receiving the complaint and inform the
complainant of receipt (lAIR Form 1 ) and the status of the complaint.
E. Intemal Affairs investigations pursuant to complaints shall be completed
within sixty (60) calendar days of receipt of the initial complaint. An
extension may be granted by the Chief of Police where extenuating
circumstances exist. Status reports on the investigation of complaints shall
be submitted to the Chief of Police every seven (7) calendar days to assist in
this determination.
F. If an investigation continues beyond sixty (60) calendar days, a status report
will be provided to the complainant by the assigned investigator. A copy of
the status report will be forwarded to the Commanding Officer, Field
Operations.
VII. INVESTIGATIVE PROCEDURES
A. The Chief of Police may require an employee to submit to a medical or
laboratory examination, to be photographed, to submit financial disclosure
statements, or participate in a line-up, when such information or actions are
specifically directed toward and narrowly related to a particular internal
affairs investigation. Failure to follow a direct order of this nature shall
constitute a. separate infraction and may result in termination. (However, if
ADM 06.7
an internal investiclation involves alleqations of criminal actions, employees
shall be afforded all their leqal or constitutional riqhts.)
1. The City Manager may impose the requirements of paragraph A above.
when the complaint is directed toward the Chief of Police.
B. An employee under investigation may not be compelled to submit to a
polygraph, Voice Stress Analysis, or any other instrument designed to detect
deception. However, an employee under investigation may voluntarily
submit to such examination after being made aware that such actions are
strictly voluntary, and refusal to submit does not imply any guilt or admission
of the violations. The results of the examination shall not be used in any
commission hearing, court or trial as evidence of guilt or innocence, unless
agreed to by all parties.
C. Based on the requirements of Iowa law, an employee may be required to
submit to a medical or laboratory examination, at the agency's expense,
when the examination is specifically directed toward and narrowly related to
a particular internal affairs investigation being conducted by the agency. An
example of the use of this process is determining drug use by employees.
An employee may also be required to be photographed, to participate in a
line-up and/or submit to a financial disclosure statement when the actions
are material to a particular internal affairs investigation being conducted by
the Department or an outside agency. The above will always be based on
the requirements of Federal law, Iowa law, and any case law, and precedent
thereunder when not in conflict with any labor law or signed labor
agreements.
D. The assigned investigator conducting an internal investigation shall conduct
the investigation fairly and impartially toward both the complainant and
police personnel.
1. The assigned investigator shall conduct such interviews as are deemed
. necessary in order to accumulate all necessary evidence and ,facts
' pertaining to the complaint as determined by the Comm/a~ding Officer,
Field Operations. '~ :
2. The assigned investigator shall follow state law, city ordinance, and',labor
contracts concerning disciplinary actions utilizing the appropriate forms
depending on the alleged violation
a) Notification of Complaint / Investigation (lAIR Form 3). , .
b) Request / Waiver of counsel (lAIR Form 4).
c) Administrative Proceeding Rights Form (lAIR Form 5).
d) Criminal Rights Form for alleged violations of Criminal Law (lAIR Form
6).
ADM 06.8
3. At the conclusion of the investigation, the Commanding Officer, Field
Operations shall submit an Internal Investigations Report to the Chief of
Police for review and approval, in the format as outlined in lAIR Form 7.
4. The Commanding Officer, Field Operations, upon completing the internal
investigation, shall conclude the report by classifying the individual
allegations into one of the fol ow ng categor es
a)Unfounded: The investigation indicates that the act(s) complained of
did not occur or did not involve police personnel.
b) Exonerated: The complained of acts did occur, but were justified,
lawful, and proper.
c) Not Sustained: The investigation fails to discover sufficient evidence
to dearly prove or disprove the allegations made in the complaint.
~;'~,~-: ~ d) Sustained: The investigation disclosed sufficient evidence to cleady
L: ," prove the allegations made in the complaint.
F-.: -- -L Ej e) Policy Failure: Investigation reveals that the alleged acts did occur
LL_ * ' '* .... and were improper; however, the officer was acting in accordance with
· ~ 2 ~ :~;- established Department policy.
"" 5.When the act complained of is a criminal offense, and the evidence from
the above investigation establishes probable cause that the act was
committed, the Commanding Officer, Field Operations shall forward the
information to the Chief of Police, who shall notify the City Attomey's
office, and in consultation with the City Attorney's office shall decide
whether:
a) the County Attomey's Office shall be involved; and
b) the accused person(s) should be arrested forthwith; or
:?) a warrant for arrest should be first obtained; or
d) cdminal action should be delayed pending further investigation; or
e) request assistance from another law enforcement agency.
6. Status Reports - The Internal Affairs Investigator will provide the following
information:
a) Provide a weekly status report, verbal or written, to the Commanding
Officer, Field Operations.
._)
b) Provide a status report to the complainant within sixty (60) calendar
days.
ADM 06.9
VIII. INVESTIGATION SUMMARY OF FINDINGS
A. Upon final receipt of the Internal Investigation Report (lAIR Form 7), the
Commanding Officer, Field Operations, shall review the report for
completion. The report shall include the following information:
1. Prior disciplinary action against the employee.
2. Recommended disciplinary action believed to be appropriate, based on
the investigation results and the employee's employment history.
B. In cases involving complaints against the Commanding Officer, Field
Operations, all matters will be handled by the Office of the Chief of Police.
C. In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or his/her designee.
D. Final approval of internal investigation recommendations shall be decided by
the Chief of Police except under Subsection C above. The Chief of Police
shall have authority to modify any such recommendations in any manner
deemed appropriate by the Chief of Police.
IX. DISPOSITION OF INTERNAL INVESTIGATION FINDINGS
A. Complaints that are determined to be "sustained" will be filed in the
employee's personnel file. Allegations that are determined to be
"unfounded", "exonerated", "not sustained", or result in a "policy failure"
finding shall be filed in the internal investigation file with the Commanding
Officer, Field Operations, and shall not be entered in the employee's
personnel file.
:
B. The officer or employee who is the subject involved in the investigation shall
be notified of the disposition by lAIR Form 8, as will any outsi~ complainant
by lAIR Forms 9, 10, 11, and 12. -. ~ ,
X. CONFIDENTIAL NATURE OF INVESTIGATIONS "':
A. Many mistaken or even deliberately false reports and accusations a~ ma~
against police officers. In some instances, the most conscie~bus and hard-
working officers will be the subject of such repo~s. In order to ensure the
integrity of the Depa~ment, it is necessa~ to investigate completely and
thoroughly all repo~s and accusations from all sources. This must be done.
At the same time. the reputations and Good names of innocent police officers
ADM 06.10
must be protected. This is important to Departmental and individual morale,
and to the effectiveness of police operations.
B. Sustained cases and the disciplinary actions taken may be a matter of public
information pursuant to Iowa Code Chapter 22. The public nature of such
cases and any disciplinary action therounder shall be decided by the Chief of
Police on a case-by-case basis in consultation with the City Attorney's Office.
All other cases will be regarded as confidential and the records of such cases
will be maintained in the office of the Commanding Officer, Field Operations.
XI. DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose a fully-paid emergency
Administrative Leave of Absence on a member or employee when it appears
necessary to preserve the efficient and safe operation of the Department.
-l~he supervisor shall promptly notify the Commanding Officer, Field
7'_/-:LOperations, who shall promptly notify the Chief of Police.
~ :,,..~-~ Any person so relieved of duty shall be instructed to repo~ to the O~ce of
~ -- ->.,--; the Chief of Police at 9:00 a.m, on the ne~ business day, unless
' ' ' ' ~' - ~ othe~ise instructed
. ~
' a) The Supe~isor imposing or recommending the Administrative Leave
of Absence will repo~ at the same time.
B.Supe~iso~ personnel may take the following disciplina~ measures:
1. Wri~en recommendation for disciplina~ penalties.
2. Re~mmendations for discipline within an employee evaluation.
3. Wri~en reprimand with documentation. Copies of all such wri~en
reprimands shall be fo~arded to the pemonnel depa~ment for inclusion
in the employee's Personnel file.
4. Oral reprimand with documentation, All such wri~en documentation for
discipline and/or documented oral reprimands shall be fo~arded to the
Iowa City Personnel Administrator for inclusion in the subject employee's
Personnel File.
C. Final Depa~ment authority and responsibility for discipline rests with the
Chief of Police.
ADM 06.11
D. The Chief of Police has full power and authority to reprimand, suspend,
demote, or terminate any Department member for disciplinary purposes.
Such employee retains all rights of appeal under applicable laws in
accordance with and subject to the provisions of Iowa Code Chapter 400 and
collective bargaining agreements.
XII. EFFECTIVE DATE
The effective date of this order is July 9, 1999.
of Police
WARNING
This directive is for departmental use only and does not apply in any cdminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
ADM 06.12
ATTACHMENT "A"
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
A person who reports or causes to be reported false information to a fire department or
a law enforcement authority, knowing that the information is false, or who reports the
alleged occurrence of a criminal act knowing the same did not occur, commits a simple
misdemeanor, unless the alleged criminal act reported is a serious or aggravated
misdemeanor or felony, in which case the person commits a serious misdemeanor.
719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing
Defense (Iowa Code)
A person who, with intent to prevent the apprehension or obstruct the prosecution or
defense of any person, knowingly does any of the following acts, commits an
aggravated misdemeanor:
1. Destroys, alters, conceals or disguises physical evidence which would be
admissible in the trial of another for a public offense, or makes available false
evidence or furnishes false information with the intent that it be used in the trial
of that case.
2. Induces a witness having knowledge material to the subject at issue to leave the
state or hide, or to fail to appear when subpoenaed.
CITIZEN COMPLAINT FORM
IOWA CITY POLICE DEPARTMENT
COMPLAINT: DATE:
ADDRESS: PHONE:
OCCUPATION: AGE: SEX:
PLACE OF WORK:
DATE OF INCIDENT:
LOCATION OF INCIDENT:
WITNESSES TO INCIDENT: (Name, address, phone number)
1.
2.
3.
DETAILS OF INCIDENT: (Who. what, when, where, how. why. If you don't know names, give
descriptions, badge number. etc.) ,,
(ContinU:e'on ot~?r sid~y
STATE CODE OF IOWA
Section 718.6 False Reports to Law Enforcement Authorities
A person who reports or causes to be reported false information to a fire
department or a law enforcement authority, knowing that the information is false,
or who reports the alleged occurrence of a criminal act knowing the same did not
occur, 'bommits a simple misdemeanor, unless the alleged criminal act reported
is a serious or aggravated misdemeanor or felony, in which case the person
commits a serious misdemeanor.
I have written and/or read the complaint herein and swear or affirm it is true.
Signature Date and Time
Subscribed and sworn to before me this day of ,199
Notary
lAIR Form I
CITIZEN COMPLAINT FORM
IOWA CITY POLICE DEPARTMENT
I request the following measures of relief be granted or corrective action taken by the
Iowa City Police Department:
lAIR Form I
REPORT OF INQUIRY / INCIDENT FORM
IOWA CITY POLICE DEPARTMENT
[] Complaint
[] Exemplary Service
CASE NO. lAIR NO. DATE
COMPLAINANT
ADDRESS CITY STATE
PHONE SEX DOB
RECEIVED BY BADGE #
DATE TIME CATEGORY
MANNER TAKEN: [] IN PERSON [] TELEPHONE [] LETTER
LOCATION OF INCIDENT DATE TIME
EMPLOYEE WHOSE CONDUCT IS
BEING CHALLENGED / COMMENDED:
WITNESSES: PHONE:
PHONE:
PHONE:
SYNOPSIS:
lAIR Fonm2
REPORT OF INQUIRY / INCIDENT FORM
IOWA CITY POLICE DEPARTMENT
SYNOPSIS CONTINUED: (~")
[] Resolved [] Requires Additional Follow-Up
Supervisors Signature:
COMMANDER, FIELD OPERATIONS DIVISION
lAIR Fon~ 2
NOTIFICATION OF COMPLAINT/INVESTIGATION
Name of Employee Rank Badge Unit of Assignment
Department policy provides that if you are to be charged with a criminal
offense or if your separation from the Department will be sought, you are
to be advised in writing of the specific illegal or improper acts alleged
against or attributed to you.
Furthermore, Department policy provides that you have a right to be
advised in writing of the complaint lodged against you prior to any
interviews of you concerning the allegation even if the allegation is such
that it will not result in the filing of criminal charges or the filing of
separation charges.
Accordingly, you are hereby advised that the following illegal or improper
acts or allegations have been attributed to you:
The undersigned hereby acknowledges receipt in writing of the charges or
allegations against him / her.
Signature
WITNESSES: DATES:
PREPARE IN DUPLICATE
Q Original copy to investigator's file
Q Copy to employee lAIR Form 3
WAIVER OF COUNSEL / REPRESENTATION
REQUEST TO SECURE COUNSEL / REPRESENTATION
Name of Employee Rank Badge Unit of Assignment
[] WAIVER OF COUNSEL / REPRESENTATIONS
I, the Undersigned, hereby acknowledge that I have received and read the
charges / allegations against me and I knowingly and voluntarily wish to
proceed with an examination, interview or interrogation without having
counsel / representation of my own choosing present to advise me during
this interview, examination, or interrogation.
Date / Time: Signature:
[] REQUEST TO SECURE LEGAL COUNSEL OR REPRESENTATION
I, the Undersigned, having been advised of my right to counsel of my own
choosing at all interviews, examinations and interrogations in connection
with the charges / allegations against me which have been given to me in
writing and receipt of which is hereby acknowledged elect to secure the
services of counsel and agree to proceed with said interview, examination
or interrogation at hours, on ,19
in Room , at which time said interview,
examination or interrogation shall be commenced. By placing my
signature upon this statement, I affirm my wish to secure said counsel and
agree to comply with the Department interview, examination or
interrogation scheduled on the date aforesaid.
:
Date / Time: Signature:
WITNESSES: DATES:
PREPARE IN DUPLICATE
Q Original copy to investigator's file
Q Copy to Employee lAIR Form 4
ADMINISTRATIVE PROCEEDING RIGHTS
Name of Employee Rank Badge Unit of Assignment
You are being advised of the following:
1. Any admission made in the course of any administrative hearing, or interview
may be used as the basis for disciplinary measures including discharge or
suspension.
2. You have the right to counsel of your choosing to be present with you to
advise you at this interview, examination or interrogation and you may consult
with counsel/representation as you desire.
3. You have a right to be given a reasonable time to obtain counsel of your own
choosing.
4. You have no right to remain silent at this administrative proceeding. You
have an obligation to truthfully answer questions put to you. You are advised
that your statements or responses constitute an official police report.
5. If you refuse to answer questions put to you, you will be ordered by a superior
officer to answer the question.
6. If you persist in your refusal to answer after the order to answer has been
given to you, or if you do not answer a question truthfully, you are advised
that such refusal or untruthful answer constitutes a violation of the Rules and
Regulations of the Iowa City Police Department and will serve as a basis for
which your discharge may be sought.
7. You are further advised that by law any admission made by you during the
course of this interrogation, examination or interview cannot be used against
you in a subsequent criminal proceeding.
I, the undersigned, do hereby acknowledge that I have been informed of the
above rigl~ts.
Signature: .
Printed Name of Employee
WITNESSES DATES: :
PREPARE IN DUPLICATE:
QOriginal copy to investigator's file.
QCopy to Employee lAIR Form 5
RIGHTS INVOLVING CRIMINAL PROSECUTION
Given to Employee --
Date: Time:
Name of Employee Rank Badge Unit of Assignment
You am hereby advised that by law you are entitled to be informed of the
following rights prior to interrogation:
1. You have a right to remain silent. If you choose not to remain silent, anything
you say can be used as evidence against you in a court of law.
2. You have a right to consult with an attorney before answering any questions
and you have a right to have an attorney present during any questioning.
3. You have a right to have an attorney represent you before any questioning
begins. You also have the right to have the attorney present with you during
such questioning.
4. You have the right to discontinue answering any question at any time you
wish.
The law further provides that any admissions made in the course of any hearing,
interrogation or examination may be used as a basis for disciplinary measures
including discharge from the Department.
I, the undersigned, do hereby acknowledge that I have been informed of :tl~e
above rights. -
Signature:
Printed Name of Employee
WITNESSES: DATES:
PREPARE IN DUPLICATE:
QOriginal copy to investigator's file.
nCopy to Employee lAIR Form 6
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
'Date of Report)
TO: Chief of Police
FROM: (Investigator's rank, name, badge number, unit of assignment)
SUBJECT: Investigation of Complaint Register No.
REFERENCE: Incident Card # lAIR #
EMPLOYEE:
(Rank, name, badge number, unit of assignment)
(Sex, DOB, date of appointment)
(Duty status, number of months in present assignment)
(Employee number)
If applicable, the following information will be listed:
(Date arrested or date indicted)
(Type of court - Federal, State, County)
(Charge(s))
(Court Finding - Guilty or Not Guilty - if known at Conclusion of t~i~
investigation)
COMPLAINANT:
(Name, address) - If non-department member -
(Sex, DOB) - If non-department member
VICTIM:
(Name, address) NOTE: Complainant and victim may be the same.'
(Se~:, DOB)
(Physical condition, if applicable)
1. ALLEGATIONS
In na~:rative form, state how, when, where, and by whom the complaint
was received. State the date, time and location where the complaint
occurred, and summarize the complaint. If more than one allegation is
made, enumerate each allegation as follows:
#1. (Summarize the allegation)
lAIR Form7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
2. SYNOPSIS
A short summary of the investigation, concluding with the finding and
the classification. Approximately 10 lines or less.
3. EVIDENCE
Attach all statements, reports, and other evidence gathered and
number the reports on the lower right-hand corner. The Complaint
Register Number must also be entered on the lower right-hand corner
of each attachment. Following are examples of attachments and the
sequence in which they may be numbered.
Attachments:
#1. Complaint Against Department Member and Progress Report
c..~#2. Letter of complaint from victim.
-~ :--~ #3. Statement of victim.
<:">: ': 2;~'~ ~4.Statement of witness (give name).
' ": : -#5. Report of officer (give name)
~ =_ :' _ _#6. Statement of officer (give name).
~'-: -' - ~ '#7. Progress report of investigator (give name).
LL_ : ' !-~ ~--"~8.Copy of registered letter to complainant.
~_: ~ i~9. Report of polygraph examination (victim).
L - ~/~10.Report of polygraph examination (employee).
#11. Copy of Alcoholic Influence Report (employee).
#12. General Offense Case Report,
#13. Injury on Duty Report (give name of injured).
4. INVESTIGATION
In narrative form, summarize all investigative procedures followed to
resolve the total issue and the results. Evidence must be submitted to
support the conclusions. Whenever reference is made to an
.,,attachment, indicate the attachment number.
5. CONCLUSION OF FACT
A brief descriptive summary of the circumstances of the incident, the
investigative findings, and conclusions.
6. FINDINGS
Each allegation must be classified as one of the following: Unfounded
- Exonerated - Not Sustained - Sustained - Policy Failure. If the
lAIR Form 7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
classification is "Sustained", indicate the rule number(s) violated, the
context of the rule, and how the rule was violated by the employee.
Example:
Allegation #1. Unfounded.
Allegation #2. Sustained -- Violation of Rule # , Being Absent
from Duty Without Proper Authorization; in that on 16 September
90, the employee failed to report for duty on the 2nd Watch, at 1500
hours, for regular assigned duties.
Even though the original allegation(s) may be Unfounded, etc., the
investigation may uncover a violation of a serious nature unrelated to
the original complaint, in which case the employee should be
disciplined for the other violation.
Example:
Allegation #1. Unfounded.
Allegation #2. Not Sustained.
Allegation #3. Exonerated.
Other violations: Sustained -- Violation of Rule # , Failure to
Provide the Department with a Current Address and Telephone
Number; in that the accused related in his/her statement that he/she
had moved to a new residence location and obtained a new telephone
number and that he/she had failed to provide the information to the
Department.
DATE INITIATED: (Date complaint was received for Investigation)
DATE COMPLETED: (Date of this report)
ELAPSED TIME: (Total time, expressed in working day)
~ '-
(Investigator)
Rank Name
7. RECORD OF PREVIOUS DISCIPLINARY HISTORY
When an investigation is classified as "sustained", this information will
be considered when the Commander is determining a recommendation
for disciplinary action and will be included as an attachment to the final
investigation repod.
lAIR Forrn7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
8. RECORD OF PREVIOUS COMPLAINT HISTORY
When an investigation has been classified as "sustained", this
information will be considered when the Commander is determining
his/her recommendation for disciplinary action and it will be included as
an attachment to the final investigation report.
9. RECOMMENDATION FOR DISCIPLINARY ACTION
One overall recommendation for disciplinary action will be made by the
Division Commander of the accused. The recommendation will be for
all sustained findings: recommendations will not be made for each
sustained allegation against the accused member.
Examples:
1. No disciplinary action warranted - case be filed.
(Unfounded, Exonerated, Not Sustained and Policy Failure
Cases)
2. Recommended for counseling and/or additional training.
3. The employee should be repdmanded and such should be
documented in writing.
4. The employee should be suspended for ~ working days.
5. The employee's status as a peace officer should be terminated
c~ ~ from the Department.
~ ,,~:~: 6. The employee as a civilian member should be suspended or
r-'., ~: c :, separated from the Department.
',_: :7:
__-:,.:_,_ .._.,_
L j r5 :j~_~ Commander, Field Operations Division
E:]APPROVED E]NOT APPROVED
Chief of Police Date
lAIR Form 7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION
CASE DISPOSITION
DATE:
lAIR NUMBER:
CASE ORINCIDENT NUMBER:
NAME:
RANK:
DIVISION:
The complaint submitted by
has been investigated and on the basis of available evidence, has been
classified as:
Unfounded
Exonerated -:-::
Not Sustained .....
Sustained
:
Policy Failure
If the results of this investigation are sustained, the report will be maintained in
your personnel file, and further disciplinary action will be taken. For all other
classifications, the report will be maintained in a confidential Internal Investigation
File and not in your personnel file.
Chief of Police
lAIR Form 8
IOWA CITY POLICE DEPAR~ ~
410 ~ WASHINGTON STKEIrr, IOWA CITY, IOWA 5224~
(J1~)$56-5:~5 · FAX#(919~49
RE: Case #:
1AIR#:
Complaint #:
Dear Sir / Madam:
In reply to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. After a thorough investigation, I find no evidence which would
justify sustaining the allegation and taking disciplinary action against the
employee.
Sincerely,
R J Winkelhake .... ': '
Chief of Police -'
lAIR Form9
IOWA CITY POLICE DEPARTMENT
410 EAST WASHINGTON SIRELrr, IOWA CITY, IOWA 52240
(319)356-5273 * FAX # (319) 356-5449
RE: Case #:
IAII~:
Complaint #:
Dear Sir / Madam:
In reply to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. However, the investigation was hampered by the Department's
inability to develop independent evidence to support the allegation, due to the
lack of cooperation in the investigation. As a result, the Department was
precluded from arriving at a finding of misconduct.
Sincerely,
R. J. Winkelhake
Chief of Police
lAIR Form 10
IOWA CITY POLICE DEPARTMENT
110 EAST WASHINGTON S'I'P,I~, IOWA CrI'Y, IOWA 52240
(319)35~52~ * FAX#(31~)~5449
RE: Case #:
1AIR#:
Complaint #:
Dear Sir / Madam:
In reply to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. After a thorough investigation, the Department was unable to
gather sufficient evidence which would sustain the allegation.
However, during the course of the investigation it was determined that there were
violations of Department rules and regulations; Appropriate disciplinary action
has now been taken by the Office of the Chief of Police.
Sincerely,
R. J. Winkelhake . -- ' "-::
Chief of Pelice --'
lAIR Form 11
IOWA CITY POLICE DEPARTMENT
410 EAST W~GTON S]*k~t', IOWA CITY, IOWA
(s~9) s,~6-5275 · FAX # (3~9 ~
RE: Case #:
IAII~:
Complaint #:
Dear Sir / Madam:
Pursuant to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. Upon completing the investigation, it is my conclusion that the
evidence supports your allegation and, as a result, appropriate disciplinary action
will be taken or has,been taken against the member commensurate with the
misconduct involved.
Sincerely,
R. J. Winkelhake
Chief of Police
lAIR Form12
OPS-14.1
DOMESTIC
VIOLENCE
Date of Issue General Order Number
October 8, 1999 99-t0
Effective Date Section Code
October 13, 1999 OPS-14
Reevaluation Date ~Vnds / Cancels
October 2001
C.A.L.E.A. I Reference
1.2.7, 55.1.1, 55.1.3, 55.2.3 ,.
INDEX A S:
Domestic Abuse
Domestic Violence
Domestic Violence Reports
Domestics :,
No Contact Orders
Protective Orders -
I. PURPOSE
The purpose of this General Order is to establish policy and procedures
concerning domestic abuse. The Iowa City Police Department will respond
properly to all domestic abuse requests for assistance. "Domestic Abuse" has
been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code
Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters
address domestic abuse-related issues. Efforts will be made to deter this
criminal behavior.
OPS-14.2
II. POLICY
It is the policy of the iowa City Police Department to:
· Appropriately respond to domestic abuse calls for assistance and arrest
domestic abuse offenders as defined under the law.-'
·Maintain a pro-arrest policy whenever probable cause exists to support the
belief that a domestic abuse violation has taken place.
· Protect victims and families experiencing domestic abuse, and provide
information concerning support and services.
· Promote officer safety by educating officers in the area of domestic abuse
response.
Develop a working relationship with the Domestic Violence Intervention
Program (DVIP).
·Actively participate in multi-disciplinary and community efforts to prevent and
reduce the incidence and severity of domestic abuse assaults and deaths.
· Provide community and workplace education about domestic abuse, including
releasing an annual report on domestic abuse.
III. DEFINITIONS
A. Domestic Abuse means an assault, as defined in Iowa Code Section
708.2A and Iowa Code Section 236.2, that has occurred between
-'~ -~ parties who share a certain relationship.
.5','-.~ i~
C.: ':_!~,;,5., :.. The relationship element defined: 236.2(2)
L2~'. ~2~ ~:~ 1. family or household members residing together at the time of the
~ ¢ - -" assault or who have resided together within the past year, but not
·; L-~ -~2.at the time of the assault;
~;.%.,2_52.separated spouses or persons divorced from one another not
~~ residing together at the time of the assault;
3. biological parents of the same minor child, regardless of whether
married or living together at anytime,
4. brothers and/or sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies.
B.Family or Household Members; spouses, or persons co~habitating,
parents or other persons related by consanguinity or affinity.
C.Children: Children under age 16 are not subject to these provisions as
chapter 232, Juvenile Justice, applies.
OPS-14.3
D. Cohabitation: means two unrelated adult persons living together for a
substantial period of time, resulting in some permanency of
relationship. Cohabitation does not require a sexual relationship, but
does require something more than merely residing together. State v.
Kello~g, 542 N.W.2d 514(1996).
Kello~g provides a non-exclusive list of factors for the jury's
consideration:
Sexual relations between the parties while sharing living quarters
Sharing of incomes and expenses
Joint use or ownership of property
Whether parties hold themselves out as husband and wife
The continuity of the relationship
The length of the relationship
The degree of access to the residence (does each possess a set of
keys)
E. Primary Physical Aggressor: The Code requires a peace officer to
arrest and take into custody the primary physical aggressor of the
domestic abuse assault when the assault caused a bodily injury,
involved the use or.display of a dangerous weapon or was committed
with the intent to commit a serious injury. See Iowa Code Sections
236.12(2) (b)(c) and (d). Considerations relating to an officer's
determination of the primary physical aggressor are set forth in Iowa
Code Section 236.12(3).
In identifying the primary physical aggressor, a peace officer shall
consider the need to protect the victims of domestic abuse, the
relative degree of injury or fear inflicted on the persons involved, and
any history of domestc abuse between the persons involved, and
shall not be based solely on the absence of visible indications of injury
or impairment.
F. Discretionary Arrest: Peace officers may arrest a person for a simple
~ misdemeanor (non-injury inflicting) domestic abuse assault, but are not
required to do so. Discretionary arrest also applies to indictable level
offenses where the offender was not the pr mary physical aggressor.
G. Pro-Arrest Policy: Refers to a philosophical position in which physical
arrest should be made in situations where an arrest is legally
0PS~14.4
,IV. PROCEDURES
Procedures for the following qualifying factors are included in this protocol:
A. Communications
B. Officer Responsibility at the Scene
C. Officer Approaching the Scene
D. Wdtten Reporting
,E. Victim Rights
F. Follow-up Investigation
G. Confidentiality
H. Hostage Situations
I. Officer Training.
J. Officers Charged with Domestic Abuse
A. COMMUNICATIONS
The Emergency Communications Operator (ECO) shall dispatch officers
to every reported .incident of domestic abuse. When warranted, the ECO
should give a domestic abuse incident call priority as would be given to
any other life threatening call. Whenever possible, a minimum of two
officers should be dispatched to the scene.
\//:
LD During the initial call for assistance, the ECO should ask these questions:
':'~)!~>1. Where is the emergency? What address? What apartment
._.-'. c-~-~- number?
U- :: 2. Who am I speaking to?
:~':~~ 3. What has happened?
'~; 4. Has anyone been injured? If yes, is an ambulance needed?
5. Are you the victim? If no, are you a witness?
6. Is the suspect present? What is his/her name? Please describe
the suspect and, if not present, his/her expected wherea.bouts,
· 7. Are weapons involved? If yes, what kind?
'~. Is the suspect under the influence of drugs or alcohol? If yes, what
substance?
9. Are children present?
10. Have the police been to this address before? If yes, how many
times?
11. Does the victim have a current restraining order?
As events progress through a domestic abuse incident, the ECO will keep
the responding officer(s) apprised. The ECO should listen for background
noises that assist in evaluating the threat level (screams, shouts, threats,
breaking glass, and fumiture). These sounds will raise the potential
OPS-14.5
danger level and can help to provide the probable cause required. During
the dispatching process, the ECO should initiate a check to determine the
existence of no-contact orders (both civil and criminal), and notify the
officer(s) of the results. Meanwhile, the ECO should continue to reassure
the victim/caller that assistance is en route. Remaining on the line with
the caller is preferential; if the victim/caller chooses to hang-up; this shall
not influence the response effected. If the hang-up was voluntary, a
callback should be made to inquire whether the victim/caller can be
located by officers upon their arrival. Likewise, if the caller states that
officers are no longer needed, the call will continue to proceed, and under
no circumstances will the call be cancelled.
9-1-1 calls and calls for assistance or/calls received on the routine line
should be preserved for any possible prosecution. Requests for 9-1-1
recordings to be taped for preservation will be made through the ECO
supervisor by the domestic abuse investigator.
Once a call is classified as a domestic, the ECO shall not reclassify the
call. In instances where a call is classified as something other than a
domestic, and the call is in fact a domestic, the ECO, upon notification
from the officer may reclassify the call as a domestic.
OFFICER APPROACHING THE SCENE
1. Domestics are a high priority call. Officers will respond immediately
with due consideration of the information available and coordinate
their approach if two one-unit crews respond.
2. Remain in contact with the dispatcher, requesting assistance, (see
"Communications" section above) information and updates as
needed. If protective orders are in force, then verification and
clarification should be obtained from the county sheriff's
department. (See "protective orders" section below.)
3.Remain alert for suspect leaving the scene.
A. ~OFFICER RESPONSIBILITY AT THE SCENE
When officers respond to a call for assistance at the scene of a dome~i~;
abuse incident, they shall:
1. Approach the scene safely, and in an alert manner. : ! '--"
2. Identify yourself and give an explanation of your ~Yesenc~:
Request entry into the home when conditions permit. When
permission is freely and voluntarily given by either party, a search
of the premises may occur.
3. When entry is refused, exercise persistence in gaining entry based
on the request for assistance received by the department. Request
communications re-establish contact with the complainant, if it has
OPS-14.6
been lost, and reassess the situation. If entry continues to be
refused, contact the watch commander/supervisor for further
guidance if circumstances permit.
4. Forced entry may be allowed when probable cause exists to
suspect that a felony is occurring, has just occurred, or that a life is
in danger. In evaluating the need for forced entry, the officer (s)
must consider the degree of urgency versus requesting a warrant,
the possibility of danger, whether the suspected offense involved
violence and whether the belief exists that persons may be armed.
(See exigent circumstances analysis in Use of Force G/O)
5. In incidents where a suspect has vacated the scene, and probable
cause exists for an arrest, a complaint and affidavit shall be
prepared immediately, and forwarded to a judge for a request for
issuance of an arrest warrant. However, an officer may arrest a
violator within the first 24 hours of an incident without a warrant.
(See Iowa Code Section 236.11)
6. Restore order.
7. Take control of all weapons known to be used, or used in a
threatening manner, and safely store them. (See Seizure of
Weapons, Iowa Code Chapter 809.) Iowa Code Section
809.1(1)(c) defines seizable property as "... property which if not
seized by the state poses an imminent danger to a person's health,
safety or welfare." When weapons are seized, the officer shall
F- ~ notify a supervisor of the seizure prior to the officer going off duty.
~ ~ ::-.-_
,-:, ~..'__~,~:.8. Assess the need for medical attention, and call for assistance if
:"", . :.i,_;~ warranted, and whenever requested by the victim. The officer shall
..... '-~:~':: ~L:.assist the victim in obtaining transportation to the nearest hospital if
.... , ,~"' '- -' requested
.:-~'-:- --.;: 9. Determine complainant, separating all parties if possible, including
::~ ~:> suspect, victim, children, and other witnesses.
: 10. Interview all parties.
:' ; 11.Following interviews, a conference of the responding officers
should occur with the goal of arriving at a consensus for
determining whether to arrest. Apply appropriate Chapter 236,
Domestic Abuse cdteria in making the decision to arrest. If
consensus or a determination is not made, a supervisor shall be
called to assist. When an officer is solo in responding, they may
confer with a supervisor as needed. Identifying the primary
aggressor is necessary, as persons acting in self-defense are
exempt from this mandatory arrest.
12. If probable cause exists, arrest the suspect. Read suspect Miranda
rights. Place individual in custody. Field release or issuing of
citations are not allowed in the event domestic abuse has occurred.
This applies to either / both arrest for domestic abuse, related
charges and / or violations of protective orders. If possible,
immediately transport suspect to jail.
OPS-14.7
Factors that tend to support a finding of probable cause for arrest
include: physical injuries (including bruises or cuts); disheveled
clothing or furniture; a victim's credible statements or visible fear;
credible statements of witnesses. including children; and previous
calls to the home. If probable cause exists, an arrest shall be
made, regardless of the stated wishes of the victim or the apparent
use of alcohol or drugs by either the victim or abuser.
13. If a child has been injured or assaulted, a mandatory report shall be
made to the Department of Human Services. Any time a
companion charge of "Child Endangerment" is made, Department
of Human Services must be contacted. Notification shall include
contacting DHS by phone prior to the end of the watch and
forwarding copies of the written report.
14. Collect and record evidence, including torn clothing, broken objects,
etc.
15. Photograph the following:
a. Victim in a full body picture, front and back.
b. Victim's specific injury(s).
c. Children.
d. Scene, including broken objects, weapons, general disarray,
etc.
e. If possible, the suspect's full body and any injuries, in addition to
the mug shot.
f. When photos are taken at a domestic incident, the film sheet
should be marked as a domestic along with the case number
being noted
g. When the property manager receives prints from a domestic
incident, they shall be forwarded to the domestic abuse
investigator.
h. Photos of any injuries present on the suspect.
16.When an arrest causes a child(ren) to be without responsible adult
supervision, Department of Human Services shall 15e contacted.
tT. Upon filling out the complaint, the officer will also complete the
victim section of the incident report, making sure to include name,
address, DOB, SS#, sex and race. A photocopy of the incident
report containing this information will be attached to the complaint.
C. ENFORCEMENT OF COURT PROTECTION ORDERS
Violation of a valid court order shall be enforced in the same ~nner and
with the same vigor as violations of statutory law. When ehcountering
potential court order violations in domestic violence or other contexts,
officers shall follow these procedures. '_' '
', ..
OPS-'14.8
1. In cases of domestic violence, officers shall use all reasonable
means to quell open conflict, protect the victim(s) and enforce the
law as applicable in procedures set forth in this policy on domestic
violence.
2. Officers are responsible for determining whether a valid court
protection order is in force. The officer shall vedfy existence of the
order and its provisions by referring to the copy provided by the
victim and / or by requesting that the ECO check with the Sheriffs
~_. ~. Department in the county where the court order was issued.
~"~ :~-: An officer shall arrest a violator when probable cause exists to
&~ :.~ r ~ believe a person has violated a court order and the violation is
Lj .-~ ~-~ grounds for arrest.
U._!, . 3. Arrest of the offender is the preferred agency response if probable
' ~ -~ "'~ cause for an arrest exists, whether or not the victim wishes to file a
~ !::
L~--:~: .:~ ~i:_:complaint.
::: ~:~ 4. If a person is suspected of violating a no contact order, the
"~ :~: investigating officer shall run a criminal history on the suspect and
check for any pdor convictions for violation of a no contact order.
(allows for enhanced penalties)
D. WRITTEN REPORTING
Written reports should be factual, specific and clear so as to present an
accurate portrayal of the domestic abuse incidedt. Written documentation
that will be made as a result of a domestic abuse arrest are the complaint
and affidavit, a supplementary information report narrative, Iowa City
Police Incident Report Form, and the Domestic Abuse Reporting Form.
All officers present at a domestic shall complete a report including
narrative detailing their observations. In instances where there is a no
locate, or the call was incorrectly classified as a domestic, the pdmary
officer shall complete a report detailing the circumstances and identifying
the correct call classification.
All reports involving a domestic or originally classified as a domestic, or
inVblving the violation of a domestic abuse no contact order shall be
forwarded to the departments domestic abuse investigator.
Reports will, at a minimum, contain narratives containing the following
information:
1. full names of parties involved, including dates of birth of the suspect
and victim
2. address and phone numbers for the victim, witnesses and those
present, including the address and phone number of the location
where the victim will be staying
OPS-14.9
3. the relationship of the victim and suspect
4. location of the assault
5. whether no contact orders are known to exist
6. a descdption of the scene
7. weapons used
8. whether a 9-1 ~1 call was received and if the tape was preserved
9. documentation of injuries of all parties injured
10.if alcohol is involved, the result of any PBT given to the suspect and
victim
11. whether they received medical treatment
12. an indication of whether the victim was presented their rights
13. Excited utterances should be recorded in quotation marks. Other
statements may be directly recorded or summarized. The
demeanor, spirit and physical description of the suspect should be
noted along with that of the victim.
14. If the officer is aware of pending domestic charges, note that fact in
the narrative.
E. VICTIM RIGHTS
Chapter 236.12 identifies victim rights which must be provided to the
victim in writing and / or verbally. The Iowa City Police Department wil__l
routinely present the victim their rights in written and verbal form. Officers
at the scene will present the victim a printed copy of their rights and
request the victim sign the sheet. One copy of the form should be left with
the victim and the other included with the domestic abuse supplemental
report and narrative.
F. FOLLOW-UP INVESTIGATIONS
All domestic abuse reports shall be forwarded to the domestic abuse
investigator for review. Useful information not obtained in the initial report
gathering stage may require a follow-up investigation. History of domestic
abuse, past requests for service with observance of frequency of
ocourrence noted, interview of witnesses and any other information
applicable may be included. Photographs may be taken as injuries
change in their appearance. Other photographs may be taken as part of
the investigation, however, all photographs shall be appropriately logged.
If an emergency 9-1-1 call initiated the domestic abuse response, then the
domestic abuse investigator shall forward a written request to~ the ECO
supervisor for a copy of the call to be taped and forwarded to t~ dem~s~ c
abuse investigator.
OPS-14.10
G. CONFIDENTIALITY
Iowa Code Chapter 236A defines and describes issues of confidentiality
specific to victim services. Victim services personnel shall be afforded
courteous and respectful treatment as they must honor the law
reciprocally.
H. HOSTAGE SITUATIONS
As a hostage situation becomes apparent to the investigating officer, and /
or ECO, the watch commander / supervisor shall be immediately notified.
Following an assessment of the circumstances, a determination shall be
made as to strategy of implementation. Special Response Team (SRT)
protocol and personnel may determine this strategy.
I. OFFICER TRAINING
In addition to initial domestic abuse training at the Iowa Law Enforcement
Academy, the Iowa City Police Department will routinely offer training in
regard to domestic abuse. Training will be provided by both in-house
staff, as well as utilizing outside authorities.
:,~ J. OFFICERS CHARGED WITH DOMESTIC VIOLENCE
r": ::;:,E~I , Concerning application of Iowa Law, should a law enforcement officer be
, i ~ ' '~ ',?arrested for domestic abuse, they will be treated equitably as would any
~-~:..:' o_.ther citizen. Likewise, the Iowa City Police Department will adhere to the
~, :"
,, .~,'~ederal Lautenberg Amendment concerning the possession of firearms
,-: ~ ~"/~_ould a domestic abuse conviction occur, within this jurisdiction, or any
'.. _.other within the United States.
In respondin9 to a domestic abuse call for assistance, should it be known
that any sworn officer, of this, or any other law enforcement agency, in or
out-of-state, are identified as a suspect, the watch commander /
supervisor will be immediately notified. Additionally, the watch
commander / supervisor shall be notified if any other employee of the Iowa
City Police Department is arrested for domestic abuse.
In the event that any officer or employee of the Iowa City Police
Department is arrested for domestic abuse, or involved as a victim of a
domestic assault, or is a suspect but not arrested for a domestic assault,
appropriate referrals for services and assistance will be made. Internal
0PS-14.11
Investigations will be conducted as warranted. A copy of the report on
such an incident shall be forwarded to the Office of the Chief of Police.
R. J. Winkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
civil proceeding. The department policy should not be construed as a creation of
higher legal standard of safety or care in an evidentiary sense with respect to
third-party claims. Violations of this directive will only form the basis for
departmental administrative sanctions.
_ .~.~ OPS-13.1
VEHICLE
CRASHES
99-09
Effective Date ~ Section Code
October 11, 1999 OPS-13
C.A.L.E.A. I Reference
61.1.1, 61.2.1-4, 61.3.1-3
INDEX AS:
Vehicle Crashes Traffic Control
Accidents Traffic Direction
Accident Investigation Impounds
I, PURPOSE
The ultimate goal of traffic enforcement is to reduce the number .~r~d sev~'rity of
vehicle crashes. Motor vehicle crashes continue to be a health and safet~,')ssue
facing our community; these crashes can result in significant injuries and death to
persons of all ages, along with a significant amount of prope~y damage. Creating
a safe motoring community can be achieved through education to citizens,
liaisons and pa~nerships with other agencies within the ~mmunity to promote
safe driving, and preventative patrol combined with enforcement by officers.
II. POLICY
It is the policy of the Iowa City Police Department to report motor vehicle crashes
pursuant to Iowa law. Members of the Department will investigate crashes in an
attempt to determine the cause and identify violations of Federal or State law and/or
City ordinance. Officers will enforce applicable laws consistent with the department's
general order pertaining to Traffic. When called upon the Department will assist other
departments or agencies in identifying and/or minimizing potential hazards to the
motoring public.
OPS 13.2
III. DEFINITIONS
IV. PROCEDURES
MOTOR VEHICLE CRASHES
The Iowa City Police Department will respond to all vehicle crashes which occur
within the corporate limits of Iowa City. Members of this department will comply
with state reporting requirements. (See Iowa Code 321.266) In incidents that do
not meet the state mandated reporting requirements, officers will respond and
will fill out an "accident report" for submission to Iowa City Police Department
records section. All accidents will be sufficiently investigated to determine the
facts surrounding the accident. In addition to the before mentioned reporting
and investigation guidelines, the following motor vehicle crash investigation
guidelines should be adhered to.
A. 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. Whenever possible he/she
should be assisted by an officer trained through the technical level in accident
investigation. When it is necessary to call an off duty investigator to assist a
Reconstructionist, preference may be given to calling another
Reconstructionist if available.
t-- B:': In instances where a motor vehicle crash results in an injury, the first
E'. . ~ ?' .responding officer should consider the severity and nature of the injury in
r', :: '~ determining whether to call an accident investigator to the scene. If an
',"T .....accident investigator is not immediately available the officer should contact a
~ ....i-- watch supervisor, who may authorize the call-in of an off duty accident
,~,~'2. - .investigator.
·; ':; ~.5 When a Technical Accident Investigator or an Accident Reconstructionist
~: "is called to the scene, they shall complete their investigation within 30-
days. If the report is not completed within this period, the Watch
Commander shall inform the Commanding Officer of Field Operations of
,~he fact, along with the reasons why the report has not been completed
and an anticipated date for completion of the report.
C. 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. This includes instances where a city vehicle is involved in an injury
crash, regardless of "fault". In these instances, 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. He/she will forward the
reports to the City Attomey's Office and to other city departments as
requested.
OPS 13.3
D. Hit and Run Crashes. Hit and run crashes will be investigated to the extent
possible. Upon arrival at the scene the responding officer should broadcast
any suspect vehicle or driver information as soon as possible.
E. Crashes involving intoxicated, impaired, drugged or ". 02" drivers should be
investigated according to applicable departmental procedures. The
involvement of alcohol or drugs should be handled according to specific
departmental policies/procedures pertaining to OWl. In instances where the
consumption of alcohol or drugs is suspected and serious injury or fatality
results, the officer should notify a watch supervisor. The supervisor or officer
may contact the on-call county attorney for advice on how tO proceed.
F. In incidents in which a commercial carrier carrying hazardous materials is
involved in a motor vehicle crash, officers will comply with departmental
guidelines relating to commercial carriers. If the crash results in a breach of a
container or a discharge from a container, the officer shall immediately notify
communications who should then notify a watch supervisor. If possible, the
officer will evacuate the immediate area around the vehicle until the response
of the Iowa City Fire Department. The Iowa City Fire Department will be
notified and will make the determination if the Johnson County HAZMAT team
will be requested to respond to the scene. The Iowa City Fire Department or,
if applicable the Johnson County HAZMAT team, will have primary
responsibility pertaining to any discharge of hazardous materials from a
vehicle involved in a motor vehicle crash. The responding Fire or HAZMAT
supervisor will determine the extent of any evacuation. Officers should
attempt to ensure that the hazardous material reporting requirements in the
Code of Iowa are complied with. An officer trained through the technical level
of accident investigation should be called to the scene in which there is a
discharge of hazardous materials from a commercial carrier. (In incidents
involving hazardous materials, SAFETY is the paramount consideration.)
G. In incidents where the persons involved in a motor vehicle ~:r_ash become
engaged in a dispute, officers should expedite their response=~tO..the Scene.
Upon arrival the officer(s) should take charge of the scene and%separate the
confronting parties. · '
H. If a motor vehicle crash results in major congestion, the first' :responding'!
officer should request additional units as available to assist in tra,ffic control..
In instances where there are no injuries and the resulting congestion posses
a hazard to the motoring public, the officer may consider movin~"the inv<~lved
vehicle(s). If this is not practical or possible the officer(s) may elect to
establish a safe traffic pattern and wait for additional units prior to initiating
any investigation or report related to the crash.
i. In instances where damage to a vehicle is such that the vehicle is inoperable
or unsafe to operate, the officer should ensure the vehicle is either in position
where it will not impede or obstruct the safe flow of traffic or see that the
vehicle is removed from the scene. When an operator elects to have their
OPS 13.4
vehicle towed, the officer should try to honor their choice in towing services
provided the service can respond in a reasonable amount of time. In
instances where the operator is unable to remain at the scene the officer may
contact the towing service requested by the operator, or if they signify no
preference, contact the service, which currently is under contract with the city.
Removal of a vehicle from an accident scene, in and of itself, does not
constitute an impound of the vehicle.
J. In instances where the operator is unable to indicate a preference for the
disposition of their vehicle and property and there is no one present to act on
behalf of the operator, the officer should ensure the property belonging to the
crash victim is protected. If there are items of value in the vehicle, the officer
may take control of the property for safekeeping. If an officer takes control of
the property of an accident victim, it shall be documented on a property form
and submitted to the departmental property custodian.
K. In instances where an accident investigator requests a vehicle be impounded,
the department meml~er handling the tow will follow departmental guidelines
pertaining to impounds. There should be a hold placed on the vehicle under
the investigating officers name. No property should be released from the
interior of the vehicle without the authodzation of the investigating officer. In
instances where a person requests personal belongings from the interior of a
"held" vehicle, and the investigator is unable to be reached, a supervisor may
elect to approve the release of certain personal property from the vehicle. In
c-~ ~, these instances, the supervisor approving the release will accompany the
,'!'"~::~7" person to the impound facility and will deliver the requested item(s) to the
· , :'-%~: person. At no time should the person be allowed to have physical contact
', '~'1 '.': "with the vehicle. The authorizing supervisor will initiate a report detailing the
~ .~' -' Circumstances surrounding the release.
: - .: _.:.
:~' : ~.~TCVatch supervisors have the authority to suspend accident investigations
'involving only property damage during emergency situations. These may
include, but are not limited to, snow or ice emergencies when the number of
accidents is such that it is not possible to, respond to each location, or an
emergency operation in which the majodty of the available officers are
engaged in an emergency type situation. In these types of incidents, the
caller should be advised that there is not currently personnel available to
respond and be requested to contact the department in person or on the
phone sometime after the start of the following watch. The communications
person receiving the call should obtain all available information for entry in the
CAD system.
M. The Iowa City Police Department will use the expertise of the City of Iowa City
Traffic Engineering office to analyze data pertaining to motor vehicle crashes
within the city. Using the analysis provided by Traffic Engineering the
department will implement traffic enforcement strategies to minimize the
number and severity of motor vehicle crashes. On an annual basis the
supervisor in charge of traffic enforcement will analyze and review the current
OPS 13.5
traffic enforcement activities and compare it with the data from previous
years.
Officers assigned to a motor vehicle accident will respond promptly and proceed
to the scene as quickly as traffic conditions allow. Response will be guided by
departmental vehicle operations guidelines.
A. During the approach to the scene, officers should be alert for conditions or
factors which may be related to the crash.
B. Upon arrival at the scene, the officer(s) should park in a manner to best
protect the scene and minimize danger to the public.
C. The first responding officer will then attempt to identify situations, which will
require immediate attention or additional assistance such as injuries,
HAZMAT situations, or fire, and should request additional police or rescue
units as appropriate.
D. If injuries are present the initial officer should render immediate care to the
greatest extent possible.
E. Once care of the injured is insured and the scene is protected.~o the: extent
possible the officer should determine if the assistance of~Z~l'r~' aCcldent,-~
nvest gator s requ red or needed. If so, commun cat ons shoUl'd~e ad'~ised.~.::
of the situation and notification made. ~ . - --'
F. In cases of injury or death the initial officer should attempt t~::~'i~Cate' ~nd
identify any potential witnesses. This includes the dent~catO~1~f ir~,[t~'ed
parties and passengers as well as onlookers. -" --J
G. Once the scene is secured and witnesses identified, the first responding
officer should attempt to locate and, if possible, document any evidence. If
assistance is needed for the documentation of evidence the officer may
contact an accident investigator or Crime Scene Technician (CST) depending
on ~he type of evidence to be documented. All evidence collected shall be
handled according to departmental guidelines on evidence. If it is
determined that the scene extends beyond the point initially protected by the
officer, the expanded scene should be protected to the greatest extent
possible prior to completion of documentation or evidence collection.
The first responding officer is responsible for the completion of all required
reports unless relieved of the responsibility by a supervisor. In instances where
an accident investigator(s) responds to the scene, he/she will be responsible for
the technical investigation of the crash and all technical reports relative to the
investigation. In situations where more than one accident investigator is
involved, the officer trained to the highest level will be designated the lead
investigator. If two investigators of equal training are on scene, the person with
greater experience in the field shall be the lead investigator. The lead
OPS 13.6
investigator may call additional investigators as necessary with the approval of
an on duty watch supervisor. If a commercial vehicle is involved in the crash, the
lead investigator may request the assistance of personnel trained in commercial
vehicle inspections. If assistance is needed in the collection or documentation of
evidence, the lead investigator may call for the assistance of a CST.
In instances where the victims/witnesses have been transported or otherwise left
the scene, the lead investigator may, with the approval of a watch supervisor,
make arrangements to have the parties interviewed and/or statements recorded.
These interviews may be by one of the investigators or another officer assigned
to the task. If the interview is to be conducted by someone other than one of the
accident investigators, the interviewer should be provided a list of issues which
the investigator(s) wish to be covered. In instances where the vehicle is
impounded for investigation, the lead investigator may make arrangements for
inspecting, documenting or otherwise viewing the vehicle at a future time. The
lead investigator may make arrangements to consult with other city departments
i.e. traffic engineering, streets, as needed.
When a member of the Iowa City Police Department receives a complaint or
concern relative to traffic safety or traffic engineering, the receiving member will
document the information to the greatest extent possible. If the question is one,
which requires further investigation or research, the concern/request should be
forwarded to the Traffic Engineering Planner. The Sergeant in charge of
planning and research will forward motor vehicle crash data to the Traffic
Engineering Planner.
TRAFFIC DIRECTION AND CONTROL
The purpose of this section is to establish procedures for traffic direction and
control.
A. Manual Traffic Direction
1. Manual traffic direction will be used in situations when there is a failure of
: :' -~' normal traffic control signals, during emergencies, at accidents, or when
,,-..,. ~ i~ - other traffic control devices are not present or adequate.
.- : :.'~- 2. Effective manual traffic direction is dependent upon the use of clear and
~" = ' ~asily understood gestures and the high visibility of the person directing
~':"~ ,' - traffic.
EL_ - _.- 3: In order to provide for officer safety and driver recognition and response,
,L2; !!: reflective, high visibility vests are provided in patrol vehicle. All personnel
~ directing traffic should wear the provided vests.
4. Members performing traffic direction and control will ensure that their
presence and purpose are appropriately indicated to drivers and
pedestrians. This may be accomplished by positioning so that they can
clearly be seen by all parties.
5. Officers directing traffic may utilize flashlights, traffic wand, road flares,
and/or traffic cones while manually directing traffic. These will be used in
a manner to enhance visibility.
OPS 13.7
6. Officers will remain calm and professional whenever directing traffic.
When drivers or pedestrians fail to understand or obey hand signals, the
officer will handle these instances with professionalism.
7. Signals and Commands
8. Manual signals for traffic direction should be consistent with departmental
training.
B. Emergency Traffic Direction
1. Fire Scenes: Members of this department will assist fire operations by:
2. consulting with the fire officer in charge of a scene to determine their
needs;
3. providing protection for the fire scone and for fire rescue equipment
4. setting up perimeter traffic control points to allow for the entrance and exit
of emergency vehicles and personnel authorized to be at the scene;
C. Adverse Road and Weather Conditions
Adverse road and weather conditions may include but are not limited to:
1. accident hazards such as debds, downed power lines, fallen poles,
hazardous material spill/leak;
2. acts of nature such as snow, ice, and flooding
Upon discovering an adverse road or weather condition affecting safe
roadway travel, members of this department are expected to notify
communications and the watch supervisor. A decision will be made as to how
best correct or control the situation. The supervisor may direct that the
appropriate city department be notified of and asked to respond to the
incident.
Members of the Iowa City Police Department will provide Lr~affic direction,
control services and scene protection when the presence of ady_~..rs.e road and
weather conditions warrant such steps. Direction or control wil!.!be maintained
until appropriate steps have been take to alleviate the situations;- : ·
D. Manual Operation of Traffic Signals
1. Manual operation of traffic control signals may be necessary:~l:,the Case
accidents or other emergencies, or to alleviate traffic conge.s~on resulting
from a specific event. '"
2. In instances of a traffic signal mallunction, the lights may be set on "flash"
mode if this will not cause undue problems, until the appropriate agency or
department can respond to correct the problem.
E. Temporary Traffic Control Device
1. Temporary traffic control devices may be used in either pre-planned
events or to serve as a temporary measure for unusual or emergency
situations. In the event that a temporary traffic control device is used, due
to an emergency situation, contact will be made with the agency or
department who is responsible for the applicable readway or signal.
Officers should periodically check any temporary traffic control devices in
OPS 13.8
their area to ensure that they are situated appropriately, or at times of high
traffic volume, require additional traffic control efforts.
2. In instances where a temporary traffic control device will be in place for an
~ extended duration, the commander of the day watch will make contact
--~with the appropriate department or agency; of the location, nature and
,~\ .. / ~-
-..: ~ '. reason for the temporary device; and will request they review the nature
i_... ::-.~·-~ :?: and placement of the device for appropriateness.
I ,
..... : ,-- '.~:':3. When temporary traffic control devices have been placed by a private
i:i:- c'~ ' -'--' contractor or a entity of the City, due to construction, it shall be the
L-' ..... -::: <": responsibility of the placing entity to erect, place and maintain all such
.~i? O, devices. Officers should periodically check construction sites in their area
~-- ' to determine the integrity and effectiveness of the device. If a device is
not in place, not functioning, not visible or otherwise creates a hazard for
the motoring public, the placing entity should be contacted to correct the
situation.
MOTORIST ASSISTS
A. Disabled vehicles on the roadway present a hazard both to the stranded
motorist and to other roadway users. For this reason, officers will offer
reasonable assistance when possible to motorists who appear to be in need
of assistance.
B. Stranded motorists should not be left gnattended when they appear to be
exposed to hazardous situations. Due consideration shall be afforded
stranded motorists for factors that contribute to hazardous conditions such as;
location, time of day, weather, and current priority of calls for service. When
circumstances preclude an officer from remaining with the motorist, steps
should be taken to enhance the visibility of the vehicle and to warn oncoming
drivers of the hazard.
C. Officers should freely and courteously provide information and directions
when asked, and shall attempt to remain familiar with various services and
facilities available to help motorist. I.e., 24 hour services.
D. Officers may, with supervisory approval, transport stranded motorists to the
nellrest convenient location where assistance may be obtained.
E. When hazardous weather conditions exist, communications may be directed
tO disseminate road hazard, travel and road closing information within the city,
or refer citizens to the roadway condition number where such information may
be obtained.
F. In the event that the operator of a disabled vehicle is unable to obtain their
own towing service, or have no preference, the officer may request
communications contact an available towing company.
OPS 13.9
G. If emergency medical or fire assistance is needed, the officer will notify
communications of the nature of the emergency and request the services the
officer feels are necessary.
H. A member of this department should not physically push or repair stalled
vehicles, jump-start, or change a tire on any vehicle not owned by the City,
except in emergency situations.
When an officer comes across a roadway hazard the officer should take steps
alleviate or minimize the potential hazard. The officer should notify
communications of the nature and location of the hazard and request that
communications contact the appropriate agency or department to correct the
situation. If the hazard is discovered after '!regular" business hours, the
communications should forward the request for service to the appropriate
department the next business day. In instances where the hazard is such that
some type of traffic control device is needed control the hazard, the officer may
arrange to pickup the needed device him/herself or contact the Streets
Department to respond with the necessary devices. In instances where the
hazard is such that immediate repair is required, the officer should request
communications page the appropriate department, advise them of the location
and nature of the hazard and request they respond to the scene.
VEHICLE IMPOUNDS
Members of this department may encounter a variety of circumstance~equiring
the impound of a motor vehicle. These actions are to be guided by state code
and/or city ordinance.
When the operator of a motor vehicle is arrested the following guidelines shoUi~l
be adhered to. ~i" '-'.
A. Vehicles requiring identification processing or use in follow-up investigatioffs
should be impounded. The officer should request the towing company place
the vehicle in a secured facility.
B. If the operator of the vehicle is the owner, leaseholder, or immediate family
member of the owner/lease holder, the vehicle may be released to an eligible
driver on the scene, with the permission of the operator.
C. If there is not an eligible driver available, the officer may impound the vehicle.
In instances where the vehicle is impounded pursuant to an arrest, the
department member impounding the vehicle will complete an Iowa City Police
Impound Report. When appropriate, the keys should be placed in the
possession of the operator of the vehicle. The arresting officer may search
the vehicle incident to arrest. The impounding member may inventory the
vehicle. In all instances, the impounding party shall note items of value.
D. If there is not an eligible driver available, the officer, with the permission of the
operator may elect to park the vehicle in an appropriate location. If the
OPS 13.10
vehicle is parked, the location should be noted and the vehicle operator
advised of the location. If there are items of value or weapons in the vehicle,
the officer should consider taking these items into his/her possession. In
these instances, a property form shall be completed and the items submitted
to the property custodian.
E. in instances where a driver is taken into custody for an .02 investigation, the
preferred action is to park the vehicle. When the situation is such that this is
not practical, the officer may impound the vehicle.
F. Upon recovering a stolen vehicle, the officer should request communications
contact the originating agency. To the greatest extent possible the recovering
-:- officer should honor the requests of the originating agency. In instances
-/'~:< where the originating agency is not able to respond within a reasonable
t. amount of time, or at their request, the officer may impound the vehicle. If the
' ~'-' Iowa City Police Department is the originating agency the vehicle may be held
· -' ~for processing., If a decision is made not to process the vehicle, or upon
~:~.:!.c:.ompletion of the processing, the officer should contact the reporting party
"~ ~_eference the recovery of the vehicle. The status of any keys, valuables, and
vehicle condition should be provided if known. If the vehicle is legally parked
and the victim wishes the vehicle left at the present location, the officer may
leave the vehicle where parked. If the victim cannot be contacted or the
vehicle is parked in an illegal or hazardous manner or the victim is unable to
respond in a reasonable amount of time the officer should impound the
vehicle.
When a vehicle is parked or left in such a manner as to create a hazard, or is
otherwise abandoned, members of this department may impound the vehicle
pursuant to chapter 321.89 of the Code of Iowa. In these instances, the officer
shall complete an Iowa City Police Impound Report.
When a member of this department is requested to impound a motor vehicle from
private property, the impounding officer shall complete an Iowa City Police
Impound Report. The person in control of the private property must sign the
authorization form on the impound report prior to the impound of the vehicle. If
the offii:er is unsure as to the authority of the party requesting the tow, the officer
should request written documentation from the person. Officers should not
unlock a vehicle to inventory the contents when impounded from "private
property".
When vehicles are impounded by a member of this department, the impounding
officer shall complete an Iowa City Police Impound Report. This report should be
turned into communications as time permits, but no later than the end of the
watch. The records pertaining to vehicle impounds will be kept in their original
form for a period of three years, The computer entry of these records will be kept
for a period of at least five years. The auction of unclaimed vehicles will comply
with all applicable laws and requirements.
OPS 13.11
When a person requests the release of an impounded vehicle, the person
handling the request should ask for identification from the person making the
request. A vehicle may be released to an owner, leaseholder, or member listed
on the registration. If the person requesting the release of the vehicle is other
than those listed above, a watch supervisor should be called to make the
determination as to the release of the vehicle.
~J~Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directlye will only form the basis for departmental
administrative sanctions.