HomeMy WebLinkAbout02-13-2001 ICPD Reports/MemosRJ Winkelhake
~=rorn: media@iowa-city.org
'kent: Wednesday, January 03, 2001 2:43 PM
>: rj_winkelhake@iowa-city.org
~bject: RELEASE: Traffic Stop Demographics
Contact: Sgt. Bill Campbell - Iowa City Police Department
Phone: (319) 356-5293
Date: 01-03-2001
Time: 2:35 pm
Authority of: Chief R.J. Winkelhake
The Iowa City Police Department compiles race and sex
demographic information on drivers of vehicles stopped by
meters of the department.
Below are the totals for each demographic catagory, from January
2000 through December 2000.
Male White - 8,583
Male Black - 839
Male Hispanic - 244
Male Asian - 293
Male Other - 172
Male Unknown - 41
Female White - 5,184
Female Black - 348
Female Hispanic - 91
· ~male Asian - 138
,male Other - 45
~male Unknown - 15
.lknown - 5
TOTAL - 15,998
.................................................
YOU may view past media releases at
http://~. iowa-city. org/media_releases. asp
To unsubscribe to this mailin9 list, please 9o to
http://~.iowa-city.org/mailing/mailing.pl and
enter your email address. Then uricbeck the lists
from which you wish to unsubscribe.
Department Memorandum 01-05
DATE: January 26, 2001
TO: Chief Winkeihake
All Co de '
FROM: Captain Widmer
SUBJECT: November & December Use of Force Review
~e hi-money "U~ of Force Review Co~ttee met on J~ 25, 2001. It w~
~d of~c foHo~g perso~el;
Capt~ Jo~n
~p~ Wi~cr
S~. Brothe~on
S~. H~d
~e ~ew of~e sub~tt~ re~s for Novemir (20 ~cidents-25 repo~s) ~d
De~m~ (14 ~cidents-18 re~s) revealed no policy or t~ con~.
A~tive ~sues to ~ addres~d d~g t~ ~dod ~e renew item, ~ they aH ~ve
~en not~ ~ t~ p~;
I) Be ~c on the "~ of~cidcnt". ~e rc~ sho~d note the ~c of
~cident w~ch ~t~ted the contact.
2) ~en a ~ ~ ~ to destroy ~ ~, ~e su~r autho~g the
d~ge should ~ recorded ~ the ~tive ~ion of the re~.
3) In the "~ of force used" sectio~ when "o~er" ~ approp~te, ~dicate w~t
it ~ (ie. ~ds-on).
4) So~ officers ~e pro~d~g too much ~o~tion.
to b~efiy doc~ent the u~ of force, not doc~ent ~e pro~ble ca~.
5) ~ly, the ~ offor~ re~ ~ not a p~ to pr~ti~ h~oro~ pro~.
Doc~nt the ~cts, don't attempt to ~ cute~
Not~ re~s ~e ~g ret~ed to the Watch Co~de~ ~th the d~crep~cy
~ghted.
Copy: Ci~ Manager, PC~
Iowa City Police Department January 2001
Locating People Less Lethal Deployment
Sgt. Krei
As you are aware, we recently had our first deploy~nent
With officers now taking a more active role in investigating
of the less lethal (bean sock} round on a knife wielding,
NSF cases officers will be spending time contacting suspects
suicidal subject. There was some initial concern over
in an effort to resolve the incident. One of the more
the effectiveness of the rounds, (the person was not
problematic aspects of the investigation will be contacting the
subdued until 5 rounds were fired). As with other
suspect. While most checks have an address and less
frequently phone number, officers will often find that this striking instruments included at level 4 in the Use of
Force Continuum (ASP}, the application of I atdke, may
information is no longer current. This means that officers
not be enough to successfully bring the person into
must now develop and refine techniques that can be used to
"run down" or other wise locate the suspect. For many the compliance/control. In this case officers fired 2 shots in
the upper torso, 1 shot in the upper thigh and then
most obvious place to begin the process of locating a suspect
PLACED 2 shots on the defendants "knife" hand,
will be by running a 27 on the suspect and see if if provides a
current address/residence for the suspect. Are there vehicles breaking the knife and allowing officers to subdue the
registered under his/her name. Is there relative listed at the subject with minimal injury.
original address of the suspect who could possibly provide Last spring, when trained in the use and deployment of
further information. Check with other officers, are they familiar the less lethal munitions, the amount of energy delivered
with the person? Another possible source would be checking by the munitions was compared to a fast ball by a
the phone directory and the student phone directory. If the professional pitcher. NOTE: If you have watched any
check is issued on an out of town bank with a name and Major or Minor League games (speed about the same,
hometown, the U of I DPS can sometimes provide a "home" control is often the problem}, it is not unusual to see a
address and contact name/number. Don~ forget the CAD batter struck by the pitcher. These single pitches usually
system for any information on the suspect. Perhaps do not incapacitate the batter in and of themselves. After
they have been involved in an acridant or an incident being looked at by the trainer they usually proceed to Ist
base as a runner. Of note: baseball players are required
continuecl on page 2
to wear helmets when batting or on base because ... the
application of a baseball to the head is potentially lethal.
I N S I D E T H I S I S S U E What does this have to do with lees lethal munitions?
The deployment of a single round at a suspect may not
I Less Lethal Deployment immediately obtain the desired results. As we were
I Locating People trained with the PR24 and are currently trained with the
ASP, officers may often times need to follow up the initial
3 Check Investigation Tips strike with other strikes/techniques.
,I, Domestic Violence Risk Assessment The question then is where is the line? In the knife
situation, the 5u~ shot disarmed the subject allowing
officers to control him with hands on techniques. To use
. Mebusism, 4 shots were not enough (~ot~l~edowna~a~i~
training t
continued from page I
number.
~ ~ ~ Inci~ ~ S~ Is design~ so ~ ~m
Anoffiersou~ofa cuentadd~ i, ~ com~-US'~ ": ~ ~s~ ~' ~n in ov~l c~mand ~ an inclde~
~1 s~ and su~ a ~u.t ~r cu~nt add~ ,., t Sup~ agend. ~uld m~ to and ~dve
fo~ for ~ s~ · ~y ~ve a f~ffiing add~ :', .' ' mig~"~h ~ I~ide~ C~man~. In a
~ s~ ~n Nny Ume ~ I~ in ~is ~hionL~f' h~g~de ~ bUon, ~em would ~ an
~ s~ is f~ a small c~u~ many Ume a ovmll I~ide~ C~mander ~o is responsible for ~e
pho~ ~11 ~ ~e I~1 ~ ice ~11 provi~ cu~t s~. SRT c~mand ~uld ~ ~d by ~e Incident
inf~aUon on ~e ~on. ~mander and Nke ~eir assignmen/bas~ on ~e
If ~e ~on is ~ o~ ~ ~, conlcUng ~e I~al overall goals d ~ mission.
police e~m~t or s~s t~ may ~eld ~ul~. ~ffi ~e ongdng ~ ~ining, one of ~e s~io~
~en conlcUng a ~, you my ent ~ c~ck ~ffi ~e invdv. bpld ~o~ent ~hniques and wo~ng ~ffi
jail, ci~l and ~s diction, mco~ my not anoffie ag~cy. In ~ ~ of incien~ ~ich ~uim
aut~aU~lly u~a~ and on ~Uon may ~o~de a epid de~o~ffi ~ffiin ~e c~ of Io~ Q~, ~e Io~
~ adds. If ~e ~n has ~n jail~ ~f~, ask Ci~ Police ~e~ ~11 ~ig~ a ~on as
~ jail · ~ey ~ a li~ng ~ ~ ne~ ~ ~n and ~ ~ey Incident C~ma~er. ~is ~11 usually ~ ~e on~
~ve a li~ng ~ nam~ ~ pho~ nm~ of ~ m~h ~mni.
~o have nlled ~e suN~t ~ile in jail. D~ ~
bn ~pld ~o~ent ~hniqu~ am ~li~d, ~ey
~n ~ve an a~. li~. Con/~ng ~ a~. and
~11 quicMy depb~ ~ num~ ~ on~ ~onnel.
leffi~ ~ know you e~ ~is ~o1~ ~ffio~ filing Since ~e/~n is one ~lch requires ~m
cdmiMI cha~. may g~ ~ ffi comct ~ ~on. ~chniqu., it euld n~ ~ Nso~ble ~ ~it for
ff ~u have ~e name and ~ ~u ~n co~ct Job d~ ~o~1 ~ affive and would in all likdlh~d
~wi~ and c~ck for m~ cu~ ~o;e~ invdve ~u~ng ml~nM ~ ou~ide agenci~
~o~. ~y un ~11 you ff ~ ~mn is cu~nUy including ~mlHIle PD, John~n ~u~ Shefirs ~pL
wo~ng and W so, ~em. · ~ey am not wo~ng ~y and Io~ ~ ~. ~ey would ~pond ~
may ~ aMe ~ ~vi~ ~ ~mns m~ m~ incident and eld ~ a.ign~ ~s~ by ~e I~ident
mp~r, ~ you can conict for i~o~aUon. ~ ~mander. ff ~y am m~n~ to "ffil our' a ~,
~e e~o~r ~w ~em ~ sub~t ~nt ~ did ~e ~y ~uld ~ Hg~ at ~i~ ma~uaffi, ~ conlct
sus~ have any ~nds ~o ~11 woffi ~ ~e b~in.s, officer. A m~ ~ our depame~ would sewe as
~o may know ~e ~eN~ or how to con~ct ~e ~ leads. I~lly ~em ~uld ~ an ICPD m~r
sus~ Sn~ ~e pmf~ ~ffi~ ~ disposing of di~ng ech ~, hmv~, ~is des n~ mean ~at
~e ~s~ is by ~ng ~ s~ct make g~ on ~e m~ ~uld ~ pull~ ~ a ~am ~at ~s al~dy in
check, a sa~ ~h to f~en~ may msu~ in ~ ~e~h~,~ll~iUon of~am leader.
coniffing ~ sus~ ~r you in ~er to k~p cha~
Conve~dy, should ~e Incident occur in Co~lville and
f~ ~ing ~l~. ~ey mque~ a~mnce, ~ would a.ign s~eone,
If ~e add~ b o~ d da~, an ex4andlo~ may ~ able pm~My ~e ~ ~tch c~mander, to sere as
~ pm~de a fomffiing address. Am them fdends in ~e lia~on ~ C~vilb PD. Coel~lle would ~ in ove~ll
old building ~o my know of ~e ~on's c~mand of ~ incident and wouM make
~eeabo~? assignme~ ~gh ~r liaion. If available, they would
O~r sou~ of i~o~aUon am available ~ ~e pmvi~ s~e to ~e as tem leader even if
In~d at an~o.c~. You can sea~h by name and ~vi~ ~e bulk ~ ~e ~;.
s~b~ffieUn~. ~en o~i~ ~i~ our no~al judsdicUonal
boundaries, ~ce~ am sUII bound by ~e roles,
~en ~ng ~ Ioca~ ~ple you am limi~ by your
~ul~ons, o~e~ and di~v~ of ~e Io~ Ci~ Palice
imaginaUon. ~e a~ve sugg~tions am m~ly a
st~ ~nt and n~ a conclusive li~ng d msoumes. ~ In ~cular ~ am sUII guided by
~pameNI Use of Fo~e dimcUv~.
trainIn9 2
continued from page 1
armed) and six would have been to many (he was now
UPCOMING TRAINING
unamled anti was not presenting an immntiiate ffireat).
The following is a listing of training, which MAY be
available. DO NOT consider this a posting. Any The use of the less lethal silowed officers to hantile this
request to attend based on this listing will not be eituaUo,~ without escalating to deadly force or contra~/
considered a request to attend. to training, move within the 21 foot "knife safety" zone,
as would have been required to deploy OC (t0-12 feet).
C A L E N D A R O F E V E N T S In this situation the WC decided to deploy 2 less lethal
shotguns which fired alternately and directed the shot
TRAINING EVENT placement. This allowed for the successful (no one
PLACE ROBERT E. LEE REC. CENTER/CRPD RANGE seriously injured and subject taken for evaluation)
DATE WEE K OF MAY 21 ST taCtiCal resniuUon of the Incident
Spring Firearm/training day
General Order 00-03 Less Lethal Impact MunlUons
TRAINING EVENT specifically authorizes the use of these projectiles
PLACE MONTGOMERY HALL when..."a parSOn is threatening death or serious injunj
DATE WEEK OF FEB. 5TH tO themselves." "When assessing the appropriate use of
Final MATS Session force level, prior to the transition to less lethal
projectiles, the officer shall consider in addition to other
TRAINING EVENT factors: A. The level of force being confronted. B. The
PLACE MTTU ~V proximity/access of the subject to the officer or others."
DATE MARCH 12 - 16
Decision Making for Law Enforcement Officers Upon the use of Less Lethal Impact t Munitions officere
are required to" Suspects who are struck by lees lethal
TRAINING EVENT projectiles shall be secured and, transported to a
PLACE I LEA medical facility for examinaUon and t~eatment...."
DATE MARCH 6 - 7
Interview and Interrogations : .
Check Investigation Tips - Ed Schultz accordance to Iowa Cede Chapter 7,14.1 (6)?"
When dealing with a dosed account or NSF check, ask
if the account had enough money in the account to VVhen you file cdminal charges and are requesting a
coverthe check on the date it was issued. subpoena, limit the time span that the covers the
incident. It is time tedious, time consuming and
In the case of a forgery, make sure you establish expensive work for the bank. (The bank is not
whom the victim is. If the bank reimburses the account reimbursed for the eftors)
holder, the victim is the bank, in other cases it may be
the business. VVhen 1st speaking with the suspect, attempt to get
affirmation that the checks have not been lost or
Some banks will be reluctant to give out information. stolen. (eliminates a defense)
Tell them that you only need a yes or no answer then
phrase your questions accordingly. Usually they will Keep an activity log of each check investigation. A
not give out specific information such as balances or daily log used by detectives is a simple convenient
account numbers. method to keep track of dates, times and details of
the investigation prior to doing your report.
For a dosed account check, you need to ask if the
bank notified the account holder and by what means. DO NOT accept or arrange partial payments, this
Certified mail is preferable. makes It a civil case. Confirm this with the victim.
Has the suspect been sent a ten-day notice in If you have questions or need assistance contact
Investieator Schultz.
training 3
DOMESTIC VIOLENCE ~ The suspect owns or has access to firearms.
__ The suspect has been diagnosed with a mental
RISK ASSESSMENT illness or penmnality disorder associated with
Through the use of the Uniform Crime Reporfa (which depression or aggression.
serves as a basis for much of the IoformaUon we are ~ The suspect has attempted or threatened
required to collect on vadous offenses), the FBI has suicide.
identified several factors which may indicate that there
is a higher likelihood that a domesUc situaUon will result ~ The suspect is an alcohol or drug user.
in a lethal confrontation. While the presence of any of __ The suspect has made death threats or
these indicators does not necessarily mean that a expressed fantasies of munfer.
situation will result in a lethal encounter, the presence of
The victkn believes the suspect will atten~pt to
any of these indicators should serve to indicate to the
con~mit homicide.
officer that the situaUon needs and deserves thorough
investigation. __ The suspect has stalked the victim.
A yes to any, of lhe following questions suggest a __ The suspect has seriously injured the vi~-~,d in
greater potential for violence to victims of domestic the basL
abuse.
The couple has recenUy separated (within 2
__ The violence has been escalating in severity ,
and fT~lusncy. :* .: ~ ,
:,
:. : i '
this and that
When filling out an accident report you MUST include the phone number of the ddvers in the space provided
on page 2 of the accident report form,
Once again...When filling out a Usa of Force report, the Incident section needs to include the reason for the
initial contact with the person, i.e. PAULA instead of what the resulting charge may turn out to be. I.e.
Interference or Obstruction.
The supplemental range date for February will be the 28~ . Officers interested in attending this training get a
note to me by 07:30 on 02/26. A firearm instructor will be available from approx, 08:30 to 10:00.
The City Council is in the process of revisin9 and updating the current alcohol ordinances in an attempt to deal
with underage and hinge drinking. As part of the proposed ordinances, the Council may suspend a liquor
license and/or imposa a civil penalty. A suspension may be based on the establishment sawing underage
persons alcohol. When an officer charges the business or an employee with providing alcohol to
someone under the legal age, effective IMMEDIATELY, a copy of that charge must be forwarded to the CITY
ATTORNEY'S office so they can track it. In addition there is a proposal to adopt a saction similar to the state
code, prohibiting "Sales to Intoxicated Persons" If adopted this will be a new section 4-5-6. Additionally, there
may be a limitation on ddnk specials and the manner in which they can be sarved. More information will be
provided as the ordinances' progress through the process.
training 4
FIIED
ICPD TRAINING
DATE: February 1, 2001 L,i.. ~ !~ ,i ~
iO',.!,,,,r ,'_;!! .7
TO: Chief Winkelhake
From: K. Hurd
REF: January Training Report
MATS
Beginning 01/08/01 continuing for 5 consecutive weeks
Required for all ICPD sworn personnel
Iowa City
32 hours per officer
Training and review in numerous work related area.
Monday:
Hazardous Materials Review
Blood Borne Pathogens
CPR
Graduated DLs.
Tuesday
Defensive Tactics
Crowd Control
Child and Elder Abuse
Wednesday
Commercial Motor Vehicles
Driving
Legal Update
Thursday
Racial Profiling,
Fake/Fraudulent Ids
Joint fire/police calls
Rapid Deployment
Public Records Training
01/31-02/01/01
16 Hours
Lt. Fort and Sgt. Brotherton
MTTU IV
Training in various aspects of public records, including what records may be released as
public information and what information may not be released.
SART/SANE Conference
01/31-02/01/01
Steva, Claraban, Bok
Training for investigators in the investigation of sexual assaults including the multi-
disciplinary approach to sexual assault investigations.
SRT Range
Not scheduled due to MATS training
SRT Scenario Training
01/04/01
16 SRT
Regularly scheduled physical testing for SRT members. Room entry drills. Maintenance
of equipment.
Squad Meeting Training
Weekly
ICPD
All members
WT #s 01-23, 01-28, 01-30, 01-29
Copy: City Manager
Captain Widmer
PCRB
Watch Training 01-23
Revised State Accident Report Form
Scenario - The Iowa DOT has revised the state accident report form. The new form goes
in effect 00:00:01 on 01/01/01.
Critical Issues - What are the changes on the accident report form? Why do our forms
differ from the "state" forms? What do I need to complete on various levels of accidents?
Discussion - The Iowa DOT has provided an Investigating Officer~ Accident Reporting
Guide for officers. This manual covers in detail all sections of the new State Accident
Report form.
There is shading on the side of the form designating which sections must be completed
for ALL accidents. For car deer accidentS, only the information pertaining to vehicle
number one needs to be completed. For all accidents you should do a diagram and brief
narrative. If the accident meets state reporting requirements, death, injury or $1000+ then
the accident report must be completed 'in it's entirety. Also the phone number for the
drivers has been moved to the "2nd'' page. This needs to be filled in for all accidents.
FI!,,,,ED
· -o
IOWA CITY POLICE DEPARTMENT
TRAINING BULLETIN 01
DATE: Jan. 16th, 2001
TO: Commanders (All Sworn)
FROM: k.hurd
SUBJECT: WT 01-28 State v Cline
This week's watch training deals with a recent Iowa Supreme Court case, State v
Cline. The main significance of this case is that the Iowa Supreme Court states
that it does not recognize the federal courts "Good Faith Exception" to
warrantless searches. While State Courts may not interpret the constitution in
more expansive manner than the federal court, it may interpret it in a more
restrictive fashion.
This training was forwarded by the Johnson County Attorney's office.
Cc: Chief Winkelhake
Capt, Harney
Capt. Widmer
Watch Training 01-28
State v Cline ' ,' ~, -~ :' ,
Scenario - Des Moines PD officers responded to an abandoned building ref onb, i~kng drug .. ,'.
activity. Upon approaching the building on foot, officers heard a vehia.Td?start2 'The:
officers observed a vehicle backing from the rear of the property, the vehicle did not have
it's headlights on. The vehicle was immediately stopped, and the operator, Heather Cline
was subsequently handcuffed and searched. Narcotics were found her jean pocket.
Officer testified at the suppression hearing that the vehicle was stopped to investigate the
activity at the house and because the headlights were not on. Officers were going to
search incident to citation (THIS IS PRE STATE V KNOWLES which specifically
prohibits search incident to citation) and for officer safety reasons. The evidence was
admitted to trial and Cline subsequently convicted.
Cline appealed the conviction based on the constitutional reasonableness of the seizure.
When heard by the Iowa Supreme Court, the state did not argue that the stop was pre-
Knowles but that the search was based on the Terry Exception, and that the officer acted
"In good faith".
Critical Issues - Does the search as described meet the constitutional standard of
Probable Cause? To what extent do Iowa Courts recognize the "Good Faith" exception to
constitutional requirements that searches must be based on Probable Cause.
Discussion - In deciding the case, the Court cites numerous court cases including Illinois
v Wardlow, decided in 2000. The court determined partially based on Wardlow that
Clines presence in an area known for its high drug activity and her attempting to leave the
area upon the officers approach constituted Reasonable Suspicion. While officers could
reasonably articulate a reason for stopping Cline, the facts as described DID NOT rise to
level of Probable Cause, necessary to search her.
The states 2nd argument was that if the officer erred in searching Cline, they were
operating on good faith and the search should be allowed based on good faith exception
cases decided by the US Supreme Court. The Iowa Supreme Court stated "We do not
need to decide, however, whether the good faith exception applicable to Fourth
Amendment claims would preclude reliance on the exclusionary rule under the facts of
this case because we decline to adopt a good faith exception to Iowa~s exclusionary rule
under the Iowa Constitution. (emphasis added)
The court goes on and discusses the cases, factors and rationale it used in making this
decision. It goes on states "...given the similar wording of the Fourth Amendment and
lowa's search and seizure clause, these provisions are generally considered to be
"identical in scope, import, and purpose." On the other hand, there is no principle of law
that requires this court to interpret the Iowa Constitution in line with the United States
Constitution, as long as our interpretation does not violate any provision of the federal
constitution." "In other words, although this court cannot interpret the Iowa Constitution
to provide less protection than that provided by the United States Constitution, the court
is free to interpret our constitution as providing greater protection for our citizen's
constitutional rights.
t ' ' ~O~.,',,.,,'
IOWA CITY POLICE DEPARTMENT
TRAININC BULLETIN
DATE: Jan. 22nd, 2001
TO: Commanders (All Sworn)
FROM: k.hurd
SUBJECT: WT 01-30 Consent Searches
This week's watch training deals with Consent Searches of Vehicles. The
attached video discusses the nuances and limitations ef consent searches.
Remember, censistent with the Profiling order, which goes inte effect 2/1/01,
searches will need to be recorded consistent with the order. (17 minutes)
Co: Chief Winkelhake
Capt. Johnson
Capt. Widmer
Watch Training 01-30
Consent Searches
Scenario - You stop a vehicle for a traffic violation. While citing the individual you
begin to develop a "gut feeling" which you cannot articulate that there may be contraband
in the vehicle. You want to search the vehicle but are clearly short of the Probable Cause
necessary for a seamh of the vehicle.
Critical Issues - Is there any way in which I can search the vehicle. If I obtain consent,
what arc the limitations/scope of the search? Who can give consent to search the
vehicle? How should the search be documented?
Discussion - When searching conducting a consent search of a vehicle, it will need to be
documented consistent with the procedures in G/O 01-01 Racial Profiling. In addition
officers should make sure that the request and any subsequent consent to search is
documented/recorded on their In-Car recorder.
The attached tape discusses consent searches and the nuances affiliated with them.
(ALERT VIDEO Series III Video 2 Vehicle Stops and Searches The Consent Search)
FII,_.EED
,2JBI FE:[2. - I [~i! 10:1,2
IOWA CITY POLICE DEPARTMENT
TRAINING BULLETIN 01-39
DATE: Jan. 29th, 2001
TO: Commanders (All Sworn)
FROM: k.hurd
SUBJECT: NSF Investigations
Beginning the week of Feb. 5th, 2001, officers will begin investigating "NSF"
check cases. This is being done to decrease delays and the backlog of cases in
the Investigations Section, and to allow officers to develop and enhance their
investigatory skills. When conducting NSF investigations, officers must
remember that the desired result is to get the person to pay off the check and not
the filing of criminal charges. In those cases where the person refuses to honor
the check or fails to respond to notices, the investigating officer may file
appropriate charges. The filing of charges should be AFTER the report is
completed AND the officer has sent the subpoena request to the County
Attorney's office. One of the keys to investigating NSF case is the
recording/documentation of all contacts. Investigator Schultz has suggested
officers use a investigations daily summary form for each check assigned, to log
all steps from assignment through disposition. You can use the form as your
notes when writing your report.
Cc: Chief Winkelhake
Capt. Johnson
Capt. Widmer
FII_ED
Watch Training 01-29
NSF CHECKS 2!:5t FE[; -I ,r. i110:12
sce. ar,o- ,o.g's ,e,i accep,s acheck ,n the o.nt of
check is returned to Doug's for NSF. Doug knows Penny, an~d'Wa~ th'e' perg6~"who
accepted the check. Doug calls Penny and tells her she has 2 weeks to make good on the
check. She fails to do so. Doug Contacts the PD and fills out the paperwork relating to a
bad check. The check is forwarded to the Commander of the Investigations Section.
Critical Issues - What steps need to be taken to successfully investigate a "bad check"
case? What information MUST be provided for prosecution? What are the options when
pursuing a NSF case?
Discussion - When investigating "bad check" cases, it is preferred that the issue be
resolved w/o filing criminal charges. That is, getting the person to take care of the check.
This gets the money to the victim, keeps the suspect from getting a criminal record, and
minimizes the number of cases which go through the Clerk of Courts Office and
subsequently to trial. When this is not an option, officers need to file the appropriate
criminal charge. To successfully prosecute a NSF case officers MUST:
1) Obtain the original check. (tins should already be in the possession of the Commander
of investigations)
2) The victim must have completed a Bad Check Report form as completely as possible.
The completed form will be forwarded with the case, from the Commander of
Investigations. If a section of information is not available, the form must still be
completed as completely as possible. (this should have already been completed prior
to assignment)
a. the name of the person accepting the check
b. the date, (time if available), check #, dollar amount, purpose of the check
(services, cash, merchandise) and means of identifying the person. I.e. knows the
person, DL, ID...
3) Document that a "10-day" notice for payment has been sent. (this will be included
when the case is forwarded from the Commander of Investigations)
When assigned a NSF case, the assigned officer will be provided the above information.
Upon assignment, the officer shall obtain a case and incident number and complete a face
sheet and mark it Under Investigation. The original shall be forwarded to records and the
officer retain the copy. He/she should then:
1) Contact the victim/business and advise them you have been assigned to the case; and
a. Verify the suspect has not come in and taken care of the check.
b. Advise the victim not to accept partial payment of on the check. (makes it a civil
issue)
c. Obtain the name of a business manager, bookkeeper or accountant who can testify
to the business records.
2) Contact the passer's bank and verify that there were insufficient fimds to cover the
check. Obtain the name of the person who will testify in court regarding the status of
the defendant's account.
3) Attempt to contact the suspect and give them a chance to make good on the check.
This should be done even if there were previous notices or opportunities to pay.
(allow the person a reasonable mount of time to take care of the issue)
4) If payment is not forthcoming, contact the County Atty. and request they subpoena
the bank records. (form letter)
5) Write your report THEN obtain an arrest warrant. (On simple misdemeanor charges
cite and release is the preferred method) Them is no reason to obtain a warrant or
charge the person prior to writing the report. Writing you report first minimizes time
constraints that MUST be met by the C/A. The report should document contacts with
the suspect and any time periods that were missed in regard to making good on the
check.
a. The case report should include copies of all documentation, notices and any
correspondence, requests for subpoenas etc.
If the suspect indicates the checks were stolen or that he/she did not issue the check, the
officer needs to obtain a forgery affidavit from the person and complete a report detailing
the facts to this point. The officer should then review the case with a Watch Supervisor to
determine if the officer should retain case, or if it is of such a nature that it should
forwarded to Investigations for further follow-up. If the case is retained .by the officer, a
copy of the report and the forgery affidavit should be forwarded to Investigations for
review.
MEMORANDUM
TO: Members of the Police Citizen's Review Board
FROM: R.J. Winkelhake, Chief of Police ),~/C~-~
RE: 2000 YEARLY REVIEW
DATE: February 2, 2001
Attached is a summary of the Internal Affairs investigations conducted by the
Iowa City Police Department in the year 2000.
Ten Internal Affairs investigations were conducted. Four of the ten investigations
resulted from complaints filed with the Police Citizen's Review Board. Six of the
complaints were made with the Police Department. Three times corrective
action was taken. Corrective action was taken two times in matters brought to
the attention of the Police Department and once from a complaint brought to the
Police Citizen's Review Board.
One case has not been completed at this time and one matter is pending with
the Police Citizen's Review Board.