HomeMy WebLinkAbout03-11-2003 ICPD General OrdersADM 06.1
INTERNAL
AFFAIRS
INVESTIGATIONS
Date of Issue I General Order Number
July 9, 1999 99-06
IEffec§ve Date
July 9, 1999
Section Code
ADM-06
IReevaluation Date
July 2005
Amends / Cancels
2/03 92-03 ADM-06
I c.A.L.E.A.
52.1.1- 52.1.11
IReference
Department Disciplinary Philosophy
INDEX AS:
Internal Affairs Investigations Register (lAIR)
lAIR Forms I - 12
Internal Affairs Investigations
Knowingly Providing False Information
Evaluations
Police Citizen's Review Board
Discipline
I. PURPOSE
The purpose of this order is to establish the policy and procedures for the
investigation of complaints mede against Department personnel, policies and/or
procedures. This order provides the guidelines for the prompt, fair, and impartial
investigation and disposition of citizen complaints and allegations.
I1.
POLICY
It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and / or against Department
policies and procedures, regardless of the source of such complaints. This
policy shall include the investigation of alleged or suspected violations of law,
ADM 06.1
III.
ordinances or Department rules, regulations, policies, procedures or orders
(written or oral) as reported to Department managers and supervisors by:
1. Members of the Department in any of the following manners: in writing,
orally, by telephone, or by correspondence (signed or anonymous).
2. Citizens (including prisoners) who report to any Department member in
any of the following manners: in writing, orally, by telephone, or by
correspondence (signed or anonymous), or pursuant to the City's Police
Citizen's Review Board ordinance.
3. Supervisors or personnel who observe or suspect violations by
Department personnel.
DEFINITIONS
A. COMPLAINT
The thorough, standardized investigations of these types of complaints
demonstrates the Department's desire to provide honest, efficient police
service and will inspire public confidence in Department personnel. A
regulated program of complaint review is established to ensure the fair and
impartial treatment of Department members who may become subjecri~e the
internal review procedure. Clearly defined policy and proce~__-re~..s p~mits
em. p!oyees to know what to expect; reassures the public that dis~c~pt~.e ~Jl be~j
aommistered, if necessary; and provides a pre-determined .methocP-for~--
informing both the public and employees of the disposition of the 'c~mPlain~.
A complaint is defined as an act of expressed dissatisfaction, either oral
or written, which relates to department operations, departmental policy,
personnel conduct, or alleged unlawful acts. Generally, complaints are
based on allegations of misconduct or violations of procedure. A
complaint may be filed either internally, that is by a Department member
who wishes to report infractions or violations by another member, or
externally, such as when a citizen complains about a member of the
Department.
2. A complaint includes those filed with the Police Citizen's Review Board
pursuant to Ordinance.
B. NON-DISCIPLINARY INCIDENTS OR VIOLATIONR
1. Non-disciplinary incidents or complaints shall mean complaints or
allegations which, on their face, do not involve alleged violations of law,
rules, regulations, general orders or procedures of the Police Department.
C. NON-PUNITIVE INCIDENTS OR VIOLATIONR
Non-punitive incidents or violations shall mean incidents or complaints
which, on their face, allege minor infractions of rules, regulations, general
orders, or procedures by Police Department personnel for which the
ADM 06.3
apparent appropriate disciplinary action is limited to counseling and/or
oral or written reprimand by use of the departmental Report of
Inquiry/Incident form.
D. PUNITIVE INCIDENTS OR VIOLATIONS
1. Punitive incidents or violations shall mean incidents or complaints which,
on their face, allege violation(s) of the law, rules, regulations, general
orders, or procedures by Police Department personnel for which the
apparent appropriate disciplinary response consists of punitive action
ranging from loss of privileges to suspension, demotion, and/or dismissal.
IV. AUTHORITY AND RESPONSIBILITY
A. COMMANDING OFFICER, FIELD OPERATIONS
1. The Commanding Officer, Field Operations, shall be responsible for the
internal affairs investigation function of the Department.
The Commanding Officer, Field Operations, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
The Chief of Police or the Commanding Officer, Field Operations may
assign the investigation of internal affairs cases to personnel from other
divisions, sections or units within the Department, if it is determined that
this course of action is in the best interests of the Department.
o
If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
5. After notifying the Chief of Police, the Commanding Officer, Field
Operations, shall contact the City Attorney's Office and the County
Attorney's Office when internal investigations concern possible violations
of criminal law. This contact may be for notification and/or legal advicg..pr
assistance in case preparation. ~ ~; ~:
1. Supervisory and command personnel shall cause to be i~i~ted ~.an
internal affairs investigation when the action allege~ is ~n
infraction/violation of State Code, Federal laws, City ordinance or
Department policy and within the scope of their authority for the initiation
B. ALL SUPERVISORY AND COMMAND PERSONNEl
ADM 06.4
of this action. Examples of complaints which will be investigated by the
Internal Affairs function are: allegations of corruption, brutality, misuse of
force, violations of individual civil rights, criminal conduct, etc. This is not
a complete listing of such examples, but is an example to provide
guidance for supervisory personnel. These types of complaints will be
documented on the departmental Report of Inquiry/Incident form and
directed to the COFO.
Supervisory personnel shall investigate complaints, verbal or written,
which do not involve alleged violations of Federal or State law, City
ordinance, or Departmental policy which come to their attention, as an
example, alleged rudeness, not providing information about a ticket or
arrest, tardiness, incomplete reports, insubordination etc. ,:Tt~is is ~et a
complete listing of such examples, but is an example to pro~ui~ce
for supervisory personnel. These types of complaints will be'~o~qm~.~ed
on the departmental Report of Inquiry/Incident form.
C. ALL DEPARTMENT PERSONNEl
It shall be the duty of all Department personnel to report an action which
may be a violation of laws, ordinances, rules, regulations, policies,
procedures, or orders by any Other Department member to the immediate
supervisor of the employee engaging in said action.
INTERNAL AFFAIRS INVESTIGATION REGISTER
The Internal Affairs Investigation Register (lAIR) is designed to provide the
Iowa City Police Department with a control device to assure that complaints,
which on their face, allege a violation for which the appropriate disciplinary
action would be punitive in nature, (as defined in Section III D 1), will be
investigated. These include, but are not limited to, complaints received by
the Department, or which originate through action of a Departmental member,
or complaints received from the PCRB.
The lAIR will be maintained by the Commanding Officer, Field Operations
Division. Entries in the lAIR shall contain sufficient and accurate information
of both the allegations and the disposition of the complaint. The lAIR will be
maintained in a secured area within the Commander's office.
C. Complaints logged in the lAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
To ensure that required investigations are being completed within a
reasonable time, periodic inspections of the lAIR will be made by the
Commanding Officer, Field Operations and status reports will be forwarded to
the Chief of Police.
ADM O6.5
E. The Commanding Officer, Field Operations shall assign a control number to
each complaint received and record the number in the lAIR, and on the copy
of the complaint form.
1. The numbering system shall be sequential, prefixed by the year, i.e., 02-
01, 02-02.
VI. REPORTING PROCEDURES
A written record of all complaints against the Police Department or its
personnel shall be maintained regardless of the nature, scope, or
reasonableness of the complaint.
B. Compliance with the following procedures is the responsibility of the
supervisor and/or member addressing the complaint.
1. Conduct a preliminary examination of the complaint.
2. Ensure that the complainant understands the state statute~¢p~cer~ing
"obstructing justice" and false reports to law enforcemen[;,:~utho,~.~es.-~,
(Attachment A) ,--: ~._
3. Complete a Report of Inquiry Form (lAIR Form 2) ' ~ ;~
~ ~:.
a) If on the face of the allegations, which if taken as true, th~ is a c~ar
indication that the officer or employee did nothing improper, then'the
Report of Inquiry Form shall be completed, indicating same, and
forwarded through the chain of command to the Commanding Officer,
Field Operations Division.
b)
If, on the face of the allegations, which if taken as true, the complaint
or allegation is minor and within the scope of the supervisor's
authority, the supervisor may resolve the complaint by use of the
Report of Inquiry/Incident form, and forward the report and results to
the Commanding Officer, Field Operations Division.
c)
d)
When it appears that an officer or employee may have violated state
or federal law, city ordinance or Department policies and procedures,
the Report of Inquiry shall be forwarded to the Commanding Officer,
Field Operations, within 24 hours of the complaint.
The commanding Officer Field Operations shall maintain the Report
of Inquiry/Incident forms. Supervisors shall review an officer's Report
of Inquiry/Incident form(s) when completing a subordinate's annual
evaluation.
ADM 06.6
e)
When it appears that an officer or employee may have committed an
illegal or criminal act or may have violated a person's constitutional
rights, the Report of Inquiry shall be forwarded to the Commanding
Officer, Field Operations within 24 hours of the complaint.
Commanding Officer, Field Operations shall forward a copy to the
Chief of Police within 24 hours of receiving the Report of Inquiry.
f)
The City Attorney's Office shall be consulted when there is an
allegation which on it's face alleges illegal/criminal activity, civil rights
violations, gross negligence, or excessive use of force.
g)
All Report of Inquiry Forms shall be submitted for approval by the
Commanding Officer, Field Operations level, prior to being forwarded
to the Chief of Police.
Within 72 hours of receipt of Report of Inquiry form by the Commanding
Officer, Field Operations, a determination shall be made as to whether an
internal investigation will be initiated. The accused member should be
notified of the investigation decision within this 72-hour period. In
exceptional cimumstances, i.e., allegations of on-going criminal activity, the
Commanding Officer, Field Operations, with the approval of the Chief of
Police, may waive this notification.
The Chief of Police or designee, shall contact the complainant within seven
(7) calendar days of receiving the complaint and inform the complainant of
receipt (lAIR Form 1) and the status of the complaint. Included in this
contact will be an offer of informal mediation by the Chief.
Internal Affairs investigations pursuant to complaints shall be completed
within sixty (60) calendar days of receipt of the initial complaint. An
extension may be granted by the Chief of Police where extenuating
circumstances exist. Status reports on the investigation of complaints shall
be submitted to the Chief of Police every seven (7) calendar days to assist in
this determination.
If an investigation continues beyond sixty (60) calendar days, a status report
will be provided to the complainant by the assigned investigator_._ A con of
the status report will be forwarded to the Commanding (3~cer, E~eld
Operations. ?: ~ L_~,,~
VII. INVESTIGATIVE PROCEDURES
The Chief of Police may requ re an employee to submit to a~edic~_ or
laboratory examination, to be photographed, to submit financial disclosmre
statements, or participate in a line-up, when such information or actions ere
specifically directed toward and narrowly related to a particular internal
affairs investigation. Failure to follow a direct order of this nature shall
ADM 06.7
constitute a separate infraction and may result in termination. (However, if
an internal investiqation involves alleqations of criminal actions1 employees
shall be afforded all their le.qa or constitutional riqhts.)
1. The City Manager may impose the requirements of paragraph A above.
when the complaint is directed toward the Chief of Police.
An employee under investigation may not be compelled to submit to a
polygraph, Voice Stress Analysis, or any other instrument designed to detect
deception. However, an employee under investigation may voluntarily
submit to such examination after being made aware that such actions are
strictly voluntary, and refusal to submit does not imply any guilt or admission
of the 'violations. The results of the examination shall not be used in any
commission hearing, court or trial as evidence of guilt or innocence, unless
agreed to by all parties.
Based on the requirements of Iowa law, an employee may be required to
submit to. a medical or laboratory examination, at the agency's expense,
when the examination is specifically directed toward and narrowly related to
a particular internal affairs investigation being conducted by the agency. An
example of the use of this process is determining drug use by employees.
An employee may also be required to be photographed, to participate in a
line-up and/or submit to a financial disclosure statement when the actions
are material to a particular internal affairs investigation being conducted by
the Department or an outside agency. The above will always be based on
the requirements of Federal law, Iowa law, and any case law, and precedent
thereunder when not in conflict with any labor law or signed labor
agreements.
The assigned investigator conducting an internal investigation shall conduct
the investigation fairly and impartially toward both the complainant and
police personnel.
The assigned investigator(s) shall conduct such interviews as are
deemed necessary in order to accumulate all necessary evidence and
facts pertaining to the complaint as determined by the Commanding
Officer, Field Operations.
2. The assigned investigator shall follow state law, city ordinance, and labor
contracts concerning disciplinary actions utilizing the appropriate forms
depending on the alleged violation.
a) Notification of Complaint / Investigation (lAIR Form 3).
b) Request / Waiver of counsel (lAIR Form 4).
c) Administrative Proceeding Rights Form (lAIR Form 5).
ADM 06.8
d) Criminal Rights Form for alleged violations of Criminal Law (lAIR Form
6).
e) Compelled statement advisory notification form.
At the conclusion of the investigation, the Commanding Officer, Field
Operations shall submit an Internal Investigations Report to the Chief of
Police for review and approval, in the format as outlined in lAIR Form 7.
The investigating officer(s), upon completing the internal investigation,
shall conclude the report by classifying the individual allegations into one
of the following categories:
a) Unfounded: The investigation indicates that the act(s) complained of
did not occur or did not involve police personnel.
b) Exonerated: The complained of acts did occur, but were justified,
lawful, and proper.
c) Not Sustained: The investigation fails to discover sufficient evidence
to clearly prove or disprove the allegations made in the complaint.
d) Sustained: The investigation disclosed sufficient evidence to clearly
prove the allegations made in the complaint.
e)
Policy Failure: Investigation reveals that the alleged acts did occur
and were improper; however, the officer was acting in accordance with
established Department policy.
5. The investigative report and finding(s) shall be forwarded to the
Commanding Officer Field Operations for review. COFO mayl
Q
a) Accept the report and finding(s) of the investigating office~-~)?
b) Return the report for further investigation, or ~' - --
c) Reclassify the complaint as mentioned in #4 above.
6. When the act complained of is a criminal offense, and the evidence f~m
the above investigation establishes probable cause that the act was
committed, the Commanding Officer, Field Operations shall forward the
information to the Chief of Police, who shall notify the City Attorney's
office, and in consultation with the City Attorney's office shall decide
whether:
a) the County Attorney's Office shall be involved; and
b) the accused person(s) should be arrested forthwith; or
c) a warrant for arrest should be first obtained; or
ADM 06.9
d) criminal action should be delayed pending further investigation; or
e) request assistance from another law enforcement agency.
7. Status Reports - The Internal Affairs Investigator will provide the following
information:
a) Provide a weekly status report, verbal or written, to the Commanding
Officer, Field Operations.
b) Cause to be provided a status report to the complainant within sixty
(60) calendar days.
VIII. INVESTIGATION SUMMARY OF FINDINGS
IX.
A. Upon final receipt of the Internal Investigation Report (lAIR Form 7), the
Commanding Officer, Field Operations, shall review the report for
completeness.
B. If the complaint is sustained, the report shall include:
1. Prior disciplinary action against the employee.
2. Recommended disciplinary action believed to be appropriate, based on
the investigation results and the employee's employment history.
C. In cases involving complaints against the Commanding Officer, Field
Operations, all matters will be handled by the Office of the Chief of Police.
D. In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or his/her designee.
E. Final approval of internal investigation recommendations shall be decided ,by
the Chief of Police except under Subsection C above. The Ch'~,a~ of Po~!?e
shall have authority to modify any such recommendations in
deemed appropriate by the Chief of Police. ~
DISPOSITION OF INTERNAL INVESTIGATION FINDINGS
A. Complaints that are determined to be "sustained" will be fil~ in t~
employee's personnel file by the Chief of Police. Allegations that are
determined to be "unfounded", "exonerated", "not sustained", or result in a
"policy failure" finding shall be filed by the Chief of Police in the internal
investigation file with the Commanding Officer, Field Operations, and shall
not be entered in the employee's personnel file.
ADM 06.10
The officer or employee who is the subject involved in the investigation shall
be notified of the disposition by lAIR Form 8, as will any outside complainant
by lAIR Forms 9, 10, 11, and
X=
CONFIDENTIAL NATURE OF INVESTIGATIONS
Ao
Many mistaken or even deliberately false reports and accusations are made
against police officers. In some instances, the' most conscientious and hard-
working officers will be the subject of such reports. In order to ensure the
integrity of the Department, it is necessary to investigate completely and
thoroughly all reports and accusations from all soumes. This must bedone.
At the same time, the reputations and good names of innocent police officem
must be protected. This is important to Departmental and individual morale,
and to the effectiveness of police operations.
Sustained cases and the disciplinary actions taken may be a matter of public
information pursuant to Iowa Code Chapter 22. The public nature of such
cases and any disciplinary action thereunder shall be decided by the Chief of
Police on a case-by-case basis in consultation with the City Attorney's Office.
All other cases will be regarded as confidential and the records of such cases
will be maintained in the office of the Commanding Officer, Field Operations.
Xl. DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose a fully-paid emergency
Administrative Leave of Absence on a member or employee when it appears
necessary to preserve the efficient and safe operation of the Department.
The supervisor shall promptly notify the Commanding Officer, Field
Operations, who shall promptly notify the Chief of Police.
Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless
otherwise instructed.
a) The Supervisor imposing or recommending the Adminisff, r~tive I~ave
of Absence will report at the same time.
B. Supervisory personnel may take the following disciplinary measuros.
1. Written recommendation for disciplinary penalties. ~:. ~ '.--:
2, Recommendations for discipline within an employee evaluati~
$. Written reprimand with documentation. Copies of all such written
reprimands shall be forwarded to the personnel department for inclusion
in the employee's Personnel file.
ADM 06.11
4. Oral reprimand with documentation. All such written documentation for
discipline and/or documented oral reprimands shall be forwarded to the
Iowa City Personnel Administrator for inclusion in the subject employee's
Personnel File.
C. Final Department authority and responsibility for discipline rests with the
Chief of Police.
D. The Chief of Police has full power and authority to reprimand, suspend,
demote, or terminate any Department member for disciplinary purposes.
Such employee retains all rights of appeal under applicable laws in
accordance with and subject to the provisions of Iowa Code Chapter 400 and
collective bargaining agreements.
e, Chief of Police
ADM 06.12
ATTACHMENT "A"
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
A person who reports or causes to be reported false information to a fire department or
a law enforcement authority, knowing that the information is false, or who reports the
alleged occurrence of a criminal act knowing the same did not occur, commits a simple
misdemeanor, unless the alleged criminal act reported is a serious or aggravated
misdemeanor or felony, in which case the person commits a serious misdemeanor.
719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing
Defense (Iowa Code)
A person who, with intent to prevent the apprehension or obstruct the prosecution or
defense of any person, knowingly does any of the following acts, commits an
aggravated misdemeanor:
Destroys, alters, conceals or disguises physical evidence which would be
admissible in the trial of another for a public offense, or makes available false
evidence or furnishes false information with the intent that it be used in the trial
of that case.
Induces a witness having knowledge material to the subject at issue to leave the
state or hide, or to fail to appear when subpoenaed.
0PS-19.1
JUVENILE
PROCEDURES
Date of Issue General Order Number
NOVEMBER 20, 2001 01-06
Effective Date
NOVEMBER 26, 2001
'Section Code
OPS
Reevaluation Date Amends / Cancels
JANUARY 2004 1/03 NEW
C.A.L.E.A. Reference
Chapter 44
INDEX AS:
Arrest
Investigation Procedures
Searches
I PURPOSE --"
The purpose of l~is poli~ is to provide guidelino~ for mombom of the Io~ Ci~ ~li~
Depa~nt ~en deali~ ~ juveniles in enfor~nt, cust~y, and child ~re
situations.
II. POLICY
The Iowa City Police Department is committed to the reduction of juvenile delinquency
and committed to the development and continuation of programs designed to prevent
and control juvenile delinquency. The Departments juvenile function is the equal
responsibility of all members, units and functions within the department. It is the
responsibility of all members of the Iowa City Police Department to familiarize
themselves with juvenile problems and established procedures for handling both
criminal and non-criminal juvenile incidents as defined in this policy. Officers should
bear in mind that only a small percentage of juveniles commit the majority of juvenile
crimes. While this small percentage may require secure custody, the vast majority of
juvenile offenders are likely candidates for non-secure custody and positive diversion
and intervention strategies. With this in mind, officers should, when reasonable and
justified under this policy, take those measures necessary to effect positive changes in
juvenile offenders that are consistent with state law and the safety and securit
interests of the community. ,
OPS-19.2
II1. DEFINITIONS
Status Offender: A juvenile who is charged with an offense that would not be a crime if
committed by an adult.
Responsible Adult: In the absence of a juvenile's parents or legal guardian, a
responsible adult is one who is responsible for the physical custody of a juvenile or who
is another adult acquaintance of the juvenile's parents or legal guardian who agrees
and reasonably demonstrates 'the ability to provide supervision for the juvenile until
parents, guardians or next of kin can assume responsibility.
Non-Secure Custody: A condition under which a juvenile's freedom of movement is
controlled by members of this agency and, during such time, the juvenile
1. is held in an unlocked, multi-purpose area that is in no way designed for
residential use, such as a report writing room or an office;
2. is at no time handcuffed to any stationary object;
3. is held only long enough to complete identification, investigation and
processing and then released to a parent, guardian or responsible adult or
transferred to a juvenile facility or court; and
4. is under continuous visual supervision until released.
Secure Custody: A condition in which a juvenile is physically detained or confined in a
locked room, set of rooms or a cell that is designated, set aside or used for the specific
purpose of securely detaining persons who are in law enforcement custody or when the
juvenile is physically secured to a stationary object.
IV. PROCEDURES
A. Enforcement Alternatives
Officers dealing with juveniles in enforcement capacities may exercise reasonable
discretion as outlined in this policy in deciding on appropriate actions. Alternatives that
may be considered include, but are not limited to; 1. release without further action;
2. informal counseling to inform the youth of the consequences of his actions;
3. informal referrals to community services;
4. referral to parents or responsible adult; _
5. informal counseling of parents or responsible adult;
6. limited non-secure custody and warning at the PD;
7. issuance of summons or complaint;
8. arrest under non-secure custody; and
9. arrest under secure custody.
Upon deciding on an appropriate course of action, officers should ~l~ide b~any
notification requirements, consistent with state law and other departmental directi,~s.
OPS-19.3
B. Enforcement Criteria
The following general guidelines may be used in determining appropriate enforcement
and related actions that may be taken when dealing with juvenile incidents.
I. Release without further action following informal counseling may be appropriate in
certain minor incidents.
II. When in the officers opinion, more than informal counseling needs to occur, the
officer may elect to do one or more of the following: Make contact with the juvenile's
parent(s), guardian or other responsible adult; make a referal to an appropriate
community service agency with or without follow-up; detain the juvenile at the PD until
he/she can be released to a parent or guardian. These actions may be appropriate
when:
A. the incident is of a more serious nature; or
B. the attitude conveyed by the juvenile demonstrates a lack of realizing the
seriousness of the incident; or
C. the juvenile has received prior warning, referrals, or has engaged in previous
delinquent acts; or
D. the juvenile's parent, guardian or responsible adult fails to provide appropriate
control or supervision
III. Officers may make a criminal referral when the circumstances surrounding the
incident meet or exceed the seriousness mentioned above· Officers should make a
criminal referral against juveniles when they commit:
A. acts that if committed by an adult would be serious misdemeanor or higher
level charge
B. acts involving weapons;
C. gang related offenses;
D. acts which are assaultive in nature; - J --
E. acts committed while on probation or when they have charg6,~per~ng
against them;
F. acts as repeat offenders or when they have refused to participat~r~ive~on
or intervention programs; or
G. when it has been determined that parental or other adult supervision is
ineffective.
When a juvenile is taken into custody, he/she should be transported to the police
department or the detention facility as soon as reasonable practical, after being taken in
to custody.
IV. An officer may also take a juvenile into custody if the juvenile is in imminent danger
to life or health, seriously endangered or is a runaway, or in violation of an order of
disposition. In all such cases these juveniles shall be held in non-secure custody and
officers should contact the juvenile's parent(s) or guardian as soon as reasonably
possible. When the parent(s) or guardian cannot be contacted or refuse to accept
custody, the officer should contact the Youth Shelter for placement.
O PS-19.4
V. In cases of alleged child abuse or endangerment, first insure the safety of the
child(ren) / juvenile involved. The watch supervisor should be contacted and 'a
determination made as to if an investigator should be called or if the responding officer
should make telephonic contact with the Department of Human Services and finish the
initial report and forward the report before the end of his/her watch to the investigations
section. Copies' of all reports Shall also be forwarded to the Department of Human
Services. Where probable cause exists to support a criminal charge of child abuse, an
arrest is justified and the suspect should be taken into custody. If there is insufficient
information available at the time to make a determination as to the existence of child
abuse, the officer shall, in consultation with the Department of Human Services, take
steps to ensure the safety of the child(ren)/juvenile.
C. Status Offenses
I. Based on the seriousness of and circumstances surrounding the offense, the
background and demeanor of the juvenile and other relevant factors, an officer may
release a juvenile to his parents, guardian or other responsible adult. Prior to releasing
a juvenile to someone other than the parent, the officer shall make reasonable steps to
contact the parents for approval of the release. When the juvenile is released to
someone other than a parent, the officer shall identify the person taking custody prior to
the release of the juvenile.
II. Juveniles taken into custody for status offenses may be frisked for weapons prior to
being transported.
III. Handcuffs or other restraints will only be used when: the juvenile being taken into
custody physically resists; threatens physical violence when being taken into custody; is
being taken into custody for an alleged delinquent act of violence against a person; or
when in the judgement of the officer, the juvenile presents a risk of injury to themselves
or others.
IV. Officers shall pay particular attention to juveniles under the influence of alcohol or
drugs to determine whether emergency medical services are warranted.
V. Juveniles taken into custody for status offenses shall be held in non-secure custody,
for the purposes of identification, investigation, and related processing requirements to
facilitate their release to a parent or responsible adult or transport to a juvenile shelter
facility.
VI. Transportation of a juvenile in a "caged" vehicle is not considered secure custody.
VII.
an area with adult suspects and shall also be:
1.
2.
3.
4.
Status offenders and other juveniles taken into custody should not be placed in
under constant observation;
afforded reasonable access to toilets and washing facilitio~,'
provided with access to water or other nourishment as needed;_
allowed reasonable access to a telephone, co
OPS-19.5
D. Criminal Offenses
I. Juveniles taken into custody for criminal type offenses may be placed in restraints if
the juvenile physically resists; threatens physical violence when being taken into
custody; is being taken into custody for an alleged delinquent act of violence against a
person; or when, in the reasonable judgement of the officer, the juvenile presents a risk
of injury to themselves or others. The parent, guardian, or custodian shall be notified
as soon as reasonably possible once a juvenile is taken into custody.
II. Unless the juvenile is placed in shelter Care or detention, the juvenile shall be
released to their parent, guardian, custodian, responsible adult relative, or other adult
approved by the court.
II1. Fingerprints and photographs of juveniles shall be taken in conformance with the
Code of Iowa chapter 232.148, and shall only be taken for an offense other than a
simple misdemeanor.
IV. Juveniles in custody should be questioned in conformance with the Departmental
Juvenile Waiver form. When practical, juveniles should be allowed to consult with their
parent(s). To the extent practical, parents should be allowed to be present during the
interrogation of juveniles. Questioning of juveniles should be limited in duration,
preferably one hour or less, and questioning limited to two officers.
V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile
and/or his/her legal guardian or responsible adult of the procedures to be used in
making contact with the juvenile court office, in addition to information relating to
applicable court appearances or other means of dealing with criminal charges.
VI. Prior to requesting consent to search from a juvenile, officers should attempt to
contact the person in actual control of the property to be searched. When requesting
consent to search from a juvenile, officers shall consider the age of the juvenile.
Officers should not request consent to search from juveniles appearing to be under the
age of fourteen. When requesting consent to search from a juvenile, the requesting
officer shall clearly explain the voluntary nature of the request and the right of the
juvenile to refuse the request.
A. When officers are unable to contact the person in actual control of the
property to be searched, and the search is based on the consent of a juvenile
fourteen years of age or older, the officer shall request a supervisor respond to
the scene to determine how to proceed.
This section does not apply when the property to be searched is a motor~jehicle~'nd
under the control of a juvenile.
OPS-19.6
E. Reporting
I. Officers shall document contacts with juveniles on the Departmental Juvenile
Complaint form. The form shall be filled out as completely as possible. Juvenile
contacts include but are not limited to:
A. when a charge is filed or contemplated, other than the exceptions contained
in chapter 232.8 of the Code of Iowa. (cite and release exceptions)
B. transport of juveniles;
C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in
lieu of FI cards), in these type situations officers should note on the complaint
that it was a FI contact.
D. juveniles in the company of others at the proximate time an offense was
committed;
E. other circumstances as determined by watch supervisors or the Report
Review Officer.
II. Officers shall fill out the Incident Report form consistent with those categories in
which one is required for adult suspects.
III. On an annual basis the sergeant of Planning and Reseamh shall analyze, evaluate
and report on the enfomement and prevention actions taken by the department. The
report shall include both a quantitative and qualitative component. The report should
contain recommendations for the continuance and/or modification of current
departmental efforts and or directives.
'~. J. ~inkelhake, Chief of Police