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HomeMy WebLinkAbout12-09-2003 ICPD General Orders 0PS-11.1 TRAFFIC Date of Issue General Order Number Jul)' 30, 1999 99-07' Effective Date Section Code Au~lust 4, 1999 ePS-11 IReevaluation Date Amends / Cancels Au~lust 2005 11/03 NEW IC.A.L.E.A. Chapter 61 INDEX A S: Arrests Traffic Stops Traffic Enforcement Citations Parking Enfor~ment Traffic Exemptions >~ ~ '~' Alcohol Enforcement I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of properly damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and pa~nerships with other agencies within the communi~ to promote safe driving, and preventative patrol combined with aggressive enforcement by officers. II. POLICY It is the policy of the Iowa City Police Department that motor vehicle stops wili be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the roadway. It is the purpose of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and motorist. OPS-11.2 III. PROCEDURES The Iowa City Police Department does not use a "quota" system for the evaluation of an officer's traffic enforcement activities. All officers assigned to patrol are expected to exercise traffic enforcement as a pad of their normal duties and take those steps necessary to obtain compliance with traffic laws and will determine the appropriate action when dealing with violators. The emphasis will be on qualitative not quantitative enforcement activities. When deciding on the appropriate enforcement action officers should consider the seriousness of the violation and the circumstances surrounding the violation. In instances where the violation is a simple misdemeanor officers may opt to warn or cite the violator. In deciding to arrest a person for a "citeable" offense the officer should have an adiculable reason for this action. This reason needs to be more than a "bad attitude". Warnings may either be verbal or written in nature. In instances where the offense is a serious misdemeanor or higher, officers should take the violator into physical custody. Arrests of all types should conform with departmental requirements pertaining to arrests. When a traffic citation is issued, the officer shall request the incident number for tt~ stop ~d write the incident number on the citation. Officers shall include ~ed-i~ci~_~nt number on all related charges and documents. Enforcement of Traffic Laws : < r' All officers are responsible for maintaining an up-to-date knowl.,~e~ ,of ~wa traffic laws and local ordinances. Consistency is an essential:~ of~-,~ny traffic enforcement program. The guidelines in Appendix II a~ to a~sist officers in deciding what type(s) of action to take when encountering t~"~se situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. Enforcement Techniques The Iowa City Police Department utilizes varied and diversified techniques in traffic law enforcement. Many variables must be considered when evaluating tactics to be used on a specific problem. It will be the responsibility of the officer, in consultation with the watch supervisor, to determine the tactics to be used. The tactics or techniques that may be used include but are not limited to: 1. Visible traffic observation. Stationary observation in which the observer officer is in full view but so located as to require effort on the part of traffic to discover the observer. 2. Concealed traffic observation. Stationary observation in which the. observer is not visible to persons using ordinary powers of observation from the roadway. 3. Conspicuous traffic observation. Stationary observation in which the observer is positioned in such a way as to "attract" attention by keeping in full view of traffic. 0PS-11.3 4. Area traffic control. Moving or stationary patrol observation in an area which includes a particular number of streets, roads or sections of highways. 5. Line traffic patrol. Moving or stationary observation on a specified route between two points, usually on one street or section of highway. Directed enforcement will be determined on a "as needed" or "as available" basis. Directed patrol may be used for a specific violation identified in a particular area or at a specific time, or in response to an anticipated traffic pattern for a padicular event. Directed patrol also includes the tactic of "Saturation" patrol in a specific area for either a specific violation(s) or for all violations. The watch supervisor has authority to determine the typC-~nd number of vehicles to be used for a specific type of traffic patrol~.l:~e ~ of an unmarked vehicle for traffic patrol will be used only upon au~ati~ of~?i the watch supervisor. The Iowa City Police Department will only use equipment whic~-~,ee~ exceeds requirements of the FCC and/or the NHTSA. Officers those speed measuring devices approved by the department and~ whicl~the individual officer has been trained, and where applicable, certified. '~aid training will include instruction on the set up, testing, operational use and reading of the device. Officers shall set up and use speed-measuring devices in a manner which is consistent with their training and the manufacturer's specifications. All training will meet or exceed the requirements of the NHTSA. Prior to the use of a speed-measuring device the officer shall check the equipment according to the manufacturers specifications. If any discrepancy exists the officer shall not use the equipment. The officer shall make note of the problem and forward an equipment repair sheet to the watch supervisor. It is the responsibility of all officers to see that attached speed measuring devices are properly cared for. The Captain of Field Operations or his/her designee will see that all equipment is maintained according to manufacturers specifications and will maintain the records for the duration of the lifetime of the speed measuring device with the department plus two years. The sergeant in charge of vehicle inspections or his/her designee will periodically check to see that all speed measuring units or video-recording units are operational and have been properly maintained. The inspection sheet will be forwarded to the Captain of Field Operations. ALCOHOL ENFORCEMENT The Iowa City Police Department will create special enforcement programs aimed at the enforcement of Operating While Intoxicated laws. These programs may be in conjunction with other law enforcement agencies within the area. In an effort to minimize the damage done by drivers who are intoxicated or drugged, the Iowa City Police Department places a high priority on the training of officers in the detection and apprehension of intoxicated or drugged drivers. The department will actively pursue state and federal grants pertaining to alcohol enforcement. The Department may also use directed patrol in areas or engage in traffic safety checkpoints that could result in the 0PS-11.4 identification of intoxicated or drugged drivers. When available, an officer is to be assigned to the traffic function for each watch. This assignment is to concentrate on, but not limited to; speed violations, child restraint violations, seat belts and OWl enforcement. All officers, whether on general patrol or directed enforcement duties, should be alert for driving behavior which may indicate that a driver is operating a motor vehicle while intoxicated or on drugs. When such an observation is noted the officer should: 1. note unsafe or erratic driving but should not let it continue so as to endanger the public or the operator of the vehicle. Officers should attempt to stop the vehicle in an area that will not interfere with or endanger traffic; 2. prior to the initiation of field sobriety tests, note the demeanor, actions and signs of intoxication. These indicators should be noted in the OWl packet; 3. attempt to administer field sobriety tests on all drivers suspected of driving while impaired. The information gathered during the administration of these tests should be recorded in the OWl packet. Field sobriety tests should include but are not limited to: HGN, Walk and Turn and One leg stand. The administration of a Preliminary Breath Test should be done at the completion of the field sobriety tests; 4. if the operator refuses to submit to field sobriety tests, or is impaired to the point it is unsafe to administer the tests, or is otherwise unable to perform the tests, base the decision of whether to take the person into custody on other observations of the operator's condition. This may include the statement of witnesses if applicable. If the person refuses to submit to preliminary breath test they may be transported to the police department for further testing. If based on the officer's observation of the operator and the circumstances surrounding the incident the officer believes the person is intoxicated, the person may be arrested for suspicion of Operating While Intoxicated; 5. if the person is arrested for suspicion of OWl, a search of the p_b?s, on a vehicle maybe made subsequent to arrest. The vehicle ma~-'~,~eitb~r parked, towed, or turned over to a sober driver; at the officer'~'.d~sr~ret~-n and depending on the circumstances. 6. The administration of Implied Consent, and the breath or otf~:r,:!~-he~al test, shall be pursuant to state code guidelines from the D~.l~.~!~me~ Transportation, and Department of Criminal Investigation. ~ instances:--J~ where the operator of the vehicle is involved in a crash resulting ino~eath or serious injury and the operator refuses to provide a specimen for chemical testing, contact the on-call County Attorney for assistance. In instances where the operator is unable to consent or refuse, use the request for chemical test forms pertaining to intoxicated drivers; 7. In instances where the officer believes the operator is impaired but chemical testing indicates a BAC of less than .08, the officer may contact a departmental Drug Recognition Expert for testing. If a DRE is not available, officers should consult with a watch supervisor to determine whether to call a DRE; 0PS-11.5 8. In instances where the operator of a vehicle is under 21 years of age and there are indications that their BAC is in excess of .02, transport the person to the police department for administration of chemical testing, if the result is in excess of .02 but less than .08 follow Department of Transportation guidelines pertaining to .02 revocations. PARKING ENFORCEMENT Officers or Community Service Officers will respond to parking calls as available. All officers are responsible for enforcement of parking violations when brought to their attention or observed. Officers will be responsible for the enforcement of parking regulations on city streets and alleys as well as handicapped and fire lane violations on private property. The parking department has enforcement responsibilities for overtime parking. When called to a private property parking call, the officer or community service officer will make a determination if the complainant has the authority to request a vehicle be ticketed or impounded. When a vehicle is to be impounded, the officer shall follow departmental directives pertaining to vehicle impounds. R. J./Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civill proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-part claims. Violations of this directive will only form the basis for department~ administrative sanctions. OPS-11.6 APPENDIX I While engaged in traffic enforcement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Chapter 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for fudher assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. -~n the.~ circumstances, refer to the Consular Notification and Access booklet commander's office for guidance. 0PS-11.7 APPENDIX I (continued) Juveniles may be issued citations for traffic violations without notification of their parents. In instances where a juvenile is being taken into custody the applicable juvenile procedures should be followed. If a juvenile is arrested for OWl, the officer shall attempt to contact the parent(s) or other responsible adult prior to initiating Implied Consent. Non Iowa residents will be treated the same as Iowa residents with regard to the issuance of traffic citations. In instances where an officer has an articulable reason for believin9 that a person is unlikely to appear for the scheduled court appearance, the officer may require that a cash bond be posted or the person may be taken before the nearest magistrate for arraignment. The Iowa City Police Department encourages the practice of cite and release whenever possible. OPS-11.8 APPENDIX II Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The following guidelines are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. 1. Operating While Intoxicated: Recognizing that intoxicated individuals who choose to operate a motor vehicle pose a significant threat to the safety of themselves and others in Iowa City, the Iowa City Police Departmep.t will strictly enforce violations when a person operates a vehicle wh~ intox~c?jated or drugged. Officers are also encouraged to strictly enforce I ~o~..~.0~ero tolerance law pertaining to underage drinking and driving. ~ - __ 2. Operating while suspended, revoked, or barred. Operating a m~r vecbicle--Fi while a license is suspended, revoked or barred shows a disrega~t ~or and members of this department will enforce all such violat:~s'. ~1'"pon confirmation from DOT of the suspension, revocation or barmen ,t~officer~¢re to file the applicable charge. Officers should check for the registered owner of the vehicle being operated by the subject, and if the operator is listed as a registered owner, the officer should check to see if the operator is eligible to have vehicles registered in his/her name. If the operator is not so entitled, pursuant to Iowa law the officer shall take custody of the license plates and, if available, the registration and, drivers license and send them to the Depadment of Transpodation. Officers should also check for any unserved suspensions on the operator and, if present, serve such suspension on the operator. 3. Speed enforcement. A driver who operates a vehicle in disregard for the posted speed limit is one who can and does cause a large number of motor vehicle crashes. Officers of the Iowa City Police Department are to take enforcement action when speed violations are observed. Since the stopping distance of a vehicle is directly related to its speed, particular efforts should be made in and around areas which have significant numbers of children. 4. Hazardous violations. There are many violations of the traffic code that may be considered hazardous. These violations are those that could, under the right circumstances, result in a vehicle crash. Some types of violations considered hazardous are disregard of a traffic control device, failure to yield, reckless driving, and improper lane change/usage. Since the before mentioned violations are involved in large number of the motor vehicle crashes in Iowa City, officers are expected to take aggressive action when these violations occur. 0PS-11.9 APPENDIX II (continued) 5. Off-Road vehicle violations. Members of this depadment will take appropriate action when they observe illegal on-road use of an off road vehicle. This includes, but is not limited to, enforcement of equipment, registration and licensing requirements. In instances where a vehicle is being operated off the roadway, officers need to determine if the operation is on property where the operator is entitled to be. If the vehicle is operated on private property without the permission of the controlling party, the officer may pursue appropriate criminal charges. In instances where the vehicle is being operated on public property, the officer will make a determination as to if the particular area allows the operation of motorized vehicles. 6. Vehicles operated on private property. When a vehicle is being operated on private property with the permission of the controlling party, the officer may enforce the OWl, reckless driving and accident reporting sections of the Iowa code. 7. Equipment violations. In order for a vehicle to be safely operated on a roadway it must be equipped pursuant to state code. In many cases, the operator of a vehicle may not be aware that a piece of equipment is not operating, i.e., taillight, brake light. A warning by an officer may be all that is required to insure the defect is corrected. In those situations where a motorist is aware of a problem and has failed to correct it in a;~ason~e amount of time, or the violation is such that it could result in a e_~l~ o~r action may be required: i.e. citation, or parking of the vehic e 8. Commercial vehicle violations. All public and commercial vehicI~',~blat~qs will be enforced; however, the officer's discretion, training and kn _o~v~b~dg~vill determine the action to be taken for violations of public and/or~me~ial vehicle regulations. The officer may call a department memb~traine~ in commercial motor vehicles or contact the Iowa Department of Transportaflon for assistance. In all instances where a commercial carrier is involved in a motor vehicle crash involving serious personal injury or death, the officer should contact a trained commercial vehicle inspector for assistance in the investigation. 9. Less-Hazardous violations. The officer should take notice of less serious violations and may make contact with the violator. The circumstances surrounding the violation should be taken into consideration when determining the enforcement action to be taken. 10. Multiple violations. While the "stacking" of violations is not encouraged, the circumstances and seriousness of the violations should guide the officer in deciding the appropriate enforcement action. CPS-II.10 APPENDIX II (continued) 11.Newly enacted laws and/or regulations. When newly enacted laws or regulations are passed and become applicable to the motoring public, the enforcement guidelines prescribed in the text of the new law will be followed. The enforcement date of new laws/regulations will be determined by the Chief of Police or his/her designee in consultation with the city or county attorney. 12. Enforcement guidelines for motor vehicle crashes. Officers will take enforcement action when their motor vehicle crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated. If a citation is not issued, the officer may be required to justify his/her action. 13. Pedestrian and bicycle violations. Officers should use discretion and take appropriate enforcement action for violations committed by pedestrians and bicycles on public property. Consideration should be given to the age of the violator and the seriousness, location, and time of day of the violation. 14. When a officer encounters an operator whom he/she feels should be referred to the Depadment of Transportation for re-examination, the officer shall complete an incident report pertaining to the incident. The report shall contain the circumstances surrounding the incident, including time of day, weather and street conditions, and the operator's information. The report shall also include the reason(s) why the officer believes the person should be re-examined. The report along with the DOT driver's referral form should be submitted to the watch supervisor for review prior to submission to DOT. (note: age alone is not a reason for re-examination) OPS-14.1 DOMESTIC VIOLENCE Date of Issue General Order Number October 8, 1999 99-10 Effective Date I Section Code October 13, 1999 I OPS-14 Reevaluation Date Amends / Cancels October 2004 10/03 NEW C.A.L.E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 INDEX AS: ~'~ Domestic Abuse Domestic Violence Domestic Violence Repods No Contact Orders Protective Orders I. PURPOSE The purpose of this General Order is to establish policy and procedures con~rning domestic abuse. The Iowa City Police Depa~ment will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of cdminal offenses in Iowa pursuant to Iowa Code Ghapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse-related issues. Effo~s will be made to deter this criminal behavior. 0PS-14.2 I1. POLICY It is the policy of the Iowa City Police Department to: · Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. · Maintain a pro-arrest policy whenever probable cause exists to support the belief that a domestic abuse violation has taken place. · Protect victims and families experiencing domestic abuse, and provide information concerning support and services. · Promote officer safety by educating officers in the area of domestic abuse response. · Develop a working relationship with the Domestic Violence Intervention Program (DVIP). · Actively participate in multi-disciplinary and community efforts to prevent and reduce the incidence and severity of domestic abuse assaults and deaths. · Provide community and workplace education about domestic abuse, includi~ releasing an annual report on domestic abuse. O III. DEFINITIONS ~: .'-. ~,~ '-- A. Domestic Abuse means an assault, as defined ~n Iowa Code S-~c~on _-- 708.2A and Iowa Code Section 236.2, that has occurred bet~en parties who share a certain relationship. The relationship element defined: 236.2(2) 1. family or household members residing together at the time of the assault or who have resided together within the past year, but not at the time of the assault; 2. separated spouses or persons divorced from one another not residing together at the time of the assault; 3. biological parents of the same minor child, regardless of whether married or living together at anytime. 4. brothers and/or sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies. B. Family or Household Members; spouses, or persons co-habitating, parents or other persons related by consanguinity or affinity. C. Children: Children under age 18 are not subject to these provisions as chapter 232, Juvenile Justice, applies. 0PS-14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. Kellogg, 542 N.W.2d 514(1996). Kellogg provides a non-exclusive list of factors for the jury's consideration: Sexual relations between the parties while sharing living quarters Sharing of incomes and expenses Joint use or ownership of property Whether parties hold themselves out as husband and wife The continuity of the relationship The length of the relationship The degree of access to the residence (does each possess a set of keys) E. Primary Physical Aggressor: The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. F. Discretionary Arrest: Peace officers may arrest a person for a simple misdemeanor (non-injury inflicting) domestic abuse assault, but are not required to do so. Discretionary arrest also applies to indictable level offenses where the offender was not the primary physical aggressor. G. Pro-Arrest Policy: Refers to a philosophical position in which physical arrest should be made in situations where an arrest is legally permissible. O OPS-14.4 IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Communications B. Officer Responsibility at the Scene C. Officer Approaching the Scene D. Written Reporting E. Victim Rights F. Follow-up Investigation G. Confidentiality H. Hostage Situations I. Officer Training J. Officers Charged with Domestic Abuse A. COMMUNICATIONS The Emergency Communications Operator (ECO) shall dispatch officers to every reported incident of domestic abuse. When warranted, the ECO should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the ECO should ask these questions: 1. Where is the emergency? What address? What apadment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his/her name? Please describe the suspect and, if not present, his/her expected whereabouts. 7. Are weapons involved? If yes, what kind? 8. Is the suspect under the influence of drugs or alcohol? If yes, what substance? 9. Are children present? 10. Have the police been to this address before? If yes, how many times? 11. Does the victim have a current restraining order? Communications will dispatch all pedinent information to the responding officers. As events progress through a domestic abuse incident, the ECO will keep the responding officer(s) apprised. The ECO should listen for background noises that assist in evaluating the threat level (screams, 0PS-14.5 shouts, threats, breaking glass, and furniture). These sounds will raise the potential danger level and can help to provide the probable cause required if criminal charges are filed. During the dispatching process, the ECO should initiate a check to determine the existence of no-contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the ECO should continue to reassure the victim/caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim/caller chooses to hang-up; this shall not influence the response effected. If the hang-up was voluntary, a callback should be made to inquire whether the victim/caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call will continue to proceed, and under no circumstances will the call be cancelled. 9-1-1 calls and calls for assistance or/calls received on the routine line should be preserved for any possible prosecution. Requests for 9-1-1 recordings to be taped for preservation will be made through the ECO supervisor by the domestic abuse investigator. Once a call is classified as a domestic, the ECO shall not reclassify the call. In instances where a call is classified as something other than a domestic, and the call is in fact a domestic, the ECO, upon notification from the officer may reclassify the call as a domestic. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one-unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriff's department. (See "protective orders" section below.) ,..o 3. Remain alert for suspect leaving the scene. ~ ,.~ A. OFFICER RESPONSIBILITY ATTHE SCENF ~-~ r~ "~ When officers respond to a call for assistance at the scene of a~est~ abuse incident, they shall: 1 Approach the scene safely, and in an aled manner. 2. Identify yourself and give an explanation of your presence. Request entW into the home when conditions permit. When permission is freely and voluntarily given by either pady, a search of the premises may occur. 0PS-14.6 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for fudher guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit s__hall prepared immediately, and forwarded to a judge for a rel~est fdr issuance of an arrest warrant. However, an officer may.~r~,st violator within the first 24 hours of an incident without a :_w~ar?an~--o (See Iowa Code Section 236.11 ) 6. Restore order. 7. Take control of all weapons known to be used, or us~n threatening manner, and safely store them. (See Sei~_'re of.:.--' Weapons, Iowa Code Chapter 809.) Iowa Code Sectior¢~ 809.1(1)(c) defines seizable property as "... properly which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all padies if possible, including suspect, victim, children, and other witnesses. 10. Interview all parties. Il.Following interviews, a conference of the responding officers should occur with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. 0PS-14.7 This applies to either / both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13. If a child has been injured or assaulted, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DFtS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14.Collect and record evidence, including torn clothing, broken objects, etc. 15.Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general -_cl~s~(ray~ !'-~ etc. ~ ~i~ ¢:.. ..... e. If possible, the suspect's full body and any injuries, in ad. ion the mug shot. f. When photos are taken at a domestic incident, the film sheet should be marked as a domestic along with the incident number being noted g. When the properly manager receives prints from a domestic incident, they shall be forwarded to the domestic abuse investigator. h. Photos of any injuries present on the suspect. 16.When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted. 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. C. ENFORCEMENT OF COURT PROTECTION ORDERS Violation of a valid court order shall be enforced in the same manner and with the same vigor as violations of statutory law. When encountering 0PS-14,8 potential court order violations in domestic violence or other contexts, officers shall follow these procedures. 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the taw as applicable in procedures set fodh in this policy on domestic violence. 2. Officers are responsible for determining whether a valid coud protection order is in force. The officer shall verify existence of the order and its provisions by referring to the copy provided by the victim and / or by requesting that the ECO check with the Sheriff's Depadment in the county where the court order was issued. An officer shall arrest a violator when probable cause exists to believe a person has violated a court order and the violation is grounds for arrest. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of violating a no contact order, the investigating officer shall run a criminal history on the suspect and check for any prior convictions for violation of a no contact order. (allows for enhanced penalties) D. WRITTEN REPORTING Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the departments domestic abuse investigator. Reports will, at a minimum, contain narratives which will inc~de th~ following information: 1. full names of padies involved, including dates of birth of the~'su'spe~ and victim ..J>' OPS-14.9 2. address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. repeals should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. the relationship of the victim and suspect 5. location of the assault 6. whether no contact orders are known to exist 7. a description of the scene 8. weapons used 9. whether a 9-1-1 call was received and if the tape was preserved 10. documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim 12.whether they received medical treatment 13. an indication of whether the victim was presented their rights 14. Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim. -- 15. If the officer is aware of pending domestic charges, note _t~-~fac~ E. VICTIM RIGHTS Chapter 236.12 identifies victim rights which must be providc~j:P;[o t.h:e. victim in writing and / or verbally. The Iowa City Police Depai~'nent routinely present the victim their rights in written and verbal form.Officers' at the scene will present the victim a printed copy of their rights and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. F. FOLLOW-UP INVESTIGATIONS All domestic abuse repeals shall be forwarded to the domestic abuse investigator for review. Useful information not obtained in the initial repeal gathering stage may require a follow-up investigation. History of domestic abuse, past requests for service with observance of frequency of occurrence noted, interview of witnesses and any other information applicable may be included. Photographs may be taken as injuries change in their appearance. Other photographs may be taken as part of the investigation, however, all photographs shall be appropriately logged. 0PS-14.10 If an emergency 9-1-1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. G. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must hono~othe ~ reciprocally. ~ H. HOSTAGE SITUATIONS ,_~_ -':~ · . --< ,~-' As a hostage s~tuat~on becomes apparent to the investigating ofJic~ a_r~/ or ECO, the watch commander / supervisor shall be immediate_ ~0tifi~l. Following an assessment of the circumstances, a determinatio~shall made as to strategy of implementation. Special Response Team (SF~) protocol and personnel may determine this strategy. I. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Depadment will routinely offer training in regard to domestic abuse. Training will be provided by both in-house staff, as well as utilizing outside authorities. J. OFFICERS CHARGED WITH DOMESTIC VlOLENCF Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen· Likewise, the iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out-of-state, are identified as a suspect, the watch commander / supervisor will be immediately notified. Additionally, the watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a 0PS-14.11 domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the repeal on such an incident shall be forwarded to the Office of the Chief of Police. · J.~nkelhake,' J Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of 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 depadmental administrative sanctions. LEG-02.1 General Order Number Doateof Issue ctober 11, 1999 99-11 EffectiveDate [SectionCode October 15, 1999 LEG - 02 Reevaluation Date Amends / Cancels October 2004 10/03 C.A.L.E.A. Reference 1.2.5, 1.2.6, 1.2.7 INDEX AS: Use of Force Arrests Citations Discretion Prisoner Transport Domestic Abuse I. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. LEG-02.2 III. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. © Arrest is the taking of a person into custody when and in the mann~ ¢abthq'~zed_~_, by law, including restraint of the person or the person's submission t~c~;to~. 7~ IV. PROCEDURES -~: ~- ARREST WITHOUT A WARRANT ~;~: Authorization to arrest is contained in section 804.7 of the Code ~'~ Iowa? A Peace Officer is authorized to make an arrest without a warrant under the following conditions. A peace officer may make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable ground for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable ground for believing that an indictable public offense has been committed and has reasonable ground for believing that the person to be arrested has committed it. D. Where the peace officer has 'received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. 1. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force reasonably necessary to effect the arrest. Prisoners shall be treated with appropriate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury. ARREST/CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject. (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles.) Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, LEG-02.3 shall include but shall not be limited to all of the following: (see 805.1 (3)(b) Code of Iowa) A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person. (see 805.1 (3)(c) Code of Iowa) Additional factors to be considered in the formulation of guidelines relating to the issuance of citations for other offenses for which citations are authorized,.oshall include but shall not be limited to all of the following concerning the ~rson: A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment E. Criminal record. F. Nature and circumstances of the alleged offense. -~ -" --~ G. Other facts relevant to the likelihood of the person's response to~citatio~ Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an adiculable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS All persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. The transpod of prisoners shall comply with departmental directives pedaining to prisoner transport. LEG~02.4 TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn him/herself in; B. advise the ECO of the location of the charge(s); C. fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest repod and check for any un-served warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT CodeAUth°ritYof Iowa,t° arrest persons with a warrant is contained in Chapt~_~)4 Section 804.6 of the Code of Iowa is as follows: Persons authorized to make an arrest. ~ 2:¢ --~ '-._¢*' An arrest pursuant to a warrant shall be made only yb a peace of~F~,~r' in ~her cases, an arrest may be made by a peace officer or by a priva~pers~ as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the depadment of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or othe~ise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. SERVICE OF ARREST WARRANTS A. When possible, the Depadment will attempt to se~e a warrant within thidy (30) days of a warrant being received. B. Prior to the se~ice of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. warrants for persons known to be violent or potentially dangerous; 2. felony warrants 3. warrants for indictable offenses; 4. non-violent misdemeanor warrants. D. The officer se~ing the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to se~ice of the warrant. LEG-02.5 E. All warrants shall be served by sworn officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers should activate their In Car Recording Device when serving the warrant. H. Officers shall notify the ECO of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transpod the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: _ ~-.~ O '-,~ 1. obtain the permission of a watch supervisor; 2. advise the ECO of the action; 3. contact the local agency with jurisdiction and request the local officer during the arrest. --< ~ i-Fi USE OF FORCE IN MAKING AN ARREST '~ Section 804.8 of the Code of Iowa defines the limits of the force, v~ich m~ be used when making an arrest. In addition, members of the Iowa City I~olice Department shall be guided by depadmental Use of Force directives when executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST. A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other. way and either A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law and the circumstances of the padicular incident. LEG-02.6 B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. R¢. Ji ~inkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEG-03.1 FIELD INTERVIEWS AND "PAT-DOWN" SEARCHES Date of Issue I General Order Number October 13, 1999 I 99-12 Effective Date I Section Code October 18, t999 t LEG-03 Reevaluation Date Amends / Cancels October 2004 10/03 C.A.L.E.A. Reference 1.2.4, 41.2.4 INDEX AS: Field Interviews Field Information (FI) Cards Pat-Down Searches Searches I. PURPOSE The purpose of this policy is to assist officers in determining interviews and pat-down searches are warranted and the manner inJ~which ~ey shall be conducted. II. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform )at-down searches in conformance with procedures set forth in this policy. LEG-03.2 III. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat-Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being or is about to be committed. IV PROCEDURES O A. FIELD INTERVIEWS 1. Just~hcat~on for conducting a F~eld Interwew - Ofhcer~_~ay~]~top---~ individuals for the purpose of conducting a field intervie~:~iy .~]er~''~j reasonable suspicion is present. Reasonable suspicion m.]~t he,more than a hunch or feeling, but need not meet the test for probable c~use sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. The appearance or demeanor of an individual suggests that he/she is pad of a criminal enterprise or is engaged in criminal activity; b. The actions of the suspect suggest that he/she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's presence in the area; d. The suspect's presence in a location is inappropriate; e. The suspect is carrying a suspicious object; f. The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon; g. The suspect is in proximate time and place to the alleged crime; h. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 2. Procedures for initiating a Field Interview - Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he/she has an adiculable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify him/herself as a member of the Iowa City Police Department, and if LEG-03.3 not in uniform, the officer shall announce his/her identity and display departmental identification. b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. e. Officers are not required to give suspects "Miranda" warnings in order to conduct filed interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and write the incident number on the FI card. Field Information Cards should be submitted to the Records Division. Upon entry of the information from the FI card into the records system, the Report Review Officer shall forward the original FI cards to the Lieutenant of Investigations. B. PAT-DOWN SEARCHES 1. Just~flcabon for conducting Pat-Down Searches: An officer ha§'-~ rig"l~ to' perform a pat-down search of the outer garments of a~pe~for,~?-~ weapons if he/she has been legitimately stopped suspicion and only when the officer has a reasonable fear for his/her-own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting a pat-down search. Following are some criteria that may form the basis for establishing justification for performing a pat-down search. Officers should note that these factors are not all-inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. a. The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. LEG-03.4 d. Prior knowledge of the suspect's use of force and/or propensity to carry weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing a Pat-Down Search a. When reasonable suspicion exists to perform a pat-down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only be performed to protect the safety of officers and others and may never be used to "shake-down" individuals or groups of individuals or as a pretext for obtaining evidence. Under these circumstances, pat-down searches should be conducted in the following manner. 1) When possible, pat-down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat-down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat-down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the officer may make an arrest of the suspect and complete a full-custody search of the suspect. 3. If during the course of an authorized pat-down search of an individual, an officer comes upon an item that the officer readily recognizes through his/her experience and training is probably contraband, the officer may remove the item from the suspects clothing. If upon further examination the seized item is of a nature for which the possession of is crime, the officer may make an arrest of the suspect and complete a full-custody search of the suspect. ~-~ ~-. LEG-03.5 I~. J-.~l~ake, Chief of Police WARNING This directive is for depadmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions.