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HomeMy WebLinkAbout01-09-2001 ICPD Reports/Memos MEMORANDUM TO: Members of the Police Citizen's Review Board FROM: R.J. Winkelhake, Chief of Police RE: PCRB #00-04 DATE: December 21,2000 During the course of this investigation of PCRB 00-04 the complainant chose to take part in an informal mediation. The complainant met with the investigator before the informal medication and the process was explained. The complainant then met with the officers and the officers watch commander. The complainant was able to address his concern with the officer and watch commander. Together they were able to review the complaint and able to discuss each issue. At the conclusion of the discussion the complainant was satisfied with the results and viewed the complaint as a closed matter. The complainant signed a memo stating that he was satisfied and does not wish to pursue the complaint. November 8, 2000 Chief R. J. Winkelhake, I met with Officer -790206 & 700415 on this date for mediation of PCRB Complaint #00-0~, After informal mediation I am satisfied and do not wish to pursue the complaint any further. Gia'fini Oomito Marian Karr From: media@iowa-city.org Sent: Sunday. December 17, 2000 10:55 AM ~: marian_karr@iowa-city.org subject: RELEASE: Traffic Stop Demographics Contact: Sgt. Bill Campbell - Iowa City Police Department Phone: (319) 356-5293 Date: 12-17-2000 Time: 10:35 am Authority of: Chief R.J. Winkelhake The Iowa City Police Department compiles race and sex demographic information on drivers of vehicles stopped by members of the department. Below are the totals for each demographic catagory, from January 2000 through November 2000. Male White - 7,967 Male Black - 782 Male Hispanic - 224 Male Asian - 271 Male Other - 163 Male Unknown - 38 Female White - 4,852 Female Black - 328 Female Hispanic - 86 Female Asian - 125 ~male Other - 40 ~male Unknown - 14 Unknown - 5 TOTAL - 14,895 You may view past media releases at http://www.iowa-city.org/media_releases.asp To unsubscribe to this mailing list, please go to http://www.iowa-city.org/mailing/mailing.pl and enter your email address. Then uncheck the lists from which you wish to unsubscribe. Local Thursday, January 4, Iowa City Press-Citizen 200 iowa City Vehicle-stop numbers released The Iowa City Police Department compiled race and sex demographic mlbr- mation on drivers of vel~cles stopped by members of the deparUnent. Below are the numbers for each demograpl~c cate- gory from January 2000 through December 2000: · Male, whim: 8,583 · Male, black: 839 · Male, Hispan/c: 244 · Male, Asian: 293 · Male, otben 172 · Male, anknown: 41 · Female, white: 5,184 · Female, black: 348 · Female, Hisp~nic: 91 · Female, Asian: 138 · Female, other. 45 · Female, m~mown: 15 · Unknown: 5 Total: 15,998 Iowa City Police Department December 2000 TACTICAL DECEPTION Workin,q With Persons With TALKING SUSPECTS INTO CUSTODY Disabilities BYANDREWJ. BORRELLO Adapted from: Model Policy ADA It is estimated that there are 43 million people in the As Police Officers, we have been trained and entrusted United States with a disability. These are general to be honest and ethical in all areas of our job. These divided into physical or mental disabilities. The Police are qualities and characteristics expected of our Department is obligated and determined to provide the profession by statute and policy. There are, however, full range of services to persons with disabilities. occasions during the performance of our duties when These services require that personnel recognize we, as Police Officers, can and should deceive, symptoms of a disability, sensitivity and appropriate mislead, cause deception, and temporarily hide the support when dealing with persons with disability, truth. However you want to label it, this form of access to interpreters as needed, and access to deception is done to afford an Officer with enhanced necessary departmental and non-departmental control providing an added margin of safety. This is resources. Departmental personnel must take the Tactical Deception. steps necessary to assist people with disabilities in An officer determines during a traffic stop that a male is accessing the full range of immediate and follow-up under the influence of alcohol and will be arrested. He services provided by the Iowa City Police Department. or she has a back-up officer but this male is 6-5, Following is a brief discussion of various types of weighs 250 pounds, he is nervous and agitated, and disabilities. has verbally made it clear that he does not want to go to jail The officer tells the man he js under arrest and Visual Disabilities to put his hands behind his back or goes to initiate a One of the most important steps an officer can take hands on control hold which also alerts the suspect, it's when dealing with a person who is blind or visually time to go to jail. The suspect begins a violent struggle impaired is to identify themselves as a member of the to escape and the fight is on. The suspect may get department. When responding to a residence this may hurt, the Officers may get hurt, but either way an entail having the ECO contact the person and advise unnecessary altercation and use of force has occurred. that the officer is on scene. If meeting with a person in With the application of tactical deception, the a public case allowing them to touch a badge may serve to reassure them that they are in fact dealing with continued on page 2 the police. Officers should avoid taking the person by the arm in an attempt to guide him/her. If assistance is needed, they may seek your arm. INSIDE THIS ISSUE Mental, Emotional, and Psychological Disabilities I Tactical Deception The terms "mental illness", "emotional illness" and "psychological illness", describe a group of disabilities I Persons With Disabilities causing disturbances in thinking, feeling, and relating. It has been estimated that 10 percent of the population 4 Runaway or Abduction have some type of mental illness. Dealing with these type disabilities usually requires providing only general assistance, but may require time and patience beyond that usually provided. If involved in a custodial situation, the presence of a family member or friend may be useful in calming the individual. Officers should use the least amount of restraint neces~ar~ct~n~.~4~ training I continued from page 1 aforementioned scenario may have a different that he has no weapons, The suspect believing that outcome. After the Officer determined the man is to be freedom is near is only too happy to comply with my arrested for driving under the influence under all the wishes. I can now safely and easily apply a powerful same conditions as listed in example #1, he or she control hold, conduct my search, and then tell the tells the suspect that he will be allowed to walk home suspect that he is under arrest while the handcuffs are after a license check is completed. The officer then safely being applied. By doing this, I have given myself calls for two additional Officers to assist in the arrest added control which enhanced my level of safety. based on the size and disposition of the suspect. By These are but a few of the many situations tactical temporarily deceiving the suspect, tactically, the deception can be applied to give added safety to Officer bought him or herself more time and doubled Officers in otherwise potentially adverse situations. the manpower, 4 to 1 instead of 2 to 1. Now the The key is to be clever and use your imagination. arresting Officer can make the arrest and if a fight Now the question arises, "How can Police Officers not ensues, the officers safety factor and advantage has telling the truth be ethical?" Police Officers are been greatly increased. Additionally, many suspects supposed to be honest, have integrity, and tell the would think a lot harder on their capabilities to escape truth. When an Officer uses any of his or her or their will to fight when facing 4 Officers as opposed resources, skills, training, and experience to his or her to 2. advantage and this advantage resulted in a fight not Have you ever contacted an addict who was under the occurring, or an officer not getting hurt, or a suspect influence but was uncooperative with your evaluation? unable to escape, then that action can be labeled as Try telling him/her that you understand their problem smart Police work. Temporary deception, applied as you have a close relative who has been an addict correctly, is smart police work. Seasoned patrol for years and ask for some advice. Many addicts veterans use it daily, experienced police interviewers respond to this tactical deception with great depend on it, and injury has been avoided more than enthusiasm and become very cooperative. How about once because of it. If a defense attorney asked me in the husband that beat his wife and will fight before he front of a jury why I lied to the defendant, inferring that gets arrested? Try telling him that the situation is not this type of action was wrong or unethical, my answer his fault and that it appears to you that the whole thing would be something like this: is a big misunderstanding. Follow this by saying that "1 did not immediately tell the defendant the truth you don't want to arrest him but the law forces you to based upon his aggressive actions which led me to do it and that it will help him to get away for the night. believe, based on my training and experience, that a This does not work all the time, nothing does, but fight or escape would happen. I temporarily mislead these two simple sentences can get many suspects on the defendant until my back-up officers arrived and your side as you safely talk him into handcuffs. until the situation could be controlled without me or my How about gang members who are often violent, carry fellow officers getting hurt and to avoid any use of weapons, or run. Gang members hate to lose face in force on the defendant. Once control was front of their associates and especially in front of accomplished, I advised the defendant that he was females and often fight or become uncooperative with under arrest and took him safely into custody without Police to prove themselves. In certain situations, try incident and nobody was hurt." telling a gang member to be arrested and who you Now, if it is not painfully clear, temporary deception, believe may fight or attempt escape, that he is the only used by officers for safety reasons, to stall for time, or one in the group with guts enough to not always run to avoid an impending altercation is a valuable tactic. when the police come. By saying this simple sentence, Deception or dishonesty in any other form such as in or similar applicable sentence, you have lifted his report writing, testimony, etc. has no place in law status a couple notches and especially if you say it so enforcement. others can hear it. You have given the suspect what he Naturally tactical deception is not needed in every wants most, respect from an authority figure. You may arrest, however, it is a tool among many others we also tell him that it would be a bad idea to fight as his have that can be utilized to our advantage. Tactical friends would lose respect for him if he is seen taken deception can be a great asset providing for increased into custody by force. Tell him a man is not afraid to go safety, better control of situations, and to avoid uses of to jail. The key words the gang member hears are man force on suspects. Unethical behavior or smart Police and afraid. He wants to be considered a man and work. You bethejudge. never be seen as afraid. As you can see, this tactic can be applied to many situations, domestic violence, persons under the - , influence, gang member contacts, as well as many r other types of arrest situations. Another example of ': tactical deception I have found successful is at the point of arrest, I tell the suspect that before I leave the scene I first need do a quick search to double check · ' training 2 continued from page 1 UPCOMING TRAINING ~'-~-~ ~:::i"'j take the person in to custody. Depadmentalpersonnel ' should consider referring or seeking assistance from The following is a listing of training, ,/vh ch MAY be available. appropriate outside agencies. DO NOT consider this a posting. Any' rSque~t to 'atten~ based on this listing will not be co,~sidered a request to Mental Retardation attend. , , Mental retardation encompasses a broad range of :- developmental disabilities ranging from mild to "' "~ profound. Mental retardation and mental illness are CALENDAR OF EVENTS separate and distinct conditions with no similarity. When dealing with person of limited intellectual TRAINING EVENT functioning officers should consider asking shor~ PLACE MONTGOMERY HALL questions, be patient while waiting for a response, and DATE BEGINNING 1/8/01 5 CONSECUTIVE WEEKS be willing to repeat question as necessary. If a family MATS member or friend is available, they may be invaluable in assisting with the subject. When dealing with TRAINING EVENT someone who is lost, accompanying the person through a building or neighborhood to seek visual PLACE MTTU IV clues may prove of benefit. DATE 02/12-16/01 Criminal Investigative Techniques Mobility Impairments Among the most identifiable are those persons with TRAINING EVENT mobility impairments. When responding to an emergency call involving a person with a mobility PLACE MTTU IV impairment, officers should be cognizant of the safest DATa 03/12-16/01 and most rapid method of assisting the person without Decision Making for Law Enforcement Officers (Use of Force causing unnecessary strain or injury. In an arrest Training involving classroom and use of simunition) situation, once the person is secure and safety issues are resolved, consideration should be given to the TRAINING EVENT return Of any mobility aids. PLACE CRPD RANGE "Invisible" Disabilities DATE WEEKOFMAY21ST Many disabilities are difficult to notice. Officers must Spring Firearm qualification/training realize that the involuntary behavior associated with some of these disabilities may resemble behavior characteristics of intoxication or disorderly conduct. I.e. epilepsy, diabetes or tourette's syndrome. An CONSTRUCTIVE POSSESSION officer's patience and understanding of the characteristics commonly associated with "invisible" In July and August, the County Atty. provided disabilities will assist in coming to a successful information for the bulletin and WT relating to outcome. As with other types of disabilities, the constructive and actual possession. This was presence of family members or friends may be useful emphasized again in a coud case in the Sept. Bulletin. in providing information. On Nov. 16, 2000 the Iowa Supreme Court decided State v Atkinson, which again reiterates the necessity Speech and Hearing disabilities for determining the extent to which a person is As exemplified in other training, a person's failure to connected to the contents (contraband) contained in a comply or respond to verbal commands does not vehicle. In this case the court states ...When the always constitute defiance, but may be the result of a controlled substance is found in a car there are factors hearing impairment. When dealing with the hearing to be considered in whether the defendant had impaired, officers need to take extra time to ensure knowledge of its existence, such as: contraband in that they have adequately communicated with the plain view of the defendant, with the defendant's hearing impaired. In custodial situations it is of the personal effects, found on same side of the car as the utmost importance that officers take steps to see that defendant, the defendant is owner of vehicle, and the rights of the hearing impaired are protected. suspicious activity by the defendant. In this case, the When responding to calls involving persons with State proved only that the defendant had engaged in suspicious activity. The defendanrs close proximity to disabilities, you have an obligation to ensure that the the contraband is insufficient alone to establish her person with disabilities services and protections dominion and control of it .... comparable to those provided those without training 3 Runaway or Abduction past. If so where did the child go? Throughout the Assessment Tools for Patrol Officers interview process the officer should attempt to establish if the absence is a significant deviation from When a child disappears, the responding officer must established patterns of behavior. Through interviews make the determination as to the extent of the the officer should develop and verify as thoroughly as response. The identification of a case as runaway possible a timeline of the child's last known activities, when in fact it is abduction may decrease the identify habits, hobbies, interests and identify the likelihood of the child being safely returned. This is known "comfort zone" of the child. How much time exacerbated by the fact that there are approximately transpired between the child's last known activity and 450,000 runaways in the United States at any given the parent's repod? Note any changes in behavior or time. Without obvious indicators of abduction, such as activity, identify any traumatic or stressful events, Did a witness, statistics indicate that the child is most likely the child exhibit any "runaway" gestures such as a runaway. If officers work on the assumption that it is staying out all night, threats, or other behavior that was a runaway, evidence of abduction may often be contrary to normal or accepted behavior. Are there overlooked. indications of child abuse within the residence? Additionally eftotis should be made to identify and Assessing the Situation interview friends, teachers or others who regularly had The responding officers initial assessment will have a contact with the child. Who would the child go to receive assistance? great impact on the outcome of the missing child case and may determine whether the child is recovered and Scene Assessment - A search of the missing child's returned home safely. No other investigation is as time sensitive. If abduction is erroneously classified as residence can provide information that may assist in a runaway, crucial investigative oppodunities may be determining if the incident is a runaway or abduction. jeopardized. To assess a missing child repod Are there signs of forced entry? Is the child's room in a accurately. the responding officer must explore the different state than normal. Are there things missing child's lifestyle and behaviors. In addition the officer from the child's room, i.e. clothes, toiletdes, must assess whether a voluntary departure is medications, favorite objects? Does the child have consistent with the child's behavior pattern. Officers access to money, credit cards, transportation, and should determine if the child is living with both parents have they been accessed. This would indicate the or if there is a non-custodial or a shared custody disappearance was preplanned. Additionally officers parent who may have the child or know of their should consider a thorough search of the property. A whereabouts. second officer may do this while the initial officer continues their interview with the parent(s). Officers should interview parents separately from other ' :: family members. During the parental interview, officer should compile a physical description of the child, a - : ":"! cloth ing description if available, and a current , f: ' photograph. Determine if the child has runaway in the This and That :' · In 1998, 15,935 fatalities and 305,000 injuries were related to impaired driving, accounting for one fatality nearly every 33 minutes and one injury every two minutes. Additionally, traffic-related crashes annually result in more than $45 billion in economic costs. Reminder: When completing a Use of Force report, in the "Type of Incident" box, you need to specify the original reason for contact with the subject. If you end up using force on someone resulting from your stopping a person for another officer you need to use the original reason for the contact by the originating officer. In State v. Bloomer, decided by the Iowa Supreme Court 10/11/2000, it was determined that although a defendant (suspect/OWl) is entitled to an independent test for alcohol content, that right does not arise until after the defendant completes the test requested by the officer. I "Even if you're on the right track, if you stand still you'll get run over by the train. Will Rogers training 4 i-. L..:,:~;., · t' __ · ...... ,' r~",' IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01 DATE: Dec. 4th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: RR Crossing Violations This weeks watch training deals with RR crossing hazards and violations. The attached video identifies various driver obligations, traffic violations and investigative tips associated with RR crossings. Cc: Chief Winkelhake Capt, Harney Capt. Widmer Watch Training 01-21 RR Grade Crossing Violations Scenario - You are stopped second in line at a RR crossing. There is a moving train vehicle stopped in front of it and the vehicle then accelerates across the tracks. Critical Issues - What is the appropriate charge? Is there a difference between going through flashing RR lights and going around/through a lowered arm? The Code of Iowa has the following requirements and prohibitions relating to RR crossings: 321.304 Prohibited Passing - No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions: . ..2. When approaching within one hundred feet of any narrow bridge, viaduct, or tunnel, when so signposted, or when approaching within one hundred feet of or traversing any intersection or railroad grade crossing. SPECIAL STOPS REQU1RED 321.341 Obedience to signal o f train. When a person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal, crossing gates, a flag person, or otherwise of the immediate approach of a train, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail and shall not proceed until the driver can do so safely. The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. 321.342 Stop at certain railroad crossings--posting warning. The driver of any vehicle approaching a railroad grade crossing across which traffic is regulated by a stop sign, a railroad sign directing traffic to stop or an official traffic control signal displaying a flashing red or steady circular red colored light shall stop prior to crossing the railroad at the first opportunity at either the clearly marked stop line or at a point near the crossing where the driver has a clear view of the approaching railroad traffic. Chapters 321.354 - .358 contain prohibitions on parking within a RR right of way. Discussion - The attached video discusses grade crossing violations. It discusses the obligations of drivers when approaching RR crossings. It also discusses trespassing issues. The RR right of way is private property and persons may be subject to trespassing charges. (TI bonus: what is the misstatement in the video?) IOWA CITY POLICE DEPARTMENT TRAININC BULLETIN ~1-~ DATE: Dec.1 lth, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: WT 01-24 Vehicle Damage Estimates This weeks watch training deals "guestimating vehicle damage." The attached sheets were adapted from "cheat sheets" used by the Iowa State Patrol. You will need to determine where the involved vehicles "fit" in the range. Also there is reference to the new state accident report forms which go into effect on 01/01/01. C,~: Chief Winkelhake Capt. Harney Capt, Widmer Watch Training 01 ~24 . i ..... Vehicle Damage Estimates ....... :" _ o t'. I c. Scenario - You respond to a car deer accident. There is damage to the ffo~,l~art of the,, car. You need to estimate the total amount of damage. ~C'?;:". r ': ~ ' "~)!..:.7\ Critical Issues - What guidelines should I follow when making a "guestimate" of the dollar mount of the damage. What is the dollar value of the deer? What if it struck a loose steer instead? Discussion - Iowa Code Chapter 321.266(2) is as follows: / The driver of a vehicle involved in an accident resulting in injury to or death of any person, or total property damage to an apparent extent of one thousand dollars or more shall also, within seventy-two hours after the accident, forward a written report of the accident to the department. While it is not expected that officers will be able to accurately estimate the amount of damage of vehicles involved in a crash, we should attempt to get a reasonable "ballpark" figure. Most of our estimates involve the under estimation of vehicle damage. The underestimation of damage creates several problems among which are: confusion on the pan of the owner as to the filing of a State Accident Report, Inaccurate data being entered in Records, Inaccurate data being provided to other governmental agencies for use in their decision making process. In the above scenario for figuring total dmnage, a deer would have a value of $00. Livestock or domesticated animals should be placed at their market value. The attached guidelines have been adapted and updated from "cheat sheets" used by the Iowa State Patrol when estimating vehicle damage. The estimates do not include labor, which can voly from shop to shop. Using the attached guidelines if the grill, headlights, hood and windshield were damaged and it were a relatively new mid-priced car, you could estimate the damage at: Grill $200 Headlights $200 Hood $600 Windshield $300 For a total dollar amount of $1300, thus requiring a state accident report to be filled out. (The new forms have abbreviated instructions for car/deer accidents) With the attached cheat sheet you will need to determine where in the range the vehicle(s) involved fit and make your estimate accordingly. Average Repair Costs t ~---' ,,~ -" (does not include labor) Grill $150- 300 ~0~'~;:' "" :' :"}'\/'/'& Windshield $150 - 400 Side windows $150 Hood $400 - 800 Trunk $350 - 500 / Rear hatch/lift gate $600 Rear Window $350 - 700 (higher with defrost Taillights (both) $150 Headlights (both) $150 - 300 Rear fender quarter $550 - 800 Door $300 - 500 Front Fender/Quarter $300 - 600 Roof $700 - 900 Grill $150 - 300 Radiator $350 - 600 Bumper $250 - 700 Wheel $150 - 500 For luxury or "foreign sports cars" add 20% to the higher figure IQWA CITY PQLICF DFPARTMFNT TRAINING BULLETIN DATE: Dec.18th, 2000 TO: Commanders (All Sworn) FROM: k,hurd SUBJECT: WT 01-25 State (Ohio) v Homan This weeks watch training deals in greater detail with State (Ohio) v Homan. This was touched upon briefly in the Nov. Bulletin, but put briefly, when administering SFST officers need to follow the procedures developed by the NHTSA. The Homan decision also pointedly demonstrates the importance of detailed, complete repods. Even though the SFST were not allowed, Homan was convicted based on the observations and documentation of the officer. While not binding on Iowa, the decision was a topic at the Prosecuting Attorneys conference in Nov., which resulted in the Prosecuting Attorneys sending out training information. They fully expect Homan type defenses in the near future. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-2S State v Homan (Ohio) 2331 the whid~ ~d d~t~ct an odor of alcohol I d~vers' liGgnse. You decide to administer field sobriety tes~. Critical Issues - How should the tests be administered. Is there any problem iEl v~ from the procedures established by the ~TSA? Is it possible to obtain a conviction w/o th~ SFSTs? Discussion - ~ State (Ohio) v Hom~ (mentioned in the Nov. training bulletin), decided by the Ohio Supreme Cou~ in August 2000, it was d~cided that minor va~ations from the inst~ctions/procedures established by the ~TSA, render the results of the test u~eliable. The decision stated in pa~, "When field sobriety testing is conducted in a ma~er that depa~s from established methods and procedures, the results are i~erently u~diable." "The ~TSA concluded that field sobriety t~sts are ~ effective means of detecting legal intoxication only wheo: lhe tests are administered in the prescribed, stand~dized ma~er, ***the standardized clues are used to assess the suspect's peffo~ance, and ***the standardized criteria are employed to inte~ret that perromance." "...If any one of the standardized field sobriety test elements is changed, the validity is cornpromised." "...The small margins of eftor that characterize field sobriety tests make strict compliance critical." "...it is well established that in field sobriety testing even minor deviations fi'om lbe standardized procedures can severely bias the results." In a consenting opinion, ".. field sobriety t~st results ~e admissible at ffial only if the officer strictly complied with slandardized testing procedures." ...the care with which a field sobriety test is administered has a decisive ef/ecl on the ~cst's reliability, and hence its evidentiary value." As noted in the Nov. T~aining Bulletin Homao's conviction was upheld even tbe field sobriety tests were disallowed because the officer detailed the other [actors; driving, behavior, odor, in his repo~. While Homan is a decision by the Ohio Supreme C0u~ and is not binding on Iowa Coups, it may be cited or sere as re~erence ~o~ the Iowa CouPs. The implications o/this case a~e such that it was a topic for the Iowa Prosecuting Attomey's conference in November. FYI it is expected that the admissibility of "non-procedural" SFST will be challenged. ~MEMBEK THE TITLE: STANDA~IZED Field Sobfiery Tests. With this in mind, the Iowa Prosecuting Altomeys have provided the following reffesher from the ILEA training manual. (Complete Homan d~dsion available in the Training office)