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HomeMy WebLinkAbout05-11-2004 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD May 11, 2004 — 7:00 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 03/09/04 • ICPD Use of Force Report — February 2004 • ICPD Use of Force Report — March 2004 • ICPD General Order #95 -01 (Emergency Operation of Police Vehicles) • ICPD General Order #99 -02 (Alarm - Open Door Response) • ICPD General Order #99 -03 (Prisoner Transport) • ICPD General Order #01 -06 (Juvenile Procedures) • ICPD SOG #04 -01 (Citizen Involvement Programs) • ICPD SOG #04 -02 (Crime Analysis) • ICPD SOG #04 -03 (Abducted Children) • ICPD Department Memo 04 -08 • ICPD Quarterly /Summary Report — IAIR /PCRB, 2004, Quarter 1 (January- March) ITEM NO. 3 NEW BUSINESS • Draft of Annual Report ITEM NO. 4 OLD BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • June 8, 2004, 7:00 P.M., Lobby Conference Room • July 13, 2004, 7:00 P.M., Lobby Conference Room • August 10, 2004, 7:00 P.M., Lobby Conference Room • September 14, 2004,7:00 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — March 9, 2004 CALL TO ORDER: Vice Chair Candy Barnhill called the meeting to order at 7:01 p.m. MEMBERS PRESENT: Candy Barnhill, Greg Roth, John Stratton, and Roger Williams MEMBERS ABSENT: Loren Horton STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present OTHERS PRESENT: Capt. Tom Widmer of the ICPD and citizen Loralie Dyer RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #03 -13. CONSENT CALENDAR Motion by Stratton, seconded by Roth, to adopt the consent calendar. • Minutes of the meeting on 02/10/04 • ICPD General Order 01 -01 (Racial Profiling) • ICPD General Order 04 -01 (Personnel Early Warning System) • ICPD Use of Force Report — January 2004 Motion carried, 4/0. Horton absent. NEW BUSINESS None. OLD BUSINESS None. 11l *uo DISCUSSION Loralie Dyer appeared and was advised on board procedures for complaints. Captain Widmer of the ICPD also offered his services if Dyer had any questions or concerns on police policies /procedures. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Stratton, seconded by Williams, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. PCRB -Page 2 March 9. 2004 Motion carried, 4/0, Horton absent. Open session adjourned at 7:21 P.M. REGULAR SESSION Returned to open session at 7:26 P.M. Motion by Roth, seconded by Stratton, to forward the Public Report as amended for PCRB Complaint #03 -13 to City Council. Motion carried, 4/0, Horton absent. MEETING SCHEDULE • April 13, 2004, 7:00 P.M., Lobby Conference Room (') • May 11, 2004, 7:00 P.M., Lobby Conference Room • June 8, 2004, 7:00 P.M., Lobby Conference Room • July 13, 2004, 7:00 P.M., Lobby Conference Room (') The Board agreed to cancel the April meeting providing no new complaints are filed. ADJOURNMENT Motion by Stratton, seconded by Roth, to adjourn. Motion carried, 4/0, Horton absent. Meeting adjourned at 7:29 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 O r TO: City Council r o i Complainant `' n TI Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police D Officer(s) involved in complaint FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #03 -13 DATE: 9 March 2004 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #03 -13 (the "Complaint ") Board's Responsibility Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's job is to review the Police Chiefs Report ( "Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the report "because of the Police Chiefs professional expertise." Section 8 -8 -713 (2). While the City Code directs the Board to make "findings of fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence ", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law ". Sections 8 -8 -7B (2) a, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk on October 17, 2003. As required by Section 8 -8 -5 of the City Code, the Complaint was referred to the Police Chief for Investigation. The Chief's Report was due January 16, 2004 and was filed with the City Clerk January 15, 2004. PCRB # 03 -13 Page 1 _ ro The Board voted to review the Complaint in accordance with Section 8 -8- �)(b - f interview /meet with Complainant and 8- 8- 7B(1)(e), performance by Boar c fits own additional investigation. —) ° Repeated efforts were made to contact witnesses whose full names w ' UOVM wiB1i no success. The complainant was contacted, but efforts to meet for an Nerviewi were unsuccessful. cn The Board met to consider the Report on February 11, 2004 and again on March 9, 2004. Findings of Fact On October 17, 2003 the Complainant filed a complaint with the ICPRB regarding the treatment he received when arrested at a downtown bar on August 29, 2003. The Complainant was charged with assault on a police officer, two counts of interference with official acts and disorderly conduct. Five allegations were made against officers A, B, C and D: (1) failure of officers to identify themselves at initial contact; (2) excessive force while searching the Complainant; (3) Complainant sprayed with OC while in back seat of squad car without justification; (4) Complainant struck in head while sitting handcuffed in squad car; and (5) post indictment harassment of Complainant. The incident began when 4 officers assigned to PAULA enforcement were approached by an unidentified employee of the bar who requested their assistance with an individual the employee claimed was picking fights in the bar. The officers were directed to the top floor of the bar where officers C and D observed the Complainant push another individual (unidentified). The Complainant was identified by the bar employee as the person who had been causing trouble. Officer C stated that after observing the Complainant push the other individual, he (officer C) took hold of the Complainant's arm while identifying himself as a police officer (Officer C was in uniform) and informed the Complainant that he was under arrest. (The Complainant reported that the officer did not identify himself.) Officer C attempted to place the Complainant's hands behind his back, but the Complainant resisted. Officers A and D assisted Officer C cuff the Complainant who was then escorted out of the bar and to the SCAT vehicle where he was searched. Officer B described the Complainant as resistive during the search. To control the Complainant, Officer B, grasped the Complainant's right arm and applied pressure to his back with his (the officer's) forearm. The Complainant raised one of his legs several times in efforts (Officer B perceived as attempts) to kick him. To prevent the Complainant from kicking him, Officer B stepped on his foot and trapped it on the PCRB # 03 -13 Page 2 ground After the search was completed the Complainant was taken to Officer E's car to be transported to the Johnson County Jail. The Complainant sat on the rear seat but refused to put his legs and feet inside the vehicle. When Officer B tried to get his feet into the vehicle, the Complainant attempted to kick him, which the officer avoided by backing up. At this point Officer A moved forward and exposed the Complainant to OC spray. This resulted in the Complainant moving his feet into the car. A number of officers reported that the Complainant was sprayed with wateLto prqvjde relief from the OC. No estimate of time lapse was provided. 0 Officer E transported the Complainant first to the University Treatmeni-Cen�ar for- decontamination and then to the Johnson County Jail. ° t 1-1 Conclusion Allegation #1: Officers failed to identify themselves when they first placed lends on him (Complainant) and arrested him. The arresting officers were all in uniform. Officers C and A who took control of the Complainant's arms stated that they identified themselves as police officers. Officer D who handcuffed the Complainant indicated that he did not hear the other officer's statements probably because of the noise level in the bar. The Board finds that the Chiefs conclusion is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation #1 is Not Sustained. Allegation #2: Officers used excessive force while patting him (Complainant) down by placing an elbow in his back. Officers report that the Complainant was resistive while being searched and attempted to kick at the officer patting him down. Officer B stood on the Complainant's foot to prevent further kicks. Officers commonly place a forearm in the back of an actively resisting subject to control their movements and disrupt their balance. The Chiefs report concluded that this was reasonable force to protect the officer from injury. The Board finds that the Chiefs conclusion is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation #2 is Not Sustained. Allegation #3: An officer sprayed him (the Complainant) with OC for no reason after he was placed in the back of the squad car. The Complainant refused to place his feet in the squad car and kicked at Officer B as PCRB # 03 -13 Page 3 he attempted to place the Complainant's feet in the car. Officer B stepped back to avoid getting kicked and Officer A after confirming with Officer B that the Complainant had attempted to kick him, applied OC to induce the Complainant to get into the car which he did. The Chiefs report states that the Complainant was at a Level 4 (assault) Use of Force and that Officer A responded with a Level 3 Use of Force. The response was within the department's policy and procedures. The Board finds that the Chiefs conclusion is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation #3 is Not Sustained Allegation #4: An officer hit him (the Complainant) in the head while he was in the squad car. The Complainant claims that while he was being sprayed with OC he was also punched in the forehead. The Chiefs report indicated that none of the officers interviewed saw anyone strike the Complainant in the head. The Board finds that the Chiefs conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #4 is Not Sustained. Allegation #5: Post arrest harassment. According to the Chiefs report there was no harassment. The report stated the officers indicated they did not know where the Complainant resided. The Board finds that the Chiefs conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #5 is Not Sustained. COMMENT None. PCRB # 03 -13 Page 4 O r Tl 7:74i � o r D rn OPS -06.1 EMERGENCY OPERATION OF POLICE VEHICLES Date of Issue General Order Number January 23, 2001 95 -01 Effective Date Section Code January 29, 2001 OPS -06 Reevaluation Date I Amends OPS -06 Issued Feb 1, 1995 January 2005 04/04 1 CANCELS OPS -07 SAFETY BELTS C.A.L.E.A. Reference 41.2.1, 41.3.1, 41.3.3 INDEX AS: Emergency Communications Traffic Stops Police Vehicle Pursuits Seat Belts Occupant Restraints O ° cn m i T-1 Cn 1. PURPOSE The purpose of this order is to clarify the operation of departmental vehicles in non - pursuit situations. II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. When responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. Ill. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect. OPS -06.2 IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine (code 1) - Non -life threatening or property damage producing incidents. I.e. shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non - emergency calls. Code 1 responses involve no use of either emergency lights or siren. When an officer is operating in a routine or code 1 mode, he /she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent (code 2) - Immediate response, though there is no imminent threat to life or property. Emergency siren may to be used intermittently at the officer's discretion. Le. property damage accident with roadway blocked. Code 2 responses involve the use of emergency lights. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while responding to an emergency assignment. A. No unit assigned to departmental personnel shall be driven in such a manner or at such a speed that the operator is unable to safely maintain control of the vehicle. B. No unit shall be driven through an intersection which is controlled by an automatic traffic signal when the red light is showing until said unit has slowed to such a speed that they could safely come to a stop. The officer may then proceed with caution C. No unit shall be driven through an intersection which is controlled by a stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The operator may proceed after determining it is safe to do SO. D. Sirens shall be used whenever necessary in the judgement o"he of er driving the vehicle. (There are many times when the use af` ired is unnecessary and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the responding officfi?i all e�bey!7 all traffic laws and proceed in a manner consistent with the nciiyrial flow of,- traffic. a. 1 Use of Emergency Lights - Emergency lights may be used when, in the opinion ahthe operating officer, it is necessary to stop violators and /or alert passing or oncdM- ing drivers to dangerous situations such as accident scenes. Once the immediate or apparent need for displaying emergency lights is over, they shall be turned off. In a case where emergency lights are used to stop a violator, they shall be turned off after the violator is stopped and shall not be displayed during the writing of OPS -06.3 a citation or while conversing with the driver unless, in the opinion of the operating officer, the vehicles are stopped in a position that might create a hazard. The use of emergency lights and /or siren are dictated by the particular circumstances of a call. Examples include, but are not limited to: A. Responding to a call where there is an immediate threat to person or property. B. Stopping a vehicle on the roadway. C. At the scene of an accident. D. At a traffic control assignment. E. At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his /her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his /her actions. Factors which the officer shall consider in determining the speed at which a police vehicle-is operated include but are not limited to: O =_ A. the officer's ability to control the vehicle;; B. roadway conditions; (7) 71 C. light conditions; _ C ; cn D. traffic conditions; `; t E. nature of the offense or situation; Q F. the danger posed to the public and the officer by the speed of thvehicl& The ultimate responsibility for the safe operation of a police vehicle is with the operator of the vehicle. The operation of a vehicle against traffic on one -way streets or controlled access roadways shall only be performed under the most extreme circumstances and, when practical, permission is received from a watch supervisor. When an officer is notified of an actual or potential emergency situation by other than the communications center the receiving officer shall report to the communications center the nature and location of the incident. When practical, the name of the person who made the initial notification to the officer should be recorded. PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life- threatening or potentially life - threatening situations. Calls shall be categorized and dispatched according to the following priorities: K OPS -06.4 A. Priority 1: Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life- threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in- progress crime against a person etc. Officers responding to Priority 1 calls may respond in a Code 2 or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include; intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in a Code 3 or Code 2 mode, or a combination of both. C. Priority 3: All other routine calls for service which require a timely, but non - emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first -aid calls which do not involve life- threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a Code 1 mode. D. Priority 4: Calls for service which are of such nature that they may be talon whe0he area car is available. Priority 4 calls include but are not Iimitocto aaunal complaints, parking problems which pose no traffic hazard, etc. -'Q1lfcers wily respond to Priority 4 calls in a Code 1 mode. — - — UNIT ASSIGNMENT —" To the extent possible the nearest area car will be assigned as the initEar-�6ni"f a Priority 1 call and will normally respond in either a Code 2 or Code 3 mok ThVext nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a Code 1 mode. However, if the gravity of the situation and /or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in a Code 2 or Code 3 mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in a Code 3 mode. OPS -06.5 To the extent possible, the nearest area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either a Code 2 or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a Code 1 mode. However, if the gravity of the situation and /or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to Code 2 or Code 3. Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the ECO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or discontinue the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles will respond to incidents, they should not be assigned as the initiaLunit ocean emergency call. All unmarked vehicles which are routinely used for traffic Yforcefcibnt shall be equipped with emergency lights and siren. PURSUIT n 71 cn i— Officers of the Iowa City Police Department engaged in pursuit shall - camplyxwith__� section 321.231 of the Code of Iowa and will be governed by the Iowa 4ty Pglice'� Department General Order # 99, -01 Police Vehicle Pursuits. D u r- ESCORT SERVICE At no time shall private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) be given an escort by a member of this department. With prior notice a watch supervisor may authorize an escort of a funeral procession or special event. This section does not preclude officers from guiding "lost' motorists, or providing non - emergency escorts for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. OPS -06.6 Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative and it does not compromise the safety of the officer(s) involved. R. J. W nkelhake, 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. U O n D 71 T i lD F' OPS -08.1 ALARM - OPEN DOOR RESPONSE Date of Issue General Order Number February 9, 1999 99 -02 Effective Date Section Code February 12, 1999 OPS -08 Reevaluation Date Amends / Cancels February 2005 04/04 1 Department Memo 96 -56 C.A.L.E.A. Reference 1.2.4, 1.3.6, 81.2.13 See Index INDEX AS: Use of Force _ N Supervisory Responsibility n Building Search n < N 7-1 Alarm / Open Door Response Canine Procedure o I. PURPOSE > o The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms or "open door' calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner, which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS -08.2 III. DEFINITIONS IV. PROCEDURES O A. BURGLAR ALARMS y? v .� < N When a member of this department responds to a burg *r-alarrn'th Ti officer should respond in a safe and reasonable mariner: 1hern�-.-, approaching the location of the alarm the officer should idPL the deactivation of emergency lights and siren if applicable. t!h pricer should be observant for vehicles and /or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break -in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so with the approval of a supervisor. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back -up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra patrol" initiated for the building; and /or, 3) a search warrant will be requested. Extra patrol requests will be forwarded to subsequent watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch will attempt to OPS -08.3 contact a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return it to the Police Department. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports. B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open door, the following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representativQbe next business day. The business representative will b� iseUf the date and time of the incident and be asked to corste�-Bn —t} emergency contact card. ,7 N C. SEARCH PROCEDURES -� 1. If a property representative is not available and th re is Ca reasonable basis on which to conclude that an emergency threat% persons and /or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. X- 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he /she will draw his /her weapon. If the officer decides to draw his /her weapon, a Use of Force Report shall be completed by each officer drawing his /her weapon. In instances where multiple officers are involved in the search of a building, the on -scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. W, directive is for departmental use tai eeding. The department policy she standard of safety or care in an, is. violations of this directive FriistrativO sanctions. j nkelhake, Chief of Police �NMfJ� y and does not apply in any criminal or cit±,i, Id not be c©nstrued as a creation of highei videntlary. sdnse with- respect to_.#hird -I*) ill only form the basis for d rtmm y I� CCCD o rn OPS -09.1 PRISONER TRANSPORT Date of Issue General Order Number March 17, 1999 99 -03 Effective Date Section Code March 20, 1999 OPS -09 Reevaluation Date Amends / Cancels March 2005 05/04 1 All Orders In Conflict C.A.L.E.A. Previous Review Dates. Chapter 71 1 February 2000 INDEX AS: z Use of force Prisoner Transport =� Handcuffing I. PURPOSE v cn x. co The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. II. POLICY Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while transporting prisoners to protect the lives and safety of officers, the public and the person in custody. 71 1 7J OPS -09.2 III. PROCEDURES A. Vehicle Inspection At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact, and outer door latches in proper working order. c. Rear -seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behind or hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contraband. -T-he L vehicle shall be searched again after the prisoner has been e' er to the detention facility or other destination. --n �- I B. Handcuffing/ Use of Restraints `n t 1. Officers should handcuff (double - locked) all prisoners with t ikands `J behind their back and palms facing outward. > V — 2. The officer may handcuff the prisoner with his /her hands in front, or use other appropriate and approved restraining device(s) where the prisoner a. is in an obvious state of pregnancy, b. has a physical handicap, or c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he /she poses a threat to himself, the officer, to the public, or to prevent escape. 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. OPS -09.3 C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 2. Prisoners should not be handcuffed together. 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high -risk prisoners. In particular: a. combatants should be transported separately b. members of rival gangs should be transported separately h] 6. Prior to initiating transport, the officer should provide commt_ �tiorf with the following information. _ a. arrest location and destination ! 1 b. mileage reading before and after the transport of juveniles!6 member of the opposite sex. ii ; ,; c. number of persons being transported d. nature of the charge(s) y _ 7. The officer should assist the prisoner(s) into the squad car, taking care to avoid the prisoner(s) striking their head on the vehicle. Prisoners should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating vehicles equipped with video should consider activating and repositioning the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. b. When a prisoner is being transported in a two - officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. c. Leg restraints should be used when a prisoner exhibits or an officer reasonably believes the prisoner is likely to engage in violent behavior or is an escape risk. d. A single transporting officer shall not transport more than one OPS -09.4 prisoner in a vehicle without a screen. Prisoners should be instructed that they are not to speak to each other, or have contact with outside parties during the transport process. Prisoners should be secured in a seatbelt during transport if the officer(s) feel they can safely do so. 9. The physical well -being of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and /or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency room for treatment. b. Escorting officers shall remain with the patient at all times unless relieved by other authorized personnel. (this may include medical staff) L t c. Potentially violent persons in custody shall be restrained 71 times in treatment facility unless such restraint would interfor`e with essential treatment. c-" v 10. Symptoms or reports of physical or mental illness (such as t � #s oj6 suicide or psychotic behavior) shall be reported to the receivg — officer. — 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with , but not necessarily in the possession of the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non -life threatening yet serious situations, officers should call for back -up assistance and may remain on -hand until such assistance has arrived. 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The communications operator shall notify the watch supervisor. The officer shall complete report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He /she may OPS -09.5 also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16. When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and visual contact with the subject at all times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. 17. Upon arrival at the Johnson County jail, weapons shall be secured in the provided lockers. hl 18. Prisoners are in the custody of the Iowa City Police Depa#@nent mil they are received by Johnson County Jail personnel or retgd tag the officer. -_ �1 -. — c `-" F_ 19. Persons who are transported for non - criminal procedures ftuld b,�Q patted down and seated as indicated above. The officer Ql�*igd if the use of restraints is warranted. D 20. Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and /or documentation regarding the subject. The receiving officers name should be included on the "booking" sheets. I R. J. mkelhake, Chief of Police WARNING This directive is for 'departmental use only and does not apply in any criminal or proceeding. The department policy °should not ber construed as a creation of hi legal standard of safety or care in an evidentiary sense with respect to third -r' claims. Violations of - this directive will only form the 'basis for departmE administrative sanctions. OPS -19.1 JUVENILE PROCEDURES Date of Issue General Order Number NOVEMBER 20, 2001 01 -06 Effective Date Section Code NOVEMBER 26, 2001 OPS Reevaluation Date I Amends/ Cancels JANUARY 2005 4104 NEW C.A.L.E.A. I I Reference — — 0 d r ?n INDEX AS: n n Arrest t' P ocedures - -' �— i iTl ga ion r - �T, p Searches J I. PURPOSE N The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, custody, and child welfare 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 security interests of the community. OPS -19.2 III. 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; O 2. informal counseling to inform the youth of the consequences of h9actiorW, –n 3. informal referrals to community services; C) — 4. referral to parents or responsible adult; i–n 5. informal counseling of parents or responsible adult; 6. limited non - secure custody and warning at the PD; S _J 7. issuance of summons or complaint; D ry 8. arrest under non - secure custody; and ^' 9. arrest under secure custody. Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. 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 referral 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 misdemeanc5or hig&r level charge. B. acts involving weapons; n C. gang related offenses; :_� D. acts which are assaultive in nature; E. acts committed while on probation or when they have charge against them;, v, F. acts as repeat offenders or when they have refused to participate 4-'�i diversion 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 reasonably 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. OPS -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 whether 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 and document 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. Status offenders and other juveniles taken into custody should not b�placedAn an area with adult suspects and shall also be: _C? 1. under constant observation; ?I 2. afforded reasonable access to toilets and washing facilities; -j 3. provided with access to water or other nourishment as need CE- jr1 4. allowed reasonable access to a telephone. s N N 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. III. 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. O °— This section does not apply when the property to be searched is a motor e i Ie Riptd under the control of a juvenile. T 1 -i1 �1 lA D N N 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 conned in chapter 232.8 of the Code of Iowa. (cite and release exceptions) O r 'T1 B. transport of juveniles; C. Field Interview (FI) contacts with juveniles (for juveniles this will 4_4.�seEin J lieu of FI cards), in these type situations officers should note on the6�nplaJMt that it was a FI contact. ➢ N 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 Research shall analyze, evaluate and report on the enforcement 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. R. J. Winkelhake, 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. SOG #: Effective date: D Iowa City Police Department _I 03/18/2004 Subject: Reference. Citizen Involvement Programs Citizen Police Academy, Interns, Ride Standard Operating Guideline = �. Section: Issue #: SOG #: Effective date: D 04 -01 03/18/2004 Subject: Reference. Citizen Involvement Programs Citizen Police Academy, Interns, Ride Along, Volunteers Section: Issue #: ADM 1 Co m and S' rat e PURPOSE: The purpose of this guideline is to provide authority and procedures for the authorization of members of the public to temporarily observe and /or participate in the activities of the Iowa City Police Department. DEFINITIONS: Citizen Police Academy (CPA) - Joint program with the Iowa City Police Department and other Law Enforcement agencies in Johnson County, in which selected members of the public receive "basic" training of police policies and procedures. Intern - Member of the public who, in conjunction with an educational institution, is allowed to observe and on a limited basis, participate in the duties / functions of the department. Ride along - Member of the public who, on a single or limited time basis, rides with a member(s) of the department. Volunteer — Member of the public who performs supervised duties without payment for the Iowa City Police Department. PROCEDURES: All members of the public are required to complete a Release and Waiver of Liability (Waiver) and Authorization form prior to being allowed to observe, participate and /or accompany members of the department in the performance of the member's duty. CPA members, volunteers or Interns must sign a waiver at the beginning of their program or prior to performing duties. This waiver will end on the scheduled completion date of their respective program or duties. Individuals wishing to do a Ride Along must complete a Waiver form each time they ride with a member of the department. If the person involved is under the age of 18, the form must also be signed by the individual's parent or guardian. Because they are allowed to view police operations from a less guarded vantagepoint, Interns must receive consent from the Commander of Field Operations prior to beginning their contact with members of the department. Prior to granting consent, the Commander of Field Operations shall ensure that the following has been done: 1. Local police records check on the individual.n_ 2. Check of Driving Record - a -T1 3. Request and review of a Criminal History through NCIC fir} th N (_ individual. r._ 71 4. Fingerprinting and submission of fingerprints of the individual X tct: 1 participation in the program. (Report on prints does not ha to bey? returned from the state prior to beginning the program) D c Cn The Commander of Field Operations and /or Commander of Administrative Services shall have full discretion to withhold consent to participate based on the existence of a criminal history or any other articulable reason. Applicants for the CPA must receive consent from the Commanding Officer Administrative Services prior to beginning their participation in the program. Prior to granting consent, the Commander of Administrative Services or their designee shall ensure that the following has been done: 1. Local police records check on the individual. 2. Check of Driving Record 3. Request and review of a Criminal History through NCIC on the individual. The Commander of Field Operations and /or Commander of Administrative Services shall have full discretion to withhold consent to participate based on the existence of a criminal history or any other articulable reason. A Ride Along may be approved by a Watch Supervisor if deemed appropriate. Prior to the initial Ride Along, the Watch Supervisor shall check the driving record and check for a Criminal History on the person requesting to ride along. If the person has a Criminal Record the Watch Supervisor may decline the request based on the presence of a Criminal History. The Watch Supervisor may also decline the request for any other articulable reason. Members of the CPA, Interns, Ride Alongs and Volunteers are prohibited from using / accessing departmental equipment used to access records on members of the public. They may be shown how the equipment operates and the information that may be obtained, but may not directly access the records. The Commanding Officer of Administrative Services may authorize volunteers and persons doing an Internship in the Records Section and /or Communications Section of the Department to access records under the supervision of Permanent Full Time records or communications personnel. In an effort to maximize the efficient provision of services to the public, the Iowa City Police Department is dedicated to the use of civilian volunteers. These Volunteers may perform functions within the department as identified by a section head and shall be under the direction and control of the particular section head. Volunteers may wear a shirt or nametag provided by the department identifying them as a volunteer and /or wear civilian attire. Volunteers are non -sworn personnel who do not have arrest or detention authority. When in direct contact with the public, the volunteer shall be under the direct supervision of a permanent member of the affected section. The Sergeant of Planning and Research will routinely meet with representatives from the Senior Center in an attempt to match necessary duties with potential volunteers. Prior to the initiation of duties, the Commander of Administrative Services or designee shall conduct a background check including criminal history on interested applicants. The Commander of Field Operations and /or Commander of Administrative Services shall have full discretion to withhold consent to participate based on the existence of a criminal history or any other articulable reason. Prior to the assumption of their duties or upon the assignment of new duties, the supervisor of the respective section shall ensure that the volunteer receives training in the performance of the assigned duties. Prior to initiating assigned duties volunteers shall have demonstrated proficiency in the respective assignment. _ N r� CC l ^^ C S'• T' CIi Standard Operating Guideline SOG #: Effective date: 04 -02 0412312004 Subject: Reference: Crime Analysis Section: Issue #: Admin 1 Command Signature: Purpose: The purpose of this order is to identify responsibility for the department's crime analysis function and outline the duties and responsibilities associated with that function. It is the policy of the Iowa City Police Department to utilize appropriate analysis techniques to identify patterns of criminal activity in an effort to prevent and suppress criminal activity and to increase apprehension and case clearance. Definitions: Procedures: The Iowa City Police O s� CO S Department crime analysis function a series of systematic analytical processes directed at providing accurate, timely and pertinent information relevant to crime patterns. The purpose is to assist operational and administrative personnel with planning and deployment of resources in order to prevent and suppress criminal activity. N ry 71 Co ZZ V Cn Crime analysis aids the investigative process to increase apprehension and case clearances. The function supports Patrol, Special Operations, Investigations, Crime Prevention, and administrative functions. Planning and Research assists the crime analysis mission through specialized administration and call for service research activities. Employees shall insure that operational security precautions for intelligence information are diligently complied with. ORGANIZATION AND MISSION 1) The Crime Analysis function is the responsibility of all members and units of the Department. Analysis may be done on an informal daily basis by officers by associating related information, events, known Tt patterns /activities: or done on a formalized basis utilizing analytical capabilities contained within the department. 2) The Sgt. of Planning and Research is responsible for the day to day review of reports and is primarily responsible for the development of analytical reports. 3) The Investigative Section shall be provided information from the department's Crime Analysis / MO sheet on burglaries and sexual assaults. The investigator assigned to these cases should evaluate the Crime Analysis / MO sheets and determine possible relationships between similar offenses. If a possible relationship is determined, the investigating officer should advise affected watches and /or sections of patterns / trends. ANALYTICAL FUNCTION 1) The Crime Analysis function utilizes methodology for the analysis of crime data. Sources included but are not limited to: a. Offense / Incident Reports b. Pawn Records c. Field Interview Reports d. Crime Analysis / MO sheets e. Information from other agencies f. Information from MOCIC, KISS projects, LEIN and other similar organizations. g. Other sources as available 2) The Crime Analysis function may analyze crime data by: a. Similar or inter - related characteristics b. Frequency by type of crime i. Frequency of calls for service ii. Identification of emerging trends or patterns c c. Geographic factors and use of mapping 0 r i. Events by address o Tl ii. Area / beat profile information ,v d. Temporal factors by time of day, or day of week 1- CO i. Response time data e. Victim and /or target descriptors f. Vehicle descriptors y u, g. Suspect descriptors cn i. Selected gang information h. Modus Operandi (MO) factors I. Physical evidence information I. Pawn record information and stolen property trends ii. Similar evidence at multiple scenes j. Problem oriented or community policing strategies, if any 3) Disseminating Information a. Information will be distributed to police personnel as required / requested by command, or when information is identified which may assist in the solving of the incident b. Information may be disseminated in the form of bulletins for roll call, identifying new trends or updating previous information c. When information which would be of interest to a specific unit or officer within the department is identified, the information will be forwarded to the unit commander d. Information may be disseminated to other law enforcement agencies as appropriate e. The Chief of Police or designee and the Commander of Field Operations shall be advised of any patterns or trends FEEDBACK The value of Crime Analysis services depends on the exchange of information between the users and those providing the service. To facilitate this exchange the supervisor of the unit / section using formalized reports / information should advise those providing the information feedback on the quality, timeliness, and accuracy of the information. OPERATIONAL SECURITY 1) Crime Analysis documents that are identified as "DO NOT DISSEMINATE" or similarly marked, shall not be copied or transferred to anyone other than the officer(s) identified in the document 2) Crime Analysis information shall not be included in the case reports. Investigating officers shall refer to such information as intelligence information 3) The release of Crime Analysis reports is prohibited unless so ordered by the Chief of Police or designee, or pursuant to a court order 4) Any redissemination of Crime Analysis reports must be done in compliance with State Code Chapter 692. r 7,C) J}- 1 7 71 n c r 7� �T J Ln N Iowa City Police Department Standard Operating Guideline SOG A Effective date: 04 -03 0412812004 Subject: Reference: Amber Alert Abducted Children Section: Issue #: Operations 1 C and gignature_ Purpose: It shall be the policy of the Iowa City Police Department to participate in the Iowa Amber Alert Plan. The Amber Alert Plan is an Emergency Child Abduction Alert, and is a voluntary partnership between law enforcement and broadcasters that will alert the public when a child has been abducted. Its' purpose is to save the life of a child. Immediate action is critical to the victims' survival, and the effectiveness of the plan relies on the rapid dissemination of information to as many people as possible. In the Amber Alert Plan, radio and television stations interrupt programming with an emergency tone alert, similar to the one used to warn the public about severe weather conditions by using the Emergency Alert System (EAS). When the alert is activated, it mobilizes the community, providing assistance in the search for an abducted child within a matter of minutes. Criteria: Prior to activating an Amber Alert, the following four specific criteria M STALL. be met: — ' 71 1) The child must be under the age of 18; � o 1711 2) The child must have been abducted; 7 N `D cn 3) Circumstances surrounding the abduction indicate the child must be in danger of serious bodily harm or death; 4) There must be enough descriptive information about the child, the suspect and /or the suspects' vehicle to believe that a broadcast alert would help locate the child. Strict adherence to these criteria is essential in order to prevent the Amber Alert Plan from losing credibility and effectiveness. An Amber Alert is NOT to be used for Runaways or Family Abductions, unless the child's life is in immediate danger. Procedures: The following procedures are required for the Iowa City Police Department requesting Amber Alert activation. Amber Alerts must only be requested by the law enforcement agency of jurisdiction for the incident. 1. A confirmed child abduction report is taken. Responsibility of Responding Officer(s). a. Determine if it is a child abduction that meets the criteria provided in this order. b. Obtain victim, suspect, vehicle, and any other pertinent information and descriptions, advise dispatch of information. C. Advise a Supervisor of the situation immediately. d. Determine the circumstances that leads one to believe the child(ren) is in danger. e. Have the parent/guardian sign the attached "Liability Agreement and Authorization for Release of JuveniAle Information." — 2. The investigating officer who has reason to believe a child is'atsducted will verify the details with an on -duty supervisor. ` 3 3. The supervisor will determine if the Amber Alert activation critena I av* been met. D � h? Responsibility of Supervisor. The supervisor shall be resp sible for coordinating the completion of the following tasks: a. Initiate State of Iowa Amber Alert Plan by completing the "State of Iowa Amber Alert Notification Plan Facsimile Transmission Packet" (see attachment). b. Call to the State Patrol at 515 - 323 -4360 and advise them of the alert. Fax the completed form to the State Patrol Radio Communications (STARC) at 515 - 323 -4300. C. Initiate local Amber Alert Plan by sending the information out to the participating media by following the directions as provided. d. The Public Information Officer is the person of contact for the Media for any updated "Amber Alert" information. e. Notify the Investigations Commander. 4. If the criteria for an Amber Alert have been met, the following MANDATORY forms MUST be completed: a. Amber Alert Criteria Checklist form. (Appendix A) b. Emergency Notification Message Criteria form. (Appendix B) C. Amber Alert Liability Agreement form (Appendix C) LJ d. Authorization for Release of Juvenile Information form. (Appendix D) 5. The child must be entered into the National Crime Information Center (NCIC) database. Provide this information to the ECC for entry into NCIC. 6. The ECC shall telephone the Iowa Amber Alert Communications Center at 515 - 323 -4360 to request Amber Alert activation. 7. The ECC shall fax the completed Amber Alert Notification Plan to the Iowa Amber Alert Communications Center at 515 - 323 -4300. 8. When available, ECC shall e-mail or fax a photograph of the child to the Iowa Amber Alert Communications Center. 9. All Amber Alert updates and Cancellations must be faxed to the Iowa Amber Alert Communications Center at 515 - 323 -4300. Prior to cancellation the ECC shall contact State Radio at 515 - 323 -4360. 10.The following agencies shall be contacted to inform them of Amber Alert deactivations: Local FBI Office, National Center for Missing and Exploited Children (800- 843 - 5678). 11.The Iowa City Police Department Investigations Commander is designated as the Point of Contact for an Amber Alert and will designate a phone number, email address or fax number to assist the the public in submitting information, but generally these numbers can be used. Investigations Commander 319 - 356 -5280 Routine Line 319 - 356 -5275 FAX 319- 356 -5449 12. Keep all originals of completed forms, faxes, emails, teletypes and pertinent information and forward them to the Records Division for inclusion in the incident file. Copies of all forms should be forwarded to the Captain of Administrative Services in order to assist the statewide Amber Alert Review Committee in evaluating the Amber Alert System. NOTE: The Iowa City Emergency Communications Center will send out to regional, multi - regional or statewide administrative message regaCCling tlj activation, update, and cancellation of all Amber Alerts. `' �? �- _2 -rl 1 =� N t .. y c-n Cni DEACTIVATION The Amber Alert will be cancelled if the child has been located or upon closure of the child abduction case. The Commander Field Operations, or designee, shall authorize the cancellation or deactivation of the Amber Alert. The Deactivation form shall be completed and provided to the ECC for notification of appropriate agencies. When an alert is cancelled a supervisor shall ensure completion of the following tasks: a. Complete the "State of Iowa Amber Alert Notification Plan Cancellation Form ", (Appendix E) including a brief summary of the incident. b. Notification of State Radio at 515- 323 -4360 and advise them of the cancellation. FAX the completed form to State Radio at 515 - 323 -4300. c. Prepare a cancellation message on Department memorandum stating "To: All involved parties Re: Cancellation of Amber Alert originally issued on... The Iowa City Police Department is canceling the Amber Alert issued on... Signed Rank" REVIEW This policy shall be reviewed and updated to remain current with changes in the Iowa Amber Alert System. Members of the Department shall receive training in the Amber Alert notification system on an annual basis. N Y l ! w v - cn (APPENDIX A) State of Iowa Amber Alert Notification Plan Facsimile Transmission Packet Date: To: Iowa Amber Alert Communications Telephone #: (515) 323 -4360 FAX #: (515) 323 -4300 Call State Patrol Communications in Des Moines at 515- 323 -4360 or send an IOWA System message to IDM2 prior to faxing. r From: Iowa City Police Department - - Contact: o Telephone #: 319 - 356 -5275 LGj Z un Y cli Subject: ALERT CHILD ENDANGERMENT /ABDUCTION EMERGENCY NOTIFICATION If you have any questions regarding this transmission, please call the sender at the telephone number listed above. This facsimile contains CONFIDENTIAL INFORMATION which may also be legally privileged and is intended only for the use of the individual or entity to which it is addressed. Unauthorized disclosure or dissemination may be prohibited by state and federal statutes. If you received this communication in error, please call immediately at (319) 356 -5275. —11 ,L) (APPENDIX B) EMERGENCY NOTIFICATION MESSAGE CRITERIA The following criteria must be met in order to issue an Amber Alert: 1. Law enforcement must confirm a child has been abducted. 2. The child is under the age of 18. 3. Law enforcement believes the circumstances surrounding the abduction indicate that the child is in danger of serious bodily harm or death. 4. There is enough descriptive information about the child, abductor, and/or suspect's vehicle to believe an immediate broadcast alert will help. NOTE: Please complete all bolded items with all available information. If you do not have information for anyone of these required fields, mark it "nla ". ABDUCTION INFORMATION Date Abducted: (mm /dd/yy) Time Abducted: (hh:mm) Location of Abduction: (description) Direction of Travel /Destination: (City, State, Subdivision) Suspect Vehicle Description: (color. year, make, model, body style, plate and state of Issue) CHILD INFORMATION (complete an additional page for each additional child abducted) Name: (first. middle, last) Race: (include all types) Gender: (circle one) Male Female DOB: (mm /dd /yy or approx. year) Height: (feet. inches) n Weight: (lbs.) O Hair: (style and color) .n j `fl Eyes: (color) C) o Clothing: Shirt/Blouse:- (type, Ing or shrt sleeve, color) y cn cn Pants /Skirt: (type and color) Shoes: (color and type) Outerwear /headwear: (color and type) Additional Identifiers /Medical Concerns: Obtain a photograph of the child, if available, and e-mail to Iowa State Patrol Communications (desmoines@dps.state.ia.us) or FAX 515 - 323 -4300. ABDUCTOR INFORMATION (complete an additional page for each additional abductor) Name: (last, first, middle) Race: (include all types) Gender: (circle one) Male Female Age: (Approximate year) Height: (feet, inches) Weight: (lbs.) Hair: (style and color) Eyes: (color) Clothing: Shirt/Blouse: (type, Ing or shrt sleeve, color) Pants /skirt: (color and type) Shoes: (color and type) Outerwear /headwear: (type and color) Additional Identifiers: `J tV p can WHY DO YOU BELIEVE THE CHILD IS IN DANGER OF SERIOUS BODILY INJURY OR DEATH? ALL AMBER ALERT ABDUCTIONS ARE CONSIDERED ARMED AND DANGEROUS CONTACT ORGANIZATION: IOWA CITY POLICE DEPARTMENT Contact Person: Public Information Officer Telephone Number: 319 - 356 -5293 Facsimile Number: 319 - 356 -5449 Media Contact Number: 319 - 356 -5293 Agency Incident Number: Juvenile information waiver signed by parent or legal custodian: if yes - attach as page # 4 if no -attach as page #4 and explain Liability Waiver signed by parent or legal custodian: if yes -attach as page # 5 if no -attach as page # 5 and explain Submitted By: Date and Time Submitted: Amber Alert Authorization: N �a s P 2 -n o /�' un (APPENDIX Q LIABILITY AGREEMENT I hereby agree the information I have provided to you acting as an agent of the City of Iowa City, State of Iowa, Iowa State Patrol, Iowa Emergency Management Agency, Iowa Broadcasters Association or any individual or entity assigned by the Iowa State Patrol, to be truthful, factual, and correct. As the parent/legal custodian, I am aware that in order for the Iowa State Patrol to enter a child as being abducted and endangered the following criteria must be met 1. Law enforcement confirms a child has been abducted 2. The child is under the age of 18. 3. Law enforcement believes the circumstances surrounding the abduction indicate that the child is in danger of serious bodily harm or death. 4. There is enough descriptive information about the child, abductor, and /or suspect's vehicle to believe an immediate broadcast alert will help. I am also aware I may be charged criminally for committing the crime of False Reports, 718.6 Code of Iowa, if I knowingly provide false information to law enforcement authorities. Witness Signature of Parent/Legal Custodian Date (including maiden name) U C? —n PLEASE PRINT OR TYPE o t �� tV Last Name First Name Middle Initial Maiden Last Name, former y u' Ln Current Address House Number /Box Number Street Name /Rural Route City State Zip Code (APPENDIX D) AUTHORIZATION FOR RELEASE OF JUVENILE INFORMATION For a period of one year from the execution of this form, the undersigned authorizes full disclosure of all records concerning my child to any agent of the City of Iowa City, State of Iowa, Iowa State Patrol, or any individual or entity assigned by the Iowa State Patrol, whether the records are of a public, private, internal, or confidential nature. I direct the release of such information regardless of any agreement I may have made to the contrary with any entity or individual to whom my child's information is released or presented. The intent of this authorization is to give my consent for full and complete Disclosure of confidential juvenile information. Additionally, 1 understand the duty of the Iowa State Patrol to release any information to the proper authorities and make other reports as may be mandated by law. I also certify that any person(s) who may furnish such information concerning my child shall not be held accountable for giving this information; and I do hereby release such person(s) from any and all liability which may be incurred as a result of furnishing such information. I further release the City of Iowa City, Iowa State Patrol, Iowa Emergency Management Agency, Iowa Broadcasters Association and its agents, and designees under this release, from any and all liability which may be incurred as a result of furnishing such information. A photocopy of this release form will be valid as an original thereof, even though the said photocopy does not contain an original writing of my signature. I have read and fully understand the contents of this "Authorization for Release of Juvenile Information. Witness Signature of Parent/Legal Custodian Date (including maiden name) PLEASE PRINT OR TYPE r, O r Last Name First Name Middle Initial Maiden Last Name, former o r° Married name(s) or other < .; Names used X N `� Current Address House Number /Box Number Street Name /Rural Route City State Zip Code (APPENDIX E) State of Iowa Amber Alert Notification Plan CANCELLATION FORM Date To: Iowa Amber Alert Communications Telephone #: (515) 323 -4360 FAX #: (515) 323 -4300 Call State Patrol Communications in Des Moines at 515- 323 -4360 or send an IOWA N System message to IDM2 prior to faxing. o From: Iowa City Police Department =' Contact: « D cD Telephone #: 319- 356 -5275 Subject: j �� fV ALERT CHILD ENDANGERMENT /ABDUCTION EMERGENCY NOTIFICATION CANCELLATION Sin #: NCIC #: Name: _ DOB: Reason for cancellation: If you have any questions regarding this transmission, please call the sender at the telephone number listed above. This facsimile contains CONFIDENTIAL INFORMATION which may also be legally privileged and is intended only for the use of the individual or entity to which it is addressed. Unauthorized disclosure of dissemination may be prohibited by state and federal statutes. If you received this communication in error, please call immediately at (319) 356 -5275. TO: FROM: REF: DATE: DEPARTMENT MEMO 04 -08 C-a = N _- W Chief RJ Winkelhake Captain Matt Johnson o Captain Widmer "' January/February Use of Force Review March 23, 2004 The bi- monthly "Use of Force Review Committee met on March 22, 2004. It was composed of the following personnel; Captain Widmer Sgt. Lord Sgt. Krei Officer Gaarde The review of the submitted reports for January (21 incidents -34 reports) and February (16 incidents -19 reports) revealed no policy or training concerns. Of the 40 incidents, 10 (25 %) were destruction of an animal. Two Administrative issues were noted that need to be addressed. When officers note any injury other than "not injured ", they need to articulate where and what that injury is (example- bruise to the right thigh or scratch to the nose). Four reports are being returned for this reason. Also, officers need to write reports in "first person ". Use "I" not 'officer ". We need to know what the individual officer writing the report did and how that relates to what he /she observed other individual officers do, not a listing of "officer" and 'officers ". Some reports are starting to read like a script from the old 'Dragnet" TV series. Reports with issues are being returned to respective Watch Commanders. See me if you have any questions. Copy: City Manager, PCRB, Watch Commanders MEMORANDUM TO: Chief Winkelhake FROM: Captain Johnson, Field Operations RE: Quarterly /Summary Report- IAIR/PCRB, 2004 Quarter 1 (January- March) DATE: April 1, 2004 F-17) 'LN[i Ah,,' - I AH 10: 14 iOVVA Attached you will find the 2004 Summary Report, first quarter, for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. cc: PCRB Year: 2004 IAIR/PCRB Quarterly- Summary Report Quarter 1 (January- March) No complaints received this quarto FI tCC4 4,, R - I All 10: 24 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT February 2004 OFFICER DATE INC # INCIDENT FORCE USED 31 02 -02 -04 4 -5807 Suicidal Subject The subject, who was in handcuffs at UI ETC, had told the officer he was suicidal. When the subject got out of his bed and started banging his head on a counter the officer grabbed his shirt/coat and walked him back to his bed. 13 02 -06 -04 4 -6347 Fight Officers responded to a complaint of a fight. When they arrived on scene the subject fled, but was caught after a short foot chase and directed to the ground where he was handcuffed. 96 02 -07 -04 4 -6772 Armed Subject Officers responded to a complaint of an armed subject and were told that two subjects were down. The officer drew his weapon until the suspect weapon was secured and the building was searched. 21,56 02 -08 -04 4 -6920 Warrant Arrest While searching a residence for a wanted person the officer drew his side arm. Upon locating the subject, unclothed, in the bathroom the officer m ordered him out. While getting dressed __.r < the subject became angry and resisted c 7 the officer attempts to handcuff him. During the struggle the subject placed the arresting officer in a headlock. A second officer deployed a chemical r._ agent after the subject disregarded _ officer commands to stop resisting. --= When the subject continued to resist and attempted to elbow the first officer in the face, the second officer struck the subject in the thigh with his baton. At this point the subject cooperated and was handcuffed. 23 02 -16 -04 4 -8515 OWI The subject disregarded repeated requests by the officer to step from his vehicle. The subject was warned that he would be sprayed with OC but still refused to get out of he vehicle. After the officer deployed a chemical agent the subject still refused to comply and was pulled from the vehicle and OFFICER DATE INC # INCIDENT FORCE USED handcuffed after briefly resisting. After he was handcuffed the subject refused to walk and was carried/dragged to the patrol car. 58, 18 02 -17 -04 4 -8606 Public Intoxication Officers arrested the subject for public intoxication (possible drug use). The subject actively resisted being handcuffed and was directed to the ground. While on the ground the subject continued to resist and spit on the officers. The officers deployed a chemical agent, but it had not effect. t7 After being handcuffed the subject was helped to his feet and walked to the ' patrol car, at which point he again actively resisted and spit on the officers. The officers again deployed a cv chemical agent and directed the subject - -- back to the ground. When the subject calmed down he was placed in the b patrol car without further incident. 58 02 -18 -04 4 -8765 Juvenile Run Away The juvenile subject was in a van with 2 older adult males. When the officer attempted to speak with her she opened the door and attempted to flee. The Officer was able to grab her arm but she pulled free and tripped over a curb. The officer had to use a hands control technique to place her hands behind her back to hand cuff her. (returned to mother) 60 02 -20 -04 4 -9124 Injured Deer The officer used his side arm to dispatch a deer that had been struck by a vehicle. 51 02 -21 -04 4 -9351 Disorderly House After being told he was under arrest the subject refused to comply with officer commands to place his hands behind his back. The officer was able to get one hand behind his back, but the subject tensed up and refused to comply with additional officer requests that he place his other hand behind his back. The officer used an active counter measure and was able to gain control of the subjects other hand to handcuff him. 60 02 -21 -04 4 -9486 Injured Animal The officer used his sidearm to dispatch an injured squirrel. OFFICER 9 0. (.7 N c .a 38 <Z 0 18 M 11,51 DATE INC # INCIDENT FORCE USED 02 -22 -04 4 -9581 Fight Two subjects disregarded officer commands to stop fighting. The officer deployed a chemical agent and both subjects stopped fighting. 02 -22 -04 4 -9583 Fight While officers attempted to disperse a crowd of people the subject refused to leave and made verbal threats of violence. When he continued to disregard officer commands to leave the officer told him he was under arrest. The subject continued to be agitated so the officer deployed a chemical agent to prevent a physical confrontation during the arrest. After being sprayed the subject went to the ground and complied with further officer requests. 02 -23 -04 4 -9732 Welfare Check The subject, who had made threats of suicide, refused officer requests to get into the ambulance to go to the hospital. The officer used a wrist come along technique to walk the subject to the ambulance. 02 -24 -04 4 -10099 Injured Animal The officer used his sidearm to dispatch an injured raccoon. 02 -29 -04 4 -11041 Domestic Assault Officers responded to a domestic in which one of the parties was armed with a knife. Upon arrival they could hear a woman crying, but nobody would open the door. The officers drew their sidearms and then kicked the door to gain entry. Upon entering the residence they saw a male subject at the top of the steps. When the subject disregarded their commands to lay on the floor they approached after noticing he was not armed and directed him to the floor. 02 -29 -04 4 -11045 Armed Subject The officer responded to a fight in which one of the subjects was said to be armed with a gun. Upon arrival the officer could hear loud yelling and a woman crying. He knocked, announced himself and entered the residence with his side arm drawn. The officer ordered the subjects to lay on the floor until the area was secured. OFFICER DATE INC # INCIDENT FORCE USED CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library 0 N IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2004 OFFICEIk DATE INC # INCIDENT FORCE USED — 13 ,_ 03 -03 -04 4 -11556 Traffic Stop When the officer activated his top lights to make a traffic stop the violator accelerated. The officer then activated M — his siren, but discontinued the chase when told to do so by his sgt. The _ — — suspect vehicle was later located, U unoccupied, in a parking lot and 0 impounded for investigation. 4 -. 31 03 -04 -04 4 -11691 Injured Animal The officer used his side arm to dispatch an injured opossum. 58 03 -04 -04 4 -11710 Assault with a The subject refused to walk to the Dangerous Weapon patrol car when told to do so. While being escorted to the car he attempted to pull away from the officer. After arriving at the car the subject refused to get in and was directed into the backseat by the officer. 25, 31 03 -05 -04 4 -12084 Intoxicated Subject When the subject was told that he was under arrest he refused to place his hands behind his back. He resisted officer attempts to place his hands behind his back and was directed to the ground. The officers used a hands control technique to place his hands behind his back to hand cuff him. 58 03 -06 -04 4 -12138 Fight After telling the subject that he was under arrest the officer was able to place a handcuff on the subject's left wrist. The subject actively resisted having his other wrist handcuffed and the officer placed him against a wall, where he used a hands control technique to place a handcuff on the subject's right wrist. 41 03 -06-04 4 -12299 Open Container The officer was speaking with a subject whom he observed carrying an open container of an alcoholic beverage. While the officer was speaking with him the subject attempted to leave. The officer was able to grab the subject's shirt to keep him where he was and then waited for his back up to arrive. The subject was arrested without OFFICER DATE INC # INCIDENT FORCE USED further incident. 58 03 -07 -04 4 -12313 Unk Problem The officer observed a subject that had been injured in a fight. When the officer approached him he tried to run away, but was directed to the ground by the officer. The subject actively resisted being handcuffed so the officer used a hands control technique to place his hands behind his back. a 0 6 03 -07 -04 4 -12333 Fight When the subject refused to comply with officer commands to place her _ — - hands behind her back the officer Li_ placed her against a wall. The officer rn was able to handcuff the subject with the assistance of a bystander and then escorted her to the patrol car while she T C� attempted to twist away from him. ~ 4 03 -07 -04 4 -12517 Fight After separating persons involved in a fight the subject walked up and hit one of the parties in the face. The officer grabbed the subject who then tried to pull away from him. The officer directed the subject to the ground where she was then handcuffed. 24 03 -08 -04 4 -12532 Mental Committal The officer deployed a chemical agent after the subject started to flee from U of I officers. The ICPD officer directed the subject to the ground where he used a hands control technique to place the subject's hands behind his back to handcuffhim. 56,27 03 -10 -04 4 -12995 Trespass The subject was placed under arrest for public intoxication. After the officer placed a handcuff on the subject's left wrist he tensed up and pulled his right arm in front of himself as he pulled away from the officer. The officers deployed a chemical agent and directed the subject to the ground where he continued to resist and disregard officer commands to place his hands behind his back. The officers used hands control techniques and active countermeasures to place the subject's hands behind his back to handcuff him. 36 03 -13 -04 4 -13425 Traffic Stop The subject disregarded officer commands to exit his car and tried to OFFICER DATE INC # INCIDENT FORCE USED grab his license back from the officer. The officer was able to pull the subject from his car and place him against the car. The subject actively resisted being handcuffed as he grabbed at the officer. The officer used active countermeasures and verbal commands to gain. control of and to handcuff the subject. 4 03 -13 -04 4 -13428 Traffic Stop While conducting an OWI investigation the subject tried to grab his driver's license bask from the officer. The officer used a wrist control technique and directed the subject against the vehicle where he placed the subject, who continued to resist, in handcuffs. 31, 58 03 -14 -04 4 -13599 Public Urination While speaking with a subject about public urination the subject spit over the officer's shoulder. The officer directed the subject over the hood of CD Q the patrol car and told him he was under arrest. The subject spun and - around, pulling himself from the officer's grasp. The officer was able to direct the subject to the ground, but the _ subject attempted to get back to his �S feet. The officer deployed a chemical agent and was able to place him in lJ handcuffs as back up officers started to arrive. The subject continued to spit at and threaten the officer while being directed into the backseat of the patrol car. 4,6 03 -15 -04 4 -13719 Traffic Stop After being told that he was under arrest the subject brought his hands up in front of himself in a threatening manner. The officers placed the subject against a wall and used hands control techniques to place his hands behind his back. 57 03 -19 -04 4 -14510 Injured Animal The officer used his side arm to dispatch a sick raccoon. 17, 9 (15, 6, 03 -21 -04 4 -14773 Fight Officers responded to a complaint of a 81, 14,58) large fight with multiple smaller fights. The combatants disregarded officer commands to stop fighting and continued to fight while being physically separated by the officers. OFFICER DATE INC # INCIDENT FORCE USED Officers deployed chemical agents to gain control of the situation. On at least two occasions subjects aggressively approached officers who were in the process of making arrests. One subject was sprayed with a chemical agent by a back up officer and arrested. The other subject was directed to the ground by a back up officer and arrested. 58 03 -21 -04 4 -14776 Fight The subject had been placed in restraints by another agency. When the ICPD officer arrived the subject tried to kick the officer. The officer placed the subject on the ground until he calmed down. Because the person refused to walk to the patrol car the officer had to carry him. 47 03 -21 -04 4 -14792 Injured Animal The officer used her side arm to dispatch an injured deer. 20 03 -23 -04 4 -15195 Delivery of Drugs The officer drew his sidearm and Invest. ordered subjects to get on the ground. The subject's complied and were handcuffed. Officers had received prior information the subjects may be armed. 94 03 -24 -04 4 -15493 Injured Animal The officer used his side arm to dispatch an injured raccoon. 18 03 -25 -04 4 -15545 Criminal Mischief After the subject attempted to strike the officer with a wooden plank the officer directed him to the ground and placed him under arrest. 60 03 -28 -04 4 -16282 Intoxicated person After finding the subject passed out in an alley, covered in vomit, the officer woke him and requested an ambulance. The subject disregarded officer commands to stay seated on the ground, Q4 got up and charged the officer while swinging his arms. The officer directed the subject onto the hood of a patrol car and handcuffed him while being kicked by the subject. The officer was able to place him into the back seat of the patrol car, but had to remove him to �� place him in leg restraints after he started kicking the back window. OFFICER DATE INC # INCIDENT FORCE USED CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library CD POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2004 Date Description 3 -1 Person called for a friend and requested form. 3 -2 Person called asking about information on complaints. Asked for City Clerk. (Gave Clerk message) 3 -15 Person picked up complaint form regarding incident at the County Jail (informed them City police complaint form only) POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS April 2004 Date Description 4/15/04 Woman called regarding cancelled meeting. 4/16/04 Woman called wondering what address to send PCRB complaint form to. DRAFT POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to assure that investigations into claims of police misconduct are conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and /or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures, and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2004 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. This year the Board held 12 meetings, each lasting one to three hours. Three meetings were cancelled, two were due to lack of a quorum and one due to lack of board business. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provides the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attends the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members Board member Bev Smith was removed from the Board and was replaced by Greg Roth in August to serve an unexpired term ending September 1, 2005. David Bourgeois resigned in November and was replaced by Roger Williams who was appointed to serve an unexpired term ending September 1, 2005. Candy Barnhill was also appointed to the board, replacing John Watson, to serve a 4 -yr term ending September 1, 2007. COMPLAINTS Number and Type of Allegations Seven complaints were filed during the fiscal year July 1, 2003 — June 30, 2004. Eight public reports were completed during this fiscal period, and one complaint was withdrawn. Of the eight public reports, two had combined complaints. The eight completed public reports involved 26 allegations. PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 2 Allegations Complaint #03 -01 1. The officer acted inappropriately. The officer was rude and used offensive language. 2. Failure to provide medical assistance. 3. Excessive use of force. ` 4. The videotape of the incident was altered. Complaint #03 -02 1. Excessive use of force. 2. Inappropriate conversation or comments. ** Complaint #03 -04 1. The complainant was unlawfully arrested. 2. Officer (C), (B), and (D) engaged in improper conduct by being mean, rude and not caring causing the complainant to feel violated, discriminated, intimidated and scared. Complaint #03 -0 1. Investigating Officer did not adequately investigate her son's assault complaint which resulted in him seeking retaliation. 2. Complainants dissatisfaction with the Press- Citizen publishing her son's name and information when he was charged with assault. " 3. Complainant unhappy that her son spent two days at Linn County Juvenile Detention. Complaint #03 -06 & #03 -07 1. Improper /Unlawful Arrest. 2. Improper Conduct. 3. False Report. Complaint #03 -08. #03 -09, & #03 -10 1. Rudeness. 2. Assault. 3. Failure to Supervise. 4. Failure to investigate. Complaint #03 -11 1. False statements against Officer A and Officer C. 2. Illegal Search against Officer A and Officer C. 3. Failed to provide medical care against Officer A and Officer C. Complaint #03 -12 Withdrawn Complaint #03 -13 1. Officers failed to identify themselves when they first placed hands on him (Complaint) and arrested him. 2. Officers used excessive force while patting him (Complaint) down by placing an elbow in his back. 3. An officer sprayed him (Complaint) with OC for no reason after he was placed in the back of the squad car. 4. An officer hit him (the Complaint) in the head while he was in the squad car. 5. Post arrest harassment. PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 3 Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 7 Level b Interview or meet with complainant 3 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 3 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizen's Complaint and the Chief's Report and decides whether the allegations should be sustained or not sustained. The Board prepares a report for the City Council. Of the 26 allegations listed in the eight complaints for which the Board reported, only one was sustained" and five allegations were also summarily dismissed' as required by City Code, Section 8- 8-3 D and 8 -8 -3 E. The Board made comments and /or recommendations for improvement in police policy, procedures, or conduct in one of the reports: Complaint #03 -01 There are several troublesome elements about the videotape, which we feel ought to be explained. The videotape begins at 19:56, yet the arrest report indicates that the officer arrived at the scene at 19:41, a discrepancy of 15 minutes. The video camera was not aimed through the windshield at the scene, instead it was aimed down at the hood of car thereby excluding the visual evidence. From 21:01 until 21:16, a period of 15 minutes at the Public Safety Office, there is no sound on the tape and the screen is black. Audio /video resume at the Public Safety Office at 21:16. There is no audio /video during the first 15 minutes of the incident or during another 15 minutes while at the U of I Public Safety Office. The video camera angle changed at 21:25. We have no comment on whether or not the videotape might have been edited or altered, and as noted in our response to Allegation # 4, we accept the Chief of Police's conclusion. Questions remain: why the video tape was not begun when the officer arrived on the scene; why the video camera remained pointed at the hood of the car instead of where the officer was; and why there are 15 minutes unaccounted for when that period of time could be no different than the immediately preceding and following the unaccounted for time. The purpose of having a video camera in a squad car is to document in an audio and visual form the interactions of an officer and a citizen during an incident of record, then certainly the camera ought to be aimed at the interaction that is taking place. When the camera is inappropriately aimed and the audio is not continuous, the value of the recording is severely compromised. We recommend that the department urge its officers to use this resource efficiently and effectively. Quality of the tape is poor and requests the Department upgrading quality of tapes and /or equipment PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 4 Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled one name - clearing hearing. The Officer waived the right to the hearing and did not attend. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against fifteen officers in the eight complaints this report covers. Four officers were named in two complaints; the rest were each named only once. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the eight complaints reported on in this fiscal year. This excludes information from the one complaint, which was withdrawn. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants Age: National Origin: Color: Under 21 2 US 1 White 1 Over 21 3 Unknown 10 Black 2 Unknown 6 Unknown 8 Sexual Orientation: Gender Identity: Sex: Heterosexual 1 Female 2 Female 3 Unknown 10 Male 0 Male 1 Unknown 9 Unknown 7 Marital Status: Religion: Mental Disability: Single 3 Christian 2 No 1 Married 0 Baptist 1 ADD 1 Unknown 8 Unknown 8 Dyslexia 1 Unknown 8 Physical Disability: Epilepsy 1 No 1 Unknown 10 BOARD MEMBERS Loren Horton, Chair John Watson / Candy Barnhill, Vice Chair John Stratton David Bourgeois / Roger Williams Beverly Smith / Greg Roth clerk/Annual Report 03- 04.doc