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HomeMy WebLinkAbout02-08-2005 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD February 8, 2005 - 7:00 P.M. LOBBY CONFERENCE ROOM 4'10 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 12/09/04 · ICPD Use of Force Report- November 2004 · ICPD Use of Force Report- December 2004 · ICPD Quarterly/Summary Report- IAIR/PCRB, 2004 · ICPD Department Memo 04-57 · ICPD General Order #91-04 (Report Form Development and Control) · ICPD General Order #95-01 (Emergency Operation of Police Vehicles) · ICPD General Order #01-01 (Racial Profiling) · ICPD General Order #01-06 (Juvenile Procedures) · ICPD General Order #01-08 (Criminal Intelligence) ITEM NO. 3 OLD BUSINESS · Report of meeting with Chief Winkelhake ITEM NO. 4 NEW BUSINESS · Policy/Procedure for extension requests 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 · March 8, 2005, 7:00 P.M., Lobby Conference Room · April 12, 2005, 7:00 P.M., Lobby Conference Room · May 10, 2005, 7:00 P.M., Lobby Conference Room · June 14, 2005, 7:00 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: February 4, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on February 8, 2005 Enclosed please find the following documents for your review and comment at the next board meetin§: · Agenda for the meetin§ on 02/08/05 · ICPD Use of Force Report- December 2004 · ICPD General Order #91-04 (Report Form Development and Control) · ICPD General Order #95-01 (Emer§ency Operation of Police Vehicles) · ICPD General Order #01-01 (Racial Profiling) · ICPD General Order #01-06 (Juvenile Procedures) · ICPD General Order #01-08 (Criminal Intelligence) · PCRB Complaint Deadlines · PCRB Office Contacts- January 2005 Please bring the following previously distributed packet materials from the January 7th mailing: (If you need additional copies of something, please let me know) · Agenda for the meeting on 01/11/05 · Minutes of the meeting on 12/09/04 · ICPD Use of Force Report- November 2004 · ICPD Quarterly/Summary Report- IAIR/PCRB, 2004 · ICPD Department Memo 04-57 · PCRB Complaint Deadlines · PCRB Office Contacts- December 2004 · News Release: Citizen's Police Academy Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www. NACOLE.orq SER-02.1 REPORT FORM DEVELOPMENT AND CONTROL Date of Issue I General Order Number September 30, 1991 I 91-04 Effective Date I Section Code October 3, 1991 I SER-02 Evaluated on I Amends / Cancels March 22, 1999 I I Reeva/uationDato I C.A.L.E.A. January2008 01105 11.4.2 INDEX A S: Development of Repod Forms Forms Management Program Report Form, Development of Repod Form, Division of Repod Form, Annual Review Revision of Repo~ Forms I. PURPOSE To establish the policies and procedures for revising current report forms, developing new report forms and controlling the use of report forms. II. POLICY It shall be the policy of the Iowa City Police Department to have formal_ procedures for the development, use and maintenance of official police report forms, interdepadmental forms, intradepartmental forms, and other official department documents and/or forms. SER-02.2 III.PROCEDURES - REPORT FORM DEVELOPMENT/REVISION A. GUIDING PRINCIPLES The basis for developing a new form or revising an existing form shall 1. purpose and use of form based upon justifiable need 2. eliminate duplication and redundancy 3. eliminate or update unnecessary, outdated or obsolete f:~r~-s 4. improve the appearance and functional efficiency of form~¢, 5. coordinate with information processing procedures 6. mandated information reporting change B. RESPONSIBILITY FOR FORM DEVELOPMENT / REVISION 1. The Commander, Administrative Services, shall be responsible for .. coordinating the process or developing or revising report forms. 2. In addition to the involvement of and review by the supervisory and command staff, new and/or revised report forms shall be developed with the assistance of the personnel most likely to use the forms. C. APPROVAL FOR NEW / REVISED FORMS 1. All new and / or revised report forms must be reviewed and approved by the Chief of Police. IV. PROCEDURES - FORMS MANAGEMENT PROGRAM A. RESPONSIBILITY- FORMS MANAGEMENT PROGRAM 1. The Records Manager shall be responsible for maintaining the Forms Management Program. B. PROCEDURES - The Forms Management Program will include the following procedures: 1. assignment of a forms control number to all pertinent report forms 2. maintain inventory control of all forms 3. replenish supplies of forms for general distribution and inventory SER-02.3 4. identify potential problems with report forms and make recommendations for improvements. V. ANNUAL REVIEW OF REPORT FORMS A. At the direction of the Chief of Police, the supervisory and command staff will conduct a review of all Depadment repod forms for the purpose of recommending revisions, eliminations, or creation of report forms. .~J? Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civi proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ePS-06.1 EMERGENCY OPERATION OF POLICE VEHICLES Date of Issue I General Order Number January 23, 2001 95-01 Effective Date I Section Code January 29, 2001 ePS-06 IReevaluation Date Amends OPS-06 Issued Feb 1, 1995 Januar~ 2006 01105 CANCELS OPS-07 SAFETY BELTS I C.A.L.E.A. Reference 41.2.1, 41.3.1, 41.3~3 i 7,,~_ INDEX AS: Emergency Communications Seat Belts -~ -'-" Traffic Stops Occupant Restraints Police Vehicle Pursuits I. PURPOSE The purpose of this order is to clarify the operation of departmental vehicles in non- pursuit situations. I1. 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. II1. 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 be used intermittently at the officer's discretion. I.e. property damage accident with roadway blocked. Code 2 responses involve the use of emergency lights. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment.,the following guidelines shall be adhered to. Code 3 responses involv~the u~ of emergency lights and siren. Emergency lights should be used at al~;ti~es while responding to an emergency assignment. A. No unit assigned to departmental personnel shall be drivenT;i~ manner or at such a speed that the operator is unable to safelE:!mai~ain control of the vehicle. :~. ;-: - B. No unit shall be driven through an intersection which is cont~led b~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 of the officer driving the vehicle. (There are many times when the use of a siren is unnecessary and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the opinion of the operating officer, it is necessary to stop violators and/or alert passing or oncoming 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: A. the officer's ability to control the vehicle; ~-~. B. roadway conditions; ~. C. light conditions; : D. traffic conditions; :i_.!... ~ ,- E. nature of the offense or situation; F. the danger posed to the public and the officer by the speed of the~ehicle~-:~ . The ultimate responsibility for the safe operation of a police vehicle is with i~Ope~,tor 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 SERVICF 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: OPS-06.4 A. Priority 1: Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life-threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in-progress crime against a person etc. Officers responding to Priority 1 calls may respond in a Code 2 or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include; intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in a Code 3 or Code 2 mode, or a combination of both. C. Priority 3: All other routine calls for service which require a timely, but non-emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first-aid calls which do not involve life-threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a Code 1 mode. D. Priority 4: Calls for service which are of such nature that they may be taken when the area car is available. Priority 4 calls include but are not limited to animal complaints, parking problems which pose no traffic hazard, etc. Officers will respond to Priority 4 calls in a Code 1 mode. UNIT ASSIGNMENT To the extent possible the nearest area car will be assigned as the initial unit of a Priority 1 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 arrj¥~al of ..the assistin9 unit(s), the secondary unit(s) may respond in a Code 2 or Code these circumstances, the responding officers must weigh the jeopardy thei:~:~:~Jpo~se presents to themselves and the public. The assisting officer(s) must remaidi~dindf~:of .-~ the fact that other emergency vehicles may be responding to the area i~a-Cod~' 3 mode. - 0PS-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 initial unit on an emergency call. All unmarked vehicles used for traffic enforcement shall be equipped with emergency lights and siren. PURSUIT Officers of the Iowa City Police Department engaged in pursuit shall comply with section 321.231 of the Code of Iowa and will be governed by the Iowa City Police Department General Order # 99-01 Police Vehicle Pursuits. ESCORT SERVICE At no time shall private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) be given an escort by a member of this department. With prior notice a watch supervisor may authorize an escort of a funeral procession 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 utiliz~safetyi~J~elt devices whenever the employee operates a departmental vehicle and shall~p y.~with Iowa Code 321.445 requiring the use of safety belts on all front seat occupar~!~:: 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. ¢{. J'. 'Winkelhake, chi~'of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil ~roceeding. 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. OPS-17.1 RACIAL PROFILING IDate of Issue General Order Number January 10, 2001 01-01 February 1, 2001 OPS-17 Reevaluation Date I Amends / Cancels December 2005 12/04 New IC.A.L.E.AI Reference 1.2.4,1.2.9,41.3.8,61.1.2.9 INDEX AS: Racial Profiling Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants Discipline I. PURPOSE The purpose of this order is to unequivocally state that racial and ethnic profiling by members of this department in the discharge of their duties is unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion i(i.e art culabe objective facts) to believe they have committed, are committing, are about to commit an nfraction of the law or there is a valid articulable reason for contact Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethn city or sex. OPS-17.2 III. DEFINITIONS Racial profiling - The detention, interdiction, exercise of discretion or use of authority against any person on the basis of their racial or ethnic status or characteristics. Reasonable suspicion - Suspicion that is more than a "mere hunch" or cu~_~sity, ~, is based on a set of articulable facts and circumstances that would warrant ~p_'_e_rso~:of reasonable caution to believe that an infraction of the law has been committ'~l;iis al~6ut to be committed or is in the process of being committed, by the person :_~ pers~+~s Under suspicion. ("Specific and articulable cause to reasonably believe criminal act~i.Zy is afoot.") :- IV. PROCEDURES -'> ~-~ The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. 'B. Traffic enforcement shall be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. 1. Officers shall cause accurate statistical information to be recorded in accordance with departmental guidelines. 2. The deliberate recording of any inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including termination of employment. C. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop, the description of the person detained, and the reason for the stop, and this information shall be recorded. The exception to this procedure is when officers are taking part in safety checkpoints and are working with other officers. D. If the police vehicle is equipped with a video camera, the video and sound should be activated prior to the stop to record the circumstances surrounding the stop, and should remain activated until the person is released. E. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. 0PS-17.3 F. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. TRAINING Officers shall receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, coudesy, cultural diversity, the laws governing search and seizure, and interpersonal communications skills. 1. Training programs will emphasize the need to respect the rig citizens to be free from unreasonable government intrusion (~r: ~p~olic~ action. . COMPLAINTS OF RACIAL/ETHNIC PROFILING Any person may file a complaint with the department if they feel tl~' hav~ been stopped or searched based on racial, ethnic, or gender-based ~)rofiling.,~ No person shall be discouraged or intimidated from filing such a complaint, or discriminated against because they have filed such a complaint. 1. Any member of the department contacted by a person, who wishes to file such a complaint shall refer the complainant to a Watch Supervisor who shall provide them with a departmental or PCRB complaint form when requested. The supervisor shall provide information on how to complete the departmental complaint form and shall record the complainants name, address and telephone number. 2. Any supervisor receiving a departmental complaint form regarding racial/ethnic profiling, shall forward it to the Commanding Officer Field Operations and all such complaints shall be reviewed and the complaint acknowledged in writing. The complainant shall be informed of the results of the department's review within a reasonable period of time. The report and the reviewer's conclusion shall be filed with the Chief of Police, and shall contain findings and any recommendations for disciplinary action or changes in policy, training, or tactics. 3. Supervisors should periodically review a sample of in-car videotapes of stops of officers under their command. Additionally, supervisors shall review reports relating to stops by officers under their command, and respond at random to assist or observe officers on vehicle stops. 4. Supervisors shall take appropriate action whenever it appears that this policy is being violated. OPS-17.4 REVIEW 1. On an annual basis or as requested by the Chief of Police, the Commanding Officer Administrative Services, or designee, shall provide reports to the Chief of Police with a summary of the sex, race, and/or ethnicity of persons stopped. 2. If it reasonably appears that the number of self-initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grounds for the disproportionate rate of contacts. 3. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. 4. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and sex of persons stopped for traffic violations. 5. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. 6. If evidence supports a finding of a continued ongoing pattern of racial or ethnic profiling, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual officer(s) and/or their supervisors. R'. ). IWinkelhake, Chief of Police WARNING This directive is for departmental use on'ly and does not apply in any criminal or civi proceeding, The department policy shoul~l not be construed As a creation of a higher legal standard of safety or c~are in an evidentiary sense with respect to third-[~arty claims. Violations of this directive wil only form the basis for de~en~ administrative sanctions., OPS-19.1 JUVENILE PROCEDURES IDate of Issue General Order Number NOVEMBER 20, 2001 01-06 Effective Date ISection c°de NOVEMBER 26, 2001 ePS Reevaluation Date I Amends / Cancels JANUARY 2006 1105 C.A.L.E.A. Reference Chapter 44 INDEX AS: Arrest :' Investigation Procedures . Searches I. PURPOSE 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. 11. 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 juven e 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 ntervention strategies. With this in mind, officers should, when reasonable and~ ustified under th s po icy, take those measures necessary to effect positive changes in~ uvenile offenders that are consistent with state law and the safety and securityI Lnterests 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 absen0e of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non-Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile 1. is held in an unlocked, multi-purpose area that is in no way designed for residential use, such as a report writing room or an office; 2. is at no time handcuffed to any stationary object; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; and 4. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his__actions;; 3. informal referrals to community services; O 4. referral to parents or responsible adult; 5. informal counseling of parents or responsible adult; ,: -7' -- ..... 6. limited non-secure custody and warning at the PD; :' 7. issuance of summons or complaint; 8. arrest under non-secure custody; and 9. arrest under secure custody. ~ .- Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. 0PS-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 m~sdemeanor;~ hi~fler level charge. B. acts involving weapons; . C. gang related offenses; D. acts which are assaultive in nature; E. acts committed while on probation or when they have charges?~endj~g against them; F. acts as repeat offenders or when they have refused to padicipate in diverslb~ 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 Depadment 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 be placed in an area with adult suspects and shall also be: _ 1. under constant observation; ~'2).:._ 2. afforded reasonable access to toilets and washing facilitie 3. provided with access to water or other nourishment as need.ed; 4. allowed reasonable access to a telephone. . 0PS-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. Ill. Fingerprints and photographs of juveniles shall be taken in conformance with the Code of Iowa chapter 232.148. IV. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. When practical, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. VI. Prior to requesting consent to search from a juvenile, officers should attempt to contact the person in actual control of the property to be searched. When requesting consent to search from a juvenile, officers shall consider the age of the juvenile. Officers should not request consent to search from juveniles appearing to be under the age of fourteen. When requesting consent to search from a juvenile, the requesting officer shall clearly explain the voluntary nature of the request and the right of the juvenile to refuse the request. A. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. This section does not apply when the property to be searched is a motor':~ebicle-~nd under the control of a juvenile. ~!~ ~! ..... 0PS-19.6 E. Repealing I. Officers shall document contacts with juveniles on the Departmental Juvenile Complaint form. The form shall be filled out as completely as possible. Juvenile contacts include but are not limited to: A. When a charge is filed or contemplated, other than the exceptions contained in chapter 232.8 of the Code of Iowa. (cite and release exceptions) B. transport of juveniles; C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note 'on the complaint that it was a FI contact. D. juveniles in the company of others at the proximate time an offense was committed; E. Other circumstances as determined by watch supervisors or the Report Review Officer. II. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. Ill. 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 depadmental efforts and or directives. R. LI. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil iProceeding. The department policy should not be construed as a creation ~ a hi~r legal standard of s~fety or care in an evidentiary sense with respect claims. Violations of this directive will only form the basis for d~-~me~l administrative sanctions. ;.-· -~ ..:~ INV-03.1 CRIMINAL INTELLIGENCE Date of Issue I General Order Number NOVEMBER 29, 2001 I 01-08 Effective Date I Section Code DECEMBER 3, 2001 I INV-03 Reevaluation Date I Amends / Cancels December 2006 01/05 I C.A.L.E.A. I Reference 51.1.1, 51.1.2 INDEX A S: Criminal Intelligence Inspections Intelligence Intelligen~ Reliability ~-: ~ --, I. PURPOSE The purpose of this order is to identi~ the purposes for which criminal intelligen~may be obtained, the purpose for which it may be used, who may access the information and methods for identi~ing the reliability of the information. In addition the order identifies the security and maintenance requirements for housing intelligence files and procedures for the dissemination of information contained in the files. II. POLICY It is the policy of the Iowa City Police Department to identify those types of criminal activity, which require intelligence information beyond the normal practices of the department. All information submitted to Intelligence files shall be obtained in legal manner, verified to the extent practical and reviewed on a regularly scheduled basis and disseminated only to serve a legitimate law enforcement purpose. INV-03.2 III. DEFINITIONS Criminal Intelligence - Information compiled, analyzed and/or disseminated in an effort to anticipate, prevent, or monitor criminal activity. Reasonable Suspicion - is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. Strategic Intelligence - Information concerning existing patterns or emerging trends of criminal activity designed to assist in criminal apprehension and crime control strategies, for both shod and long - term investigative goals. Tactical Intelligence - Information regarding a specific criminal event that~be~sed-¥2 immediately by operational units to further a criminal investigation, ~_H. an ta~ical:~ operations and provide for officer safety. IV PROCEDURES ---'- ' -- While the collection of intelligence is necessary to successfully combat criminal act~ity, the collection of this type of information must conform to federal, state and local requirements. The collection of intelligence data is only permitted to fulfill a criminal investigation purpose and intelligence data shall be purged from the system when it no longer serves a useful purpose. Access to intelligence files shall be limited to the Chief of Police or designee, Commander of Field Operations, Commander of the Investigative Section and others as determined by the Commander of the Investigative Section on a case by case basis. Personnel submitting information to the intelligence system will be allowed access to the file associated with the information as needed. The commander of the Investigative Section is responsible for the evaluation, housing, maintenance, security, and dissemination/re-dissemination of strategic intelligence information. Only those personnel specifically mentioned above will have direct access to strategic intelligence files. Any officer or outside agency requesting intelligence information from the system shall direct their request to the Commander of the Investigative Section. The inclusion of information obtained from organizations, i.e. LEIN, or through participation in multi-jurisdictional task force shall comply with these requirements. The Commander of Investigations in consultation with the Chief of Police or designee will determine the need for gathering criminal intelligence and the means by which this information will be obtained. Personnel used in obtaining intelligence information will be familiar with the techniques and devices to be used for the collection of intelligence. FOCUS OF STRATEGIC INTELLIGENCE ACTIVITIER Members of the Iowa City Police Department shall only collect strategic intelligence information concerning an individual where there is "reasonable suspicion" that the INV-03.3 individual is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity. The collection of Strategic Criminal Intelligence shall be for the purpose of suppressing criminal activity in the Iowa City area. The types of incidents for which intelligence information may be obtained include, but are not limited to: 1. Narcotics manufacturing and/or trafficking; 2. Unlawful gambling; 3. Extortion; 4. Vice and pornography; 5. Infiltration of businesses for illegitimate purposes; 6. Bribery; 7. Major crime including homicide, burglary, auto theft, kidnapping, destruction of property, robbery, fraud, forgery, fencing of stolen property and arson; 8. Manufacture, use, or possession of explosive devices for fraud, intimidation or political reasons; 9. Organized crime; 10. Corruption of pubic officials; 11 .Threats to public officials and private citizens; 12. Traveling criminals; 13. Other designated multi-jurisdictional activities. SUBMISSION OF INFORMATION Information submitted for inclusion in strategic intelligence files shall clearly identify the focus of the investigation. This shall include but not be limited to as many of the following identifiers that are available: 1. Full name; 2. Date of Birth; 3. Address; 4. Aliases; 5. Social Security number; 6. Drivers License number; 7. Physical Description; (height, weight, eye and hair color) __ 8. Place of birth; '~"~ 9. Citizenship (if alien, Identification Number) ~:; 10. Distinguishing scars, marks, or tattoos; .:_-~ - 11. Violence potential; -~· ~.-" o-~ . 12. Criminal identification number; ':-' 13. Criminal associates; '~'i;~ ~'~ 14. Modus Operandi. ~ The collection of strategic intelligence information about the political, religious, or social views, associations, or activities of any individual or any group, association, corporation, business, partnership, or other organization, is prohibited unless such information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity. INV-03.4 Submitted information shall include: 1. Date of submittal; 2. Name of submitting officer; 3. Name of submitting agency/organization. EVALUATION OF INFORMATION Prior to entry in to the strategic intelligence system, the Comma~r of r~e Investigative Section shall evaluate the information. The evaluation shall include the reliability of the source of the information and the strength/validity of the information. Only information whose reliability and validity had been evaluated will be entered in the system. I.e. if reliability is unknown and the validity cannot be judged, it will not go in the system, as it would not meet the reasonable suspicion standard. Reliability shall be evaluated as follows: 1. Reliable - the reliability of the source is unquestioned or has been well tested in the past. 2. Usually reliable - the reliability of the source can usually be relied upon. 3. Unreliable - the reliability of the source has been sporadic in the past. 4. Unknown - the reliability of the source cannot be judged; authenticity or trustworthiness has not yet been determined by either experience or investigation. Validity shall be evaluated as follows: 1. Confirmed - the information has been corroborated by an investigator or another reliable independent source. 2. Probable - the information is consistent with past accounts. 3. Doubtful o the information is inconsistent with past accounts. 4. Cannot be judged - the information cannot be judged. Its authenticity has not yet been determined by either experience or investigation. DISSEMINATION/RE-DISSEMINATION OF INFORMATION Request for information from strategic intelligence files shall be directed to the commander of the investigative section. The request shall contain the name of the person requesting the information, the date, time and purpose of the request. In addition the request should identify specific identifying information on the person for whom the information is being requested. The Chief of Police or designee, Commander of Field Operations or Commander of Investigations may distribute information contained in intelligence files to members of the Iowa City Police Department or other law enforcement agencies. Information disseminated from intelligence files shall be designated as such. Members of this department are prohibited from forwarding or re-disseminating information from intelligence files to persons outside the Iowa City Police INV-03.5 Department without the express permission of the Chief of Police or designee, or Commander of Field Operations, or Commander of Investigations. When information from strategic intelligence files is disseminated, the Commander of Investigations shall record the following information within the file: 1. The date of dissemination of the information; 2. The name of the individual requesting the information; 3. The name of the agency/organization requesting the information; 4. The reason for the release of information; (need to know/right to know) 5. The information provided to the requester; 6. The name of the person disseminating the information. 7. The submission of intelligence information to regional or national criminal intelligence databases shall be in conformance with 28 CFR. REVIEW AND PURGING PROCEDURES Review and purging of intelligence information should be an ongoing process. The maximum retention period for intelligence information is five (5) years. If the information has not been updated and/or validated, within the past 5 years, the information shall be purged from the intelligence files. IF information has been updated within the past five years, the file may be retained for a period of five (5) years from the most recent entry. Material purged from intelligence files shall be thoroughly deleted from any electronic storage devices and/or hard copies shall be shredded or otherwise made unusable. A record of the purge may be maintained containing the date and reason of the purge, as well as the name of the person completing the purge. The Chief of Police or designee may periodically inspect the intelligence file system to ensure that safeguards and requirements are being met. R.'J: Winkelhake, Chief of Police I W ARNING This directive is for departmental use only and does not apply in any cri~ or?vii I iproceeding. The department policy should not be construed as a creatior~o{/a hi~her~'~ legal standard of safety or care n an evdentiary sense with respect t~'third-~rty~~ claims. Violations of this directive will only form the basis for d~-~rtme~tall-7? administrative sanctions. ~ ~: I~. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT December 2004 OFFICER DATE INC # INCIDENT FORCE USED 27 120204 04-66342 Armed Subject Officer assisted DPS with a felony traffic stop and observed handgun on backseat of vehicle. Officer drew sidearm for cover. Driver taken into custody with no problems. 60 120204 04-66358 Injured Animal Officer used sidearm to dispatch an injured deer that ~vas struck by a vehicle 16 120404 04-66793 Injured Animal Officer used sidearm to dispatch an injured raccoon. 19 120404 04-66797 Fight Officer used hands on tectmique and active countermeasures to prevent subject from assaulting another. 19 120404 04-66797 Fight Officer used hands on technique to keep subject that had been placed under arrest in a seated position when this subject attempted to stand up and kick at the desk of medical personnel. 19 120404 04-66797 Fight Officer used hands on technique and directed subject to the ground after subject attempted to assault Officer. 19 120504 04-55797 Fight Officer used hands on technique to assist jail staff in putting subject into a jail cell. 13 120504 04-66833 Fight Subject had been arrested and taken to hospital for a previous chemical exposure. Officer took subject's cuffs offfor treatment. Subject then became assaultive and was directed to the ground to be cuffed. 19 120504 4-66833 Fight Subject was in a physical altercation with another. Subject was told to place hands behind back for arrest and t,~:~ refused. Subject was then directed to -: :; the ground and continued to resist " ~ :i' !:!i cuffing. Subject was exposed to ; ~ , ' chemical irritant which enabled him to be cuffed. 19 120504 04-66833 Fight Subject was in a physical altercation with another and placed under arrest. Subject refused to place hands behind back for cuffing and was directed against a building. Officer was then able to cuff subject. 19 120604 04-67090 Trespass Officer drew sidearm during search of a residence where it was believed an intruder had entered. No one was located in the search. 56 120904 04-67608 Injured Deer Officer used sidearm to dispatch a deer that was injured in a motor vehicle collision. 52 120904 04-67502 Injured Deer Officer used sideaim to dispatch an injured/ill deer. Unknown source of injury/illness. 22 121204 04-68133 Injured Animal Officer used sidearm to dispatch sick raccoon. 19 121304 04-68351 Arrest Subject was stopped by Officers for having a possible arrest warrant. Subject assaulted Officer and ran when found in possession of an illegal controlled substance. Subject ran into a closed area and faced Officer in a threatening manner. Officer drew sidearm and gave verbal directives for subject to go to ground. Subject complied with verbal instructions of Officer to get on ground for cuffing when Officer presented canister of chemical irritant. 19 121404 04-68497 Disorderly Conduct Subject had been placed under arrest and was being searched for weapons. While being searched for weapons subject attempted to turn towards Officers. Officers used a hands on technique to control subject while the search for weapons was finished. No weapons were located. -- 90 ~:i~!: 121604 04-68719 Injured Deer Officer used sidearm to dispatch a deer .... i :%~ injured in a motor vehicle collision. 55.51 121804 04-69117 Suspicious Activity Subjects were stopped for suspicious activity. One subject attempted to turn away from Officers while reaching for his waistband. Officers searched this subject and found a loaded handgun in his waistband. Officers drew sidearms when the handgun was located and ordered subjects to the ground. Subject with gun was taken into custody without incident. 23 122804 04-70313 Assault Subject displayed knife and came towards Officers. Officer drew sidearm and gave verbal instructions to subject. Subject complied and was taken into custody without incident. 23 122804 04-70313 Assault Subject was assaulting another. Officer instructed subject to move away from the victim. Subject did not comply. Officer used hands on technique to direct subject away from victim. 05 122804 04-70384 Assault Subject displayed knife, made threatening comments, and came towards Officer. Officer drew sidearm and gave verbal instructions to subject. Subject complied and was taken into custody without incident. 16 122904 04-70535 Injured Deer Officer used sidearm to dispatch a deer that had been injured in a motor vehicle collision. 25 122904 04-70540 Harassment Subject had been arrested, cuffed, and put in the back of a squad car. Subject began to kick the windows of the squad car. Officer used hands on technique to remove subject from the squad car and direct them to the ground. 16 122904 04-70544 Trespass Subject was placed under arrest and refused to be cuffed. Officer used hands on technique to cuff subject and c~ ~ : ~: escort him to a squad car for 2L transportation. C~: Cit~'Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library February 8, 2005 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #04-02 Filed: 07/08/04 Chief's Report due: 10/06/04 Extension Request: 12/06/04 Add'l Ext Request: 01/07/05 Chief's Report filed: 01/07/05 PCRB Report due: 02/22/05 PCRB Complaint #04-03 Filed: 11/08/04 Chief's Report due: 02/07/05 Chief's Report filed: 02/01/05 PCRB Report due: 03/18/05 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS Janaury 2005 Date Description 1/13/05 Man called for form; mailed. 1/19/05 Man called with procedure questions; also referred him to Chair for other questions.