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HomeMy WebLinkAbout09-13-2005 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD September 13, 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 08/16/05 · ICPD General Order #99-05 (Use of Force) · ICPD General Order #00-05 (Off-Duty Conduct: Powers of Arrest) · ICPD General Order #01-04 (Bomb Threats / Emergencies) · ICPD General Order #05-01 (Persons with Mental Illness) · ICPD Department Memo #05-33 · ICPD Use of Force Report- July 2005 ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS · Select Nominating Committee 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 · October 11, 2005, 7:00 P.M., Lobby Conference Room · November 8, 2005, 7:00 P.M., Lobby Conference Room · December 13, 2005, 7:00 P.M., Lobby Conference Room · January 10, 2006, 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: September 9, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on September '13, 2005 Enclosed please find the following documents for your review and comment at the next board meeting: · Agenda 09/13/05 · Minutes of the meeting on 08/16/05 · ICPD General Order #99-05 (Use of Force) · ICPD General Order #00-05 (Off-Duty Conduct: Powers of Arrest) · ICPD General Order #01-04 (Bomb Threats / Emergencies) · ICPD General Order #05-01 (Persons with Mental Illness) · ICPD Department Memo #05-33 · ICPD Use of Force Report- July 2005 · PCRB Complaint Deadlines · PCRB Office Contacts- July 2005 · PCRB Office Contacts- August 2005 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.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - AUGUST '16, 2005 CALL TO ORDER: Vice-Chair Greg Roth called the meeting to order at 7:03 p.m. MEMBERS PRESENT: Candy Barnhill, Greg Roth, and Roger Williams MEMBERS ABSENT: Loren Horton, and Elizabeth Engel STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present OTHERS PRESENT: Capt. Tom Widmer of the ICPD CONSENT CALENDAR Motion by Barnhill and seconded by Williams to adopt the consent calendar. Minutes of the meeting on 06/14/05 · ICPD General Order 00-01 (Search and Seizure) · ICPD General Order 00-02 (Harassment and Sexual Harassment) · ICPD Use of Force Report- June 2005 Motion carried, 3/0, Horton and Engel absent. OLD BUSINESS None. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION Roth summarized to the Board the Council meeting he had attended in July regarding the PCRB's two year review. During the review the Council expressed . their appreciation to the members, it was mentioned replacing the Board with an Ombudsperson Review so that there was an office or group that could receive concerns, recommendations, complaints, regarding the City in general, but there was not a majority of Council interested. STAFF INFORMATION Tuttle reported to the Board that there has been a gentleman from Urbana, Illinois interested in the budget for the PCRB and that he has been provided with those figures. EXECUTIVE SESSION Motion by Barnhill and 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 PCRB August 16, 2005 Page 2 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. Motion carried, 3/0, Horton and Engel absent. Open session adjourned at 7:09 P.M. REGULAR SESSION Returned to open session at 7:20 P.M. Motion by Barnhill and seconded by Williams to set the level of review for PCRB #05-02 at 8-8-7(B)(1)(a), on the record with no additional investigation. Motion carried, 3/0, Horton and Engel absent. MEETING SCHEDULE · September 13, 2005, 7:00 P.M., Lobby Conference Room · October 11, 2005, 7:00 P.M., Lobby Conference Room · November 8, 2005, 7:00 P.M., Lobby Conference Room · December 13, 2005, 7:00 P.M., Lobby Conference Room Barnhill possibly has a conflict with future meeting dates. But would let staff know as soon as possible. This was the last meeting for Board member Williams and he stated that he had enjoyed his time on the Board and working with the other members. ADJOURNMENT Motion for adjournment by Williams and seconded by Barnhill. Motion carried, 3/0, Horton and Engel absent. Meeting adjourned at 7:26. OPS 03.1 USE OF -FORCE I Date of Reissue General Order Number April 28, 2001 99-05 I Effective Date Section Code April 21, 1999 OPS-03 Reevaluati°nDate IAmends/Cc'"'cc!$ April 2006 8/05 95-03 C.A.L.E.A. I Re~oronce 1.3.1 - 1.3.8, 1.3.13 INDEX AS: . ~. · Use of Force Reporting Significant Fome Investigation Use of Force Model Canine Arrests Warning Shots .i" ~ ~ I. PURPOSE ~ The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non-deadly force. II. POLICY The Iowa City Police Department recognizes and respects the val~ue and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to effectively bring an incident under control, while protecting the lives of the officers and others. OPS 03.2 III. DEFINITIONS Definition . Deadly fOrce {Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though nd intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. Definition- Serious injury (Section 702.18 Code of Iowa) Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the fUnction of any bodily member or organ. Definition - Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent a~n injury or loss and can include deadly force if it is reasonable to believe that such force is . necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Definition - Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, OPS 03.3 uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) Definition - As used in this policy, "less lethal munitionS" Means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES DEADLY FORCE A. Purpose of statement 1. To delineate the Department's policy regarding the use of deadly force. CPS 03.4 2. To establish policies under Which the use of deadly force is permissible. B. Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him/herself or others from what he/she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person used or threatened to use deadly force in committing a felony, and b. the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. 4. No distinction shall be made relative to the age of the intended target. 5. Warning shots by officers of the Iowa City Police Department are prohibited. 6. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 7. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: a. When the Occupant of the vehicle is utilizing deadly force against the police officer or other persons. b. As a last resort to prevent death or serious injury to officers or other persons. c. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury OPS 03.5 d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. C. Injuries resulting from Use of force. 1. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: a. Requested by the subject(s) involved. b. The extent of an injury is unknown or not visible. c. The nature or extent of the injury dictates. Officers shall error on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. LESS LETHAL FORCE A. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe OPS 03.6 manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the USe of Force model. B. Definition-Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. C. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: 1. To protect the officer or others from physical harm. 2. To control an arrestee or a potentially violent person. 3. To restrain or subdue a resistant individual. 4. To bring an unlawful situation safely and effectively under control. D. Officers shall render appropriate first aid or ensure medical treatment is provided to any person injured or complaining of pain following the use of force. NOTIFICATIONS A. Any officer whose discharge of a firearm results in a serious injury or death shall immediately contact his/her supervisor. If this is not practical, the officer shall contact the on-duty patrol supervisor. The notified supervisor shall then contact the following individuals: 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. b. if the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney. OPS 03.7 4. The City Manager. 5. The Criminal Investigation Commander or his/her designee. B. The on-duty watch supervisor shall be immediately notified or Summoned to the scene of any incident where use of force results in a physical injury. : REPORTING USE OF FORCE INCIDENTS ' ' A. Discharge of Firearms-report required. Any officer who discharges a firearm for any reason or purpbse other -J than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following circumstances in which no accident or injury results: 1. The discharge of firearms on firearm ranges or in an area for firearms practice. 2. Sporting events to include lawful hunting and organized shooting matches. B. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on-duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. The Watch Supervisor must be notified, however, immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. The committee shall consist of a Division Commander, the Sergeant of Planning and Research and/or Training Sergeant, and a third person designated by the Division Commander. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. OPS 03.8 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents, with the exception of the destruction of animals, shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. 2. The purPose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of force incident will be included with an incident report. The report(s) shall contain the following information: a. Arrestee/suspect information. b. Incident number(s), date and time of incident, and reporting officer. c. Description of actual resistance encountered. ' d. All required fields completed in Use of Force report. e. The force used by the officer to overcome.the resistance and the specific weapon or technique used. f. A description of any alleged or actual injunes to either the officer or suspect. g. Pictures taken of any injuries to either the officer or suspect 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. OPS 03.9 3. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E. At a minimum, the Chief of Police and/or designee will review all reports and incidents of force annually. A review of reports and incidents of force could reveal patterns or trends that indicate training needs and/or policy modifications. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY A. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. B. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. D. The on-duty watch commandedsupervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. E. The officer(s) involved in the death or serious injury may be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: 1. The officer shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer must receive permission from the Chief of Police, or the Chief's representative, prior to leaving the metropolitan area. If such permission is given, the officer shall supply phone number(s) of their location and duration of their absence. - . OPS 03.10 2. The officer will not discuss the case with anyone except, the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer from discussions with their attorney. The officer will attend post-traumatic stress counseling at the discretion of the Chief of Police. 3. At the discretion of the Chief of Police, the officer may be returned to duty upon departmental receipt of a letter from the counselor or mental health professional indicating the officer's fitness for duty. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer has acted improperly, but is designed to safeguard the officer and the Department. G. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of for~e incident to ensure all personnel followed departmental 15ol]cies and guidelines. USE OF FORCE MODEL ~ A. Police officers are given the unique right to use force, eve.nl dead.!y force, against others for legitimate law enforcement purpo~ses. T~e right to use force carries with it an obligation to use that force in~ responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" OPS 03.11 (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. Reasonable officer's perception/Reasonable officer's response (see attached matrix) M.C. n, Acting 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 res third-party claims. Violations of this directive will only form the departmental administrative sanctions. OPS 03.12 LEVEL ONE Perception - Subject is compliant Response Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING COMMUNICATION SKILLS > VERBAL > NON-VERBAL > WALL HANDCUFFING POSITIONS > STANDING > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARCHING TECHNIQUES > STANDING > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP ARREST TECHNIQUES > SINGLE OFFICER > MULTIPLE OFFICERS ESCORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICER~' TRANSPORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS CPS 03.13 LEVEL TWO Perception - Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE RESISTANT ( PASSIVE ) LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT > MULTIPLE SUBJECTS > ARM CONTACT CONTROLS > WRIST > HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES > TRANSPORT TECHNIQUES OPS 03.14 LEVEL THREE Perception-Subject is actively resistant Response - Compliance techniques (includes: neuro-muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active) LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS · ' > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENTSKILLS > PACING/TRAILING TECHNIQUES OPS 03.15 LEVEL FOUR Perception - Subject is assaultive and likely to cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques) USE OF FORCE MODEL , FUNCTIONAL PROFILE ASSAULTIVE (BOdily Harm) LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, II, III > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES LESS LETHAL WEAPONS > CANINE OPERATIONS > OTHER OPTIONS WEAPON RETENTION TECHNIQUES (Less Lethal) > FRONT > REAR > SIDE OTHER WEAPONS > CONTROL/APPREHENSION CANINE TECHNIQUES *Deployment of canine for apprehension/protection shall be preceded by actions of suspect which are consistent with level 4 (Assaultive- Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99-04) Shall be followed. OPS 03.16 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly fome (includes: weapon/weapons attack defense, lethal fome utilization with service/supplemental weapons, fomible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE LEVEL V DEADLY FORCE Sedous Bodily Hai~-~-~/Death) ENFORCEMENT ELECTIVES; I, II, III & IV > WEAPON ATrACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES ~ > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK LEG-05.1 OFF-DUTY CONDUCT: POWERS OF ARREST I Date of Issue General Order Number July 21, 2000 00-05 Effective Date Isection Code July 26, 2000 LEG-05 IReevaluati°nDateJuly 2006 00/05 [Amends/Cancels INDEX AS: Use of Force Weapons Arrests I. PURPOSE The purpose of this policy is to provide guidelines to police officers acceptable criteria for effecting an off-duty arrest. II. POLICY Off-duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off-duty officers, and confusion for those on-duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to effect an arrest while off- duty. LEG-05.2 III. DEFINITIONS Personally involved: An officer is deemed personally involved where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. This policy specifically cautions off-duty officers from using their designation as a police officer in situations where they are personally involved. Officers should remove themselves from any involVement in such a situation and immediately contact on-duty personnel to handle. IV. PROCEDURES A. Liability Protection Officers of the Iowa City Police Department have liability protection for the on and off-duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, · or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies of the Iowa City Police Department. B. Permitted Off-Duty Arrests When off-duty and within the legal jurisdiction of the City of Iowa City, an officer may make an arrest only when: 1. There is an immediate need to prevent a crime or apprehend a suspect; and 2. The crime would require a full custodial arrest; and 3. The arresting officer has in his/her possession, appropriate police identification. 4. The officer is not personally involved in the incident underlying the arrest or the opportunity and/or means to have on-dUty officers safely respond :and handle were not reasonable. : C. Off-Duty Responsibilities ~ ~ . 1. While off-duty, the police officer is responsible for immediately;?ePorti~ any suspected or observed criminal activity, qualifying a serious rri~,~demeaJ~or higher, to on-duty personnel. 2. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off-duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other nuisance offenses. On-duty personnel should be contacted to respond to the situation where an off-duty officer becomes aware of such violations and believes police intervention is necessary. LEG-05.3 3. Where an arrest is necessary, the off-duty-arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off-Duty Arrests: When off-duty, an officer shall not make an arrest: 1. When the arresting officer is personally involved in the incident underlying the arrest and the handling by on-duty personnel is reasonable or 2. When engaged in off-duty employment of a non-police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrying of Weapons When the officer has consumed alcoholic or intoxicating beverages. a. Officers are prohibited from carrying off-duty weapons when they expect to consume any alcoholic or intoxicating beverage regardless of amount. b. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. F. Review of Off-Duty Arrests Any officer conducting an off-duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on-duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest for review. ohnsonl - ' M. Acting Chief of Police WARNING This directive is for departmental use only and dc ' criminal or civil proceeding. The department policy should creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive wil only form the basis for departmental administrative sanctions. BOMB THREATS/ EMERGENCIES Date of Issue General Order Number JUNE 26, 2001 01-04 Effective Date Section Code JULY 1, 2001 OPS-05 IReevaluation Date Amends/Cancels JULY 2007 8/05 IC'A'L'E'A'46.1.5 Reference I INDEX AS: ~" Building Searches Communications .... I. PURPOSE The purpose of this order is to provide officers with procedures for dealing with actual or threatened bomb incidents to include response, deployment, search, evacuation and assistance to specialized units. II. POLICY While many bomb threats are later determined to be hoaxes, they all present particularly serious response requirements for law enforcement agencies. It is the policy of the Iowa City Police Department that all responses to bomb threats Ior emergencies be conducted systematically, efficiently and in a manner thatI gives primary consideration to the protection of human life, OPS-05.2 III. DEFINITIONS Bomb Threat: A bomb threat, condition exists when an explosive device has been reported or is suspected to be at a given location. Bomb Emergency: A bomb emergency exists when a suspected or actual explosive device has been located or detonated. Bomb Disposal Commander: Commander of Field Operations or designee. IV. PROCEDURES A. COMMUNICATIONS RESPONSIBILITIES 1. Communications personnel receiving bomb threats or warnings from callers shall, to the degree possible: a. Keep the reporting party on the line. ' b. Identify the location of the device with as much precision as possible and determine when it will be or if it has been detonated. c. Attempt to determine; 1. What the device looks like; 2. The type of explosive device which is involved; 3. What will make it detonate, (e.g., radio signal, time delay, fuse; ~ 4. Why was it placed? 2. Communications personnel receiving reports from individuals or organizations that have received bomb threats shall: a. Alert the supervisor in charge; b. Determine the location, time of detonation, appearance and any other available information concerning the nature of the threat or identity of the perpetrators; c, If no explosive device has been identified, ask the caller to check with employees and others for the presence of unusual parcels or items on the premises; d. Dispatch requisite patrol units and emergency personnel; and e. Ensure that the watch commander is notified as soon as practical. 3. Based on the nature of the threat, the supervisor in charge will, as required, make certain the following are alerted: a. Commander of Field Operations or designee; b. Chief of Police or designee; c. Fire, rescue and ambulance units; · d. Bomb disposal personnel; .... - e. Emergency rooms of local hospitals; :: 0PS-05.3 f. Public Information officer; g. Local utility companies; h. Determine the need for an incident command center. When a bomb threat is received, the supervisor in charge may cause bomb disposal personnel to be notified for informational purposes. If a suspected or actual device is located, bomb disposal personnel shall respond to the scene and the Bomb Disposal Commander shall have control of the bomb scene, with the Incident Commander maintaining overall control of the incident. 4. When a bomb threat is received in writing, every effort shall be made to preserve the notice as evidence. B. RESPONDING OFFICERS RESPONSIBILITIES 1. Responding patrol units should not use any electronic transmission device within 300 feet of the reported location. This includes car and portable radios, MDTs, Cell phones etc. 2. If applicable, responding officers will contact the individual who received the threat to obtain additional information, including: a. Whether previous threats have been received; b. Possible motives and/or suspects; c. Vulnerabilities of equipment and personnel; and !::, . d. Exploration of any basic information provided to communi~:_etions. 3. In bomb emergencies, responding officers shall establish and secu(~-,a suitable perimeter. . _: C. SEARCHING FOR EXPLOSIVE DEVICES ¥~!~: ~'~' 1. If'an explosive device is alleged to be within a building but has not been located, the supervisor in charge will contact building owners and/or management to determine if a search of the facility is desired. 2. The decision to search, evacuate or to reenter a structure/location during a bomb threat will be the responsibility of the individual in charge of the property. a. The supervisor in charge at the scene shall provide information, as available, to responsible parties in order to assist them in making decisions on searching, evacuation or reentry. b. If building management and/or the responsible party does not wish that a search be conducted, no further action by the Iowa City Police Department is warranted pertaining to a search of the premises. The Iowa City Police Department will folloW-up on all OPS-05.4 leads pertaining to the call and complete all reporting requirements. c. In cases where a real or suspected explosive device, as determined by bomb disposal personnel, has been detected, the officer in charge shall cause the evacuation of the property regardless of the desires of the responsible party and/or property management. 3. Searches of target buildings/properties shall be conducted only with the direct assistance of employees or others knowledgeable of the contents and layout of the building. a. The supervisor in charge may request the assistance of a bomb detection canine and/or bomb disposal personnel in order to assist in conducting the search. b. A search plan shall be developed identifying the extent of the search, depending upon the type of establishment, the motivation of the perpetrator and accessibility of the building. c. Whenever practical, a floor plan shall be obtained and a systematic search organized by the supervisor in charge. The search plan shall establish communications within the search area. d. In .no case will a member of this department declare that no bomb is present or in any way make the representation that the building is safe to enter or occupy; regardless of the thoroughness of the search. 4. When conducting a search without the assistance of bomb disposal personnel, officers should be particularly alert to the following items as indicators that there may be explosives at the location. Officers should be cautioned that the absence of these items does not assure the absence of an explosive device: a. Explosive-related pamphlets, periodicals and books; b. Excessive amounts of galvanized or PVC pipe nipples, and end caps, especially if they have drill holes in the nipple or cap; c. Low-explosive powders or other incendiary mixtures; d. Fuses of any type to include homemade burning fuses, such as string soaked in a burning powder e. Electrical switches; and f. Electrical matches, blasting caps or similar initiators. D. LOCATED EXPLOSIVE DEVICES 1. If a real or suspicious device has been located or e~xplosi~,e paraphernalia identified, officers should: a. Not attempt to move or otherwise disturb the device(s); ~; " b. Not use devices which transmit an electronic signal; OPS-05.5 c. Proceed with immediate evacuation of the structure and/or the area to a point consistent with the threat but not less than 300 feet from the device(s); d. Define and secure.the perimeter; e. Notify communications of the discovery of the device; f. Notify the bomb disposal unit. 2. The supervisor in charge is responsible for the briefing of investigators and ordnance specialists as appropriate. 3. The bomb disposal commander shall have functional authority at any bomb emergency to direct departmental personnel in a manner necessary to accomplish its mission in a safe and efficient manner. 4. In situations where explosive or suspicious devices 'are found, the watch commander shall notify bomb disposal personnel. This includes situations where citizens wish to surrender explosive devices and/or military ordnance. E. POST4NCIDENT INVESTIGATION The Department's Investigative Section shall have primary responsibility for investigating bomb incidents. During the investigation of bomb incidents, the department's bomb disposal personnel will work under the direction of the Investigative Supervisor or designee. The investigation is to include: 1. Checking the site for undetonated explosives or secondary devices; 2. Coordinating evidence recovery; 3. Requesting the assistance of other agencies to determine the nature and construction of explosives and identification of suspects; 4. Coordinating with intelligence operations of this department, and those of state and federal sources; and 5. Assisting in the evaluation procedures, area and perimeter security, the availability of emergency services and coordination with the incident commander. 6. Completion of all state and federal reporting requirements. F. MONTHLY REPORTING On a monthly basis, bomb disposal personnel shall forward a report to the' Commander of Field Operations. This report shall, at a minimum contaid: 1. The number and summary of calls received during the month~-: 2. The number and summary of bomb threats received during the month~~ 3. The number and summary of bomb emergencies during the month; 0PS-05.6 4. The actual number of explosive devices located during the month; a. Description of actual devices. 5. Number bf hours of explosive related training during the month; a. Summary of Training. M. C. ~,,,~nson, Acting Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-07.1 PERSONS WITH MENTAL ILLNESS rDate of Issue General Order Number August 15, 2005 05-01 I Effective Date I Section Code September 6, 2005 OPS-07 Reevaluation Date Amends / Cancels 8~08 New Issue C.A.L.E.A. Reference 41.2.8 INDEX A S: Use of Force Arrests Discretion Mental Illness Prisoner Transport · 7' .-, I. PURPOSE The purpose of this policy is to provide guidance when a person with a suspected mental illness has contact with members of the Iowa City Police Department. II. POLICY it is the policy of the IOwa City POlice Department to interact With mentall~ ill persons pursuant to Iowa law. Officers shall Use thiS polic~ teracting with mentally ill persons in a constructive and hu OPS-07.2 III. DEFINITIONS A. Mental Illness: Under Iowa Code §229.1(8), mental illness means every type of mental disease or mental disorder, except that it does not refer to mental retardation as defined in Iowa Code §222.2(5), or to insanity, diminished responsibility, or mental incompetency as the terms are defined and used in the Iowa criminal code or in the rules of criminal procedure, Iowa court rules. B. SeriouslY Mentally Impaired or Serious Mental Impairment: Under Iowa Code §229.1(16), Seriously Mentally Impaired or Serious Mental Impairment describes the condition of a person with mental illness and because of that illness lacks sufficient judgement to make responsible decisions with respect to the person's hospitalization or treatment, and who because of that illness meets any one of the following criteria: (a) Is likely to physically injure the person's self or others if allowed to remain at liberty without treatment; (b) Is likely to inflict serious emotional injury on members of the person's family or others who lack reasonable opportunity to avoid contact with the person with mental illness if the person with mental illness is allowed to remain at liberty without treatment;, or (c)-Is unable to satisfy the person's need for nourishment, clothing;': essential medical care, or shelter so that it is likely that the person will suffer physical injury, physical debilitation, or death. IV. PROCEDURES A. GUIDELINES FOR THE RECOGNITION OF PERSONS SUFFERING FROM MENTAL ILLNESS. The following are generalized signs and symptoms of behavior that may suggest mental illness although officers should not rule out other potential causes such as reactions to narcotics or alcohol or temporary emotional disturbances that are situationally motivated. Officers should evaluate the following and related symptomatic behavior in the total context of the situation when making judgements about an individual's mental state and the need for intervention. 1. Degree of Reactions - Mentally ill persons may show signs of strong and unrelenting fear of persons, places, or things. 2. Appropriateness of Behavior - A mentally ill individual may demonstrate extremely inappropriate behavior for a given context. 3. Extreme Rigidity or Inflexibility - A mentally ill individual may be easily frustrated in new or unforeseen circumstances and may demonstrate inappropriate or aggressive behavior in dealing with the situation. OPS-07.3 4. In addition, a mentally ill person may exhibit one or more of the following characteristics: a. Abnormal memory as to such common facts as name or address. b. Delusions - the belief in thoughts or ideas that are false, such as delusions of grandeur or paranoia. c. Hallucinations of any of the five senses (e.g. hearing voices, feeling one's skin crawl, smelling strange odors, etc.) d. The belief that one suffers from extraordinary physical maladies or abilities that are not possible. e. Extreme fright or depression. B. GUIDELINES FOR OFFICERS ENCOUNTERING MENTALLY ILL SUBJECTS. Should an officer determine that an individual may be mentally ill and a potential threat to himself, the officer, or others, or may otherwise require law enforcement intervention, the following steps should be taken. 1. Request a backup officer, and always do so when an individual will be taken into custody. 2. Take steps to calm the situation. Assume a quiet non-threatening manner when approaching or conversing. Where violence or destructive acts have not occurred, avoid physical contact and take time to assess the situation. 3. Move slowly and do not excite the disturbed person. Provide reassurance that the police are there to help and that appropriate care will be provided. 4. Talk with the person and try to determine what is bothering them. When possible and appropriate, obtain information from others that may assist in communicating with and calming the person. 5. Do not verbally threaten the individual with arrest or other action, as this will create additional fright, stress and potential aggression. 6. Avoid topics that may agitate the person. 7. Always attempt to be truthful with a mentally ill individual-.' If the person becomes aware of a deception, they may withdraw from the contact in distrust and become hypersensitive or retaliate in ange~!:-I OPS'-07.4 C. PROCEDURES FOR ACCESSING COMMUNITY MENTAL HEALTH RESOURCES. Based on the overall circumstances and the officer's judgement of the potential for violence, the officer may provide the individual and family members with referrals on available community mental health resources or take custody of the individual in order to seek an involuntary emergency evaluation. 1. Make mental health referrals when, in the best judgement of the officer, circumstances do not indicate that the individual must be taken into custody for their own protection or for the protection of others. 2. When the officer reasonably determines that a subject is mentally ill, and because of that illness may be a danger to themselves or to others, the subject shall be transported to University Hospital Eme[gency. Treatment Center for evaluation. If the individual is cooperative and agreeable with this decision, this action may be taken on a voluntary basis. If the person .is uncooperative, and the officer has reasonable grounds to believe that the mentally ill person is likely to physically injure the person's self or others if not immediately detained, the officer may without warrant take or cause that person to be taken to the University Hospital pursuant to Iowa Code §229.22. 3. Once a decision has been made to take an individual into custody, do it as soon as possible to avoid prolonging a potentially volatile situation. Remove any dangerous weapons from the immediate area and pat the subject down. For non-criminal transport, the officer will decide if the use of restraints is warranted. Using restraints on mentally ill persons can aggravate their aggression however officers should take those measures necessary to protect their own ·safety. 4. The hospital should be notified of the pending arrival particularly if the person is violent or extremely uncooperative. 5. On arrival at the hospital, the officer shall, either in person or by written report, describe the circumstances leading to the detention of the mentally ill person to the examining physician and appropriate staff 6. Subjects taken to the hospital for evaluation will not be left unattended until authorized personnel of the hospital indicate the(e, is no longer a need for law enforcement presence. OPS-07.5 7. The involved officer will prepare a report regardless if it is a voluntary or involuntary commitment. D. TRAINING Officers shall receive initial and ongoing training regarding interaction with persons suspected of suffering from mental illness. Documented refresher training for shall take place at least every three years, M.C J~ting Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. DEPARTMENT MEMO 05-33 TO: Captain Matt Johnson FROM: Captain Widmer REF: May/June Use of Force Review DATE: Aug 10, 2005 The bi-monthly "Use of Force Review Committee met on August 9, 2005. It was composed of Captain Widmer, Sgt. Lord, Sgt. Hart and Officer Leik. The review of submitted reports for May (12 incidents-22 reports) and June (15 incidents- 25 reports) revealed no policy or training concerns. Of the 27 incidents, 3 were for destruction of an animal. Only one report was returned this period for indicming an injury (checked on the from) but providing no indication on what the injury was in the narrative. Well done. One report is being returned as it failed to indicate that on a building search, a supervisor had been contacted prior to drawing a sidearm and conducting the search. The General Order OPS 08.1 covers this issue and should be reviewed if you have questions. Three reports are being returned through watch supervisors for corrections and/or completion. Contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders 8/10/2005 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT July 2005 OFFICER DATE INC # INCIDENT FORCE USED 51 070305 05-32173 Out with Subject Officer made contact with a subject regarding an investigation. Subject fled on foot. Officer caught up to subject and used hands on technique to stop subject from fleeing. Subject resisted handcuffing efforts and was exposed to a chemical irritant. 03,18 070305 05-32184 Disorderly Subject had been placed under arrest Conduct/Public and refused to enter a squad car to be Intoxication Arrest transported. Officers used control techniques to assist the subject into squad car. Subject later refused to exit the vehicle. Officers used control techniques to remove the subject from the squad car. 06 070305 05-32194 Traffic Stop Officer initiated a traffic stop. The driver failed to yield and Officer followed the vehicle with lights and sirens activated. Driver later came to a stop without incident. 06 070805 05-33173 Fight in Progress Officer observed subjects in a physical fight and tried to separate the involved parties with verbal commands. Neither responded. Officer then exposed subjects to a chemical agent. Subjects then stopped fighting and were taken into custody. 51 071005 05-33586 Attempted Burglary Officer observed a subject attempting to break into a business. Officer drew their sidearm and gave verbal commands. Subject was taken into custody without incident. 05 071605 05-34672 OWI Arrest Subject had been placed under arrest for OWI and resisted handcuffing. Officers used control techniques to place handcuffs on the subject. 06 071005 05-33622 Burglary Subject attempted to assault Officers and was exposed to a chemical agent. Subject then resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. 03,33 071405 05-34301 Public Intoxication Subject was placed under arrest for Arrest public intoxication and resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. 02,40,52,19 071505 05-34613 Suicidal Subject Officers responded to a report of a suicidal subject armed with a knife. Officers drew sidearms and less lethal munitions. Subject was taken into custody without incident. 58,19 071605 05-34801 No Contact Order Subject was placed under arrest for Violation violating a no contact order. Subject attempted to assault an Officer. Officers used control techniques to place the subject in a chair. 13 071705 05-34928 Suspicious Activity Officers approached a vehicle on foot that was suspected of drag activity. The vehicle fled and was later located. Officer drew sidearms while occupants of the vehicle were removed. Subjects were taken into custody without incident. 41,58 072605 05-36364 Public Intoxication Subject was placed under arrest and Arrest resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. 05 072905 05-37158 Loud Party Officer observed subjects shooting out street lights. Officer drew sidearm and gave verbal commands for the subjects to put their weapon, later found to be a BB rifle, on the ground. Subjects complied and were taken into custody without incident. 58 073105 05-37387 Fight in Progress Subject fled on foot from an Officer investigating a physical fight. Officers caught up to the subject and directed them to the ground where they were taken into custody. 19 073105 05-37498 Suicidal Subject Officers placed handcuffs on a subject that was trying to hurt themselves and refusing to go to the hospital. September 13, 2005 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #05-02 Filed: 05/05/05 Chief's Report due: 08/03/05 Chief's Report filed: 07/29/05 PCRB Report due: 09/27/05 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 2005 Date Description 7/13 Man called regarding current City Code for PCRB, and requested contact information for the Chair. 7/20 Man called regarding past number of complaints and actual dollars spent by the Board the first year. Sent actual dollar amounts and Annual Reports. POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS August 2005 Date Description 8/19 Woman called wanting to talk to current Chair, and requested phone number.