HomeMy WebLinkAbout10-16-2007 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
October 16, 2007 — 5:30 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM NO.1 CALL TO ORDER and ROLL CALL
ITEM NO.2 REPORT FROM NOMINATING COMMITTEE
ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING
COMMENT: As the By -Laws do not prescribe the method of voting, the Board
will need to make a motion to fix the method of voting. Nominations can be made
by balloting or from the floor. Voting can be by voice vote, show of hands, or
ballot. The Board should decide if the basis for decision is majority vote of the
total membership and procedure for canvass of ballots.
ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 09/11/07
• ICPD General Order 05 -01 (Persons With Mental Illness)
• ICPD General Order 07 -02 (Detainee Processing)
• ICPD SOG #01 -15 (Criminal Investigations)
• ICPD Quarterly Summary Report (Quarter 3) — IAIR/PCRB, 2007
ITEM NO. 7 OLD BUSINESS
PCRB -Page 2
October 16, 2007
ITEM NO. 8 NEW BUSINESS
ITEM NO. 9 PUBLIC DISCUSSION
ITEM NO. 10 BOARD INFORMATION
ITEM NO.11 STAFF INFORMATION
ITEM NO.12 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• November 13, 2007,5:30 P.M., Lobby Conference Room
• December 11, 2007,5:30 P.M., Lobby Conference Room
• January 8, 2008, 5:30 P.M., Lobby Conference Room
• February 12, 2008, 5:30 P.M., Lobby Conference Room
ITEM NO.13 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
October 12, 2007
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on October 16, 2007
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 10/16/07
• Minutes of the meeting on 09/11/07
• ICPD General Order 05 -01 (Persons With Mental Illness)
• ICPD General Order 07 -02 (Detainee Processing)
• ICPD SOG #01 -15 (Criminal Investigations)
• ICPD Quarterly Summary Report (Quarter 3) — IAIR /PCRB, 2007
• PCRB Office Contacts — September 2007
• PCRB Member Contacts Update
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 — September 11, 2007
CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Elizabeth Engel, Loren Horton, Donald King, Greg Roth
MEMBERS ABSENT: None
STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh (5:36 p.m.)
STAFF ABSENT: None
OTHERS PRESENT: Captain Tom Widmer of the ICPD; City Attorney Eleanor Dilkes; City Clerk
Marian Karr; UI Journalism Student, Megan Eatough; and public, Caroline
Dieterle and Dean Abel
RECOMMENDATIONS TO COUNCIL
None.
INTRODUCTION OF NEW BOARD MEMBER
Donald King introduced himself and gave a little background about himself to the
Board.
CONSENT
CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 07/10/07
• ICPD General Order 95 -04 (Administration of Department Training)
• ICPD General Order 98 -02 (Policy and Operating Procedures Manual)
• ICPD General Order 99 -07 (Traffic)
• ICPD General Order 00 -04 (Body Armor)
• ICPD General Order 00 -05 (Off -Duty Conduct: Powers of Arrest)
• ICPD General Order 01 -04 (Bomb Threats /Emergencies)
• ICPD General Order 01 -05 (Officer Involved Shootings /Lethal Incident
Investigations)
• ICPD General Order 07 -01 (Patrol Rifle)
• ICPD SOG 07 -01 (All Hazards Plan)
• ICPD Department Memo 07 -31
• ICPD Use of Force Report (May 2007)
• ICPD Use of Force Report (June 2007)
• ICPD Use of Force Report (July 2007)
Horton had a question on General Order 95 -04 on the last page letter D regarding
the definition of "biased based contacts ". Widmer explained that what that means is
if someone was pulled over based on race or gender. A contact made on bias only.
Motion carried, 5/0.
OLD BUSINESS None.
PCRB
September 11, 2007
Page 2
NEW BUSINESS Select Nominating Committee — Motion by Horton, seconded by King to have Roth
and Engel serve on the nominating committee. Motion carried, 5/0.
Update on addition of PCRB Charter Amendment to November ballot — City Clerk
Marian Karr and City Attorney Eleanor Dilkes updated the Board on the addition of
the PCRB Charter Amendment to the November ballot and what impact it would
have on the Board.
PUBLIC
DISCUSSION Caroline Dieterle expressed that she had come to the meeting to be sure the Board
knew about the amendment on the ballot and that she is a strong supporter of the
PCRB. Dean Abel thanked staff for the clarification on and preparing the memo
regarding posting of meetings. He also asked if the Board had questions regarding
General Orders, when they would ask. Larson clarified that when the Board has
questions they ask them at the meeting, in open session, before they vote to adopt
the consent calendar.
BOARD
INFORMATION Horton and Larson announced they would not be able to attend the October 9th
meeting.
STAFF
INFORMATION Tuttle announced that the 2 -yr Council review of the PCRB will be on the September
17th City Council work session agenda. In the past a Board member has been in
attendance at the meeting to answer any questions Council may have, although it is
not mandatory for someone to be there. Larson will check his schedule and get back
to staff.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• October 9, 2007, 5:30 PM, Lobby Conference Rm (Rescheduled to October 16)
• October 16, 2007, 5:30 PM, Lobby Conference Rm
• November 13, 2007, 5:30 PM, Lobby Conference Rm
• December 11, 2007, 5:30 PM, Lobby Conference Rm
• January 8, 2008, 5:30 PM, Lobby Conference Rm
Motion by Horton, seconded by Roth to reschedule the October 9th meeting to
October 16th due to scheduling conflicts and possible quorum issues. Motion carried,
5/0.
Horton announced that he will be unable to attend the December 11th meeting.
ADJOURNMENT Motion for adjournment by Engel and seconded by King.
Motion carried, 5/0. Meeting adjourned at 5:54 P.M.
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OPS -07.1
Persons With
Mental Illness
Date of Issue General Order Number
August 15, 2005 105-01
Effective Date Section Code
September 14, 2007 OPS -07
Reevaluation Date Amends / Cancels
August 2010
C.A. L. E. A.
41.2.7
INDEX AS:
Use of Force
Discretion
Prisoner Transport
I. PURPOSE
Reference
Arrests
Mental Illness
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 mentally
ill persons pursuant to Iowa law. Officers and other agency personnel who
may come in contact with the public shall use this policy to assist them in
interacting with mentally ill persons in a constructive and humane way:
C
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 mentally
ill persons pursuant to Iowa law. Officers and other agency personnel who
may come in contact with the public shall use this policy to assist them in
interacting with mentally ill persons in a constructive and humane way:
OPS -07.2
Ill. 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 judgment 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.
C. Applicable Employees: Those employees of the Iowa City Police
Department, in addition to sworn officers, who are reasonably likely to
interact with persons suffering from mental illness during the course of
their regular duties. Applicable employees include Community Service
Officers and Emergency Communications Operators.
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 and applicable employees-
should not rule out other potential causes such as reactions to
narcotics or alcohol or temporary emotional disturbances that are
situationally motivated. Officers and applicable employees should
evaluate the following and related symptomatic behavior in the total
context of the situation when making judgments about an individual's
mental state and the need for intervention.
OPS -07.3
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.
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.) C)
d. The belief that one suffers from extraordinary physical r aladies
or abilities that are not possible.
e. Extreme fright or depression.
B. GUIDELINES FOR OFFICERS ENCOUNTERING MENTALLYILL
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.
OPS -07.4
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 anger.
C. PROCEDURES FOR ACCESSING COMMUNITY MENTAL HEALTH
RESOURCES.
Based on the overall circumstances and the officer or applicable
employee's judgment of the potential for violence, the officer or
applicable employee may provide the individual and family members
with referrals on available community mental health resources. Officers
may take custody of the individual in order to seek an involuntary
emergency evaluation.
1. Make mental health referrals when, in the best judgment 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
Emergency 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.
OPS -07.5
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 there
is no longer a need for law enforcement presence.
7. The involved officer will prepare a report regardless if it is a
voluntary or involuntary commitment.
D. TRAINING
Officers and applicable employees shall receive documented initial and
ongoing training regarding interaction with persons suspected of
suffering from mental illness. Documented refresher training shall take
place at least every three years.
Sahuel WargMine, 6ief 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 21.1
DETAINEE
PROCESSING
Date of Issue General Order Number
September 27, 2007 07 -02
Effective Date Section Code
September 27, 2007 OPS -21
Reevaluation Date Amends / Cancels
September 2008
C.A.L. E.A. Reference
Chapter 71
I. PURPOSE
The purpose of this order is to define the areas of the Iowa City Police
Department where Detainee Processing is to occur. It is also the goal of this
policy to establish parameters for officers to follow while processing detainees at
the Department.
II. POLICY
It is the policy of the Iowa City Police Department to process temporary
detainees in a safe and efficient manner. Facilities used for processing shall be
maintained with this goal in mind.
OPS 21.2
III. DEFINITIONS
Detainee: A person in the custody of agency personnel and whose freedom of
movement is at the will of agency personnel.
Temporary Detention: Detention of a person for the purpose of processing or
testing. Temporary detention is measured in minutes or hours and does not
involve housing or feeding detainees.
Processing: Pre - booking activities involving a detainee in custody (i.e.
fingerprints, breath tests)
Authorization
Temporary detention of persons in custody may be required while officers
conduct tests, take photographs and fingerprints, or otherwise process detainees
prior to their intake at a detention facility. Detainees under these conditions
should be carefully monitored since they will be in close proximity to officers.
The following rooms are authorized as temporary detention /processing areas:
1. Interview Room 1
2. Interview Room 2
3. Room 114
Training
Only sworn personnel will be used to monitor those persons held in temporary
detention. Personnel who monitor detainees must receive training on procedures
to be followed in handling such detainees at the time of their hiring and at least
every three years thereafter. Basic academy training will not be considered
sufficient for this purpose. An exception to this is dispatch personnel that have
the ability to monitor these areas through the use of closed circuit video. The
ability for dispatch to monitor detainees shall not be a substitute for the presence
of sworn personnel in the detention /processing area.
Training for this purpose will include methods for summoning assistance,
restraint equipment available in the temporary detention areas, and methods for
dealing with uncooperative detainees. These methods should include options for
immediate transfer to jail or the delay of testing or processing until a later time.
OPS 21.3
IV. PROCEDURES
A. Documentation
Whenever a detainee is brought to the Iowa City Police Department for
temporary detention, at a minimum, a radio log will reflect the name of the
detainee, their age, the reason being detained and the time the person
arrived. Whenever such person is released, that time will be reflected in the
radio log. The intent of this paragraph is to document the length of time
persons are held in temporary detention.
B. Dispatcher Responsibilities
Emergency Communication personnel shall monitor the detention areas when
detainees are being processed. When a detainee is brought to the Police
Department, they shall record within the call log the name (first name first -last
name second), detainee date of birth, reason (OWI processing, fingerprinting
and /or investigative) and the date and time out at the facility. If a fixed object
is used to secure a detainee, Emergency Communication personnel shall
record, as an officer change of status, the time secured in station (Unit Status
"S ") and the time released in station (Unit Status "R "). If field sobriety tests are
conducted in the hallway off the Gilbert Street entrance, Emergency
Communication personnel shall inform other officers not to enter until those
tests are complete.
C. Processing and Searching
Upon arrival at the Iowa City Police Department a subsequent search shall be
performed. It is recommended that a second officer be present for this search
if possible and after this secondary search has been conducted, necessary
reports, testing, and other processing should occur.
D. Locked Spaces
Detainees will not be secured in locked spaces. = -
E. Securing to Fixed Objects
Officers may secure detainees to fixed objects designed for such us6.: -
F. Separation of Males, Females, and Juveniles
Detainees shall be kept separate in different rooms by sex. Juvenile
detainees shall be kept separate in different rooms from adult detainees.
Securing to Objects
If a detainee is secured to a fixed object, that fixed object shall be one which
is designed for such use. Examples include cuff rails, bars or bolts, and
chairs or benches designed to cuff detainees to. Detainees shall not be
handcuffed to any object not so designed as a means of preventing escape. If
a detainee is secured to a fixed object, the officer shall notify the Emergency
Communications Center of the time the detainee is secured in the station and
OPS 21.4
the time the detainee is released in station. The Emergency Communications
Center shall then enter the appropriate unit status codes to the call for
service.
Security
A. Weapons Control
Firearms are not permitted into any space actively being used as a temporary
detention area. Prior to removing handcuffs from the detainee, firearms will
be secured in the lockboxes maintained for that purpose in the
detention /processing areas.
B. Emergency Alarms
All officers working in the processing area shall be equipped with a portable
radio. That radio shall be operational and shall always be within reach of the
officer in the processing area. An emergency request for assistance may be
made by voice transmission or by means of activation of the emergency
button on the radio. The exception to this is that radios shall not be turned on
when in proximity of DataMaster testing. In lieu of radios, fixed alarm buttons
which alert the dispatch center are present in the detention rooms and shall
be used if assistance is needed.
C. Access to Area
When an area is being used for temporary detention, only those personnel
with reason to be there may enter or remain in that area after securing their
firearm in a lock box. If the hallway off the Gilbert Street entrance is actively
being used for sobriety tests, officers without prisoners or cause to be in the
area and other employees shall enter by an alternate route. Other officers
with prisoners may enter but only when the hallway itself is not being used for
sobriety tests. The Emergency Communications Center will advise arriving
officers if the hallway is actively being used for sobriety tests.
D. Escape Prevention
In order to limit the risk of escape the following precautions should be
followed:
- Handcuffs should remain applied when feasible
- The detainee should be seated away from doors and windows
- Sufficient personnel should be present to physically prevent escape
E. Visual Observation
Detainees will be under constant visual observation. -
OPS 21.5
F. Monitoring
Remote audio and /or video monitoring of detainees shall not substitute for the
physical monitoring of detainees by sworn personnel.
G. Detainee Transport
Parking on Gilbert Street should be avoided to enable officers with detainees
easy access to the Police Department.
Physical Conditions
Areas used as a temporary detention area must meet basic standards. They
must be lighted, heated and /or cooled as required. There should be no
hazards to officers or detainees.
Water, restrooms, and other needs will be met as required. In cases where
this requires the detainee to be removed from the temporary detention area,
the detainee will be escorted at all times by at least one officer.
Inspections
Areas that may be used as temporary detention areas will be inspected on a
weekly basis by the Captain of Administrative Services or designee. This
inspection will be for cleanliness and to determine if any unsafe conditions are
developing.
At least once every three years the Chief of Police or designee will review the
components of this section and the detention areas to determine if they
continue to best suit the requirements of the department.
Samuel HargaMe, Ctfief of Police_
WAk ING'
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.
Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
01 -15
October 12, 2007
Subject:
Reference: INVESTIGATIONS, CASE
CRIMINAL INVESTIGATIONS
SCREENING, REPORT REVIEW
Section:
Issue #:
INVESTIGATIONS
3
Comm d S� ture:
<y�
Original Issue
-9Uv
DECEMBER 7, 2001
i
Purpose:
The purpose of this guideline is to identify those steps taken by members of the
Iowa City Police Department in the investigation of criminal activity. Additionally
this guide identifies the responsibilities of those involved in the investigation of
these type incidents. Additionally, this directive identifies basic responsibilities
relating to the preliminary and follow -up activities of officers.
The Iowa City Police Department strives to provide professional, quality
investigative services to the citizens of Iowa City including but not limited to
suppression, identification, apprehension and successful prosecution of criminals
and criminal activities. Investigations shall be conducted in an efficient, UDbiaseM
manner. 0
o
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Definitions: —
Cold Case - Violent "crime against person" cases, new or old, that have Of- een
solved. rT1 77
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Procedures: `y A. INITIAL RESPONDING OFFICER
Patrol officers are expected to conduct a through preliminary investigation of
offenses that come to their attention. To the extent practical, preliminary
investigations should include, but not be limited to:
1) Providing aid to the injured.
2) Determining if an offense has actually occurred and if so, the exact
nature of the offense.
3) Furnishing other field units with descriptions, method and direction of
flight, and other relevant information concerning wanted persons or
vehicles.
4) Observing and recording conditions, events and remarks.
5) Maintaining and protecting the crime scene and arranging for its
processing.
6) Locating and identifying witnesses.
7) Interviewing the victim, witnesses, complainant, and suspects.
8) Obtaining written statements from victims, witnesses and suspects, if
possible.
9) Determining the identity of any suspects.
10) Effecting an arrest of any offenders.
11) Recording all pertinent information on prescribed report forms in an
accurate and complete manner.
Patrol officers should follow -up /complete the case to the extent practical prior to
forwarding the case to the Investigation Section. With the exception of financial
crimes, officers should complete investigations, which on their face, are simple
misdemeanors. When forwarding non - financial simple misdemeanors to the
Investigation Section, the initial officer should complete a follow -up request form.
A watch supervisor shall sign the sheet acknowledging the need for follow -up
from the Investigation Section.
Cases, which on their face constitute a felony, should be forwarded by means of
a follow -up request form to the Investigation Section for review. This does not
mean that patrol officers should not or cannot follow through on or complete the
investigation, but is to ensure that the investigation section has knowledge of the
incident and possible suspect(s). In these instances the referral sheet should be
marked INFO ONLY.
Regardless of the value of the loss the preliminary officer should i s +;tigatw
financial crimes to the extent practical. At the completion of their invest n,
copy of their updated report should be forwarded to the Investigation Se rar 71
B. INVESTIGATION SECTION RESPONSIBILITIES
0-
Organization - The Criminal Investigations Section is commando by a-
Lieutenant responsible for the planning, budgeting, inter- jurisdictioncf'
investigative coordination, and overall administration of the section in addition to
the normal day to day operations of the section. The Lieutenant of the
Investigative Section is supervised by the Commander of Field Operations.
Additionally, the lieutenant of the Investigative Section will periodically meet with
the Chief of Police or designee.
In addition there is a Sergeant assigned to the Investigation Section. The
Sergeant will assist in supervising and act in place of the Lieutenant when the
Lieutenant is on leave or otherwise unavailable. In addition, it will be the
Sergeant's responsibility to directly supervise and work with the SCAT Unit.
The Lieutenant of the Investigation Section shall provide an on -call list for
weekends and holidays. This list shall be forwarded to the Communications
Supervisor, Watch Commanders and the Commander of Field Operations. The
designated on -call investigator shall be available by phone or pager. At other
times when an investigator is not readily available, the Lieutenant of the
Investigative Section shall be contacted and will assign an investigator as
needed.
Upon receipt of a case, the Lieutenant of the Investigation Section shall make a
determination of the "solvability" of the particular case using the criteria contained
in General Order 91 -07 Case Screening. Once assigned, the Lieutenant of the
Investigation Section shall maintain records indicating the status of the case.
The case records should indicate the case number, date assigned, the
investigator assigned, case status, days open and other information as
determined by the lieutenant of the Investigation Section.
In order to maintain communications between the investigation and patrol
functions, the Lieutenant of the Investigation Section shall periodically arrange for
investigators to attend watch meetings on a "as needed" basis. Additionally,
investigators may attend watch meetings when they determine the need to
exchange information with a particular watch(s). When a member of the
investigation section determines that information needs to be forwarded to the
Patrol Section but the information is such that it can effectively be conveyed in
writing, the Investigator may forward the information to the appropriate Watch
Commander(s).
C. INVESTIGATIVE PROCEDURES
The officer /investigator assigned a case shall maintain the case file in a secure
area. The file shall include a copy of the preliminary investigative report and any
written statements. In addition, the investigator may include any lab results,
follow up reports, notes, statements, and other materials as determined by the
investigating officer. The investigating officers' follow -up should include those
steps necessary to adequately conclude the investigation. Reports shall be
completed in a timely manner and submitted or updated consistent with General
Order 90 -02 Case, Report Review. To the extent necessary and practical the
investigating officer should:
1) Review and analyze previous reports, records and /or technical reports,
or lab results, relative to the investigation.
2) Conduct additional interviews and /or interrogations.
a) This may include the interviewing or re- interviewing of theS---4i ti m,
witnesses and "bystanders ". The victim's willingness to co:>cspt'ate
in a criminal prosecution should be ascertained. 7 -TI
b) Determine if any witnesses may be able to identify a suspq3tf>'rom --
a lineup. `
3) Seek additional information from both departmental and non -
departmental sources. These may include but are not limited to:
a) Speaking with the officer(s) who were initially assigned the call.
b) Obtaining information /data from the planning and research section.
c) Obtaining information from records.
d) Obtaining information from informants.
e) Obtaining information from organizations, businesses, institutions
and others that may have dealt with potential suspects.
4) Ensure the collection of evidence and the search of any relevant areas
has been completed.
a) The collection of evidence should conform to accepted, recognized
practices. If the collection of a particular piece of evidence
exceeds the expertise of the investigating officer, he /she shall
contact a Crime Scene Technician. The collection of physical
evidence by a CST shall be documented on a CST report.
5) Maintain contact with victims and witnesses throughout the duration of
the investigation.
6) Disseminate information, as deemed necessary and appropriate.
7) Identify and /or apprehend potential suspects and eliminate those who
are no longer suspects.
8) Determine the suspect's potential involvement in other relate rime
9) Check criminal history of suspects. y3 =
10) Thoroughly prepare the case for legal presentation. C-Pertinent
information shall be recorded on prescribed report for�in an -�
accurate and complete manner. -17, - 5P r
An important aspect of criminal investigations is ensuring compliMce w4h
constitutional requirements when interviewing suspects. The admissibility of
statements made by a defendant to a police officer often will determine the
outcome of a criminal prosecution. It is also important to note that constitutional
warnings- given at an inappropriate time may hinder the investigative effort. The
state of mind of the officer is often the determining factor in deciding when
Miranda Rights should be given. The courts have generally held that "custodial"
detention is the point at which offenders must be advised of their Miranda Rights
prior to any further questioning about the offense.
In cases where the offender has been arrested and the officer intends to ask
questions concerning any criminal offense in which the arrestee is suspect, they
will be read their Miranda Rights and a response indicating they understood them
elicited prior to any further questioning.
During the course of a criminal investigation it may be necessary to interview a
suspect in order to develop evidence, or determine if probable cause to arrest
exists. If the officer has no probable cause to arrest and the suspect is "free to
leave" at anytime, it is usually not necessary to advise of Miranda Rights. When,
"in the officer's mind ", the suspect is not free to leave, Miranda Rights should be
given. That point is reached when the officer has decided to arrest the suspect
but may not have yet advised the suspect they were under arrest; or when
undecided about arrest, the officer intends to detain the suspect against their will
for further investigation.
At no time will an officer use coercion or attempt a confession or admission by
means which would cause a suspect to confess or admit guilt involuntarily.
At no time will an officer deprive a defendant or suspect of counsel if requested.
When uniformed and non - uniformed officers conduct interviews or interrogations,
rooms designated for such purpose should be used and the entire interview /
interrogation recorded (video preferred). Distractions shall be minimal in these
rooms. Besides basic seating and a writing surface, other items in the room
should be restricted to a telephone, writing supplies and / or recording
equipment. When conducting an interview or interrogation of a potentially
combative subject, officers shall notify the dispatch center and / or other officers.
Monitoring shall be done by camera and / or one way window to ensure safety
and to summon assistance if needed. In potentially hostile confrontations, the
officer shall confirm the subject is unarmed. Consideration should be given by the
officer to securing their own weapon in a department weapons lock box. Only
one person should be interviewed or interrogated by no more than one or two
officers in a given situation. The beginning time of the interview / interrogation
shall be recorded as well as the ending time. Access for the person being
interviewed or interrogated to restrooms, water or comfort breaks should be
allowed on a reasonable basis. The time and duration of such breaks shall be
recorded. Under no circumstances shall subjects being interviewed or
interrogated in the police department be locked within any room or be restrained
while unattended. J
1
D. HABITUAL / SERIOUS OFFENDERS -fit
—;
When during the course of an investigation an officer has a reason to Wieve that
one of the parties involved is a habitual or repeat violator the officers I- ncluz'e 7
that information in the case file. For these purposes the following guide ' & sholl
apply:
When investigating a felony,. the investigating officer shall complete a NCIC
criminal history on any suspects and check for previous conviction for similar
offenses. If the incident involves a forcible felony and the Certified Criminal
History (CCH) indicates a prior conviction for a similar offense the Investigations
Commander shall be so advised so the case may be expedited.
Chapter 902.8 of the Code of Iowa defines a habitual offender as someone,
..who has twice before been convicted of any felony in a court of this or any
other state, or of the United States." An offense is a felony if, by the law under
which the person is convicted, it is so classified at the time of the person's
conviction.
Whenever it is confirmed that a subject has been involved in a previous felony,
the officer should include this information in the case file.
When investigating a sexual assault and a suspect is developed the investigating
officer shall record any prior sexual assault conviction history in the case file.
Additionally the investigating officer shall determine if the subject is listed on the
Iowa Sexual Offender Registry as determined in chapter 619A of the Code of
Iowa.
If an officer is investigating a child abuse /neglect incident, the officer should
check the state child abuse registry for a previous record involving the child. If a
record is located, this should be recorded in the case file.
When a suspect meets any of the criteria listed above, the investigating officer
shall include the information in the case file and notify the Prosecuting Attorney
of this information. Notification may be in the form of forwarding of the CCH.
E. COLD CASES
Unsolved cases, particularly those of a violent nature against persons, should be
reviewed as resources and time permit. Over time, the position of persons involved
and other circumstances may change that present new opportunities to solve such
cases. Additionally, technologies may develop allowing new or enhanced courses of
investigation.
The evaluation criteria of re- investigating a cold case generally includes the following
but is not limited to:
• Legal considerations, such as the application or expansion of statues of limitation
• Technological considerations, such as the nature and condition of the evidence
and the advancement of new technology techniques in solving a crime
• Practical considerations, such as the availability of witnesses in the event DNA
profile testing would identify a suspect and lead to an arrest and trial
• Resource considerations, such as time, money and personnel available for
investigation and forensic analysis _ r.a
The actions and activities of the cold case investigation generally include bo.. nc
limited to: Y
• Identifying potential unsolved cases according to solvability factors
• Reviewing case files, evidence logs, laboratory reports and autopsy rep E-h" .E-
• Evaluating the case evidence for potential probative DNA sources
• Consulting with the DCI laboratory and the Johnson County Attorney's Office in
submitting appropriate evidence to the laboratory for testing
• Continuing investigative protocol by obtaining reference samples from suspects
and other identified subjects
• Identifying witnesses who are willing to proceed in prosecution
• If a DNA profile does not match suspect's DNA profile, submitting the evidence
profile to CODIS
• Submitting investigative intelligence to State and Federal profiling repositories for
information such as: VICAP (FBI's — Violent Criminal Apprehension Program) and
/ or RISS (Regional Information Sharing System).
F. SURVEILLANCE EQUIPMENT
A successful investigation may require the use of surveillance and undercover
equipment which is not normally issued to investigators and officers. The
Investigations Commander shall maintain an inventory of such equipment under
his /her control. The Investigations Commander or designee shall use an
equipment checkout log to record equipment that is issued for use. The form
shall record the specific piece of equipment checked out, who it is checked out
to, the date /time it is checked out and the date /time it is checked back in. It is
recognized that certain assignments require the long term use of some types of
equipment. Missing or defective equipment shall be reported to an investigations
supervisor as soon as possible.
G. CASE CONCLUSION OR SUSPENSION
Upon conclusion or suspension of an investigation, the investigating officer shall
purge the file of all redundant or non - related materials and forward the case file
to their supervisor. The supervisor shall verify the completeness of the
investigation. If there is need for further investigation, he /she may return the file
to the investigating officer for further investigation. Prior to submission to the
Records section the supervisor should verify that redundant or non - related
information has been removed from the file.
C5
MEMORANDUM
TO: File
FROM: Captain Johnson, Field Operations
RE: Quarterly/Summary Report (Quarter 3)- IAIR/PCRB, 2007
DATE: October 1, 2007
Attached you will find the 2007 Quarterly Report, (Quarter 3) , for the Iowa City Police
Department Internal Affairs /Police Citizen's Review Board investigative file.
cc: PCRB
Chief Hargadine
Year: 2007
IAIR/PCRB Quarterly-Summary Report- (Quarter 3)
I.A.I. # :07 -01
PCRB #: none
Incident Date:01 -28 -07
Incident Time: 8:30PM
Location: 410 East Washington St
Date Assigned: 01 -28 -07
Reason for Allegation:
1) Violation of Rules/Regulations
Disposition:
1 Sustained
I.A.I. #:07 -02
PCRB M none
Incident Date:05 -30 -07
Incident Time: 8:20PM
Location: 2300 bik. Whispering
Date Assigned: 06 -14-07
Meadow
1) Deportment
Reason for Allegation:
1) Differential treatment
2) Improper conduct
Disposition:
1) Unfounded
2 Exonerated
I.A.I. #:07 -03
PCRB M none
Incident Date:07- 23,30 -07
Incident Time: Various
Location: 410 East Washington St
Date Assigned: 08 -01 -07
Reason for Allegation:
1) Deportment
2) Improper conduct
Disposition:
1)Sustained
2 Sustained
I.A.I. #:07 -04
PCRB M none
Incident Date:08-06 -07
Incident Time: 1:50AM
Location: 10 bik. S. Gilbert St
Date Assigned: 08 -14-07
Reason for Allegation:
1) Use of Force
2) Improper conduct
Disposition:
1)Sustained
2)Sustained --
I.A.I. #:07 -05
PCRB M none
Incident Date:05 -04 -07
Incident Time: 7:23AM
Location: 400 Iowa Avenue
Date Assigned: 09 -17 -07
Reason for Allegation:
1) Improper action
2) Improper demeanor
Disposition:
1) Pending
2 Pending
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
September 2007
Date Description
9/5/07 Individual came in and inquired about police operations. Staff
directed them to the Police Department website where the
General Orders are on -line.
9/12/07 Individual called and inquired as to the format for receipt speeding
ticket. Had no problem with officer or paying the ticket. Staff
directed to Police Department.
Updated 09101107
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
Donald King
Donald King
3255 Hastings Ave 52245
(C) 515 - 771 -0514
Michael Larson, Chair
625 Scott Park Road
Iowa City, IA 52245
(H) 358 -7818
Loren Horton
3367 Hanover Ct
Iowa City IA 52245 -4016
(H) 351 -5842
Greg Roth
770 Broadmoor Dr
North Liberty, IA 52317
(H) 665 -4338
groth @kirkwood.edu
Beth Engel, Vice Chair
1 Oaknoll Ct, Apt #473
Iowa City IA 52246
(H) 887 -5239
reengel @oaknoll.com
Catherine Pugh, Legal Counsel
4743 Dryden Ct
Iowa City IA 52245 -9250
(H) 339 -4617
FAX — 351 -6409
pugh705 @hotmail.com
Term: September 1, 2007 — September 1, 2011
Term: September 1, 2005 — September 1, 2009
Term: September 1, 2004 — September 1, 2008
Term: September 1, 2005 — September 1, 2009
Term: September 1, 2004 — September 1, 2008