HomeMy WebLinkAbout01-08-2002 Communication City of Iowa City
MEMORANDUM
Date: December 5, 2001 ,~~.b/~/'' ~ ,,,)
To: Steve Atkins, City Manager ._._ .
From: Sarah E. Holecek, First Assistant City Attorney~
Re: PCRB #01~01: Reconciliation of Police Chief's report and PCRB report with
respect to propriety of searches
As you know, the findings of the Police Citizens Review Board in Complaint #01-01 diverge from
those of the Police Chief's report with respect to the propriety of the searches conducted by the
officers. To refresh your recollection, I note that, in contrast to the Police Chief's report which did
not sustain allegations of an illegal search, the PCRB found that "aspects of the search were not
consistent with law and the Iowa City Police Department Policy". After reviewing the PCRB report,
the Police Chief's report, and the Internal Affairs materials supplied to the PCRB, and after
speaking with the PCRB's legal counsel, it appears that the deviation between each report's
conclusions results from differing factual accounts by the Complainant's eleven-year-old son and
a question of procedure.
First, the Police Chief's report was based on interviews with the officers, the Complainant and the
Complainant's eleven-year-old son, the latter two of which were provided to the PCRB with the
Chiefs report. After receiving the Chiefs report, the PCRB conducted an independent interview
with the Complainant's eleven-year-old son, It appears that, during that later fnterview, the
Complainant's son stated that officers searched in his bedroom drawer, but did not look into
closets or other areas where a person could hide. Indeed, if the officers proceeded to look
through the other areas of the apartment based on the safety check and protective sweep warrant
exceptions, looking into a bedroom drawer would be inappropriate, as such an area would not
harbor a safety risk. The PCRB's disagreement with the Chiefs report on this matter appears to
be based on the subsequent factual account of the eleven-year-old rather than the boy's original
account and the officers' statements. In sum, the divergence between the two findings appears to
be based on the factual issue of the extent of the officers' search as well as the credibility of
witnesses.
Next, the PCRB questions whether an e[even-year.-old has both the capacity and common
authority over the premises necessary to effect an appropriate consent to search. Noting the
complexity of the juvenile consent issue, the Board states its belief that it would have been
appropriate for officers to "consult with an on-duty watch supervisor" in accord with General Order
Number 00-01 (Search and Seizure). However, it is important to note that this General Order did
not address the complex issue of juvenile consent. Rather, it outlined the parameters for a
consent search and instructed officers to consult an on-duty watch supervisor if an officer is
unsure whether a situation falls into one of the listed categories. As the result of this incident, the
Department's po[icy regarding juvenile procedures has been updated on the issue of juvenile
consent, and provides for ensuring both capacity and authority prior to search.
cc: Eleanor M Dilkes
R.J. Winkelhake, Chief of Police
Persons who desire to file a complaint with the Police Citizens Review Board must obtain
and complete a PCRB Complaint form. PCRB Complaint forms are available at:
The Iowa City Police Department
The Iowa City Public Library
and
The Iowa City City Clerk's Office
You may also contact the Iowa City City Clerk's Office and request the form to be mailed.
Completed forms must be returned, and on file, with the Iowa City City Clerk's Office
within 90 days of the incident about which you have filed the complaint. Completed
forms may be returned to the Iowa Git5' City' Clerk's Office either by mail or in person.