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Home My WebLink About03-21-2006 Police Citizens Review Board ITEM NO.1 ITEM NO.2 ITEM NO.3 ITEM NO.4 ITEM NO.5 ITEM NO.6 ITEM NO.7 ITEM NO.8 ITEM NO.9 ITEM NO. 10 AGENDA POLICE CITIZENS REVIEW BOARD March 21, 2006 -7:00 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street CALL TO ORDER and ROLL CALL CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED . Minutes of the meeting on 02/14/06 . ICPD General Order #95-01 (Emergency Operation of Police Vehicles) . ICPD General Order #99-02 (Alarm-Open Door Response) . ICPD General Order #01-06 (Juvenile Procedures) . ICPD Department Memo #06-07 . ICPD Use of Force Report - January 2006 OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION 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. MEETING SCHEDULE and FUTURE AGENDAS . April 11, 2006, 7:00 P.M., Lobby Conference Room . May 8, 2006, 7:00 P.M., Lobby Conference Room . June 12, 2006, 7:00 P.M., Lobby Conference Room . July 10, 2006, 7:00 P.M., Lobby Conference Room ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: TO: FROM: RE: March 17, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on March 21, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 03/21/06 . Minutes of the meeting on 02/14/06 . ICPD General Order #95-01 (Emergency Operation of Police Vehicles) . ICPD General Order #99-02 (Alarm-Open Door Response) . ICPD General Order #01-06 (Juvenile Procedures) . ICPD Department Memo #06-07 . ICPD Use of Force Report - January 2006 . PCRB Complaint Deadlines . PCRB Office Contacts - February 2006 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 - February 14, 2006 CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Candy Barnhill, Loren Horton MEMBERS ABSENT: Elizabeth Engel, Michael Larson STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Lt. Jim Steffen of the ICPD, Colin Burke from the Daily Iowan, and Addiel Gomez from the Daily Iowan TV RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #05-03. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION Motion by Horton and seconded by Barnhill to adopt the consent calendar. . Minutes of the meeting on 01/10/06 . ICPD General Order 89-02 (Department Disciplinary Philosophy) . ICPD General Order 01-01 (Racial Profiling) . ICPD Use of Force Report (December 2005) Motion carried, 3/0, Engel and Larson absent. None. None. None. Roth received a phone call from Chief Hargadine regarding the possibility of presenting a report to the Board, which has not been filed as a complaint to the Board, for review. Roth spoke with Legal Counsel Pugh and according to City Code the Board can not review unless the Chief would submit the report as a complaint of possible misconduct against an officer. Roth and the Chief also discussed that the Board also has the option, in highly publicized cases if there is reasonable belief of misconduct, to file a complaint as a Board. Pugh added that the City Manager, the Police Chief, the City Council, or the Board have that option. Anyone else filing a complaint must have personal knowledge of the alleged misconduct. After speaking with Pugh, Roth returned a call to the Chief and presented him with the information. Tuttle informed the Board that there are copies of the Citizens' Summary for the 2007 -2009 Proposed Financial Plan available if they would like one. PCRB February 14, 2006 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by Horton and seconded by Barnhill to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Engel and Larson absent. Open session adjourned at 7:12 P.M. Returned to open session at 8:08 P.M. Motion by Barnhill and seconded by Horton to forward the Public Report as amended for PCRB Complaint #05-03 to City Council. Motion carried, 3/0, Engel and Larson absent. Motion by Horton and seconded by Barnhill Horton to set the level of review for Complaint #05-04 to 8-8-7 (B)(1 )(a), On the record with no additional investigation. Motion carried, 3/0, Engel and Larson absent. Barnhill questioned whether there was a policy for media and where they could be during a public meeting for audio/video recording and the concern for confidential information being in plain sight during the open session. Pugh stated that the Chair should be able to request that the media record from a certain area. The Board agreed that this should be put on the next agenda for discussion. MEETING SCHEDULE . March 21,2006,7:00 P.M., Lobby Conference Room . April 11,2006,7:00 P.M., Lobby Conference Room . May 9,2006, 7:00 P.M., Lobby Conference Room . June 13, 2006, 7:00 P.M., Lobby Conference Room Barnhill will possibly be gone for the April meeting. ADJOURNMENT Motion for adjournment by Horton and seconded by Barnhill. Motion carried, 3/0, Engel and Larson absent. Meeting adjourned at 8:15 P.M. : 200,,-, '~i'i '" II II II II II 2Z>>"l:I ooo-O":!: ..... ~ C'-' ,... ~ S ("p ~ ~ ",'" " " " ~('D~l"'I-_ t'tl C". tr:l " " " ,,~ '"' >:::1' = ." '" ..., ." Q. ~ ~ t"'i::: C'l :I:t'" I"ll"l Ci:lt'"l .. ~. .., '" '" == =: .. .. .., " " .., .., .. N .., " 2: ~ ... .. -" " .. " 0. '" .. '" '" " - C' ~~ ~ " ~ " " '" - - ... I"l ... ;g ;g ;g ;g '" I"l>-l ~I"l <3 <3 <3 <3 <3 :-o~ '-0 '-0 00 00 -..J ~ ~ ~ ~ ~ ~ ~ '" 0 ~ ~ 0 ~ ~ M M ~ .... . ~ ~ ." ." ... -. ~ 0 ~ ... ~ "l:I o t"" .... >I"l ,..,l"'l ,..,I"l l"'l.... o<z::l l"'lON >>l"'l ....ZZ ""I"loo ~l"'l~ ~~< I"l.... Ol"'l ~~ o > ~ OPS-06.1 "..."..,~i"'.,.,\,\', ,.11' ..- .", \~ ''''':'' ' ,1t'h" i"I~~5?----';--\~\\\~\:. /;Y o\fJ_~--o-__E~?-J.- -;~\:'lj t'!,. ~,,<, ,,::~ -~~ '-):J t:.' r, !h ---' '"",',~y ",- ,.,'___ /,\\',' ~J:"'_:Ji ;~\'2:.:\\' ~l~.-'::-I',,' ~ tl.,;....:JJ~I.. f,~:'!...~.i;..},.~,j,:j'~~,~";. ~V' r, a~CF~E: t1' ~~-, ~<. 0' ~"'------=,-..; ~t1! e/T,,'~ I~\ .~~--.J,.1. .~-'~.~., ~; EMERGENCY OPERATION OF POLICE VEHICLES Date of Issue January 23, 2001 General Order Number 95-01 Effective Date March 2, 2006 Section Code OPS-06 Reevaluation Date Janua 2007 Amends OPS-06lssued Feb 1, 1995 CANCELS OPS-07 SAFETY BELTS I C.A.L.E.A. 41.2.1,41.3.1,41.3.3 I Reference INDEX AS: Emergency Communications Traffic Stops Police Vehicle Pursuits Seat Belts Occupant Restraints o ;Eo r;:'=l '" ,:" 0,> 0, 2l' "-~ -- ,., .--., -~ _'\.i I J =-1 c-, ~ :::: ~-< r-. 1-,....., ~-~:.:;; ~:.a ;g -';>:- I. PURPOSE ~ ' - .::;- The purpose of this order is to clarify the operation of departmental vehicles Tn- non- pursuit situations. 11 r--, ,-J II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. When responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. III. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect. OPS-06.2 IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine - Non-life threatening or property damage producing incidents. I.e. shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non-emergency calls. Routine responses involve no use of either emergency lights or siren. When an officer is operating in a routine mode, he/she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent - Immediate response, though there is no imminent threat to life or property. Emergency lights/siren may be used intermittently at the officer's discretion. I.e. property damage accident with roadway blocked. Urgent responses involve the use of emergency lights. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while responding to an emergency assignment. ,...., - C:::) A. No unit assigned to departmental personnel shall be drive62ilJ. suEf.l a manner or at such a speed that the operator is unable to safBjf1"naiDIain control of the vehicle. C) -:' 0;" . I I B. No unit shall be driven through an intersection which is contl'9~ by> ani automatic traffic signal when the red light is showing until satd1'unibhas~ slowed to such a speed that they could safely come to a stop5flte o1ficer:J mav then proceed with caution onlv after determininq it is safe tOJio so. ;;.. C. No unit shall be driven through an intersection which is controlled by a-stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The operator may proceed after determining it is safe to do so. D. 'Sirens shall be used whenever necessary in the judgment of the officer driving the vehicle. (There are many times when the use of a siren is unnecessary and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the respondirig officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the opinion of the operating officer, it is necessary to stop violators and/or alert passing or oncoming drivers to dangerous situations such as accident scenes. Once the immediate or apparent need for displaying emergency lights is over, they shall be turned off. In a case where emergency lights are used to stop a violator, they shall be turned off after the violator is stopped and shall not be displayed during the writing of OPS-06.3 a citation or while conversing with the driver unless, in the opinion of the operating officer, the vehicles are stopped in a position that might create a hazard. The use of emergency lights and/or siren are dictated by the particular circumstances of a call. Examples include, but are not limited to: A. Responding to a call where there is an immediate threat to person or property. B. Stopping a vehicle on the roadway. C. At the scene of an accident. D. At a traffic control assignment. E. At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his/her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his/her actions. Factors which the officer shall consider in determining the speed at which a police vehicle is oper~ed include but are not limited to: 0 g -- "" A. the officer's ability to control the vehicle; ~ CJ ::10: p...----: );:> B. roadway conditions; ::.) :::( = 11 C. light conditions; =) c; c:., D. traffic conditions; ,<: F! " m E. nature of the offense or situation; 0 ~ :3: U F. the danger posed to the public and the officer by the speed of thEfiehlcle::- The ultimate responsibility for the safe operation of a police vehicle is withiile oPElWtor of the vehicle. When responding to a call for service, a self initiated call or a pursuit; officers are expected at all times to exercise the highest degree of care. The operation of a vehicle against traffic on one-way streets or controlled access roadways shall only be performed under the most extreme circumstances and, when practical, permission is received from a watch supervisor. When an officer is notified of an actual or potential emergency situation by other than the communications center, the receiving officer shall report to the communications center the nature and location of the incident. When practical, the name of the person who made the initial notification to the officer should be recorded. PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life-threatening or potentially life- 3 OPS-06.4 threatening situations. Calls shall be categorized and dispatched according to the following priorities: A. Priority 1 : Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life-threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in-progress crime against a person etc. Officers responding to Priority 1 calls may respond in an urgent or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include; intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in a Code 3 or urgent mode, or a combination of both. C. Priority 3: All other routine calls for service which require a timely, but non-emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first-aid calls which do not involve life-threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a routine mode. D. Priority 4: Calls for service which are of such nature that they may be taken when the area car is available. Priority 4 calls include but are not limited to animal complaints, parking problems which pose no traffic hazard, etc. Officers,.l&i11 respond to Priority 4 calls in a routine mode. 0 ~ - ~<:O J>=:J , :::r: )c~ :;;0 I W Tl ~.1 ~ ,..~~. ,.---" ".-::~ :~--... I n"1 -;- :J:l 0-,-- <C,"-.. :& :::: ~ m .~ ~....J -- - 4 OPS-06.5 UNIT ASSIGNMENT To the extent possible the nearest area car will be assigned as the initial unit of a Priority 1 call and will normally respond in either an urgent or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in an urgent or Code 3 mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in a Code 3 mode. To the extent possible, the nearest area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either an urgent or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to urgent or Code 3. Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the ECO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or terminate the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles may respond to incidents, they should not be assigned as the initial unit on an emergency call. All unmarked vehicles used for traffic enforcement shall be equipped with emergency lights and siren. "0 PURSUIT 0 g Officers of the Iowa City Police Department engaged in pursuit shall~QJI1pl~with . section 321.231 of the Code of Iowa and will be governed by the lo~ :t<ity m>lic8-rI Department General Order # 99-01 Police Vehicle Pursuits. =} r;; c:, ,:.::::: . " n.) -0 OZJ. ::&: --.......'" ~ j-rl .. . ~ '-' .::- OPS-06.6 ESCORT SERVICE At no time shall private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) be given an escort by a member of this department. With prior notice a watch supervisor may authorize an escort of a funeral procession or special event. This section does not preclude officers from guiding "lost" motorists, or providing non- emergency escorts for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative and it does not compromise the safety of the officer(s) involved. sa~~olice WARNING This directive is for departmental use only and does not apply in anycriminCjI prCivil 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. o ~~! -' .. ~-' '''' c::;. eo, en ..". :;;; :.:z:l II r- IT! ("-1 '"""J ,-" -.., ;~F~" ,....,..~ ii' -~~ 0....-) <:::"7':::: :S I W -0 ='l: .c- OPS-08.1 "'~". "'\' /JI:.'~ . .~ ,,'..: '):,' 'r o. . 11';\ e"\',>. '1"\";\\ '/'i""P~:'~-;::_'" .\-\~8, .,....~.-/~A C/j ~';. .fi/:~~'J;~:?:::~:::/;/ ~\~,I, i",~ r:,:"~" '\.. ~I\' '~'.,,-,-,\. "-~'j, ~I;.;,:,:.l t;j .i,,'J],,1 '..t.'1.v<O!,}y"~,".....-:.,,.<'/~_,. "'. ,,~~ ~'::.:.~E:--"';'~/' ~~~_~$I ~~-- ,[''''$'' ~/J~Jr\~1.4 .,~~. ALARM - OPEN DOOR RESPONSE Date of Issue Februarv 9, 1999 General Order Number 99-02 Effective Date March 2, 2006 Section Code OPs-08 Reevaluation Date Februa 2007 Amends / Cancels De artment Memo 96-56 CAL.E.A. 1.2.4,1.3.6,81.2.13 Reference See Index INDEX AS: Use of Force Supervisory Responsibility Building Search Alarm I Open Door Response Canine Procedure ,..~ 0 C~.1 C-~ <() c~ ~. .J s: ?- __' ----J -<: ::.~;; 11 C) I --.! r", W i '", j ./ '~1 , \ I CT'i -0 1'"J -r, ::x: r-1 ~ =::;:~ '0 ..'-/, - ,< o. J> .- I. PURPOSE The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms, bank alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms, bank 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. IV. OPS-08.2 DEFINITIONS o :Eo :r> __"! ...., = ~j "" - _,:h PROCEDURES A. ~ = Il ""-"'~-" I ~=(-" W . -,' r rT) ~..: c;=; ~ ~".:-.~ 0=.:::: -"'" \.J ~/., When a member of this department responds to a burglagalarm,,;{he officer should respond in a safe and reasonable manrr€r. w.ben 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: BURGLAR ALARMS 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 OPS-08.3 secure the building, the supervisor of the day watch will attempt to contact a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return it to the Police Department. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports. B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open door, the following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advis~d of the date and time of the incident and be asked to 6)mple@i an emergency contact card. ~ c:; s: . :;OJ i'" .....--,_.; I I C. SEARCH PROCEDURES .._.1(-; , w ,-< t -0 ;-n 1. If a property representative is not available andClliire::PS a\.J reasonable basis on which to conclude that an emergEjCYthr~~t to persons and/or property exists, a supervisor may autijQrize 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 will be required only if an individual other than other police officers are encountered. In instances where multiple officers are involved in the search of a building and an individual is encountered, 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. ....., o ~ ;;:20 ::;,; P-i ~ Il instifu}!1:Jns i3hal~- --\ '- ~, . ---....- r-l =-'''i:-: -0 ~ -:.0 --=-- r ' () _;~',. \..._.J ~/" - D. BANK ALARMS Officers responding to bank alarms or other financial utilize the authorized departmental protocol. N , Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third.party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-19.1 ;:l:';s" 'r\~\~ "r:~'~~~:J1titti \'\ v'i4~.J-'_~;":~--->\~'_\~' '\::\\ '<::~/-/~A CirJ-~~'i (;:.,~ ,? /~~~--:- \:-)J ". ~~,t, .t \; '4-' ,y Q' '\\,_ I\\ t!!.~ 1:;:' ~'~-,\" v:,'W If. "',---" ~. ~'J' ~I",C"",..I i;j ","'~ J",I :';'~~k.("~~;'~~'j>. '~Wa'tfC~' "~-c-;;,'Y1J <>',- -~(e(~ ~/L~f~f~ -'~~ J UVEN ILE PROCEDURES Date of Issue NOVEMBER 20, 2001 General Order Number 01-06 Effective Date March 2, 2006 Section Code OPS Reevaluation Date JANUARY 2007 I C.A.L.E.A. Chapter 44 Amends / Cancels I Reference (-) :?c) ':"\:..::..:.._- ~,,~ . '~, .:J ~ e;.i.;' :;0 1 W -0 :J.: CT] ---, ''.J INDEX AS: Arrest Investigation Procedures Searches 11 I. PURPOSE The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, ,custody, and child welfare situations. =1C :: /er----- .::'......1:-.] '--,"" O=:"'~ ~/.... <: ):> .<:- II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency, The Departments juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non-criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes, While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non-secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community. OPS-19.2 III. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult. Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non-Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile 1. is held in an unlocked, multi-purpose area that is in no way designed for residential use, such as a report writing room or an office; 2. is at no time handcuffed to any stationary object; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; and 4. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; _ :?5 2. informal counseling to inform the youth of the consequences of @~tiol$; 3. informal referrals to community services; J:::: ,:cj ~ "Il 4. referral to parents or responsible adult; ~2 .." I __ 5. informal counseling of parents or responsible adult;::2 P w ! 6. limited non-secure custody and warning at the PD; 5 2J ~ \=J 7. issuance of summons or complaint; :;2:.h _ 8. arrest under non-secure custody; and )> ,t:- 9. arrest under secure custody. Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. OPS-19.3 B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents: I. Release without further action following informal counseling may be appropriate in certain minor incidents. II. When in the officers opinion, more than informal counseling needs to occur, the officer may elect to do one or more of the following: Make contact with the juvenile's parent(s), guardian or other responsible adult; make a referral to an appropriate community service agency with or without follow-up; detain the juvenile at the PO until he/she can be released to a parent or guardian. These actions may be appropriate when: A. the incident is of a more serious nature; or B. the attitude conveyed by the juvenile demonstrates a lack of realizing the seriousness of the incident; or C. the juvenile has received prior warning, referrals, or has engaged in previous delinquent acts; or O. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision III. Officers may make a criminal referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers should make a criminal referral against juveniles when they commit: ,.." A. Acts that if committed by an adult would be serious misdemear@' or hi~er level charge. ~ Q ~~ B. acts involving weapons; C) =,: ~" Il C. gang related offenses; -i C W O. acts which are assaultive in nature; ,< F,1 " iT] E. acts committed while on probation or when they have char~erli!Rng 0 against them; :2::/'< 7."' F. acts as repeat offenders or when they have refused to participatJfn divetSlon or intervention programs; or G. When it has been determined that parental or other adult supervision is ineffective. When a juvenile is taken into custody, he/she should be transported to the police department or the detention facility as soon as reasonably practical, after being taken in to custody. IV. An officer may also take a juvenile into custody if the juvenile is in imminent danger to life or health, seriously endangered or is a runaway, or in violation of an order of disposition. In all such cases these juveniles shall be held in non-secure custody and officers should contact the juvenile's parent(s) or guardian as soon as reasonably possible. When the parent(s) or guardian cannot be contacted or refuse to accept custody, the officer should contact the Youth Shelter for placement. OPS-19.4 V. In cases of alleged child abuse or endangerment, first insure the safety of the child(ren) / juvenile involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or whether the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his/her watch to the investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the child(ren)/juvenile. C. Status Offenses I. Based on the seriousness of and circumstances surrounding the offense, the background and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his parents, guardian or other responsible adult. Prior to releasing a juvenile to someone other than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. When the juvenile is released to someone other than a parent, the officer shall identify and document the person taking custody prior to the release of the juvenile. II. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. III. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when in the judgement of the officer, the juvenile presents a risk of injury to themselves or others. IV. Officers shall pay particular attention to juveniles under the influence of alcohol or drugs to determine whether emergency medical services are warranted. V. Juveniles taken into custody for ~tatus offenses shall be held in non-secure custody, for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. VI. Transportation of a juvenile in a "caged" vehicle is not considered secure custody. - ,,~ VII. Sta.tus offenders and other juveniles taken into custody should not ~ flace!in an area With adult suspects and shall alsO be: .v::::- ?; 1. under constant observation; G 7c, 11 2. afforded reasonable access to toilets and washing facilitieffi;?,C-:: c.v ;-:::::::: 3. provided with access to water or other nourishment as ne~~: ;g iT! 4. allowed reasonable access to a telephone. ;5: ~ _ 0 j;; " ..::- - OPS-19.5 D. Criminal Offenses I. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgement of the officer, the juvenile presents a risk of injury to themselves or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. II. Unless the juvenile is placed in shelter care or detention, the juvenile shall be released to their parent, guardian, custodian, responsible adult relative, or other adult approved by the court. III. Fingerprints and photographs of juveniles shall be taken in conformance with the Code of Iowa chapter 232.148. IV. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. When practical, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. VI. Prior to requesting consent to search from a juvenile, officers should attempt to contact the person in actual control of the property to be searched. When requesting consent to search from a juvenile, officers shall consider the age of the juvenile. Officers should not request consent to search from juveniles appearing to be under the age of fourteen. When requesting consent to search from a juvenile, the requesting officer shall clearly explain the voluntary nature of the request and the right of the juvenile to refuse the request. A. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. This section does not. appl~ when the property to be searched is a motor Oehicle ~d under the control of a Juvenile. ;'0; C) ~ )S.::::' ;,;; ::tJ I W .~32 .,....... ___~ rn f""l_XJ '- ~- s......., );; 11 - -- -" -".. -~ :1/ ,--, \.J ,::- - OPS-19.6 E. Reporting I. Officers shall document contacts with juveniles on the Departmental Juvenile Complaint form. The form shall be filled out as completely as possible. Juvenile contacts include but are not limited to: A. When a charge is filed or contemplated, other than the exceptions contained in chapter 232.8 of the Code of Iowa. (cite and release exceptions) B. transport of juveniles; C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note on the complaint that it was a FI contact. D. juveniles in the company of others at the proximate time an offense was committed; E. Other circumstances as determined by watch supervisors or the Report Review Officer. II. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. III. On an annual basis the Sergeant of Planning and Research shall analyze, evaluate and report on the enforcement and prevention actions taken by the department. The report shall include both a quantitative and qualitative component. The report should contain recommendations for the continuance and/or modification of current departmental efforts and or directives. . Samuel Harg e, Chief of Police WARNING -0 -~ - ill ,-, '--' - .. "'- - lOW A CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2006 OFFICER DATE INC# INCIDENT FORCE USED 95 012906 4970 Fight in Progress Officers used control techniques to separate two subjects who were involved in a physical altercation. N 18 012406 3899 Loud Music Subject was placed under arrest and Q :of resisted handcuffing efforts. Subject r',< N ,,/::-~ took an assaultive stance and refused to '--< ::lC =cc-; comply with verbal directives. Subject UJ 0... L! was exposed to a chemical irritant ._,J c- '...> allowing Officers to place them in hand LL N cuffs. rn --"- w '-- <::c "- 26.)<:; 012806 4876 Trespass Subject was placed under arrest and "" - C'::;;) Q resisted handcuffing efforts. Officers .;;::;:, "'~ used control techniques to place the subject in hand cuffs and escort them to a squad car. 59 012806 4896 Traffic Stop Subject had originally failed to stop for Officers regarding a traffic violation. Subject then refused to exit their vehicle and show Officers their hands. Officers drew sidearms until the subject complied and was taken into custody without further incident. 05 012605 4429 Medical Transport Subject had intentionally injured themselves with an edged weapon. Officers used control techniques to prevent the subject from additional injury while also placing them in handcuffs. 58 012006 3106 Fight in Progress Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 18 011806 2727 Bar Check Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 06 011606 2550 OWl Subject assaulted an Officer. Officers used control techniques to place the subject in handcuffs. 18 011506 2247 Out with Subject Subject was placed uuder arrest and resisted hand cuffing efforts. Officers used control techniques to place the subject in handcuffs. 58 011406 2042 Assault Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 23,60 011206 1615 Fight in Progress Subject had been armed with a knife and attempting to harm themselves. Subject refused to comply with Officer directives. Officers used control techniques to place the subject in handcuffs. 16,40,59,13,42 011206 1752 Arrest Warrant The Special Response Team was ,51 deployed to assist in taking a subject who is known to go.armed into custody. Officers drew sidearms and long weapons during this incident. Subject was taken into custody without incident. 13,05 011006 1408 Shoplifter Subject had been placed under arrest and resisted handcuffing efforts. Officers used control techniques.to place them in handcuffs. 95 010806 1047 Assault Officer used control techniques to deter a subject from assaulting another. 38 010706 867 OWl Officer used control techniques to prevent a subject from attempting to flee from an OWl investigation. 51 010206 165 Suspicious Person Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques and exposed the subject to a chemical irritant to place the subject in handcuffs. 40 010106 153 Injured Deer Officer used sideamc:l' dispat'!l!~n injured deer. -<;: ;:y" ~_ 0 -., )'-.... =_., rt, Il 0) CJ N =':C .' -.J ,-- '-(i' :-n , ~ li' ~-'''-1 02~ ~ '~J <;:....-" N )> 0 N "A'>~'" ,,\\\~ I"'s,'" "i\i'~ 1-,1fI, " '. -_ _ .,'\l:.~ ,',:"i94''!E-~)~h\~~, ~ ../f~ ~'-:-.... i.-Y-O'i'J ~ CI i.~~\\, '.',., - -",;,;r ._, w.-c, "'/-" --'\'," ~','\,_ :liJ:" x:,.'w----\"lt' ~~l;~<'0.w~ I~':'''--l_ii;l~ l..cJJ",1 <:;"-""'~'\o",,-:, f""" ""4 ~1~~P~~E~i'!1 ~\.P at:: 1.9--D!11 1~~-'-:~1~ lj~~t, "<~;;a-"':' DEPARTMENT MEMO 06-07 TO: Chief Hargadine FROM: Captain Widmer REF: September - December 2005 Use afForce Review DATE: February 15, 2006 The "Use of Force Review Committee" met on February 14, 2006. It was composed of Captain Widmer, Sgt Lord, Sgt Hart and Officer Gass. The review of submitted reports for September (21 incidents-27 reports), October (25 incidents- 35 reports), November (19 incidents-26 reports) and December (16 incidents-25 reports) revealed no policy or training concerns. Of the 81 incidents, 6 were for the destruction of animals, 12 were for drawn sidearm only (building search or felony stop) and one involved deployment ofK-9 in making an apprehension. Two reports are being returned. One involved not addressing a noted injury to the officer in the body ofthe narrative. A second is being returned as the use afforce report submitted listed two other officers as being involved in the hands-on control, but only one report was submitted. During the course ofthe review, it was noted that in November and December, the length of the narratives greatly increase. This seems to be the result of the new requirement of supervisors documenting their review in narrative form. This matter will be brought up at monthly full-staff review for discussion. Copy: City Manager, PCRB, Watch Connnanders, Review Committee ...., 0 = = .>r--., "" ." ~~~ ... .'- OJ Il .-., -< , ,- CJl :-2 -- III /:": 52 --, 0 =~:'::: \_-) :> -" \..0 j> W March 21,2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #05-04 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): Extension Request (30 days): PCRB Complaint #06-01 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): PCRB Complaint #06-02 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): 11/02/05 01/31/06 01/10/06 02/24/06 03/27/06 02/03/06 05/04/06 03/02/06 05/31/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS February 2006 Date Description None 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 r.., . ~ " ; Complainant , '--i Stephen Atkins, City Manager ,._, ",: --:. Sam Hargadine, Chief of Police Ii - ....-- Officer(s) involved in complaint C:-, , _.,:] -~ -, - . FROM: Police Citizens Review Board - j',) -- ).> 1"0 RE: Investigation of PCRB Complaint #05-03 'J\ DATE: February 14, 2006 .------- .-----.----1 ~This is the Report of the Police Citizens Review Board's (the "Board") review of I IJIle investigation of Complaint PCRB #05-03 (the'Complaint'L __ ~ Board's Responsibilitv Under the City Code of the City of Iowa City, Section 8-8-78 (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 27 September 2005. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on 27 December 2005 and was filed with the City Clerk on 21 December 2005. The Board voted to review the Complaint in accordance with Section 8-8-7B (1) (a), on the record with no additional investigation. The Board met to consider the Report on 10 January and 14 February 2006. Findinqs of Fact The Complainant alleges "Improper Conduct" and "Differential Treatment" on the part of an Officer of the Iowa City Police Department. On 22 August 2005, Officer A was off-duty and in his personal vehicle, but was not the driver. He observed a traffic violation by the Complainant, contacted the ICPD by telephone, reported the violation, and requested citations be issued. The driver of the Officer's car continued to follow the car being driven by the Complainant until both vehicles pulled off the street, at a considerable distance from the alleged traffic violation. Officer B arrived and began to question the Complainant. At this time the versions of what happened are in dispute. The Complainant alleges that Officer A got out of his personal vehicle and began to enter ,nto the situation by accusing the Complainant of untruths, using a loud tone of voice, and raising his arm in the direction of the Complainant. Officer A agrees that he did leave his vehicle in order to provide information about the alleged traffic offense. Officers A and B, and the driver of Officer A's personal vehicle maintain that while Officer A did enter into the situation, the gesture with the arm was only for emphasis, not done in a threatening manner; Officers A and B agree the voice was not raised to an unusual pitch. The Complainant further asserts that Officer A behaved in this improper manner because of the race of the Complainant. Officer B wrote two traffic citations for the Complainant, and the validity of these citations are not in dispute by the Complainant. Conclusion The Police Citizens Review Board finds that there is no evidence to support the complaint that Officers A or B behaved in an improper manner because of the Complainant's race, which seems not to have been brought into the situation at all at the time the citations were written. The PCRB finds that the Complainant seems to have no complaint about Officer B, except in allowing Officer A, in an off-duty status, to enter into the situation when Officer B was gathering information preparatory to issuing traffic citations, The main thrust of the complaints is against the behavior of Officer A, The Complainant believes that Officer A should not have inserted himself into the situation, However, the adopted policies of the ICPD Rules and Regulations (Section 345.14) and the ICPD Policies and Procedures Manual (Leg-05-01 IV, C-2) do provide for the off-duty conduct of officers, and it does not appear that the conclusions of the Chief of Police's Report can be considered to be unsupported by substantial evidence, nor that the findings are unreasonable, arbitrary or capricious, @Jhat the findings are contrary to an ICPD policy or practice or any federal, state,:Qr10caT' --,., law ~ ' I 0'\ -.,. ~J . i .. N -;? f',} (:;'~ Complaint #05-03 Allegation # 1: "Improper Conduct" is not sustainecl. Allegation # 2: "Differential Treatment" is not sustained, Comment The Police Citizens Review Board considered ICPD General Order Number 00-05, "Off-Duty Conduct: Powers of Arrest"; ICPD General Order Number 99-07, "Traffic"; and ICPD General Order 01-01, "Racial Profiling" in coming to its conclusions, - 1\ __M' 0'- 0"\ . , 0 - .-- ,<! 1"'.) :;1