HomeMy WebLinkAbout05-10-2005 Police Citizens Review Board AGENDA
POLICE CITIZENS REVIEW BOARD
May 10, 2005-7:00 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 03/08/05
· ICPD General Order #91-05 (Investigative Task Force)
· ICPD General Order #92-01 (Infectious Disease Control)
· ICPD General Order #99-02 (Alarm - Open Door Response)
· ICPD General Order #99-03 (Prisoner Transport)
· ICPD Use of Force Report- February 2005
· ICPD Use of Force Report- March 2005
· ICPD Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2005
· ICPD Department Memo 05-10
ITEM NO, 3 OLD BUSINESS
ITEM NO. 4 NEW BUSINESS
· PCRB Draft of Annual Report
· Timeliness of Complaint #05-01
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 14, 2005, 7:00 P.M., Lobby Conference Room
· July 12, 2005, 7:00 P.M., Lobby Conference Room
· August 9, 2005, 7:00 P.M., Lobby Conference Room
· September 13, 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: May 6, 2005
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on May 10, 2005
Enclosed please find the following documents for your review and comment at the next board
meeting:
· Minutes of the meeting on 03/08/05
· ICPD General Order #91-05 (Investigative Task Force)
· ICPD General Order#92-01 (Infectious Disease Control)
· ICPD General Order #99-02 (Alarm - Open Door Response)
· ICPD General Order #99-03 (Prisoner Transport)
· ICPD Use of Force Report- February 2005
· ICPD Use of Force Report- March 2005
· ICPD Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2005
· ICPD Department Memo 05-10
· PCRB Complaint Deadlines
· PCRB Office Contacts- March 2005
· PCRB Office Contacts- April 2005
· Letter from Carol deProsse
· Draft #1 of Annual Report
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
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - March 8, 2005
CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Candy Barnhill, Beth Engel, Loren Horton, Greg Roth and Roger Williams
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh (7:08) and Staff Kellie Tuttle
OTHERS PRESENT: Captain Tom Widmer from the ICPD.
Horton congratulated the Police Department on getting a new dog and asked about the
pronunciation of the name and the breed of dog. Widmer said the dog's name was
Naton and that he is a Belgian Malinois.
RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #04-02
(2) Accept PCRB Report on Complaint #04-03
CONSENT
CALENDAR Motion by Barnhill, seconded by Engel, to adopt the consent calendar as amended.
· Minutes of the meeting on 02/08/05
· ICPD General Order #01-01 (Racial Profiling)
· ICPD General Order #01-05 (Officer Involved Shootings/Lethal Incident
Investigations)
· ICPD Department Memo #05-03
· ICPD Use of Force Report- January 2005
Motion carried, 5/0.
OLD BUSINESS Policy/Procedure for extension requests - Barnhill wanted to continue discussion
regarding the timeline of extension requests. One option would be to call a special
meeting to address the extension request if a regular meeting is not scheduled. Pugh
stated that there were two sides to the situation. One problem is not getting the
extension request in time to make a decision at a regular meeting. The Board could give
some 7, 5, or 3-day notice before a deadline so they can meet and act, but to keep in
mind that the Board could be subject to the same requirements for their extension
requests to Council. There would be no requirement to change anything if the Board
chose to call special meetings to deal with the requests, the Board could just agree upon
it. Barnhill made a motion to discuss a policy/procedure that would be specific and part
of the Standard Operating Proceedures, no second was made. Horton agreed to
consider a motion to adopt a policy that a special meeting be called when an extension
request from the Chief is received and there is no regular meeting scheduled before the
deadline. Engel moved the motion and Barnhill seconded. Motion carried, 5/0.
NEW BUSINESS None.
PUBLIC
DISCUSSION Widmer will relay to the Chief the imposition it puts on the Board when an extension
request is received with little or no notice before the deadline date. And will also relay
the importance of meeting deadlines and being timely with requests.
PCRB - Page 2 DRAFT
March 8, 2005
BOARD
INFORMATION Barnhill asked Widmer to go back to the discussion of the February 8th meeting when
she asked him about the Iowa Code and what an officer must do during the course of an
arrest. If the Iowa Code stipulates during the course of arrest that the reason for the
arrest must be given, does each municipality base all of it's criteria on the Iowa Code
and then can it also make it's own departmental policies more stringent? Widmer
agreed that each department must follow Iowa Code but can also make it's own
departmental policies more restrictive, but never less. Barnhill also asked Widmer to
interpret Iowa Code (804.14 Manner of making arrest/which states "The person making
the arrest must inform the person to be arrested of the intention to arrest the person, the
reason for arrest, and that the person making the arrest is a peace officer, if such be the
case, and require the person being arrested to submit to the person's custody, except
when the person to be arrested is actually engaged in the commission of or attempt to
commit an offense, or escapes, so that there is no time or opportunity to do so." Widmer
deferred to Pugh and said that she could do a better job articulating what the Iowa Code
says. If it was policy and procedure and what the Code says on how they operate in
Iowa City he would be able to answer those questions, but if it's dealing with the letter of
the law and what the Iowa Code says and what the City would ultimately be governed by
he thought Pugh would be able to answer those questions just as well. Pugh then stated
that it is ultimately up to the Board on whether they agree the law was followed and that
Captain Widmer can only say what is expected of the officers and the department.
Barnhill then asked Widmer if an individual is placed under arrest and they ask why
they've been placed under arrest, is it the Iowa City Police Departments policy to try if
the situation allows to tell the person? Widmer replied that under normal circumstances
he couldn't imagine that an officer would not tell that person. What happens many times
is that they tell the person and for some reason the person doesn't hear the officer, and
they ask again and later on claim that they weren't told and maybe for whatever reason
the officer gets tired of talking to the person and doesn't say anything. Widmer said that
he could not imagine that an officer would arrest someone and not tell them what they
were being arrested for, that it is a natural course of events for an officer. Also the
person being arrested receives papers stating what they are being arrested for.
Horton mentioned that two Board members terms end in September of this year, Roth
and Williams. He would like to see them reapply and wondered when the vacancies
would be announced. Tuttle stated that the announcement would probably be made in
June or July depending on the Council summer schedule.
STAFF
INFORMATION Tuttle informed the Board that there were a couple of students working together doing a
paper on the Board. Horton said that one of them had contacted him and they were
supposed to be setting up a meeting sometime so he could answer some questions.
Widmer added one more thing in case the Board hadn't heard. Chief Winkelhake has
announced his retirement effective July 1, 2005.
EXECUTIVE
SESSION Motion by Roth, 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
PCRB - Page 3 DR,4FT
March 8, 2005
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.
Motion carried, 5/0. Open session adjourned at 7:45 p.m.
REGULAR
SESSION Returned to open session at 8:46 p.m.
Motion by Roth, seconded by Engel, to approve the Public Report as amended for
PCRB Complaint #04-02 and forward to City Council.
Motion carried, 4/1, Barnhill voting no.
Motion by Roth, seconded by Williams, to approve the Public Report as amended for
PCRB Complaint #04-03 and forward to City Council.
Motion carried, 5/0.
MEETING SCHEDULE
· April 12, 2005, 7:00 p.m., Lobby Conference Room (MEETING CANCELLED)
· May 10, 2005, 7:00 p.m., Lobby Conference Room
· June 14, 2005, 7:00 p.m., Lobby Conference Room
· July 12, 2005, 7:00 p.m., Lobby Conference Room
Motion by Engel, seconded by Barnhill to cancel the April meeting. Motion carried, 5/0.
Horton informed the Board that they should be starting to look at the annual report in
either May or June. Tuttle said that she would put a draft in the May packet.
ADJOURNMENT Motion by Roth, seconded by Engel, to adjourn. Motion carried, 5/0. Meeting adjourned
at 8:50 p.m.
OPS-04.1
INVESTIGATIVE
TASK FORCE
Date of Issue General Order Number
OCTOBER 01, 1991 91-05
Effective Date Section Code
OCTOBER 02, 1991 OPS-04
IReevaluation Date Amends / Cancels
April 2008 4/05
C.A.L.E.A. I Reference
INDEX A S
Criteria'for Investigative Task Force
Investigative Task Force
Outside Agency Requests - Investigative Task Force Members
Procedures for Investigative Task Force
PURPOSE
The purpose of this Order is to establish the policies and procedures for the
creation and operation of ~nvestigative task forces consisting of law enforcement
officers from Iowa City and/or outside law enforcement agencies.
This Order consists of the following numbered sections:
II. Procedures for the Investigative Task Force
III. Outside Agency Requests for Task Force Participation
IV. Notification Procedure
V. Effective Date
OPS-04.2
II. PROCEDURES FOR THE INVESTIGATIVE TASK FORCE
A. Criteria for Establishinq an Investi.qative Task Force
1. Surveillance (stake out situations)
2. Mass arrests and/or potentially dangerous arrests
3. Large scale and/or potentially dangerous search warrant situations
4. Major case investigation such as homicide, burglaries, armed
robbery, sexual assault, etc.
5. Missing child case
6. Investigation of multi-jurisdictional criminal activity
7. Other situations requiring the coordinative efforts of investigators and
patrol officers from their jurisdictions.
B. Task Force Command
1. The Investigations Commander will be in command of any task force
that is established within the City of Iowa City. This command
authority will include personnel from other law enforcement agencies
assisting in the operation.
2. The Investigations Commander will hold a general briefing for all
parties involved in the operation. The briefing shall focus upon the
following:
a] purpose of investigative task force
b] identification of target, subjects, vehicle and/or victim' :.-~_
c] assignment of task force personnel -
d] plan of action
e] contingency plans.
C. Staffin.q of Task Force
Whenever possible, the Investigative Task Force will be staffed fr.'~ the
roster of the Iowa City Police Department and any other agency that has a
direct interest in the operation. Other law enforcement agencies may be
polled for personnel, as the need arises.
OPS-04.3
D. Task Force Debriefing
When the operation is completed, every attempt will be made to assemble
all parties at a designated place for a debriefing of the operation. All
positive and negative aspects of the operation will be discussed to enhance
future operations.
III. OUTSIDE AGENCY REQUESTS FOR TASK FORCE
PARTICIPATION
A. The Investigations Commander and/or Commander, Field Operations, must
approve the assignment of officers to participate in a task force operation
controlled by an outside law enforcement agency.
B. When assigned to an outside task force, the Iowa City officer(s) will follow
the orders of the Commander or officer in charge of that task force
operation.
C. If members of the Iowa City Police Department are involved in a task force
operation involving outside agencies and that operation culminates in an
arrest within the jurisdiction of the City of Iowa City, the Iowa City officers
Will transport, book, and process the arrest. The only exceptions will be if:
1. a federal or state agency is coordinatirig the operation
2. a local agency is serving arrest or search warrant which originated
from their jurisdiction.
IV. NOTIFICATION PROCEDURES
A. The Investigations Commander and/or Commander, Field Operations, will
be responsible for notifying the Chief of Police of the creation of an
investigative task force and for regular briefings on the status of the
investigation.
R. J. Winkelhake, Chief of Police?
ADM-05.1
INFECTIOUS
DISEASE
CONTROL
Date of Issue General Order Number
MAY 08, 1992 92-01
Effective Date Section Code
MAY 08, 1992 ADM-05
IReevaluati°nDateAPril 2008 4/05 Amends/Cancels
IC.A.L.E.A. Reference
INDEX A S:
Acquired Immune Deficiency Syndrome (AIDS)
Hepatitis B Virus (HBV)
Human Immunodeficiency Virus (HIV)
Infectious Disease
Infectious Disease Exposure
PURPOSE:
The purpose of this directive is to establish uniform guidelines for the handling of
situations which pose an infectious disease exposure risk to humans, and
specifically to police officers.
This order consists of the following numbered sections:
I. Introduction
II. Policy
III. Definitions
IV. Procedure
V. Personal Protective Equipment
VI. Disinfection, Decontamination, and Disposal .... ,
VII. Handling of Persons and Employee Conduct
VIII. Employee Management
ADM-05.2
I. INTRODUCTION
Federal agencies such as the Occupational Safety and Health Administration
(OSHA) and the Centers for Disease Control (CDC), as well as the general public,
have become increasingly aware of infection control in the past five to ten years.
Much of the awareness has been the result of the increasing number of serious
illnesses and deaths that have occurred each year. Many of the deaths have
been the result of exposure to serious infectious diseases.
The Hepatitis A/B Viruses (HAV / HBV) have long been recognized as ~being
capable of causing illness and/or death. Similarly, Human ImmbrJod~fi¢i-(~ncy
Virus (HIV), also referred to as Acquired Immune Deficiency Syndrome;(AIDS), is
known to cause the same effect on the human body. . ,~
Research has demonstrated that when proper barrier techniques are utilized
transmission of HBV and HIV can be prevented. Since law enforcem, en~.:0ffic,.~rs
work in environments that provide inherently unpredictable risks of~--~xpos ~u~,~,
general infection-control procedures must be adapted to the work s~tuat~ons.
Personal protection measures must be exercised in all situations that have a
likelihood of exposure to infectious diseasesl
I. POLICY
It is the policy of the Police Department to provide methods and equipment sufficient to protect its
employees from exposure to infectious diseases that cause or are likely to cause death or serous
physical harm Tl~e Department shall maintain a safe working envi~:onment for all employees.
Adequate training, personal protective equipment, medical precautions, and records shall be
available to all employees.
II1. DEFINITIONS
OSHA Rule 29 CFR 1910-1030; Exposure Control Plan for Bloodborne Pathogens
Term Definition
Blood Human blood, human blood components and products
made from human blood.
Bloodborne Pathogens Pathogenic microorganisms that are present in human
blood and can cause disease in humans. These
pathogens include, but are not limited to, Hepatitis B
Virus (HBV) and Human Immunodeficiency Virus (HIV).
Body Fluids Fluids that have been recognized by CDC as directly
linked to the transmission of HIV and/or HAV / HBV
and/or to which universal precautions apply; blood,
semen, blood products, vaginal secretions,
cerebrospinal fluid, synovial fluid, pleural fluid,
peritoneal fluid, pericardial fluid, amniotic fluid, and
concentrated HIV or HAV / HBV viruses.
ADM-05.3
Contaminated The presence or the reasonably anticipated presence
of blood or other potentially infectious materials on an
item or surface.
Contaminated Laundry Laundry which is wet with blood or other potentially
infectious materials and presents a reasonable
likelihood of soakthrough or leakage from the bag or
container; laundry which may contain sharps.
Contaminated Sharps Any contaminated object that can penetrate the skin
including, but not limited to, needles, scalpels, broken
glass, broken capillary tubes, and exposed ends of
dental wires.
Decontamination The use of physical or chemical 'means to remove,
inactivate, or destroy bloodborne pathogens on a
surface or item.
Disinfect To inactivate virtually all recognized pathogenic
microorganisms, but not necessarily all microbial forms
(e.g., bacterial endospores) on inanimate objects.
Engineering Controls Controls that isolate or remove the hazard from the
workplace.
Exposure Incident A specific eye, mouth, other mucous membrane, non-
intact skin, or parenteral contact with blood or other
potentially infectious materials that results from the
performance of an employee's duties.
Occupational Exposure Reasonably anticipated skin, eye, mucous membrane,
or parenteral contact with blood or other potentially
infectious materials that may result from the
performance of an employee's duties. This definition
excludes incidental exposure that may tak~e place; on
the job, and that are neither reaSonably
expected and that the worker is not required to incq¢ in
the normal course of employment.
Other Potentially
Infectious Materials (1) The following body fluids: Sem~.'(/agi~al
secretions, cerebrospinal fluid, synovial fl~, pleu~al
fluid, pericardial fluid, peritoneal fluid, amniotic fluid,
saliva in dental procedures, and any body fluid that is
visibly contaminated with blood;
(2) Any unfixed tissue or organ (other than intact skin)
from a human (living or dead); and
ADM-05.4
(3) HIV - or HAV / HBV - containing cell or tissue
cultures, organ cultures, and culture medium or other
solutions; and blood, organs or other tissues from
experimental animals infected with HIV or HAV / HBV.
Parenteral Piercing mucous membranes or the skin barrier
through needlesticks, human bites, cuts, abrasions,
etc.
Personal Protective
Equipment(PPE) Specialized clothing or equipment worn by an
employee for protection against a hazard.
Source Individual Any individual, living or dead, whose blood, body fluids,
tissues, or organs may be a source of exposure to the
employee. Examples include, but are not limited to,
hospital and clinic patients; clients in institutions for the
mentally, retarded; trauma victims; clients of drug and
alcohol treatment facilities; residents of hospices and
nursing homes; human remains prior to embalming;
and individuals who donate or sell blood or blood
components.
Sterilize The use of a physical or chemical procedure to destroy
all microbial life, including highly resistant bacterial
endospores.
Universal Precautions The term "universal precautions" refers to a system of
infectious disease control which assumes that every
direct contact with body fluids is infectious and requires
every employee .exposed to direct contact with body
fluids to be protected as though such body fluids were
HAV / HBV or HIV infected. Therefore, universal
precautions are intended to prevent health care
workers from parenteral, mucous membrane and non-
intact skin exposure to bloodborne pathogens.
Work PracticeControls Controls that reduce the likelihood of e~p.o, sure!.by
altering the manner in which a task is performed. .~
IV PROCEDURE ~-
A. Modes and Risk of Infectious Disease Transmission ~-; ,~
Hepatitis A/B Viruses (HAV / HBV) and Human Immunodeficiency Virus
(HIV) are considered infectious diseases by all health and medical
resources. Both have been transmitted in occupational settings only by
contact with open wounds, chapped or weeping skin, or mucous
ADM-05.5
membranes to blood, blood-contaminated body fluids, or concentrated
virus. There is no evidence that HBV or HIV is spread through the air,
through food, or through routine, casual contact.
Although blood is the single most important soume of HIV and HAV / HBV,
police officers are often in adverse situations that make differentiation
between body fluids difficult. For example, poor lighting may limit the ability
to distinguish blood from other body fluids. Therefore, all body fluids shall
be treated as potentially hazardous under uncontrolled, emergency
circumstances in which differentiation between body fluids is difficult.
Additionally, all persons should be assumed to be infectious with HIV
and/or HBV.
The risk of exposure to infectious diseases can be minimized by the use of
personal protection devices when circumstances dictate. Protection can be
achieved through the use of equipment such as gloves, masks, and special
clothing designed to provide a barrier between the employee and a risk
source. The use of such equipment is often referred to as universal
precautions. Police officers must always be aware of potential exposure
risk situations and do as much as possible to reduce the risk.
1. Cardiopulmonary Resuscitation (CPR)
Police personnel should be concerned with the possible HIV and
HAV / HBV exposure through CPR administration. Therefore, gloves
and a protective resuscitation mask ("pocket mask") with a one,way
valve must always be used when administering CPR.~After ~bh a
situation is completed, personnel and equipment must I~ ...cleaned.
2. Fights and Assaults
Fights and assaults can place an officer in a situation ~fo'r potb~ial
exposure from a wide range of causes such as huma.~r~t)Ees--and
attacks with sharp objects. Such instances may occur d~ing ar--r, est,
routine interrogations, domestic disputes, and booking operations.
Hands on contact may result in the presence of body fluids and thus
a chance of exposure.
Extreme caution must be used in dealing with a suspect or prisoner
with assaultive or combative behavior. When blood is present and a
suspect displays combative or threatening behavior, an officer must
attempt to put on gloves as soon as conditions permit. Should the
clothing of an officer become exposed, it should be changed as soon
as possible.
Suspects and prisoners may spit or throw body fluids onto an officer
during street contact or booking procedures. Any fluids or materials
should be removed with a disposable towel after donning gloves, and
the area then decontaminated with appropriate cleaning materials.
ADM-05.6
Following clean-up, soiled towels and gloves should be disposed of
in a proper manner.
3. Human Bites
Should an employee be bitten by anyone, the employee, shall'O,btain
routine medical attention as soon as possible to preVe~-:,infection;
Appropriate documentation of the incident must be completed;and
should include employee injury reports for permanent retention i~the
emploYee's personnel file.
4. Searches and Evidence Handling
During searches and evidence handling, exposure to HIV and HAV /
HBV may be possible. Injuries such as puncture wounds, needle
sticks, or cuts pose a hazard dudng evidence handling and during
searches of persons, vehicles, and places.
The following precautions can help .reduce the risk of infection during
search situations:
a) Caution must be' used when searching prisonedsuspects'
clothing. Discretion should be used to determine if an
employee should search a prisonedsuspect's clothing or if the
prisonedsuspect should empty his or her own pockets.
b) A safe distance should always be maintained between an
officer and a suspect.
c) An employee should wear protective gloves if exposure to
body fluids is likely to be encountered.
d) If cotton gloves are to be worn for evidence handling, they
should be worn over protective, disposable gloves when
exposure to body fluids may occur.
e) A flashlight should be used when searching areas in which
the available light does not permit adequate vision.
f) Containers such as purses and bags should be searched by
turning the container up-side-down to empty the contents.
Small compartments must not be searched by the finger or
hand-probe method.
g) Puncture-proof containers should be used to store any sharp
objects that may be contaminated with body fluids.
h) Caution must be used when staples are used to seal
evidence so as not to tear gloves or puncture skin.
ADM-05.7
i) Wet or damp items of evidence should be air-dried prior to
placement in any air-tight containers.
j) When practical and appropriate, puncture resistant gloves
should be wom anytime a search of a person, vehicle or place
is conducted.
All officers, and particularly those involved with identification and
crime scene processing, must be alert for the presence of sharp
objects such as hypodermic needles, knives, razors, broken glass,
nails, or other sharp objects. Sharp objects should not be handled
with unprotected, bare hands but rather by mechanical means, such
as forceps or tongs.
Contaminated evidence shall not be transported, handled, nor stored
with or near any food items. An employee who has had contact with
or has been near contaminated items must not smoke or consume
food until after a thorough hand washing.
5. Deceased Persons and Body Removal
Officers should wear gloves and cover all cuts and abrasions before
touching a deceased person or removing a body. Precautions
should also be used when handling amputated limbs or other body
parts. Safeguards should be followed for contact with the blood of
anyone, regardless of whether the person is known or suspected to
be infected with HIV or HAV / HBV.
6. Autopsies
Protective masks and eyewear or face shields, laboratory coats,
gloves, and waterproof aprons should be worn when attending an
autopsy. All autopsy material should be considered infected with
HIV and HAV / HBV. Should police equipment come in contact with
body fluids or a contaminated surface, it must be thoroughly cleared
with appropriate chemical germicide. - .....
7. Crashes With Injury
When responding to a vehicular collision or other type ~;accid~tt
where injuries are present, protective gloves should be worn if body
fluids are likely to be encountered. Additional protective equipment
should be worn if body fluids are extensive.
ADM-05.8
V. PERSONAL PROTECTIVE EQUIPMENT
Appropriate personal protective equipment should be used at any time there is a
risk of exposure. For many situations, the chance that an employee will be
exposed to blood and other body fluids can be determined in advance. Therefore,
if the chance of exposure to body fluids is high, the employee should put on
protective equipment before dealing with the situation. Although several types of
equipment are recommended for protection, those commonly used may not be all
that is available.
A. Gloves
Gloves should be used in all situations in which exposure to body fluids
could occur. Extra pairs of gloves should always be available in case of
damage. Consideration in the choice of gloves should include dexterity,
durability, fit, and the task being performed. Thus, there is no single type of
thickness or glove style that is appropriate for all situations.
Thin latex gloves may be the preference of patrol officers due to the ease of
storage and transportation. These gloves may tear easily when used due to
the thin design. Therefore, extra pairs should be available. In known
hazardous situations, double-gloving is recommended. No gloves shall be
used if they are peeling, cracked, discolored, punctured, torn, or have
evidence of deterioration.
Specially designed puncture-resistant gloves are issued to all officers and
should be used whenever an officer is handling Or searching an area where
there is a chance of cuts or punctures occurring.
Heavy, rubber-type gloves may be the preference in situations where the
gloves can be easily obtained. This type of situation may occur during
crime scene processing. These gloves may be reused if cleaned after each
use with appropriate cleaning methods.
Gloves should be carried by each patrol officer and be available for
incidents where exposure could occur. Similarly, gloves shouldb, e ava!l~ble
at the police station for use during booking procedures ~d,d_priSO~er
handling.
B. Masks, Eyewear, and Gowns
Masks, eyewear, ar)d gowns shall be available in all patrol vexes ar~
the police complex. These protective barriers should be used i~?conjun~tion
with gloves when there is a situation where splashes of blood or other 1Cody
fluids could occur. All protective equipment shall be made of materials that
are fluid-proof or fluid-resistant and shall protect all areas of exposed skin.
Should splashes or exposure occur when masks and gowns are not worn
and clothing becomes contaminated, the clothing should be removed as
soon as possible. Employees shall be permitted work time in which to
ADM-05.9
change clothing. If at all possible, the clothing should be changed at the
police station to avoid the contamination of an employee's residence.
Contaminated clothing should be bagged for laundering.
VI. DISINFECTION, DECONTAMINATION, AND DISPOSAL:
A. Cleansinq and Decontamination of Body Fluids Spills
All spills and splashes of body fluids should be promptly cleaned using an
approved germicide. Visible materials should first be removed with
disposable towels or other appropriate means that will ensure against direct
contact with body fluids. Gloves shall be worn during cleaning operations
and additional protective clothing shall be worn if splashing is anticipated.
Following any cleaning, employees shall wash hands and any other body
surface that may have been contaminated during cleaning.
The Department shall ensure that a supply of materials and germicides
suitable for the cleaning of HIV and HAV / HBV contamination are available
at all times. Cleaning equipment should be used in accordance with the
manufacturers' recommendations. PlaStiC bags should be available for
removal of contaminated items from a contaminated area. All contaminated
items and cleaninq equipment shall either be appropriately cleaned or
disposed in a desiqnated container at the police complex.
1. Hand Washing
Hands and other skin surfaces should be washed immediately and
thoroughly if exposed or contaminated with body fluids. Hands
should always be washed after gloves are removed, even if the
gloves appear to be intact. Hands, and any other exposed skin
surface, should be washed with warm water and soap. Waterless
antiseptic hand cleanser should be. available to all officers for use
when hand-washing facilities are not available. No food substances
may be consumed following exposure to body fluids_~until ~fter
thorough hand washing has been completed. '-~
2. Laundry
Although contaminated clothing has a negligible risk
transmission, employees shall treat all contaminated laundry with .~.~11
uniVersal precautions. Clothing that has received spills or splash'~s
shall be removed as quickly after the exposure as possible. If
possible, the clothing removal should be done at the Police
Department so as not to contaminate an employee's residence. All
sworn officers shall have an additional full uniform available in their
locker.
Clothing which has been contaminated with body fluids may be
bagged and transported for laundering at the expense of the
ADM-05.10
department. Although normal laundry cycles and detergent used to
the manufacturers' recommendations are satisfactory for the
cleaning of contaminated clothing, no employee shall be required to
launder contaminated clothing if he or she does not wish. The
employee is responsible to ensure his or her supervisor is aware of
the need for laundry service. The supervisor shall ensure
arrangements are made for the laundry service of the contaminated
clothing.
3. Decontamination and Cleaning of Protective Equipment
Reusable protective equipment and interiors of police vehicles
contaminated with body fluids shall be cleaned as soon as possible
after exposure. If equipment is contaminated at locations other than
the police station, the equipment should be transported to the Police
Department in bags. Cleaning germicides shall be available at the
Police Department and should be used in accordance with the
manufacturers' recommendations. Employees involved with
equipment cleaning shall wear gloves during the process and
additional protection if necessary.
4. Contaminated Objects Disposal
Disposal of contaminated clothing, protective equipment, and all
other objects of concern shall be done by placement in a designated
container at the Police Department. A designated container shall be
available at all times and shall be emptied, by only propedy
authorized persons. The Police Department will arrange for disposal
of contaminated waste by persons or outside agencies properly
trained and certified to do so.
5. Contaminated/Infective Waste
All contaminated materials shall be placed only in an appropriate
Container for disposal at the Police Depadment ......
VII. HANDLING OF PERSONS AND EMPLOYEE CONDUCT:
A. Equal and Nondiscriminatory Treatment ~
Courtesy and civility toward the public are demanded at all times '-61' all
department employees, and any conduct to the contrary will not be
tolerated. Facilities, programs, and services shall be available to all
members of the public on an equitable basis regardless of known or
suspected HIV or HAV / HBV infection. Jokes, discrimination, and refusal
or omission of services will not be tolerated towards any member of the
public. Should a particular incident require the use of employee protection
ADM-05.11
measures, such protection shall be used with courtesy and civility towards
all persons.
Employees of the department shall not discriminate nor treat unequally any
other employee known or suspected of being infected with HBV or HIV. If
an infected employee receives medical approval to report to work, the
employee shall be treated without discrimination by all other employees.
The infected employee shall be employed so long as he or she is able to
perform assigned job functions in accordance with department standards.
VIII. EMPLOYEE MANAGEMENT:
The Police Department shall maintain a safe working environment for all
employees. Adequate training, personal protective equipm~:nt, medical
precautions, and records shall be available to all employees.?~ ,..~-,
A. Training and Education
The Police Department shall require employee training regar~'ing HI'and
HAV / HBV facts as they relate to the working. No employee should be
allowed to perform his or her duties before having received such training.
The Police Department should work with the City Personnel Division, and
other sources, to provide the needed training.
The training program should ensure that all employees:
1. Understand the modes of transmission of HBV and HIV.
2. Can recognize incidents when universal precautions should be
utilized.
3. Know the types of protective equipment appropriate for use in
specific instances.
4. KnoW and understand the limitations of protective clothing and
equipment.
5. Are familiar with appropriate actions to take and persons to inform if
exposure occurs.
6. Are familiar with and understand all requirements for work practices
and department general orders.
7. Know where protective equipment is kept, its proper use, and how to
remove, handle, decontaminate, and dispose of contaminated
clothing and equipment.
ADM-05.'I2
8. Know the corrective actions to be taken in the event of spills or
personal exposure to body fluids, the appropriate reporting
procedures, and the medical monitoring recommended.
Following the initial HAV / HBV and HIV training, employees should receive
refresher training at least annually thereafter.
B. Personal Protective Equipment
The Police Department shall provide all employees access to personal
protective equipment as may be necessary for protection from exposure to
body fluids. The equipment shall be provided in sufficient quantity so as to
be available to all employees without having to share while working a single
incident. The department shall pay all costs incurred for the acquisition,
cleaning, maintenance, disposal, and replacement of all equipment.
C. Medical Precautions
In addition to any health-care or monitoring required by other rules,
regulations, or worker agreements, the Police Department shall offer,
without charge to an employee:
1. Voluntary HAV / HBV immunization. An employee who has received
initial immunization shall be offered booster doses as may be
required/recommended by proper medical authorities.
2. Monitoring, at the. request of the employee, for HAV / HBV and HIV
antibodies following known or suspected exposure to blood or body
fluids. The evaluation results shall be confidential.
It is recommended that monitoring be conducted following a known
or suspected exposure. Monitoring is particularly important if the
exposure was to a person of unknown identity. Monitoring
procedures shall be in accordance with the recommendatioris of
qualified medical personnel.
3. Counseling for an employee found, as a result of monit0~ing, to be'
seropositive for HAV / HBV or HIV.
pi "
D. Recordkee n.q'
The Police Department shall be responsible for the maintenance of incident
and personnel reports pertaining to exposure, suspected exposure, training,
and all other incidents dealing with HBV and HIV that are a concern to the
Division. Records should include:
ADM-05.13
1. Training records, indicating the dates of training sessions, the
content of training sessions along with the names of all persons
conducting the training, and the names of all persons receiving
training.
2. The conditions observed during routine, day-to-day operations for
compliance with work practices and use of protective equipment. If
non-compliance is noted, the conditions should be documented
along with corrective actions taken.
3. The conditions associated with each incident of exposure to body
fluids, an evaluation of the conditions, and a description of any
corrective measures taken to prevent a recurrence or other similar
exposure.
Records pertaining to HAV / HBV vaccinations and post-exposure follow-up
shall be retained for 30 years after termination of employment with the
department.
J."'~inkelhake
CHIEF OF POLICE
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proCeeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
admin stmtive sanctions
OPS-08.1
ALARM -
OPEN DOOR
RESPONSE
IDate of Issue General Order Number
February 9, 1999 99-02
IEffective Date Section Code
February 12, 1999 CPS-08
IReevaluation Date I Amends / Cancels
February 2006 03/05 Department Memo 96-56
IC.A.L.E.A. Reference
1.2.4, 1.3.6, 81.2.13 See Index
INDEX AS:
Use of Force
Supervisory Responsibility
Building Search
Alarm / Open Door Response
Canine Procedure
I. PURPOSE
The purpose of this policy is to define the responsibilities and duties of officers when
they respond to burglar alarms or "open doo¢' 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.
III DEFINITIONS
IV. PROCEDURES
a. BURGLAR ALARMS
When a member of this department responds to a burglar alarm the
officer should respond in a safe and reasonable manner. When
approaching the location of the alarm the officer should consider the
deactivation of emergency lights and siren if applicable. The officer
should be observant for vehicles and/or persons leaving the immediate
area. Upon arrival at the scene the officer should not park directly in front
of the location from which the alarm is coming, instead they should park
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 doo~-the?-~
following guidelines should be adhered to:
1. The officer(s) will secure the perimeter. At the offi~r's re~est,
communications will contact a building representative to co~e 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 representative the
next business day. The business representative will be advised of
the date and time of the incident and be asked to complete an
emergency contact card.
C. SEARCHPROCEDURES
1. If a property representative is not available and there is a
reasonable basis on which to conclude that an emergency threat to
persons and/or property exists, a supervisor may authorize
warrantless entry and search by officers. In the absence of such
circumstances, any search must be pursuant to warrant.
2. In' instances where the building representative declines to come to
the scene, the watch supervisor may authorize a search of the
building if the building representative requests and consents to a
search. This does not require that the building be searched.
3. When a determination to search is made, with or without the
contacting of a property representative, a supervisor should be
present at the scene.
OPS-08.4
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
verbally 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.
, Chief of PoliCe
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will onty form the basis for departmental
administrative sanctions,
0PS-09.1
PRISONER
TRANSPORT
Date of Issue General Order Number
March 17, 1999 99-03
Effective Date I Section Code
March 20, 1999 I OPS-09
Reevaluation Date I Amends / Cancels
March 2006 04/05 All Orders In Conflict
I C.A.L.E.A. I Previous Review Dates:
Chapter 71 February 2000
Use of force
Prisoner Transport
Handcuffing
I. PURPOSE
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
;oners to protect the lives and safety of officers, the public and the person in
OPS-09.2
III. PROCEDURES
A. Vehicle Inspection
1. At the beginning and end of each tour of duty, all vehicles regularly
used for prisoner transport shall be. inspected for readiness as follows.
a. The safety screen shall be securely in place and undamaged.
b. All windows shall be intact, and outer door latches in proper
working order.
c. Rear-seat door handles and window controls shall be
deactivated.
d. The interior shall be thoroughly searched to ensure that no
weapons or contraband have been le, ft behind or hidden within
the vehicle.
2. Prior to placing a pdsoner in a vehicle for transport, the transporting
officer shall inspect the interior for weapons or contrabandT~)-'l'he
vehicle shall be searched again after the prisoner has beer¥'_d~, live~
~.. -
to the detention facility or other destination. -
B. Handcuffing/Use of Restraints .
1. Officers should handcuff (dOuble-locked) all prisoners with~heir ha~ls
behind their back and palms facing outward.
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.
0PS-09.3
C. Transport
1. Prior to transport, all prisoners shall be thoroughly searched for any
weapons or contraband.
2. Prisoners should not be handcuffed together.
3. When possible, females should be transported separately from males.
4. Juveniles shall not be transported in the same area of a vehicle with
adult prisoners.
5. Special precautions should be employed when transporting high-risk
prisoners. In particular:
a. combatants Should be transported separately
b. members of rival gangs should be transported separately
6. Prior to initiating transport, the officer should provide communications
with the following information.
a. arrest location and destination
b. mileage reading before and after the transport of juveniles or ~;
member of the opposite sex.
c. number of persons being transported.
d. nature of the charge(s) :,
7. The officer should assist the prisoner(s) into the squad car, t~king Care
to avoid the prisoner(s) striking their head on the vehicle. P. ri~ners_
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 ~/ehicles 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
0PS-09.4
prisoner in a vehicle without a screen.
e. Prisoners should be instructed that they are not to speak to
each other, or have contact with outside parties during
the transport process.
f. Prisoners should be secured in a seatbelt during transport if the
officer(s) feel they can safely do so.
9. The physical well-being of prisoners shall be monitored during transit.
Particular attention shall be directed to persons reported or suspected
of being under the influence of drugs and/or alcohol or who have a
history or propensity for violence.
a. Prisoners who report or display symptoms of serious 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 tirff.~s:~)
unleSs relieved by other authorized personnel. (this ma~/-
include medical staff) · ..
c. Potentially violent persons in custody shall be restrained:at all
times in treatment facility unless such restraint would irttetfere
with essential treatment. ~ 7.:
d. In the event a prisoner who has committed a serio~offen~j~ is
admitted to a hospital, 'long-term security maY be appropriate. In
such cases the supervisor of the arresting officer shall design a
schedule that permits 24-hour security of the prisoner. Adequate
rotation of officers will be maintained. Visitors, including phone
contact, not approved by the Police Department shall be prohibited.
Officers shall avoid fraternization with the prisoner.
e. When released from the hospital, the prisoner shall be transported
to the appropriate holding facility.. The transporting officer shall
ensure that all hospital treatment instructions and medication
directions are given to the holding facility staff.
10. Symptoms or reports of physical or mental illness (such as threats of
suicide or psychotic behavior) shall be reported to the receiving
officer.
11. Any wheelchairs, crutches, prosthetic devices, and medication should
be transported with , but not necessarily in the possession of the
prisoner. In instances where a person with a disability must be
transported, and the disability prevents transport in a marked patrol
car, a watch supervisor should be contacted for assistance. Alternate
methods of transport may include but are not limited to the use of an
unmarked unit, transport van, 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
OPS-09.5
serious bodily injury to another. In non-life threatening yet serious
situations, officers should call for back-up assistance and may
remain on-hand until such assistance has arrived.
14. Any escape shall be immediately reported to the communications
center with a complete description of the fugitive, mode and direction
of travel, original charge and propensity for violence if known. The
communications operator shall notify the watch supervisor. The
officer shall complete report detailing the escape. When a subject is
not immediately captured, the watch supervisor should consider
notifying outside agencies and request assistance. He/she may
also consider the use of a canine unit in tracking the subject. If this is
done, it shall comply with the general order pertaining to canines.
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 Departme~for-.7
processing or questioning, the officer shall maintain contro/and~3halli?~
ensure that visual contact is maintained with the subject~_at all t~es.'.
visual contact with the subject at all times. In this case, t~offic~r~will'
decide if the handcuffs may be removed during the I~cessi~l or
interview process.
17. When officers are detained for a period of time waiting for jail entry
authorization, they shall monitor the well being of their prisoners and
ensure that restraints have not unduly tightened.
18. Upon arrival at the Johnson County jail, weapons shall be secured in
the provided lockers.
19. Prisoners are in the custody of the Iowa City Police Department until
they are received by Johnson County Jail personnel or released by
the officer.
20. Persons who are transported for non-criminal procedures should be
patted down and seated as indicated above. The officeJ' will decided
if the use of restraints is warranted.
21.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.
0PS-09.6
~,.'J'. Winkelhake, Chief of Police
WARNING
l'his 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 highe~
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.
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
February 2005
OFFICER DATE INC # INCIDENT FORCE USED
04,60 02/02/05 05-5098 Domestic Assault Subject resisted arrest while being hand
cuffed by trying to flee. Officers
directed the subject to the ground and
exposed them to a chemical irritant.
Officers then used hand control
techniques to place handcuffs on the
subject.
59 020205 05-5161 Domestic Assault Subject resisted arrest while being hand
cuffed. Officers directed the subject to
the ground and exposed them to a
chemical irritant. Hand control
techniques ~vere then used to place
handcuffs on the subject.
93,88,15 020305 05-5310 Attempted Suicide Officers displayed less lethal projectile
and drew sidearms for a subject
yielding a knife threatening to harm
themselves. Officers were able to talk
subject into dropping the knife.
Subject was then transported to the
hospital for assistance.
14 020505 05-5631 Burglary Officers responded to a report of a
burglary in progress. Officers observed
suspects running from the scene and
called for them to stop. Subject
stopped but then resisted hand cuffing
efforts. Officers used hand control
techniques to place handcuffs on
subject. Subject then refused to get
into the squad car for transportation.
Officers used control technique to get
subject into the squad car.
34 020505 05-5677 Committal Subject resisted hand cuffing efforts.
Officers used hand control techniques
to put subject's hands behind back to be
handcuffed.
58 020905 05-6413 Theft Subject attempted to flee from Officers
investigating a theft. Officers directed
subject to the ground. Subject resisted
hand cuffing efforts. Officers used hand
control techniques to place handcuffs
on the subject.
52 021105 05-6741 Intoxicated Subject Subject attempted to flee from Officers.
Officers directed the subject to the
ground. Subject resisted hand cuffing
and assaulted Officers. Officers used
active counter measures and hand
control techniques to place handcuffs
on the subject.
09,51 021705 05-7846 Drag Investigation Subject had been placed under arrest
and resisted hand cuffing efforts.
Officers used hand control techniques
and exposed the subject to a chemical
irritant for hand cuffing.
31 021805 05-7855 Fight in Progress Subject was placed under arrest and
resisted hand cuffing. Officers directed
them to the ground and used hand
control techniques to place handcuffs
on the subject.
33 02 t 805 05-7860 Disturbance Call Officer drew side arm and gave verbal
commands for a subject suspected of
attempting to break into a residence.
Subject was taken into custody with no
problems.
60,04,23 021905 05-8167 Warrant Service Subject was placed under arrest and
resisted hand cuffing efforts. Officers
directed them to the ground and used
hand control techniques to place
handcuffs on the subject.
19,59,95 022005 05-8311 Fight in Progress Subject assaulted Officers who were
searching them incident to an arrest.
Officers used active counter measures
to control the subject from further
assaults. Subject then refused to get
into a squad car. Officers used hands
~ ,,., ·. ~..,, on technique to place subject into the
~" '"'" ~' ~"~ ~ !"~ .', ~,~ 1 squad car. Subject was transported to
~ . the hospital. At the hospital the subject
refused to comply with hospital
t I :ii i'~ [ i~ i :'~i:~:~-· , directives and again assaulted Officers.
Officers used additional hands on
i [ ~ techniques and active counter measures
to insure the subject received treatment
and prevent further assaults.
17,21,18 022405 05-8848 Public Intoxication Subject has been placed under arrest
and resisted hand cuffing efforts while
assaulting an Officer. Officers directed
them to the ground and used hands on
technique to place handcuffs on the
subject. Subject then refused to get into
a squad car. Officers used hands on
technique to place subject into the
squad car.
05 022505 05-9047 Trespass/Intoxicated Subject resisted arrest by refusing to
Subject place hands behind their back. Officer
used hand control techniques to place
handcuffs on the subject.
95 022605 05-9261 Domestic Disturbance Officer displayed less than lethal
projectile when responding to a report
of a subject armed with a knife
threatening to harm himself and others.
59 022605 05-9423 Alcohol Violation Subject resisted arrest by refusing to
place hands behind their back. Officer
used hand control techniques to place
handcuffs on the subject.
38 022705 05-9495 Suspicious Activity Subject resisted arrest by refusing to
place hands behind their back. Officer
used hand control techniques to place
handcuffs on the subject.
19 022805 05-9712 Traffic Stop Subject resisted arrest by attempting to
flee. Officer displayed chemical
irritant. Subject then complied without
further incident.
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
March 2005
OFFICER DATE INC # 1NCIDENT FORCE USED
23 030405 05-10317 Vehicle Pursuit Officers assisted other agency with a
motor vehicle pursuit. Vehicle left city
limits without incident and Iowa City
Officer discontinued pursuit.
20,40 030405 05-10391 OWI Arrest Subject had been placed under arrest
- for OWI. Subject attempted to run
~ .~-~ from Officers while at ICPD. Officers
c'-~ ~:~- used control techniques to place
- '- -' handcuffs on the subject. At JCSO the
; subject again attempted to run from
~ Officers. Officers pursued and directed
· . the subject to the ground where they
~. were again handcuffed.
05,03 } :: 030505 05-10497 Domestic Assault Subject had been placed under arrest
for domestic assault. Subject refused to
allow Officers to remove gloves that he
was wearing to be searched. Officers
used control techniques to remove the
gloves. Subject then refused to comply
with Officer's request to sit in a chair
for a search. Officer used a control
technique to assist the subject into the
chair.
56 030505 05-10583 Injured Deer Officer used sidearm to dispatch a deer.
51,18 030505 05-10618 Suspicious Activity Subject had been placed under arrest
and resisted handcuffing efforts.
Offices attempted to use hand control
techniques to handcuff the subject but
were unsuccessful. Officers then
exposed the subject to a chemical
irritant and were able to apply
handcuffs.
12,95,17 0308805 05-10941 OWI Subject had been placed under arrest
for OWI and refused to sit in a squad
car to be transported to JCSO. Officer
used control techniques and pressure
points to assist the subject into the
squad car.
40 030905 05-11229 Trespass Subject refused to leave a private
residence at the request of owner and
Officers. Officers used control
technique to escort the subject from the
residence.
33,06 031005 05-11280 Public Intoxication Subject had been plac~d under arrest
and resisted handcuffing efforts.
Officers used hand control techniques
to place handcuffs on the subject.
27 031205 05-1 I749 Injured Deer Officer used sidearm to dispatch an
injured deer.
2ff ~i. 031305 05-11852 Fight in Progress Subject had been involved in a physical
!' ~7 ~ altercation. Subject then assaulted an
· ~ . Officer. Officer directed the subject to
~_~:: c.'.~ the ground to be handcuffed. Subject
: '~. resisted handcuffing efforts. Officer
then used hand control techniques to
place handcuffs on the subject.
13 031405 05-12057 Injured Deer Officer used sidearm to dispatch an
injured deer.
48,19,59 031605 05-12420 Burglary/Assault Officers drew sidearms to enter a home
and take into custody two subjects that
were reported to have forced their way
into the residence. Subjects were taken
into custody without incident.
19,59 031705 05-12541 Drug Investigation Subject fled from Officers during a
drug investigation. Officers directed
the subject to the ground. Subject then
resisted handcuffing efforts. Officers
used hand control techniques to place
handcuffs on the subject.
03,05 032105 05-13232 Intoxicated Subject Subject resisted arrest by refusing to
place hands behind their back. Officer
used hand control techniques to place
handcuffs on the subject. Subject then
refused to sit in squad car to be
transported. Officers used control
techniques to assist subject into the car.
26 032505 05-13873 Child Abuse Officer used control technique to
Investigation prevent a subject from interfering with
a child abuse investigation.
37 032605 05-14043 Injured Deer Officer used sidearm to dispatch an
injured deer.
27,03,38 032705 05-14207 Intoxicated Subject Subject was involved in a physical
altercation and had assaulted an
Officer. Officers used hand control
techniques and exposed the subject to a
chemical irritant to place them in
handcuffs.
46 032705 05-14236 Disorderly House Officer attempted to issue subject a
c:~ citation for disorderly house. Subject
~v attempted to flee. Officer directed the
{.',~ ?:: subject to the ground. Subject then
z: .-- refused handcuffing. Officer used
- ~ control techniques and exposed the
subject to a chemical irritant to place
- handcuffs on the subject. A second
_~ ,-. subject attempted to interfere with the
~ '~_:~! arrest. This subject was also exposed
~-, to a chemical irritant and taken into
-~ custody
88 032805 05-14407 Intoxicated Subject Subject refused to take a seated
position so arresting Officer could
assist another Officer that was in a
physical altercation with another
subject. Officer used control
techniques to put subject in a seated
position.
20 032805 05-14407 Intoxicated Subject Subject had been placed under arrest
for public intoxication. Subject
resisted handcuffing efforts. Officers
used hand control technique to place
handcuffs on the subject.
57 032905 05-14653 Fight in Progress Subject had been in a physical
altercation. Upon Officers arrival the
subject was swinging a 3 to 4 foot piece
of wood trim. Subject refused to
comply with Officers instruction to
drop the piece of wood. Officer then
exposed the subject to a chemical
irritant. Subject dropped the piece of
wood and was placed in handcuffs.
58 033005 05-14693 Assist other Agency Officer observed a subject that was
being pursued on foot by Campus
Police. Officer ordered the subject to
stop. The subject refused. Officer was
able to catch the subject and direct
them to the ground where handcuffs
were placed on them.
03 033105 05-14864 Theft Investigation Subject fled on foot from Officers
during a theft investigation. Officers
were able to catch subject and direct
them to the ground where they were
placed in handcuffs.
37 0333105 05-14909 Theft Investigation Subject refused to comply with Officer
requests. Subject became agitated and
rapidly reached for his right hip area
underneath a coat. Officer drew
sidearm and ordered the subject to
remove his hand from the area. Subject
complied and was searched. Subject
was found to be in possession of a
small knife.
MEMORANDUM
TO: Chief Winkelhake
FROM: Captain Johnson, Field Operations
RE: quarterly/Summary Report (Quarter 1)- IAIR/PCRB, 2005
DATE: Apdl 1, 2005
Attached you will find the 2005 Quarterly Report, quarter 1, for the Iowa City Police
Department Internal Affairs/Police Citizen's Review Board investigative file.
cc: PCRB
Year: 2005
IAIR/PCRB C~ua~erly-Summary Report. (Quarter 1)
I.A.I. #:04-05 PCRB #: none
Incident Date: 11-24-04 Incident Time: 4:30PM
Location: 2800 blk. Commerce Dr. Date Assigned: 12-02-04
Reason for Allegation:
1) Improper exercise of police authority
Disposition:
1) Sustained
I.A.I. #:05-01 PCRB #: none
Incident Date:Il-29-04 Incident Time: n/a
Location: Iowa City Date Assigned: 01-04-05
Reason for Allegation:
1) Violate Rules and Regulations
2) Miscellaneous violations
Disposition:
1) Investigation closed
DEPARTMENT MEMO 05-10
TO: Chief RJ Winkelhake
Captain Matt Johnson
FROM: Captain Widmer
REF: Jan/Feb Use of Force Review
DATE: April 6, 2005
The bi-monthly "Use of Force Review Committee met on April 5, 2005. It was composed of
Captain Widmer, Sgt. Lord, Sgt. Hart and Investigator Humrichouse.
The review of submitted reports for January (30 incidents-40 reports) and February (18
incidents- 26 reports) revealed no policy or training concerns. Of the 48 incidents, 7 were for
destruction of an animal.
As a matter of clarification, whenever less-lethal projectiles are introduced into a situation,
policy dictates that a cover officer is to be used. For purposes of the Use of Force Report, the
cover officer needs to be identified and listed on the report filled out by the officer who brings
the less-lethal into incident (one report).
Several reports were noted this time that indicated an injury either to the officer or the person on
which force was used. Whenever any injury is noted, the specific injury must be noted as well as
then way that the injury was received.
Several reports are being retumed through watch supervisors for corrections and/or examples of
errors. Contact me if you have any questions.
Copy: City Manager, PCRB, Watch Commanders
May 10, 2005 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #05-01
Filed: 03/30/05
Chief's Report due: 06/28/05
Extension Request:
Chief's Report filed:
PCRB Report due:
PCRB Complaint #05-02
Filed: 05/05/05
Chief's Report due: 08/03/05
Extension Request:
Chief's Report filed:
PCRB Report due:
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS March 2005
Date Description
3/11/05 Man called interested in picking up PCRB Complaint form as well
as Police Department internal complaint form.
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS April 2005
Date Description
4/26/05 Man called requesting he be mailed a PCRB Complaint form.
FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319) 356-5041
TO: City Council
Complainant
Stephen Atkins, City Manager
R. J. Winkelhake, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #04-02
DATE: March 8, 2005
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB #04-02 (the "Complaint").
Board's Responsibility
Under the City Code of the City of Iowa City, Section 8-8-7B /2), the Board's job is to
review the Police Chief's 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 Chief's professional expertise."
Section 8-8-7B (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 July 8, 2004. 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 07, 2005 and was filed with the City Clerk January
07, 2005.
On February 8, 2005, the Board voted to review the Complaint in accordance with
Section 8-8-7 (B) (1) (a), on the record with no additional investigations.
PCRB #04-02
Page 1
FINAL~APPROVED
The Complaint was filed on July 8, 2004. PCRB received the Chief's Report as filed on
January 7, 2005. The Chief's Report was due to PCRB on October 10, 2004, an
extension was granted to December 6, 2004, and an additional extension was granted
to January 7, 2005.
The PCRB report was due February 21,2005, but PCRB held no January meeting (no
quorum because one member was out of state, one member had to work, one member
had to care for a sick spouse, plus there was an ice storm the evening of January 11,
2005.) Considerations of #04-02 were postponed to the regular February meeting date
for PCRB.
PCRB requested a 45-day extension from City Council. PCRB met to discuss this
Complaint on February 8, 2005, and March 8, 2005.
Findinqs of Fact
On the July 7, 2004, at approximately 7:00 p.m., Officer A stopped the Complainant for
speeding 39 mph in a 25 mph zone; Officer A observed two children in the vehicle who
were not restrained as required by law; the Complainant then became upset and began
to use loud and abusive language. Officer B then placed the Complainant under arrest,
removed her from her vehicle and transported her to jail. The Complainant alleges that
Officer B forcefully removed the Complainant from her vehicle by grabbing/snatching
the arm, leaving fingerprints. The Complainant also alleges that Officer A failed to
inform the Complainant of the charge for arrest.
The investigators reviewed the charges, the radio traffic and the written complaint from
the Complainant.
The investigators also interviewed the Complainant. During the interview the
Complainant admitted to speeding, and as Officer A observed, the children in the back
seat were not restrained as required by law.
The Complainant stated that she was very upset with Officer A and was using loud and
profane language. Officer B, who was involved working radar at the site, heard the
language. The Complainant stated her belief that the mothers of the children, who were
with the children at the time, ought to receive the ticket. Officers A and B explained that
the law imposes responsibility for the use of child restraints on a vehicle operator.
Officer B recalls telling the Complainant numerous times to get into the vehicle and
place the feet inside the vehicle so the door could be closed. Officer B explained the
reason to place the feet inside the vehicle and explained why the Complainant could be
arrested for interference with Official Acts if the order was not followed. Officer B said
the Complainant continued to refuse numerous requests.
After writing the citation, Officer A returned to the Complainant's vehicle, and based on
the continued refusal to comply, Officer B placed her under arrest for interference with
Official Acts. Officer A then asked the Complainant to stand, and placed his hand under
PCRB #04-02
Page 2
FINA L/A PPRO VED
the elbow to assist and he handcuffed the Complainant before transporting to the
County Jail. The Complainant was placed in the squad car driven by Officer A.
Both Officers A and B recall informing the Complainant that she was under arrest, but
neither officer recalls informing the complainant of the specific charge after the arrest.
The Complainant was transported to the County Jail and turned over to the jail staff by
Officer A.
Officer C heard the traffic stop called in to the Emergency Communications Center,
realized that he had stopped the car within the last week and had problems with the
driver. Officer C contacted Officer A by radio to inform him of the problem he had
encountered when dealing with the Complainant. When Officer A keyed the radio to
respond, Officer C could hear the Complainant being loud and abusive in the
background. Officer C drove over to the location of the incident. When Officer C
arrived at the location of the incident the Complainant was out of the vehicle, standing
near the driver's door, yelling and screaming at Officers A and B. Officer C recalled that
both Officers A and B were very patient with the Complainant.
CONCLUSION:
Officer A lawfully stopped the Complainant for speeding (39 in a 25-MPH speed zone).
The Complainant was directed into the Hy-Vee parking lot on First Avenue. All the
parties interviewed agree that the Complainant was upset and directing loud, abusive
language towards the Officers. The witnesses that the Complainant provided did not
respond to the investigator's request for interviews.
Officer B told the Complainant to get into the vehicle a number of times or be arrested.
The Complainant failed to heed the warning and admitted to understanding what Officer
B was asking but chose not to comply.
ALLEGATION #1 Excessive use of Force - not sustained
PCRB finds in the original Complaint two references to Officer B "snatching" and one
reference to "grabbing" Complainant by the right forearm during removal from the
vehicle to be handcuffed.
Two witnesses refused to testify about the incident. Officers A and C do not report
observable evidence to support a finding of excessive use of force - at the County Jail
the Complainant noticed a possible slight bruising of the right forearm and after release
claimed to have photographs of them, but no photogral:Jhs were ever produced as
evidence.
PCRB #04-02
Page 3
FINAL~APPROVED
ALLEGATION #2 Failure to inform - not sustained
PCRB finds that there is insufficient evidence to support this allegation. In the original
complaint, the Chief's report, and the interview with the complainant there is agreement
that the complainant was warned that if she continued her uncooperative behavior she
would be arrested. There is agreement that the behavior continued. Both officers recall
that she was told she was under arrest but couldn't recall stating the specific charge.
The Board finds prior notification was sufficient.
COMMENTS:
PCRB finds that the ordinary procedures specified in ICPD general orders and standard
operating guidelines for use of force and for explanation of reason for arrest were
adequately followed during the incident, which occurred July 7, 2004. PCRB
encourages the continued training of officers in each of these matters, and counseling
of officers to inform a person under arrest of the criminal charges, except when the
person to be arrested is actually engaged in the commission of or attempt to commit an
offense, or escapes, so that there is no time or opportunity to do so.
PCRB #04-02
Page 4
FINA L/A PPR 0 VED
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
TO: City Council
Complainant
Stephen Atkins, City Manager
R. J. Winkelhake, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #04-03
DATE: March 8, 2005
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB #04-03 (the "Complaint").
Board's Responsibility
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to
review the Police Chief's 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 Chief's professional
expertise" (Section 8-8-7B (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, November 8, 2004. As
required by Section 8-8-5 of the City Code, the Complaints were referred to the Chief of
Police for investigation.
The Chief's Report was due on February 7, 2005 and was filed with the City Clerk on
February 1,2005.
PCRB #04-03
Page 1
FINA L/A PPR 0 VED
The Board voted to review the Complaints in accordance with Section 8-8-7B(1)(a), on
the record with no additional investigation.
The Board met to consider the Report on February 8, 2005 and March 8, 2005.
Findinqs of Fact
In the fall of 2004, the complainant was stopped for a traffic offense by Officer A of the
Iowa City Police Department. Officer A stated the complainant was observed operating
a motor vehicle in the 1900 block of Broadway Street and Officer A knew that he did not
have a valid license to operate motor vehicles in Iowa. Upon approach to the vehicle,
Officer A observed that the complainant had put something into his mouth. Officer A
believed this was done in an attempt to conceal an item. When Officer A asked the
complainant what was in his mouth, the complainant fled from Officer A. After a foot
pursuit of approximately 1-2 blocks, the complainant was apprehended and taken down
by Officer A. The complainant stated in his complaint that he had stopped fleeing and
surrendered to Officer A prior to being apprehended and taken down to the pavement.
After being physically apprehended, the complainant continued to resist the lawful
attempts of Officer A to control him. Iowa City Police Department Officer B came to
assist Officer A in controlling the complainant. Officer B stated that the complainant was
already taken down to the pavement by Officer A prior to his arrival and that the
complainant was resisting Officer A. Officer B helped Officer A control the complainant
through control techniques applied to the back and back of head areas of the
complainant's body. Extensive written training documentation was supplied to the Board
as to the control techniques utilized during this apprehension.
The complainant, through his written complaint, stated he believed the use of force
applied against him during this incident was excessive. He stated he repeatedly told the
officers involved that he could not breathe. An Interview Report, supplied to the Board,
supported the claim that the complainant expressed his concern of his inability to
breathe to the officers. In the interview conducted by the Iowa City Police Department, a
witness stated he heard the complainant telling the officers he could not breathe. The
complainant believes his inability to breath during the incident was due to the force used
by the officers. The complainant also stated he had sustained superficial injuries to his
face during the arrest.
Although the Officer's identification numbers used in this complaint and report were not
on the copies of the Use of Force Reports received by the Board, it is believed by the
Board, through reasonable deduction, that the Use of Force Report of Officer B stated
that both Officer A and the complainant sustained "superficial" injuries. This is supported
PCRB #04-03
Page 2
FINAL~APPROVED
on the first page of the report in the fact that under "Suspect Injuries" there is an "x" in
the box next to, and to the left of, "Superficial". In the same report under "Officer
Injuries", the box next to, and to the left of, "Superficial" also has an "x" in it.
The Use of Force Report deduced to be completed by Officer A supports the
observations of Officer B by also indicating that both Officer A and the complainant had
sustained superficial injuries. This information was indicated on the first page of the Use
of Force Report of Officer A by the x'ing of the same boxes for injuries to the suspect
and to the officer. On the second page of Officer A's Use of Force Report, the officer
states in the written "Circumstances surrounding the use of said force" area of the report
that abrasions to one of the complainant elbows and to the right side of his forehead
were observed. In an Incident Report, also believed, written by Officer A, it is stated in
the narrative of the report that Officer A received "... cuts on my knuckles..." Also on the
second page of Officer A's Use of Force Report, included in the "Effects/Results of said
use of force" the officer states that "Defendant was arrested with only superficial injuries
to the def. and officer." This statement not only documents what injuries occurred during
the arrest but also suggests that officer A did not believe these injuries to be
inconsistent with the type of incident since the officer referred to the injuries as "only
superficial".
Conclusion
By unanimous vote, the Board set the Level of Review for this complaint at 8-8-7(B)(1)a,
believing there to be enough information in the Chief's report, and other attached
materials, to allow the Board to come to an informed conclusion. The Board finds that
the use of force and all control techniques utilized by Iowa City Police Department
Officers A and B, during this apprehension and arrest, to be appropriate and consistent
with the training of the Iowa Law Enforcement Academy and the Standard Operating
Guidelines of the Iowa City Police Department in regard to use of force and control
techniques. The use of force was "reasonable" as perceived by a reasonable officer on
the scene rather than 20/20 vision of hindsight as per Section 702.18 of the Code of
Iowa and OPS-03.2 of the Iowa City Police Department operational guidelines. The
Board concludes that there is nothing, in either the Chief's Report to the Board or the
complaint from the complainant, that would lead to the conclusion that force above what
was reasonable, given the situation, was utilized by either Officer A or B.
The Board concludes the findings of the Chief of P°lice are supported by substantial
evidence, are reasonable, not arbitrary or capricious, and are consistent with Police
Department policy and practice, and any Federal, State or Local Law.
PCRB #04-03
Page 3
FINA L/A PPRO VED
Alle.qation # 1: Use of excessive force - not sustained
The Board has no cause to suspect or believe that Officer B used excessive force in this
apprehension. Allegation #1 against Officer B is not sustained.
Comment
It was noted by the Board that the two complaints originally made by the complainant
were contained in one allegation in the Chief's report. The Board found this
condensation of allegations to be consistent with the complainant's original complaint
and concerns.
PCRB #04-03
Page 4
/
5281 Wapsi Avenue SE
Lone Tree, IA 52755-9795
May 3, 2005
Sarah Holecek.
Assistant City Attorney"
City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -.-- "
Dear Sarah:
I am in receipt of your letter of April 12, 2005.
It does not surpdse me that Officer Leik provided a similar story to the one I told you. It is
my belief that my car looks sufficiently different to have caused stereotypical suspicion
on his part, and that "ddving slowly" was the only acceptable rationale he could find for
stopping me and thus that is the reason he recalls. In your Apdl 12 letter, based upon
your interview with Officer Leik, you state::
Officer Leik recalls that he stopped your vehicle after obser,~ing it
traveling slowly. While I agree that driving slowly is not Itself an illegal
act, it can provide reasonable suspicion that criminal activity may be
afoot or the driver of the vehicle may need assistance. This suspicion
is further augmented by the fact that the stop took place at 10:00 p.m.
on a Friday night.
Driving 22-23 miles per hour on Kirkwood Avenue/Lower Muscatine should not be
reason enough to suspect that 'criminal activity may be afoot.' How are traveling slightly
less than the posted speed limit and possible criminal intent linked? What cdminal
activity would an officer imagine might occur when a car is going down Kirkwood
Avenue/Lower Muscatine at ten o'clock at night with a police car right behind it? I know
there are some amazingly dumb criminals out there, but it seems to me that the majority
of people intending to commit a cdme would most certainly put an end to that intent
knowing they were in full view of law enforcement.
I do not accept the argument that ddving 4-5 miles less than the 45 miles per hour speed
limit on Highway 6, especially at night, presents an indication that the driver of a car
going that rate 'may need assistance.' How does traveling at a rate of reasonable speed
create a suspicion on the part of law enforcement that a ddver may need some sort of
help? If an officer can make such a link then a driver could be doing absolutely nothing
wrong, going exactly the posted speed limit, and still be stopped because she put her
hand to her head and the police officer following thought the driver had a headache, or
had been bitten by a bat, or was having a stroke, or was in angst over not attending
church the previous Sunday and thus was in need of assistance.
Do officers in unmarked cars also follow and stop persons 'traveling slowly'? That would
be enough to scare a woman (especially if driving alone and at night) into speeding to
flee a possible (in her mind) attacker or into actually having an accident or a health
crisis.
I do not believe that officer intuition or experiencing a hunch are sufficient reasons to
stop a moving vehicle that is not in violation of any law. However, if the police can
legally stop a vehicle based on any reason concocted in an officer's mind then I hope
someday another court of Supreme Beings will reverse itself and cut civilians a break
from the long arm of the law.
Sincerely,
Carol W. deProsse
Cc: Matt Johnson, Captain, Field Operations
R.J. Winklehake, Chief of Police
Iowa City City Council
Police Review Board
Ben Stone, ICLU
DRAFT#1
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, 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.
During FY05 the Board held 9 (includes May & June) meetings, each lasting up to two hours. Three
meetings were cancelled, one was due to lack of a quorum and two 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
John Stratton's term ended in September and Beth Engel was appointed for a four-year term. Loren
Horton was re-appointed to the Board for his second four-year term. Horton was also nominated as
Chair for a second year and Greg Roth as Vice Chair in October.
COMPLAINTS
Number and Type of Allegations
Five {includes 05-01 and 05-02) complaints were filed during the fiscal year July 1, 2004 - June 30,
2005. Two public reports were completed during this fiscal period, and one complaint was summarily
dismissed. The two completed public reports involved 3 allegations.
Allegations
Complaint #04-01
Summarily Dismissed
PCRB Annual Report FY 2005 - (Draft 05/10/05) -2
Complaint #04-02
0. Excessive use of force.
0. Failure to inform.
Complaint #04-03
0. Excessive use of force.
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 2
Level b Interview or meet with complainant 0
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 e Board performs its own additional investigation 0
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 which is submitted to the City
Council.
Of the 3 allegations listed in the two complaints for which the Board reported, none were sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in two of the reports:
Complaint #04-02
PCRB finds that the ordinary procedures specified in ICPD general orders and standard operating
guidelines for use of force and for explanation of reason for arrest were adequately followed during
the incident, which occurred July 7, 2004. PCRB encourages the continued training of officers in each
of these matters, and counseling of officers to inform a person under arrest of the criminal charges,
except when the person to be arrested is actually engaged in the commission of or attempt to commit
an offense, or escapes, so that there is no time or opportunity to do so.
Complaint #04-03
It was noted by the Board that the two complaints originally made by the complainant were contained
in one allegation in the Chief's report. The Board found this condensation of allegations to be
consistent with the complainant's original complaint and concerns.
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 did not schedule any
name-clearing hearings.
PCRB Annual Report FY 2005 - (Draft 05/10/05) - 3
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 two officers in the two
complaints this report covers.
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
A.qe: National Oriqin: Color:
Under 21 0 US 0 White 0
Over 21 0 Unknown 2 Black 0
Unknown 2 Unknown 2
Sexual Orientation: Gender Identity: Sex:
Heterosexual 0 Female 0 Female 0
Unknown 2 Unknown 2 Male 0
Unknown 2
Marital Status: Reli.qion: Mental Disability:
Single 0 Christian 0 No 0
Unknown 2 Baptist 0 ,ADD 0
Unknown 2 Dyslexia 0
Unknown 2
Physical Disability: Epilepsy 0
No 0
Unknown 2
BOARD MEMBERS
Loren Horton, Chair
Greg Roth, Vice Chair
Roger Williams
Candy Barnhill
John Stratton/Beth Engel
clerk/Annual Report 04-05.doc