HomeMy WebLinkAbout06-25-2001 ICPD General Orders LEG-03.1
FIELD INTERVIEWS
AND "PAT-DOWN"
SEARCHES
Date of Issue General Order Number
October 13, 1999 99-12
Effective Date Section Code
October 18, 1999 LEG-03
Reevaluation Date Amends / Cancels ~ ~
October 18, 2001 ~> ~ ~ "T'I
C.A.L.EA. Reference 7~ ~ ~ ~]~ t
1.2.4, 41.2.4 ' ~ r-r~ L~
INDEX A S: ~> o
Field interviews Field Information (FI) Cards
Pat-Down Searches Searches
I. PURPOSE
The purpose of this policy is to assist officers in determining when field
interviews and pat-down searches are warranted and the manner in which the
shall be conducted.
II. POLICY
The field interview is an important point of contact for officers in preventing and
investigating criminal activity. But even when conducted with respect for involved
citizens and in strict conformance with the law, it can be perceived by some as a means
of police harassment or intimidation conducted in a discriminatory manner against
groups or individuals. In order to maintain the effectiveness and legitimacy of this
practice and to protect the safety of officers in approaching suspicious individuals,
members of the Iowa City Police Department shall conduct field interviews and perform
pat-down searches in conformance with procedures set forth in this policy.
LEG-03.2
III. DEFINITIONS
A. Field interview: The brief detainment of an individual, whether on foot or in a
vehicle, based on reasonable suspicion for the purposes of determining the
individual's identity and resolving the officer's suspicions.
B. Pat-Down Search: A "frisk" or external feeling of the outer garments of an
individual for weapons only.
C. Reasonable Suspicion: Articulable facts that, within the totality of the
circumstances, lead an officer to reasonably suspect that criminal activity has
been, is being or is about to be committed.
IV. PROCEDURES
A. FIELD INTERVIEWS
1. Justification for conducting a Field Interview Officers may stop
individuals for the purpose ot conducting a field interview only where
reasonable suspicion is present. Reasonable suspicion must be more
c:> <C than a hunch or feeling, but need not meet the test for probable cause
E.5 ~: sufficiem to make an arrest. in justifying ~ne stop, the omcer must be able
~ ~c: uJ Lo puinl [u sp~ui~ic facis i.i~ai., ~ hich wnen TaKen together w~tn rational
LLJ ~;~'inferences, reasonably warrant ti~e stop. Such facts include, but are not
~ ~ >.C.)lin~ited
LJ---
z F-~ <Ca. The appearance or demeanor of an individual suggests that he/she is
~ C.)~: part of a criminal enterprise or is engaged in criminal activii. y;
,--9 --b. The actions of the suspect suggest that he/she is engaged in a
criminal activity;
c. The hour of the day or night is inappropriate for the suspect's presence
in the area;
d. The suspect's presence in a location is inappropriate;
e. The suspect is carrying a suspicious object;
f. The suspect's clothing bulges in a manner that suggests he/she is
g. The'suspect is in proximate time and place to the alleged crime;
h. The officer has knowledge of the suspect's prior criminal record or
involvement in criminal activity.
2. Procedures for initiating a Field Interview - Based on observance of
suspicious circumstances or upon information from investigation, an
officer may initiate the stop of a suspect if he/she has an articulable,
reasonable suspicion to do so. The following guidelines shall apply when
making an authorized stop to conduct a field interview.
a. When approaching the suspect, the officer shall clearly identify
IIIIIIIIIl~r~ll i:t~ i:t III~(I|U~I OIl. ll~ IOWa Ul[y I~OIICe uepar~ment, aRd Ii' ROt
LEG-03.3
in uniform, the officer shall announce his/her identity and display
departmental identification.
b. Officers shall be courteous at all times dudng the contact but maintain
caution and vigilance for furtive movements to retrieve weapons,
conceal or discard contraband, or other suspicious actions.
c. Before approaching more than one suspect, individual officers should
determine whether the circumstances warrant a request for backup
assistance and whether the contact can and should be delayed until
such assistance arrives.
d. Officers shall confine their questions to those concerning the suspect's
identity, place of residence and other inquiries necessary to resolve
the officer's suspicions. However, in no instance shall an officer detain
a suspect longer than is reasonably necessary to make these limited
inquiries.
e. Officers are not required to give suspects "Miranda" warnings in order
to conduct filed interviews unless the person is in custody and about to
be interrogated.
f. Suspects are not required, nor can they be compelled, to answer any
questions posed during field interviews. Failure to respond to an
officer's inquiries is not, in and of itself, sufficient grounds to make an
arrest although it may provide sufficient justification for additional
observation and investigation.
3. Reporting - If after conducting a field interview there is no basis for making
an arrest, the officer should record the facts of the interview on the
departmental FIELD INFORMATION CARD (FI card) and wri~ the
incident number on the FI card. Field Information Cari~ shoCi~l be
submitted to the Records Division. Upon entry of the inform~.~t fr._c~ theft
FI card into the records system, the Report Review OfficerL~l'~l foT~ar~::::
the original FI cards to the Lieutenant of Investigations. ~C'~ ~
1. Justification for conducting Pat-Down Searches: An officer ha~he ri~ to
perform a pat-down search of the outer garments of a suspect for
weapons if he/she has been legitimately stopped with masonable
suspicion and only when the officer has a masonable fear for his/her own
or another pemon's safety. Cleady, not eve~ field inte~iew poses
sufficient justification for conducting a pat-down search. Following am
some criteria that may form the basis for establishing justification for
performing a pat-down search. Officem should note that these factors are
not all-inclusive; them are other factors that could or should be
considered. The existence of morn than one of these factors may be
required in order to suppo~ reasonable suspicion for the search.
a. The type of crime suspected - pa~iculady in crimes of violence where
the use or throat of deadly weapons is involved.
LEG-03;4
b. Where more than one suspect must be handled by a single officer. _
c. The hour of the day and the location where the stop takes place.
d. Prior knowledge of the suspect's use of force and/or propensity to
carry weapons.
e. The appearance and demeanor of the suspect.
f. Visual indications that suggest that the suspect is carrying weapon.
2, Procedures for performing a Pat-Down Search
a. When reasonable suspicion exists to perform a pat-down search, it
should be performed with due caution, restraint and sensitivity. These
searches are only justifiable and shall only be performed to protect the
safety of officers and others and may never be used to "shake-down"
individuals or groups of individuals or, as a pretext for obtaining
evidence. Under these circumstances, pat-down searches should be
conducted in the following manner.
1) When possible, pat-down searches should be conducted in the
presence of a second officer who provides protective cover.
2) Because pat-down searches are cursory in nature, they should be
performed with the suspect in a standing position. Should a
weapon be visually observed, a more secure search position may
be used.
3) In a pat-down search, officers are permitted only to feel the outer
clothing of the suspect. Officers may not place their hands in
~ pockets unless they feel an object that could reasonably be a
~ ~: weapon.
i'~ r_. ~---- 4) If the suspect is carrying an object such as a handbag, suitcase,
~ ~ I briefcase, backpack, book bag or any other item that may conceal
"J ~ 7>-r.j a weapon, the officer should not open the item but instead place it
I I z F____) ~ out of the suspect's reach.
m ~ 5) If the external feeling of the suspect's clothing fails to disclose
~ O_ evidence of a weapon, no further search may be made. If evidence
of a weapon is present, an officer may retrieve that item only. If the
item is a weapon the possession of which is a crime, the officer
may make an arrest of the suspect and complete a full-custody
search of the suspect.
3. If during the course of an authorized pat-down search of an individual, an
officer comes upon an item that the officer readily recognizes through
his/her experience and training is probably contraband, the officer may
remove the item from the suspects clothing. If upon further examination
the seized item is of a nature for which the possession of is crime, the
officer may make an arrest of the suspect and complete a full-custody
search of the suspect.
LEG-03,5
R. j';.~Vinkelhake, Chief of Police
WARNING
This dimctive 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.
LE~-04.1
Search and Seizure
Date of Issue General Order Number
January 10, 2000 00-01
Effective Date Section Code
January 20, 2000 LEG-04
IReevaluation Date Amends / Cancels
January 2001 NEW
C.A.L.E.A. Reference
1.2.4
INDEX A S:
Search Arrests
Seizure Stop and Frisk
Warrants
I. PURPOSE
The purpose of this order is to provide members of the Iowa City Police Department
with guidelines and background pertaining to search and seizure.
II. POLICY
It is the policy of this department to conduct searches that are both legal and thorough.
Such searches are to be conducted in strict observance of the Constitutional Rights of
the persons being searched and with due regard for the safety of the officers involved,
All seizures shall comply with all relevant state and federal statues go?erning the
seizure of persons or property.
LEG-04.2
III. DEFINITIONS ('
A. Constitution of the United States of America:
Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable seamhes and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the person or things to be
seized.
B. Constitution of the State of Iowa:
Article I. Bill of Riqhts
Section 8. The right of the people to be secure in their persons, houses, papers and
effects, against unreasonable searches and seizures shall not be violated; and no
warrant shall issue, but on probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons and things to be
seized.
IV. PROCEDURES
Search and Seizure Without a Warrant
The Iowa City Police Department recognizes that "citizens have the right to be free of
unreasonable search and seizure" as afforded by the Constitution of the United States.
This Department will strive to ensure that all searches and seizures meet current legal
requirements. In recognition of this, the following guidelines are to be considered when
making a determination to search without a warrant.
A. Consent to Search:
1. Persons or property may be searched upon the consent of the person, owner or
person in control of the property or item to be searched. The person giving
consent must do so voluntarily. The officer is obligated to abide by any
constraints placed on the search by the person.
B. Exigent Circumstances:
1. An officer may search without a warrant when the public safety is endangered
and Obtaining consent or a warrant is impractical.
C. Moveable vehicles which may contain evidence that may be removed or destroyed
without a timely search being made:
1. A vehicle may be searched if an officer reasonably believes that it may contain
evidence of a crime, which may be destroyed or moved, and it is impractical to
obtain a warrant. _;
D. Stop and Frisk:
LEG-04.3
D. Stop and Frisk:
'1. An individual may be frisked for weapons if an officer has an articulable concern
for his/her safety.
E. Inventory Searches of Impounded Vehicles:
1. Inventory searches of impounded or seized vehicles may be conducted for the
purpose of documenting property contained in the vehicle. An inventory search
should not be used when the primary reason is to obtain evidence, (see impound
policy)
F. Search Incident to Arrest:
1. When an arrest is made, the officer will conduct a search of the arrested person
and the area in the immediate control of the arrested person for the purpose of
ensuring the officers' safety, preventing the person from escaping, discovering
the fruits of the crime, or discovering instruments or articles which may have
been used in the commission of a crime or constitute evidence of an offense.
This search must be contemporaneous in place and time.
G, Plain View:
1. Officers may visually search items or properly that are in plain view, provided
that the officer has the right to be in the position from which the view was made.
H. Crime Scene Search:
1. Depending on the location of a crime scene, consent or a warrant may be
required prior to a search. (i,e. public v, private properly)
I. Officers may search persons on premises during the execution of a search warrant
in order to protect their safety, prevent disposal or concealment of property subject
to the warrant or to remove any items that could be used to effect an escape or
resist arrest,
J. Officers may conduct warrantless searches in other situations under applicable case
law. (See training documentation)
K. Search and Seizure Pursuant to Warrant
1. When an officer has probable cause to believe that a crime has been committed
on the premises to be searched, or that evidence of a crime could be located there,
officers shall obtain a search warrant prior to entry and search in accordance with
applicable state law and procedures. (See training documentation.)
If it is unclear if a situation falls into one of the above categories and an officer believes
that there is need to search a person, location or item; the officer should consult with an
on-duty watch supervisor. If a determination is not reached, the on-call County
Attorney shall be called for advice on how to proceed.
LEG-04.4
;~. I. Winkelhake, Chief of Police
This" directlye:is for departmental use ::only::;!an:d :does not apply in any criminal or civil
'proCeed ng: !,::~Tl~e department policy shOul~:;not:! be construed;'as:~::a:creation of higher
:):~:ai ~:n.~ard :~f safety or care::~jn::an:,:~e~d:.:ntiary::sens~:wth~::respect to th rd-party
'~laims, . .Violations of this direCtire wil!:!!'Only' form!the basis for departmental
administrative sanctions. :
IOWA CITY POLICE DEPARTMENT
GENERAL ORDERS ALPHABETIC INDEX
Section
Code Index
OPS-13 Accident Investigation, Vehicle Crashes
OPS-13 Accidents, Vehicle Crashes
ADM-05 Acquired Immune Deficiency Syndrome (AIDS)
OPS-08 Alarm / Open Door Response
OPS-11 Alcohol Enforcement, Traffic
ADM-03 Ammunition Specifications
ADM-04 Annual Objectives
LEG-02 Arrests, Arrests == 'FI
LEG-01 Arrests, Civil Rights C)
LEG-05 Arrests, Off-Duty Conduct: Powers of Arrest ~ ? -- F"
LEG-04 Arrests, Search &Seizure rn
OPS-11 Arrests, Traffic
OPS-03 Arrests, Use of Force
TRN-01 Authority and Responsibility, Department Training '='
SER-03 Background Investigations
ADM-07 Bicycle Operations
ADM-07 Body Armor
OPS~I 6 Body Armor, Police Cyclist
SER-04 Bomb Threats
OPS-08 Building Search
OPS-10 Canine, Canine Operations
OPS-08 Canine Procedure, Alarm/Open Door Response
SER-04 Canine, Special Purpose Vehicles
OPS-03 Canine, Use of Force
ADM-03 Care of Uniform Clothing and Equipment
TRN-01 Career Specialty In-Service Training, Definition
OPS-05 Case Screening Criteria
OPS-05 Case Screening Responsibility
LEG-02 Citations, Arrests
OPS-11 Citations, Traffic
LEG-01 Civil Rights
OPS-16 Communications, Police Cyclist
OPS-01 Communications Procedure
SER-04 Community Service Officers
PER-02 Complaint Procedures
OPS-04 Criteria for Investigative Task Fome
ADM-04 Department Goals
ADM-01 Department Publications
TRN-01 Department Training Administration
TRN-01 Department Training Authority and Responsibility
TRN-01 Department Training Committee
TRN-01 Department Training Goals
TRN-01 Department Training Policy
SER-02 Development of Report Forms
Page I of 5
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IOWA CITY POLICE DEPARTMENT
GENERAL ORDERS ALPHABETIC INDEX
Section
Code Index
ADM-01 Directives, Written
PER-01 Disciplinary Philosophy
ADM-06 Discipline, Internal Affairs Investigations
LEG-02 Discretion, Arrests
OPS-14 Domestic Abuse
LEG-02 Domestic Abuse, Arrests ~ O ~"
OPS-14 Domestic Violence ,.~
OPS-14 Domestic Violence Reports
OPS-14 Domestics c-D--< Fa F-
TRN-01 Education and Training Record
OPS-06 Emergency Assignments
OPS-07 Enforcement of Safety Belts
OPS-06 Escorts, Emergency :~.
ADM-06 Evaluations, Internal Affairs Investigations
OPS-12 Evaluations, In Car Recording Devices
OPS-12 Evidence
OPS-05 Exceptional Circumstances, Case Screening
LEG-03 Field Information (FI) Cards
LEG-03 Field Interviews
SER-05 Field Training
SER-05 Firearms
OPS-05 Follow-Up Investigation Criteria
SER-02 FOrms Management Program
ADM-01 General Orders
ADM-4 Goals and Objectives of Iowa City Police Department
OPS-09 Handcuffing
PER-02 Harassment, Harassment & Sexual Harassment
ADM-05 Hepatitis B Virus (HBV)
ADM-05 Human Immunodeficiency Virus (HIV)
ADM-06 lAIR Forms
OPS-13 Impounds
ADM-02 Index, General Orders
ADM-05 Infectious Disease
ADM-05 Infectious Disease Exposure
ADM-07 Inspections
ADM-06 Internal Affairs Investigations
ADM-06 Internal Affairs Investigations Register (lAIR)
OPS-12 Internal Investigations, In Car Recording Devices
OPS-05 Investigative Case Screening Process
OPS-04 Investigative Task Force
ADM-06 Knowingly Providing False Information
ADM-03 Leather Goods Classification
OPS-15 Less Lethal
SER-05 Less Lethal, Weapons
Page 2 of 5
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IOWA CITY POLICE DEPARTMENT
GENERAL ORDERS ALPHABETIC INDEX
Section
Code Index
SER-03 Licensee Background Investigations
TRN-01 Lodging, Reimbursement, Training
ADM-02 Manual, Policy & Procedures
OPS-05 MCI - Case Screening ~
TRN-01 Meal Reimbursement, Training ~ ~
ADM-04 Mission Statement -~O c.-
SER-05 Munitions :~> ~ ~ "FI
PER-01 Negative Discipline O ' ~ ~
OPS-14 No Contact Order ~
SER-05 Off-duty Weapons := ~
ADM-01 Official Department Publications .~7- ~
OPS-06 Operation of Police Motorized Equipment ~> ~
ADM-01 Orders, Wdtten
ADM-04 Organizational Values
OPS-04 Outside Agency Requests - Investigative Task Force Members
OPS-11 Parking Enforcement
LEG-03 Pat-Down Searches
ADM-03 Personal Appearance
ADM-06 Police Citizen's Review Board
OPS-16 Police Cyclist
ADM-02 Policy & Procedures Manual
ADM-01 Policy and Operating Procedures Manual
SER-04 Police Cyclist
PER-01 Positive Discipline
OPS-09 Prisoner Transport
LEG-02 Prisoner Transport, Arrests
OPS-04 Procedures for Investigative Task Force
OPS-14 Protective Orders
ADM-01 Publications, Department
OPS-06 Pursuit Driving
OPS-01 Radio Use
TRN-01 Reimbursement, Training Expenses
ADM-03 Replacement and Maintenance of Uniforms
SER-02 Report Form, Annual Review
SER-02 Report Form, Development of
SER-02 Report Form, Division of
SER-01 Report Processing
SER-01 Report Review
OPS-03 Reporting, Use of Force
OPS-10 Reports, Canine
OPS-02 Reports, Police Vehicle Pursuits
SER-02 Revision of Report Forms
LEG-01 Rights, Civil
LEG-01 Rights, Individual
Page 3 of 5
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IOWA CITY POLICE DEPARTMENT
GENERAL ORDERS ALPHABETIC INDEX
Section
Code Index
OPS-07 Safety Belts
LEG-01 Search & Seizure, Civil Rights
LEG-04 Search, Search & Seizure
OPS-10 Searches, Canine
LEG-03 Searches, Field Interview & Pat Down Searches
OPS-07 Seat Belts
LEG-04 Seizure, Search & Seizure
PER-02 Sexual Harassment
OPS-05 Solvability Values
OPS-16 Special Purpose Vehicles
SEa-04 Special Response Team (SRT)
SER-05 Special Response Team, Weapons c.~:::
LEG-04 Stop & Frisk, Search & Seizure
PER-02 Supervisor Responsibilities m
OPS-08 Supervisory Responsibility
OPS-01 Ten Signals ~.~
OPS-13 Traffic Control
OPS-13 Traffic Direction
OPS-11 Traffic Enforcement
OPS-11 Traffic Exemptions
OPS-11 Traffic Stops, Traffic
OPS-12 Traffic Stops, Inc Car Recording Devices
SER-05 Training, Weapons
TRN-01 Training Committee, Department
TRN-01 Training Course Critique
TRN-01 Training Expense Reimbursement
TRN-01 Training Goals, Department
TRN-01 Training Policy Statement
TRN-01 Travel Costs, Training
OPS-03 Use of Force
OPS-15 Use of Force Matrix
OPS-03 Use of Force Model
OPS-08 Use of Force Alarms & Open Doors
LEG-02 Use of Force Arrests
ORS-10 Use of Force Canine
LEG-01 Use of Force Civil Rights
OPS-12 Use of Force In Car Recording Devices
OPS-15 Use of Force Less Lethal Impact Munitions
LEG-05 Use of Force Off-Duty Conduct: Powers of Arrest
OPS-02 Use of Force Police Vehicle Pursuits
OPS~09 Use of Force Prisoner Transport
SER-05 Use of Force Weapons
OPS-01 Use of Radios
OPS-07 Use of Safety Belts
Page
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IOWA CITY POLICE DEPARTMENT
GENERAL ORDERS ALPHABETIC INDEX
Section
Code Index
OPS-16 Vehicle Operations
SER-04 Vehicle Operations
OPS-02 Vehicle Pursuits
OPS-03 Warning Shots
ADM-07 Warrant Service
LEG-01 Warrants, Civil Rights
LEG-04 Warrants, Search & Seizure
SER-05 Weapons
LEG-05 Weapons, Off-Duty Conduct: Powers of Arrest
ADM-03 Wearing of the Uniform
ADM-01 Written Directires
Page 5 of 5
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