Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-10-2002 ICPD General Orders
Date of'Issue [ General Order Number May $, 2000 89-04 Effective Date I Section Code May 10, 2000 I LEG-01 ] Reevaluation Date I Amends / Cancels Ma), 2003 5102 May 2000 issue C.A.L.E.A. Reference 1.2.3 INDEX AS: Civil Rights Arrests Use of Force Rights, Civil Warrants Rights, Individual Search and Seizure I, PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. II. POLICY It is the policy of the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG-01.2 FI! , rl) INDIVIDUAL RIGHTS A. All persons are guarante~ pr~t~ctron aganst unla~ul arrest and unreasonable search or seizure. (see general order 00-01, Search and Seizure) B. Depadment personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or b. The person has commiaed or is commiffing a violation of the law. 2. Entering a private dwelling only when he/she: a. Has in his/her possession a search warrant authorizing hi~her to do so, or b. Has reason to believe that immediate entw is necessaw to protect a pemon within such private dwelling from death or serious injuw, or c. Can othe~ise legallyjusti~ his/her action. 3. Taking from an individual only such property as he/she is legally authorized to take, and recognizing that he/she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such fome which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. (see general order 99-05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG-01.3 CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to seek redress of grievances by: 1. Freedom of speech 2. Peaceful assembly 3. Peaceful picketing 4. Distribution of handbills providing such distribution is not in conflict with the provisions of any City Ordinance. B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which libedy itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Every necessary resource of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non-participants, and will deal with illegal acts promptly, de__cisivel~?nd impartially C~ ..... LEG-01.4 ARRESTED PERSONS ~- ~' ~' -.-,~ ~?.1 t~ k~ A. All persons ct thi~OUntry, nKeep ng with our democratic processes, are guaranteed certain b~.,,~C?onstit~t,ional safeguards. These safeguards will not be denied aQy~,~l~rSo~(ib-v,@-i¥]~ough he/she has committed, or is suspected of havidg?t~'CJ-tn~it~d, a criminal act. B. Department personnel will at all times be aware of a prisoner's rights and shall: 1. Permit the prisoner to communicate with his/her attorney and/or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the prisoner will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the prisoner's right to refuse to give evidence against him/herself; however, there is no encroachment upon a prisoner's rights if he/she should voluntarily supply such information. RESPONSIBILITY Each officer shall familiarize him/herself with the laws and Department directives pertaining to civil rights to insure his/her: A. Recognition of each person's civil rights and B. Compliance with all laws and Department directives relating to civil rights. VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and/or criminal sanctions. R.'J. [/~Tnkelhake, Chief of Police This directive is for departmental use onlY and does not apply in' a~n.y criminal or civil I~roceeding. The department policy sho~l~l not be c°nstrue~ ~sa c~atlotJ ~ a tiI~1~1 leg.al standard of s~.fety or care ih an evidentiarY sense with resp~ to tltird~a;~ claims~ Violations of this directive w~l only form {he bass f~r deDartmenta 0PS-06.t EMERGENCY OPERATION OF POLICE VEHICLES IDate of Issue ' .'1 General Order Number January 23, 200t 95-01 EffectiVe"Dafe I Section Code January 29, 200t I OPS-06 IReevaluation Date Amends OPS-06 Issued Feb 1, 1995 January 2004 11/02 CANCELS OPS-07 SAFETY BELTS C.A.L.E.A. Reference 41.2.1, 41.3.1, 41.3.3 INDEX A S: Emergency Communications Seat Belts Traffic Stops Occupant Restraints Police Vehicle Pursuits I. PURPOSE The purpose of this order is to clarifl/the operation of departmental vehicles in non- pursuit situations. II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. VVhen responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. III. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect. OPS-06.2 IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine (code 1) - Non-life threatening or property damage producing incidents. I.e. shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non-emergency calls. Code 1 responses involve no use of either emergency lights or siren. When an officer is operating in a routine or code 1 mode, he/she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent (code 2) - Immediate response, though there is no imminent threat to life or property. Emergency siren may to be used intermittently at the officer's discretion. I.e. property damage accident with roadway blocked. Code 2 responses involve the use of emergency lights. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while responding to an emergency assignment. A. No unit assigned to departmental personnel shall be driven in such a manner or at such a speed that the operator is unable to safely maintain control of the vehicle. B. No unit shall be driven through an intersection which is controlled by an automatic traffic signal when the red light is showing until said unit has slowed to such a speed that they could safely come to a stop. The officer mai/then proceed with caution. C. No unit shall be driven through an intersection which is controlled by a stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The operator may proceed after determining it is safe to do SO. D. Sirens shall be used whenever necessary in the judgement of the officer driving the vehicle. (There are many times when the use of a siren is unnecessary and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consist.ent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the Old, ion of;~he officer, it is necessary to stop violators and/or alert passing (~OT~co~g operating drivers to dangerous situations such as accident scenes. ,-~-:~ c-~ Once the immediate or apparent need for displaying emergency lights is over; ithey ~._hall be turned off. In a case where emergency lights are used to stop a violato~,~ ~they ~all be turned off after the violator is stopped and shall not be displayed during th~e~Writi~r~, of OPS-06.3 a citation or while conversing with the driver unless, in the opinion of the operating officer, the vehicles are stopped in a position that might create a hazard. The use of emergency lights and/or siren are dictated by the particular circumstances of a call. In the following situations, justification for the use of lights and/or siren may be determined by the officer: A. Responding to a call where there is an immediate threat to person or property. B.Stopping a vehicle on the roadway. C.At the scene of an accident. D.At a traffic control assignment. E.At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his/her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his/her actions. Factors which the officer, shall consider in determining the speed at which a police vehicle__is ope~arrted include but are not limited to: ~ ~ A. the officer's ability to control the vehicle; .~_ C~ ~ B. roadway conditions; ©-~ ~ -:~ C. light conditions; --_~ ~ ~ D. traffic conditions; ~:~ ~- ~ ,---~ E. nature of the offense or situation; ~,:!~ -~ '~--~ F. the danger posed to the public and the officer by the speed of the ~__ ~cle.~'~ The ultimate responsibility for the safe operation of a police vehicle is with tffie operator of the vehicle. The operatiOn of a vehicle against traffic on one-way streets or controlled access roadways shall only be performed under the most extreme circumstances and, when practical, permission is received from a watch supervisor. When an officer is notified of an actual or potential emergency situation by other than the communications center 'the receiving officer shall report to the communications center the nature and location of the incident. When practical, the name of the person who made the initial notification to the officer should be recorded. PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life-threatening or potentially life- threatening situations. Calls shall be categorized and dispatched according to the following priorities: 3 OPS-06.4 A. Priority 1: Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life-threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in-progress crime against a person etc. Officers responding to Priority 1 calls may respond in a Code 2 or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include; intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in a Code 3 or Code 2 mode, or a combination of both. C. Priority 3: All other routine calls for service which require a timely, but non-emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first-aid calls which do not involve life-threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a Code 1 mode. D. Priority 4: Calls for service which are of such nature that they may be taken when the area car is available. Priority 4 calls include but are not limited to animal complaints, parking problems which pose no traffic hazard, etc. Officers will respond to Priority 4 calls in a Code 1 mode. UNIT ASSIGNMENT To the extent possible the nearest area car will be assigned as the initial unit of a Priority I call and will normally respond in either a Code 2 or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a Code 1 mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in a Code 2 or Code 3 mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must rerr~n mir~.~ul of the fact that other emergency vehicles may be responding to the area-.~ qE~de 3 mode. _~ ~: ~'~ -TI OPS-06.5 To the extent possible, the nearest area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either a Code 2 or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a Code I mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to Code 2 or Code 3. Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the ECO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or discontinue the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles will respond to incidents, they should not be assigned as the initial unit on an emergency call. All unmarked vehicles which are routinely used for traffic enforcement shall be equipped with emergency lights and siren. PURSUIT Officers of the Iowa City Police Department engaged in pursuit shall comply with section 321.231 of the Code of Iowa and will be governed by the Iowa City Police Department General Order # 99-01 Police Vehicle Pursuits. ESCORT SERVICE At no time shall private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) be given an escort by a member of this department. With prior notice a watch supervisor may authorize an escort of a funeral procession. This section does not preclude officers from guiding "lost" motorists, or providing non- emergency escorts for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever, the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupa__nts. OPS-06.6 Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative and it does not compromise the safety of the officer(s) involved. R. J. Winkelhake, Chief of Police OPS-08.1 ALARM - OPEN DOOR RESPONSE Date of Issue General Order Number February 9, 1999 99-02 '"Effective Date Section Code February 12, 1999 OPS-08 Reevaluation Date' Amends / Cancels February 2004 11102 Department Memo 96-56 C.A.L.E.A. Reference 1.2,4, 1.3.6, 8t.2.13 See Index I INDEX AS: Use of Force © ry R ibility Superviso espons Building Search ._, -~ -TI Alarm / Open Door Response Canine Procedure I. PURPOSE '~"' ~" The purpose of this policy is to define the responsibilities and dutieS of officers when they respond to burglar alarms or "open door' calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner, which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS-08.2 III.DEFINITIONS ~-:-> © :-; IV. PROCEDURES -':: -~ ~ i ,-;-] A. BURGLAR ALARMS .~./.~ -- When a member of this department responds to a burglar alarmC~he officer should respond in a safe and reasonable manner. When approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and/or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front -.. of the location from which the alarm is coming, instead they should park ' dqwn the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break-in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so with the approval of a supervisor. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back-up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra patrol" initiated for the building; and/or, 3) a search warrant will be requested. Extra patrol requests will be forwarded to subsequent watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch will attempt to OPS-08.3 contact a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return it to the Police Department. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports. B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open door, the following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building repre_s__entati,Le::the next business day. The business representative will b~ advis~l of the date and time of the incident and be asked to-~le~ an emergency contact card.~ ~- C. SEARCH PROCEDURES :::,~-~ ~ 1. If a property representative is not available and~here 'is a reasonable basis on which to conclude that an emergency thr~.t to persons and/or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. 0PS-08.4 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the seamh. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he/she will draw his/her weapon. If the officer decides to. draw his/her weapon, a Use of Force Report shall be completed by each officer drawing his/her weapon. In instances where multiple officers are involved in the search of a building, the on-scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. WARNING This directive is for departmental use only arid 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 administ ati ctions r ve san . OPS-09.1 PRISONER TRANSPORT Date of Issue General Order Number March 17, 1999 99-03 I Effective Date Section Code March 20, 1999 0PS-09 I Reevaluation Date Amends/Cancels. March 2003 11/02 All Ordem In Conflmt I C.A.L.E.A. Previous Review Dates: Chapter 71 February 2000 INDEX AS: Use of force Prisoner Transport -'~' Han u n I. PURPOSE ~ ir~the The purpose of this policy is to provide guidelines for transporting persons custody of officers of the Iowa City Police Department between points of arrest initial booking. II. POLICY Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while transporting .to protect the lives and safety of officers, the public and the person in 0PS-09.2 III. PROCEDURES A. Vehicle Inspection 1. At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact, and outer door latches in proper working order. c. Rear-seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behindor hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been deliw~ed to the detention facility or other destination. ~ g/U --- B. Handcuffin se of Restraints -.:. ~ ~-- 1. Officers should handcuff (double-locked) all prisoners with~'~ haBds '~-'~ behind their back and palms facing outward. .-~,:.~ ~ ~ 2. The officer may handcuff the prisoner with his/her hands in:i~'ont, oro~ use other appropriate and approved restraining device(s) where the prisoner a. is in an obvious state of pregnancy, b. has a physical handicap, or c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he/she poses a threat to himself, the officer, to the public, or to prevent escape. 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. 0PS-09.3 C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 2. Prisoners should not be handcuffed together. 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high-risk prisoners. In particular: a. combatants should be transported separately b. members of rival gangs should be transported separately 6. Prior to initiating transport, the officer should provide communications with the following information. a. arrest location and destination b. mileage reading before and after the transport of juve r member of the opposite sex. c. number of persons being transported d. nature of the charge(s) 7. The officer should assist the prisoner(s) into the squad car~;-~|ng ~are to avoid the prisoner(s) striking their head on the vehicle. F~oner,~ should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Seating of officers and prisoners should, when possible, conform with the following: a. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. b. When a prisoner is being transported in a two-officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. c. Leg restraints should be used when a prisoner exhibits or an officer reasonably believes the prisoner is likely to engage in violent behavior or is an escape risk. d. A single transporting officer shall not transport more than one prisoner in a vehicle without a screen. e. Prisoners should be instructed that they are not to speak to 0PS-09.4 each other, or have contact with outside parties during the transport process. f. Prisoners should be secured in a seatbelt during transport if the officer(s) feel they can safely do so. 9. The physical well-being of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and/or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious p~_hysica~!, illness or injury during transit shall be taken to an em y room for treatment. ?~ b. Escorting officers shall remain with the patient at all time~s unless relieved by other authorized personnel. (th s ma~ ff) include medical sta - c. Potentially violent persons in custody shall be restraine ~d~d~d~d~d~d~d~d~d~.~all times in treatment facility unless such restraint would int~ere with essential treatment. 10. Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with , but not necessarily in the possession of the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non-life threatening yet serious situations, officers should call for back-up assistance and may remain on-hand until such assistance has arrived. 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The Communications operator shall notify the watch supervisor. The officer shall complete report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He/she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 0PS-09.5 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16. When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and visual contact with the subject at all times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. 17. Upon arrival at the Johnson County jail, weapons shall be secured in the provided lockers. 18. Prisoners are in the custody of the Iowa City Police Department until they are received by Johnson County Jail personnel or released by the officer. 19. Persons who are transported for non-criminal procedures should be patted down and seated as indicated above. The officer will decided if the use of restraints is warranted. 20. Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and/or documentation regarding the subject. The receiving officers name should be included on the "booking" sheets. f Of~olice~ WARNING ~ This directive is for departmedtal use only The department policy of safety or care in an ~ claims. Violations of administrative sanctions. PER-02.1 ,,,~ s: o~ HARASSMENT AND ' ~" SEXUAL HARASSMENT Date of ISsue ' General Order Number JUNE 30, 2000 00-02 Effective Date Section Code JULY 4, 2000 PER-02 Reevaluation Date Amends / Cancels JUNE 2003 11102 I C.A.L.E.A. Reference 26.1.3 INDEX AS: Harassment Complaint Procedures Sexual Harassment Supervisor Responsibilities I. PURPOSE The purpose of this order is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. Federal law provides for the protection of classes of.persons based on race, color, sex, religion, age, disability and national origin. This policy, as well as City Ordinance, also protects persons based on their sexual orientation. II. POLICY It is the policy of the Iowa City Police Department that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian, or volunteer, as well as non-employees who conduct business with this agency. This agency considers harassment and discrimination serious misconduct. Therefore, the Iowa City Police Department shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment and discrimination. A violation of this departmental policy can lead to discipline up to and including termination. Repeated violations of this policy, even if "minor" will result in greater leve~s of discip,n~ as appropriate. PER-02.2 II1. DEFINITIONS Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, queStions, representations or physical contacts of either a sexual or non-sexual nature which are unwelcome to the recipient. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. (See also, City of Iowa City Personnel Policies Manual.) IV. PROCEDURES Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co- workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexUal jokes or innuendo, unwelcome touching and lewd gestures or physical conduct, but is not limited to such activity. It may also include more subtle actions which are directed at an individual. Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, and is subject to disciplinary action up to and including termination. PROHIBITED ACTIVITY 1. No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person. 2. Employees shall not make offensive or derogatory comments to any person, either directly or indirectly, based on race, color, sex, religion, age, disability, sexual orientation or national origin. Such harassment is a prohibited form of discrimination under state and federal law and is also considered serious misconduct, subject to disciplinary action, up to and including dismissal from the Department. ~_~ 3. Sexual harassment is defined as unwelcome sexual advanc_e~ req~sts-Tq for sexual favors, and other verbal or physical conduct of a ~.~_xUal _n'~ture-~ when: a. Submission to such conduct is made either explicitly ~ ~mphb~tly a~_~ term or condition of employment. PER-02.3 b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee: or c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under the policy include all persons employed with the depadment, whether sworn or civilian. This policy also covers all volunteers and interns associated with the department. EMPLOYEE RESPONSIBILITIES Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes but is not limited to: 1. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring; 2. Counseling all employees on the types of behavior prohibited, and the departmental procedures for reporting and resolving complaints of harassment; 3. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and 4. Taking immediate action to prevent retaliation towards a complaining party and to eliminate any hostile work environment, where there has been a complaint of harassment, pending investigation. a. If a situation requires separation of the parties, care should be taken to avoid actions that appear to punish the complainant. b. Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non-voluntary, should be temporary pending the outcome of the investigation. Each Supervisor has the responsibility to assist any employee of this department, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Chief of Police for investigation. Each employee of this agency is responsible for assisting in the prevention of harassment through the following acts: 1. Refraining from participation in, or encouragement of, actions that coul~be perceived as harassment; ~_; 2. Reporting acts of harassment to a supervisor; and 3. Encouraging any employee who confides that he/she is being ~"- tasse~or discriminated against to report these acts to a supervisor. ~ PER-02.4 Failure of an employee to carry out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline. COMPLAINT PROCEDURES 1. Any employee encountering harassment is encouraged to inform the harassing person that his/her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation. 2. Any employee who believes that he/she is being harassed should report the incident(s) to their supervisor as soon as possible, so steps may be taken to protect the employee form further harassment, and appropriate investigative and disciplinary measures may be initiated. Where, in the opinion of the employee, this is not practical, the employee may instead file a complaint with another supervisor, the Chief of Police, or persons consistent with the City of Iowa City Personnel Policies manual. In instances where the Chief of Police is accused of harassment, the assistant City Manager shall be notified and will direct the investigation. a. The supervisor or other person to whom the complaint is given shall meet with the complaining employee and document the incident(s) complained of, the person(s) performing or participating in the alleged harassment, witnesses to the incident(s) and the date(s) on which it occurred. b. The employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the Chief of Police. 3. The internal investigating authority designated by the Chief of Police shall be responsible for investigating any complaint alleging harassment or discrimination. a. The internal investigating authority shall immediately notify the Chief of Police and the City Attorneys office if the complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault. b. The investigator shall include a determination as to whether other employees are being harassed by the person, and whether other agency members participated or encouraged the harassment. c. The Chief of Police shall inform all parties involved of the outcome of the investigation. d. A file of harassment complaints shall be maintained in the ~f~ice of~e Chief of Police and the Chief of Police shall compile~r~antidal summary of all harassment complaints .... e. Findings of the investigation shall be entered into th~-?;,m~ml~'s personnel file in accordance with departmental guidelines-~OhLiintemal investigations. PER-02.5 4. The complaining party's confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances. 5. Complainants' or employees accused of harassment may file a grievance/appeal in accordance with departmental procedures, applicable state law and union contract when they disagree with the findings of the investigation or disposition of the harassment claim. 6. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency. RETALIATION 1. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint. 2. Retaliation against any employee for filing a harassment or discrimination complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by this department and by federal statutes. 3. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. 4. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the internal investigative authority. R. J~;Win~e~-'~-ke, Chief of Police INV-02.1 OFFICER INVOLVED SHOOTINGS / LETHAL INCIDENT INVESTIGATIONS Date of Issue I General Order Number AUGUST 1, 2001 I 0t-05 Effective Date I Section Code AUGUST 6, 2001 I INV-02 Reevaluation Date Amends / Cancels ~-? AUGUST 2004 12/02 NEW C.A.L.E.A. Reference 1.3.5,1.3.6,1.3.8, INDEX A S: Use of Force Deadly Force Shootings Internal Affairs I. PURPOSE It is the purposed of this policy to provide guidelines for the investigation of officer~ involved shootings or incidents resulting in the death or serious injury of person possibly resulting from police actions. II. POLICY It is the policy of the Iowa City Police Department that officer-involved shooting incidents and incidents resulting in serious injury or death be investigated with the utmost thoroughness, professionalism and impartiality to determine if officer actions conform with the law and departmental guidelines and directives. Further, the Iowa City Police Department will provide necessary assistance to officers involved in these type incidents. INV-02.2 III. DEFINITIONS IV PROCEDURES A. OFFICER ON SCENE RESPONSIBILITIES Officers involved at the scene of a shooting or other incident;,[esulffng the death or serious injury of a person resulting from t~"a'ct~o~s or involvement of a member of the Iowa City Police Departme~it, shal~ake those measures that are reasonably possible and appropriate to protect their safety, the safety of others, and to preserve evidence essential to the investigation of the incident. This includes but is not limited to the following actions as appropriate: 1. Ensure that the threats to officer safety and the safety to others are addressed. 2.Secure and separate suspects. 3. Relay information on fleeing suspects to communications and other field units and work with them to establish a containment area. 4. Request a supervisor and additional backup, emergency medical service and any other assistance immediately required. 5. If injured, administer emergency first aid to oneself if possible, then administer basic medical aid to suspects and others as necessary, pending arrival of emergency medical assistance. 6. Secure any suspect weapons as evidence. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 7. As time and capabilities permit before supervisory and other assistance arrives: a. Secure the area, establish a perimeter with crime scene tape and limit access to authorized personnel necessary to investigate the incident and assist the injured. b. Note time, survey the entire area for relevant facts, individuals who are present and who depart the scene, witnesses, potential suspects and suspect vehicles. c. Protect evidence from loss, destruction or damage that is likely to occur before backup can arrive. Ensure that evidentiary items are not moved, note original location and position of persons, weapons, and other relevant objects and evidence. d. Record the names, addresses and phone number of all witnesses and other persons present at the scene and request that they remain on hand in order to make a brief statement whether or they saw the incident. B. SUPERVISORY RESPONSIBILITIES AT THE SCENE 1. Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. 2. If the officer has been shot or otherwise injured in the incident: a. Ensure that an officer accompanies and remains with the officer at the hospital. INV-02.3 b. Ensure that the officer's family is notified on a priority basis and in person by a Watch Commander or Supervisor when possible. Ensure that th.ey are assigned transportation to the hospital or other location where they are needed as soon as possible. Watch Supervisors should refer to the officer's Emergency Notification form prior to making the notification. c. Do not release the officer's name to the media or unauthorized parities prior to the family being notified. d. Assign an officer to the family for security, support, control of the press and visitors, establishment of communications and related matters. e. Ensure that the clothing of officers and other injured persons is collected for potential evidentiary purposes and that related equipment of the officers is safeguarded. 3. If the officer is not injured, move him/her away from the center of activity accompanied by another officer. 4. Secure the officer(s) weapons as evidence. This shall be done in as discreet manner as possible and away from the immediate scene. The weapon shall be replaced as soon as reasonably practical, preferably immediately upon removal of the involved weapon. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 5. Confirm that the preliminary steps in item IV~A have been adequately addressed and, if not, take appropriate action to ensure that necessary actions are taken. 6. Ensure that the immediate area is contained and-detain any suspects therein. 7. To the extent necessary, ensure notifications are made, to other agency personnel, to include: a. Watch commander b. Commanding Officer Field Operations c. Commanding Officer Administrative Services -- d. Commander of Investigations e. Chief of Police f. Public Information Officer g. City Legal Department h. County Attorney _ ~,_ ~ _-*,~, i Medical Examiner j. Chaplain 8. Establish a command post if necessary. 9. Appoint a recorder to make a chronological record of activities at the scene, to include: persons present, actions taken by police personnel and the identity of any personnel who entered the incident/crime scene, to include emergency medical and fire personnel. 10. Diagram the scene and photograph it as soon as possible. INV-02.4 11. Establish a media staging area as time permits unless the Public Information Officer assumes this responsibility. 12.Begin the following: a. Locate and secure-or secure in place - the officer's weapon(s) and ammunition casings. Check the weapons of all officers present, for discharge and secure the weapon when evidence of discharge exists. b. Locate the suspect's weapon(s) ammunition and expended cartridges. c. Collect information about the suspect, including name, physical description, domicile and other pertinent information. d. Locate and secure as evidence any clothing that may have been removed from the suspect by emergency medical personnel or others. e. Determine the ori§inal position of the officer(s)and t~,,s, usl~'e~ct(s) at the time of the shooting or use of force. ,~-i; -"~ --- C. POST-SHOOTING TRAUMA -~," o~ : 1. Sworn and non-sworn personnel shall be familiar wi~ ~nd the provisions established by the IoWa City Police ~m~t post-shooting/use of deadly force emotional traur~a in ~'¢lice personnel, co a. The Officer in Charge shall ensure that those involved in the incident are allowed to contact family members as soon as practical after the incident. In the event the officer is injured and unable to contact family members, the Commanding Officer Field Operations or designee shall ensure that immediate family members are notified in person as soon as reasonably practical after the incident. b. The name of the officer(s) involved in the incident shall not be released until there has been a reasonable opportunity to notify immediate family members. c. The Commanding Officer Field Operations or designee shall make contact with all involved officers within 24 hours of the incident and explain Employee Assistance Programs that are available to the employee. d. Within 72 hours of the incident, the Commanding Officer Field Operations or designee shall contact a traumatic stress professional. He/she shall arrange for private appointments for the officer(s) determined to be directly involved in the incident and as requested, for their immediate family members. e. Upon request, agency personnel will be provided counseling services, for post incident stress. 2. All personnel should be familiar with available mental health services and avail themselves of these services following officer- involved shooting/use of deadly fome incidents. 3. The Chief of Police may place an officer involved in an incident resulting in death or serious injury on administrative leave or remove him/her from field duty consistent with the departments INV-02.5 Use of Force Order. Prior to returning to field duty, officer(s) involved in the incident may be required undergo a fitness for duty evaluation. D. INVESTIGATOR'S RESPONSIBILITIES Investigation of officer-involved shootings/use of deadly force shall be the responsibility of the Commanding Officer Field Operations. In cases where the force is used by the Commanding Officer Field Operations, the investigation shall be assumed by the Chief of Police or designee. The Commanding Officer Field Operations may appoint an Officer in Charge (at the rank of sergeant or above) who shall be responsible for ensuring that the following tasks are adequately addressed in the order deemed necessary and appropriate. 1. Ensure that tasks itemized in sections IVA and IVB of this policy have been appropriately and adequately completed. Take measures to ensure that any deficiencies in completing tasks are immediately remedied. 2. Receive a general briefing and walk-through by the supervisory officer regarding the circumstances surrounding the shooting/use of deadly force. 3. Ensure that the overall scene and evidentiary items are photographed and videotaped. Videotape all persons present at the scene. ~3plor photographs of the officer as he/she appears at the sq~e sh~ be taken, to include any injuries sustained. 4. Ensure thorough inspection of the scene and proper co~,~_~on ~ all'~__J~ items and substances of evidentiary value. 5. Obtain taped statements from the suspects. 6. Ensure that notification ~s prowded to next-of-kin of~-~@Jure~or'_J deceased Suspects, preferably by someone of the rank of~J~ea~ or above. 7. Locate and identify witnesses and conduct initial tape-recorded interviews. 8. Tape record interviews with fire department personnel, emergency medical service providers and other first responders to the scene. 9. Conduct separate tape-recorded interviews with each officer involved. a. Conduct the interview in a private location away from sight and hearing of agency members and others who do not have a need and a right to the information. b. Advise the officer(s) not to discuss the incident with anyone except a personal attorney or attorney representing the city, union representative, family member, health care professional or departmental investigator until .the conclusion of the preliminary investigation. c. Be cognizant of symptoms of post-traumatic stress, to include time and space distodions, confusion, hearing and visual distortion and emotional impairment, including shock. (Defer tape-recorded interviews if these symptoms are evident) 10.Take any weapon used by the officer(s) into custody and handle it as evidence. The officer shall be provided a replacement weapon when INV-02.6 practical after collection of his/her weapon. Firearms shall be taken from officers in a discrete manner. 11.Where an officer has died, the Officer in Charge shall ensure that procedures established for line-of-duty deaths and death notifications are followed. 12. Contact the medical examiner and attend the autopsy of officer and/or suspect. Determine entrance and exit wounds, estimates of the shooter's position the presence of controlled substances in the decedent's blood or other related evidence. 13. Obtain search warrants as necessary for searches of vehicles, containers, homes and vehicles. 14. Develop a statement of preliminary basic facts for the media to be delivered by the agency spokesperson in conforman~ with~,the department's media policy. -~ ~-~ 15. Other investigative procedures as determined by the Offic~ m Ctl~ge or Commander of Field Operations. 16. Complete a report detailing the finding of the investigationt~ E. CHIEF OF POLICE The Chief of Police or designee may request the Iowa Del~artme~ of Criminal Investigation to conduct an independent investigation 6P all incidents resulting in the death of an officer or citizen, resulting from or in the performance of their duties. The Chief of Police shall cause an Internal Affairs investigation to be initiated in incidents resulting in death or serious injury of an officer or citizen, resulting from or in the performance of the officer's duties. The Chief of Police may require a Critical Incident Debriefing within 10- days of the incident or completion of the investigation. This analysis should include the Commanding Officer Administrative Services and, as applicable, representatives of outside agencies involved in the incident, the Watch Commander of the watch that the incident occurred, on-duty supervisors at the time of the incident, Incident Commander, and others as determined by the Commanding Officer Administrative Services. Other command or supervisory personnel may attend with the consent of the Commanding Officer Administrative Services. WARNING This directive is for departmental use only and does not apply in any cr m na or civ, p oceedmg. The department pohcy should not be construed as a creabon of ,a legal Standard of safety or c~re in an evidentiary sense With respect to th ~dl~rl claims...Violations of this directive will only form the basis for depa~m~rit~