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Home My WebLink About12-12-2007 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD December 12, 2007 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 10/16/07 • ICPD General Order 95 -01 (Emergency Operation of Police Vehicles) • ICPD General Order 99 -01 (Police Vehicle Pursuits) • ICPD General Order 99 -10 (Domestic Violence) • ICPD General Order 99 -11 (Arrests) • ICPD General Order 99 -12 (Field Interviews and "Pat- Down" Searches) • ICPD General Order 00 -08 (Weapons) • ICPD General Order 07 -03 (Fiscal Management) • ICPD Standard Operating Guideline 07 -04 (Mobile Data System) • ICPD Department Memo 07 -45 • ICPD Use of Force Report — August 2007 • ICPD Use of Force Report — September 2007 ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS • Changes necessary by 11/6 election ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • January 8, 2008, 5:30 P.M., Lobby Conference Room • February 12, 2008, 5:30 P.M., Lobby Conference Room • March 11, 2008,5:30 P.M., Lobby Conference Room • April 8, 2008,5:30 P.M., Lobby Conference Room ITEM NO. 9 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: December 7, 2007 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on December 12, 2007 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 12/12/07 • Minutes of the meeting on 10/16/07 • ICPD General Order 95 -01 (Emergency Operation of Police Vehicles) • ICPD General Order 99 -01 (Police Vehicle Pursuits) • ICPD General Order 99 -10 (Domestic Violence) • ICPD General Order 99 -11 (Arrests) • ICPD General Order 99 -12 (Field Interviews and "Pat- Down" Searches) • ICPD General Order 00 -08 (Weapons) • ICPD General Order 07 -03 (Fiscal Management) • ICPD Standard Operating Guideline 07 -04 (Mobile Data System) • ICPD Department Memo 07 -45 • ICPD Use of Force Report — August 2007 • ICPD Use of Force Report — September 2007 • Citizens Police Academy Information • PCRB Complaint Deadlines • PCRB Office Contacts — October 2007 • PCRB Office Contacts — November 2007 • Updated Member Contact List 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 — October 16, 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 MEMBERS ABSENT: Greg Roth STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; public, Caroline Dieterle and Dean Abel RECOMMENDATIONS TO COUNCIL None. REPORT FROM NOMINATING COMMITTEE Roth and Engel were appointed to the nominating committee at the September 11 th meeting. Engel reported that the committee had met and would like to nominate Michael Larson for Chair and Elizabeth Engel for Vice - Chair. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by Horton, seconded by King to prescribe the method of voting by a voice vote and use majority vote for the basis for decision. Motion carried, 4/0. Roth absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Horton, seconded by King to close nominations. Motion carried, 4/0, Roth absent. Nomination of Michael Larson for office of Chairperson as selected by the nominating committee. Motion carried, 4/0, Roth absent. NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON Motion by Engel, seconded by Horton to close nominations. Motion carried, 4/0, Roth absent. Nomination of Elizabeth Engel for office of Vice - Chairperson as selected by the nominating committee. Motion carried, 4/0, Roth absent. CONSENT CALENDAR Motion by Horton and seconded by King to adopt the 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 a0m - October 16, 2007 Page 2 OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION Engel had questions regarding General Order 05 -01 (Persons with Mental Illness) page 3, item B regarding the directive "should" in the first paragraph and "always do so" in B(1). Widmer explained that "should" means the officer has the option on calls if they are familiar with the individual and there's no danger to call off the backup, but when an individual is taken into custody it is always with a backup. Larson wanted to know in regards to the same general order on the last page regarding training, what kind of training is provided. Widmer stated in the past various methods of training have been provided from Alzheimer's Association to agencies that work with mental illnesses come in and give in service training at the yearly MATS training. Officers have also been sent for specialized training for 2 -3 days for special populations. Horton asked if this general order pertained to only those 18 and over rather than juveniles. Widmer said that they do not differentiate between the two when an officer recognizes a mental illness. It is also made sure that officers have the training to tell the difference between mental illness and intoxication or other things. Larson inquired about General Order 07 -02 (Detainee Processing) on page 4, under Item B. (Emergnecy Alarms) what a DataMaster was. Widmer explained that the DataMaster is the device they have that is hard -wired into the State of Iowa where the intox machine is. With the possibility of radio frequencies interfering with the reading, the policy is that radios are shut off and a fixed alarm button is used in the detention rooms if assistance is needed. Motion carried, 4/0, Roth absent. None. None. Abel wanted to know when the Board asks questions referring to a general order, who answers those questions. Widmer explained that he discusses questions that come up with the Chief. The Chief is required to sign off on all the general orders. Widmer explained the re- evaluation dates and the color codes associated with the general orders. Abel confirmed that the general orders were available on -line. Widmer directed him how to get to them. Abel complimented the Board, the City, and the Police Department for having an open policy on making information available to those who want to search it out. Horton and Engel both informed the Board that they had been contacted by a DI reporter who had questions regarding the annual report. Dieterle stated she was the archivist for the DI and that the story had been published and she could drop a copy off in the Clerk's office for the Board. Pugh received a phone call on September 17th from Ken Hawes who is the Chairperson for the Johnson County Republican party and he wanted to understand the ramifications of the proposed ballot language to the Board. PCRB October 16, 2007 Page 3 Tuttle asked Board members to review the contact list that was in the packet and inform her of changes and reminded them that information given to her was public. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 13, 2007, 5:30 PM, Lobby Conference Room (CANCELLED) • December 11, 2007, 5:30 PM, Lobby Conference Room • January 8, 2008, 5:30 PM, Lobby Conference Room • February 12, 2008, 5:30 P.M., Lobby Conference Room Horton announced he would not be available for the December meeting and Engel stated she would not be in town for the February meeting. Motion by Horton, seconded by Engel to cancel the November 13 meeting due to lack of Board business. Motion carried, 4/0, Roth absent. ADJOURNMENT Motion for adjournment by King and seconded by Engel. Motion carried, 4/0, Roth absent. Meeting adjourned at 5:53 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2007 (M eting Date) NAME TERM EXP. 1/9 1/16 2/13 2/22 3/13 3/29 4/10 5/7 6/12 7/10 8/14 9/11 10/16 Candy Barnhill 9/1/07 X X NM O/E X X O/E X NM O/E NM - -- - -- Elizabeth Engel 9/1/08 X X NM X O/E X X X NM X NM X X Loren Horton 9/1/08 X X NM X X X X X NM X NM X X Greg Roth 9/1/09 X O/E NM X X O X O NM X NM X O/E Michael Larson 9/1/09 X O/E NM X X O/E X X NM X NM X X Donald King 9/1/11 - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- X X KEY: X = Present O = Absent O/E = Absent /Excused NM = No meeting - -- = Not a Member OPS -06.1 EMERGENCY OPERATION OF POLICE VEHICLES Date of Issue General Order Number January 23, 2001 195-01 Effective Date Section Code November 26, 2007 OPS -06 Reevaluation Date Amends OPS -06 Issued Feb 1, 1995 January 2009 1 CANCELS OPS -07 SAFETY BELTS C.A.L.E.A. Reference 41.2.1, 41.3.3, 61.3.3 INDEX AS: Emergency Communications Traffic Stops Police Vehicle Pursuits Seat Belts Occupant Restraints I. PURPOSE The purpose of this order is to clarify the operation of departmental vehicles in non - pursuit situations. 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. Le. 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. Le. 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 =_end siren. When operating in or responding to an emergency assidnment 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 w ile responding to an emergency assignment. A. No unit assigned to departmental personnel shall be driven. in 'such a manner or at such a speed that the operator is unable to safely mai ()fPin control of the vehicle. B. No unit shall be driven through an intersection which is controlled by an automatic traffic signal when the red light is showing until said unit has slowed to such a speed that they could safely come to a stop. The officer may then proceed with caution only after determining it is safe. to do 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 responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the opinion of the operating officer, it is necessary to stop violators and /or alert passing or oncoming drivers to dangerous situations such as accident scenes. Once the immediate or apparent need for displaying emergency lights is over, they shall be turned off. In a case where emergency lights are used to stop a violator, they shall be turned off after the violator is stopped and shall not be displayed during the writing of OPS -06.3 a citation or while conversing with the driver unless, in the opinion of the operating officer, the vehicles are stopped in a position that might create a hazard. The use of emergency lights and /or siren are dictated by the particular circumstances of a call. Examples include, but are not limited to: A. Responding to a call where there is an immediate threat to person or property. B. Stopping a vehicle on the roadway. C. At the scene of an accident. D. At a traffic control assignment. E. At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his /her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his /her actions. Factors which the officer shall consider in determining the speed at which a police vehicki s open ed include but are not limited to: A. the officer's ability to control the vehicle; B. roadway conditions; C. light conditions; D. traffic conditions; E. nature of the offense or situation; F. the danger posed to the public and the officer by the speed of the vehicle: The ultimate responsibility for the safe operation of a police vehicle is with the operator 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 specifically authorized to do so by a supervisory officer. 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 3 OPS -06.4 Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life- threatening or potentially life - threatening situations. Calls shall be categorized and dispatched according to the following priorities: 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. Priori 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 an emergency (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 will respond to Priority 4 calls in a routine mode. - 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 emergency (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 emergency (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 an emergency (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 emergency (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 emergency (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 respons-e(s) by subordinates. Supervisors have the authority to upgrade, downgrade, of 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. PURSUIT Officers of the Iowa City Police Department engaged in pursuit shall comply with section 321.231 of the Code of Iowa and will be governed by the Iowa City Police Department General Order # 99 -01 Police Vehicle Pursuits. OPS -06.6 ESCORTS Private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) shall not be given an escort by a member of this department with the exception of a funeral procession or special event and in those exigent circumstances where the delay involved in an ambulance response to the scene may create a life and death situation. This section does not preclude officers from guiding "lost" motorists, or providing non - emergency chaperoning 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. Sam el Hargadi , Chief of Police claims. Violations of this directive will only form' administrative sanctions. OPS 02.1 POLICE VEHICLE PURSUITS Date of Issue General Order Number February 10, 1999 99 -01 Effective Date Section Code November 16, 2007 1 OPS-02 Reevaluation Date Amends / Cancels November 2008 90 -01 OPS -02 C.A.L.E.A. Reference 1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 See Index INDEX AS: ^, :75 u l � v Use of Force Tire Deflation Devices Vehicle Pursuits --_ Reports I. PURPOSE It is the purpose of this policy to state the guidelines to be followed during vehicular pursuits. II. POLICY The initiation of a pursuit is justified when, in the officer's judgment, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must continue throughout the course of the pursuit by the officer and his /her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the . Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. A19091M III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in re onse W an incident dangerous to the public or when resp i pg t 7 but not upon returning from a fire alarm, may exererse the —t-i privileges set forth in this section. T^ 2. The driver of any authorized emergency vehicle, magi 'r a. Park or stand an authorized emergency vehicle,' irrespective of the provisions of this chapter. y - b. Disregard laws or regulations governing direction bf movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. 3. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. b. Exceed the maximum speed limits so long as the driver does not endanger life or property. 4. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433, or a visual signaling device approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. a. Police bicycles shall be operated in accordance with General Order 00 -07 Police Cyclist. b. The operator of a police bicycle, may, in the line of duty, do any of the following; Proceed past a red or stop signal or stop sign, but only after slowing down as may be OPS 02.3 necessary for safe operation; Exceed the maximum speed limits so long as the driver does not endanger life or property. 5. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect. IV. PROCEDURES A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuit are: 1. Time of day - high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. 2. Volume of vehicular traffic - pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit - pursuits through residential areas or along streets near or adjacent to schools are norrglly mcr hazardous than those in lightly populated areas. 4. Weather conditions. 5. Road conditions. 6. Speed involved. 7. Nature of the offense - pursuits for persons suspected cof involvement in felonies are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. 8. The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. OPS 02.4 10. Consideration should be given to whether the offender can be identified and therefore apprehended by other means. B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: PURSUIT DECISION MATRIX GUIDES LOWER RISK 1. Marked vehicles 2. Straight roads, good surfaces, clear line of sight 3. Few intersections 4. Few or no pedestrians 5. Good weather 6. No hazardous maneuvers by violator 7. Speeds at or less than 20 m.p.h. over the posted limit 8. Officer is calm and in control 9. Lack of special circumstances (i.e., school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2. Light pedestrian traffic 3. Moderate traffic, little congestion 4. Speeds 20 m.p.h. greater than the posted speed limit 5. Officer generally calm, under control 6. Some hazardous, but not extreme maneuvers (i.e.,grQssinW' center line to pass vehicles, sudden lane changej}- by the violator. t , HIGH RISK s' 1. Frequent intersecting streets (i.e., a business distric4112 2. Poor weather, slippery streets, low visibility 3. Blind curves or intersections, narrow streets' 4. Numerous pedestrians 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. OPS 02.5 7. Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to stop for red lights) by the violator 8. Numerous vehicles in pursuit 9. Officer excited, not in full control of emotions 10. Existence of special circumstances (i.e., school zones, hospitals, etc.) NOTATION The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. PURSUIT DECISION MATRIX - Gn OPS 02.6 Officers must continually assess the nature of the offense against the risk factors. An officer's response must be consistent with the Pursuit Decision Matrix. C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Operator by the initiating officer. The initial information will include: 1. The reason for the pursuit 2. The location, speed, and direction of travel 3. The description of the fleeing vehicle, including license plate number. 4. The number of occupants and description of occupants if observed. 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities - Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. The communications center will have the following responsibilities: 1. Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non - emergency radio traffic to stand by and give the pursuing officer priority use of PD1. The ECO will advise the pursuing officer of any pertinent information concerning the area of the pursuit. 2. Notify a watch commander /supervisor of the pursuit in progress. 3. The ECO shall record on the CAD log all the information furnished by the officer during the pursuit. 4. As long as the pursuit is continued, the ECO will manage the pursuit communications by re- broadcasting transmissions of relevance to other units involved. 5. Contact surrounding agencies and advise them of thq pursuit. We do not encourage involvement of otheOgenci in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specificafly requested otherwise. C, _ - W Gil OPS 02.7 6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7. As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. E. Supervisory Responsibilities F. A supervisor shall assume control of all pursuits. This can be accomplished through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing suspect, tactics to stop the fleeing vehicle, and coordination of all officers. 4. Supervisors shall intervene and correct any misuse of police personnel involved in the pursuit. 5. The supervisor may, at any time, order the termination of the pursuit when, in their judgment, the necessity of apprehension is outweighed by the level of danger created by the pursuit. 6. Supervisors shall also assure that sufficient patrol str6n` thZis maintained within the city to handle routine calls for-service- 7. 7. The supervisor in charge of the incident shall approve aray special tactics to stop the vehicle. - Pursuit Tactics NOTE: Pursuit at high speeds under the best of conditions is an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following OPS 02.8 are some possible alternatives to consider when determining methods of stopping the fleeing vehicle. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2. Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle. Remember to clear the road and select a safe location. 3. Use tire deflation devices to bring vehicles to a controlled stop. 4. Do not use the spotlight focused on the back window of the pursued vehicle. 5. Stationary roadblocks - because of the inherent danger of the use of stationary roadblocks in pursuit situations, it is the policy of this department that stationary roadblocks will be used for the purpose of stopping fleeing vehicles only: a) As a last resort, in those exigent cases where the use of deadly force would be justified to prevent injury or death to the officer or other persons, a stationary roadblock may be considered. If suitable materials such as construction barricades are not available, unoccupied police vehicles with emergency lights in operation may be used, as directed by the watch commander /supervisor. b) Stationary roadblocks will only be set up with the authorization of the supervisor in charge of the incident. To avoid creating an unnecessary hazard to pursuing officers and innocent persons, the roadblock will be located in an area of high visibility which provides a safe stopping distance for oncoming traffic. Under no circumstances will roadblocks be barricaded by occupied or private vehicles and all efforts will be- made to remove private vehicles from the p of theE pursuit. _ r i -T1 6. Moving roadblocks are prohibited without the `exp_ ressf� m , authorization of the supervisor in charge of the incidents,. ' 7. Ramming will only be considered to stop a fleeing v6icle as a last resort, and then only in those extreme cases where n OPS 02.9 the use of deadly force is justified to prevent injury or death to the officer or other persons. The officer must consider the extreme danger to himself /herself, occupants of other vehicles and other users of the roadway. Permission to make deliberate contact with the offender's fleeing vehicle will be received from the supervisor prior to initiation of the act. 8. Specialized Police Vehicles a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, i.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate until marked police units arrive. 9. Following the Fleeing Vehicle a) All units will be spaced in such a manner to allow time to react to evasive maneuvers of the fleeing vehicle or another police vehicle. b) Officers will not pursue the fleeing vehicle the wrong way on interstate or controlled access roadways, or one way streets, unless specifically authorized to do so by a supervisory officer. 10. Aid to Outside Agencies a) Whenever units of another law enforcement agency are engaged in a pursuit and request assistance from the Department, the requesting agency shall advise the emergency communications center of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in ;q�; pursuit, it will be the responding officer's resp�h- sibility= to advise a watch supervisor and communic6aons of the request and the circumstances surrounding,,it. b) The watch commander /supervisor must approve the` request before any action is taken. y.7 OPS 02.10 c) No more than two Iowa City Police Vehicles will actively become involved in a pursuit initiated by an outside agency. This DOES NOT preclude other officers from deploying tire deflation devices, blocking intersections or otherwise assisting the outside agency. d) In instances where a vehicle is pursued by two or more vehicles from an outside agency only one Iowa City Police Vehicle may actively become involved in the pursuit. The operator of this vehicle shall communicate the speed, direction of travel and other information to the Iowa City Emergency Communications Center. 11. Firearms a) Except under the following circumstances, shooting from or at a moving vehicle is prohibited. (1) When an occupant of the fleeing vehicle is utilizing deadly force against the police officer or other persons. (2) As a last resort to prevent death or serious injury to the officer or other person(s). (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. 12. Number of Pursuit Vehicles a) The number of Iowa City Police vehicles actively involved in a pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. r d) Secondary units shall provide backup to the4rimarjz -:1 unit and may assume the pursuit should the - primary OPS 02.11 unit become disabled. Secondary units should also ensure that communications of pursuit status is maintained. V. TERMINATION OF PURSUIT A. Pursuit shall be terminated under any one of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2. Upon the determination of the pursuing officer that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non- violent felony and the identity of the violator is known. 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non - violent felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as, at rush hour or in the area of any school. C. The termination of a pursuit does not prohibit following the pursued vehicle while obeying all traffic laws, or remaining in the area to re- initiate contact if circumstances dictate. aE y4t OPS 02.12 VI. REPORTING A. The pursuing officer will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The watch supervisor will forward a written report to the Division Commander within 10 days unless an extension is allowed by the Commander of Field Operations. The reports shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures. 3. Were there other units involved and did they follow procedures? 4. Did communications perform their responsibilities? 5. Did supervisors perform their responsibilities? 6. Was force used to stop the vehicle, i.e. roadblocks or controlled stopping devices? 7. Were procedures followed regarding termination of pursuits? B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force ", hence a Use of Force report must be completed. D. As a vehicular pursuit is deemed a "use of force ", the Depa3tmentt Use of Force policy and Use of Force continuum apply to,=�ehicular_e pursuits. C VII. TRAINING tL: Officers shall receive annual training in the use of forcible =Stopping -? techniques. Sa el Hargadin hief of Police OPS 02.13 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. I r OPS -14.1 DOMESTIC VIOLENCE Date of Issue General Order Number October 8, 1999 199-10 Effective Date Section Code October 24, 2006 OPS -14 Reevaluation Date Amends / Cancels October 2008 C.A.L. E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 INDEX AS: r _ Domestic Abuse Domestic Violence Domestic Violence Reports Domestics = No Contact Orders Protective Orders y r e.3 I. PURPOSE The purpose of this General Order is to establish policy and procedures concerning domestic abuse. The Iowa City Police Department will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse - related issues. Efforts will be made to deter this criminal behavior. OPS -14.2 II. POLICY It is the policy of the Iowa City Police Department to: • Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. • Maintain a pro- arrest policy whenever probable cause exists to support the belief that a domestic abuse violation has taken place. • Protect victims and families experiencing domestic abuse, and provide information concerning support and services. • Promote officer safety by educating officers in the area of domestic abuse response. • Develop a working relationship with the Domestic Violence Intervention Program (DVIP). • Actively participate in multi- disciplinary and community efforts to prevent and reduce the incidence and severity of domestic abuse assaults and deaths. • Provide community and workplace education about domestic abuse, including releasing an annual report on domestic abuse. III. DEFINITIONS A. Domestic Abuse means an assault, as defined in Iowa Code Section 708.2A and Iowa Code Section 236.2, that has occurred between parties who share a certain relationship. The relationship element defined: 236.2(2) 1. family or household members residing together at the time of the assault or who have resided together within the past year, but not at the time of the assault; 2. separated spouses or persons divorced from one another not residing together at the time of the assault; 3. biological parents of the same minor child, regardless of whether married or living together at anytime. 4. brothers and /or sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies. B. Family or Household Members; spouses, or persons co- habitating, parents or other persons related by consanguinity or affinity. r j =_ C. Children: Children under age 18 are not subject to these provision s:` as chapter 232, Juvenile Justice, applies. '� OPS -14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. Kel- loo, 542 N.W.2d 514(1996). Kellogg provides a non - exclusive list of factors for the jury's consideration: - Sexual relations between the parties while sharing living quarters - Sharing of incomes and expenses - Joint use or ownership of property - Whether parties hold themselves out as husband and wife - The continuity of the relationship - The length of the relationship - The degree of access to the residence (does each possess a set of keys) E. Primary Physical Aggressor.- The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. F. Discretionary Arrest: Peace officers may arrest a person for a simple misdemeanor (non -injury inflicting) domestic abuse assault, but are not required to do so. Discretionary arrest also applies to indictable level offenses where the offender was not the primary physical aggressor. G. Pro - Arrest Policy: Refers to a philosophical position in which physical arrest should be made in situations where an arrest is legally permissible. C� - OPS -14.4 IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Communications B. Officer Approaching the Scene C. Officer Responsibility at the Scene D. Enforcement of Court Protection Orders E. Written Reporting = -- F. Victim Rights r G. Follow -up Investigation H. Confidentiality T - I. Hostage Situations J. Officer Training K. Officers Charged with Domestic Abuse A. COMMUNICATIONS The Emergency Communications Operator (ECO) shall dispatch officers to every reported incident of domestic abuse. When warranted, the ECO should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the ECO should ask these questions: 1. Where is the emergency? What address? What apartment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his /her name? Please describe the suspect and, if not present, his /her expected whereabouts. 7. Are weapons involved? If yes, what kind? 8. Is the suspect under the influence of drugs or alcohol? If yes, what substance? 9. Are children present? 10. Have the police been to this address before? If yes, how many times? 11. Does the victim have a current restraining order? Communications will dispatch all pertinent information to the responding officers. As events progress through a domestic abuse incident, the ECO will keep the responding officer(s) apprised. The ECO should listen for OPS -14.5 background noises that assist in evaluating the threat level (screams, shouts, threats, breaking glass, and furniture). These sounds will raise the potential danger level and can help to provide the probable cause required if criminal charges are filed. During the dispatching process, the ECO should initiate a check to determine the existence of no- contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the ECO should continue to reassure the victim /caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim /caller chooses to hang -up; this shall not influence the response effected. If the hang -up was voluntary, a callback should be made to inquire whether the victim /caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call will continue to proceed, and under no circumstances will the call be cancelled. 9 -1 -1 calls and calls for assistance or /calls received on the routine line should be preserved for any possible prosecution. Requests for 9 -1 -1 recordings to be taped for preservation will be made through the ECO supervisor by the domestic abuse investigator. Once a call is classified as a domestic, the ECO shall not reclassify the call. In instances where a call. is classified as something other than a domestic, and the call is in fact a domestic, the ECO, upon notification from the officer may reclassify the call as a domestic. B. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one -unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. _ C. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a domestics abuse incident, they shall: 1. Approach the scene safely, and in an alert manner. 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re- establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander /supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G /O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may, confer with a supervisor as needed. Identifying the primary- -- aggressor is necessary, as persons acting in self - defense are 7 exempt from this mandatory arrest. r,a OPS -14.7 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either / both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13. If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and /or heard. 14. Collect and record evidence, including torn clothing, broken objects,w` etc. 15. Photograph the following: - a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general disarray," 1 etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. 16. When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted immediately. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, OPS -14.8 address, DOB, SS #, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. D. ENFORCEMENT OF COURT PROTECTION ORDERS Violation of a valid court order shall be enforced in the same manner and with the same vigor as violations of statutory law. When encountering potential court order violations in domestic violence or other contexts, officers shall follow these procedures. 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this policy on domestic violence. 2. The officer shall verify the existence of the order and it's provisions by requesting the ECO check with the Sheriff's Dept. in the county where the order was issued and, if available, by examining any copies of the order the victim may provide. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of domestic assault or violating a no contact order, the investigating officer shall run a criminal history on the suspect and check for any prior convictions of domestic assault or violation of a no contact order. (allows for enhanced penalties) E. WRITTEN REPORTING Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the departments domestic abuse investigator. OPS -14.9 Reports will, at a minimum, contain narratives which will include the following information: 1. full names of parties involved, including dates of birth of the suspect and victim 2. address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and /or heard 4. the relationship of the victim and suspect 5. location of the assault 6. whether no contact orders are known to exist 7. a description of the scene 8. weapons used 9. whether a 9 -1 -1 call was received and if the tape was preserved 10. documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim 12. whether they received medical treatment 13. an indication of whether the victim was presented their rights 14. excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15. if the officer is aware of pending domestic charges, note that fact in the narrative F. VICTIM RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. OPS -14.10 G. FOLLOW -UP INVESTIGATIONS All domestic abuse reports shall be forwarded to the domestic abuse investigator for review. Useful information not obtained in the initial report gathering stage may require a follow -up investigation. History of domestic abuse, past requests for service with observance of frequency of occurrence noted, interview of witnesses and any other information applicable may be included. Follow -up photographs may be taken as injuries change in their appearance. Other photographs may be taken as part of the investigation, however, all photographs shall be appropriately documented. If an emergency 9 -1 -1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. H. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must honor the law reciprocally. I. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call. Special Response Team (SRT) and /or Crisis Negotiation Team (CNT) protocol and personnel may determine this strategy. J. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Department will routinely offer training in regard to domestic abuse. Training will be provided by both ln;- house_ -' staff, as well as utilizing outside authorities as available. K. OFFICERS CHARGED WITH DOMESTIC VIOLENCE Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms OPS -14.11 should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out -of- state, are identified as a suspect, the watch commander / supervisor will be immediately notified. If the person arrested /suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. e Samuel Har-gactibid, 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.- LEG -02.1 ARRESTS Date of Issue General Order Number October 11, 1999 99 -11 Effective Date Section Code November 26, 2007 LEG - 02 Reevaluation Date Amends / Cancels October 2008 C.A.L. E.A. Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7 INDEX AS: o Use of Force Arrests _ T) Citations Discretion = - ,', _! Prisoner Transport Domestic Abuse l-1 I. PURPOSE y The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. LEG -02.2 111. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. IV. PROCEDURES ARREST WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest without a warrant under the following conditions. A peace officer may make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing th domftic abuse, as defined in section 236.2, has occurred and has - ikon "le grounds for believing that the person to be arrested has committeCTA -' 1. As required by section 236.12, subsection 2. (Domestic Abuse As$ ult Provisions) TREATMENT OF PRISONERS {� In making an arrest, officers will use only that amount of force° reasor�*Iy necessary to effect the arrest. Prisoners shall be treated with approvf -fiate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury. ARREST /CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject. (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles.) Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, LEG -02.3 shall include but shall not be limited to all of the following: (see 805.1(3)(b) Code of Iowa) A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person. (see 805.1(3)(c) Code of Iowa): �l A. Place and length of residence. B. Family relationships. - -; C. References. _ D. Present and past employment. ` E. Criminal record. F. Nature and circumstances of the alleged offense. =1 G. Other facts relevant to the likelihood of the person's response to a c tation�.D Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. TURN IN PROCESS When arrangements have been made for a subject to turn him /herself in at a later date, the charging officer shall: LEG -02.4 A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn him /herself in; B. advise the ECO of the location of the charge(s); C. fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him /her and transport him /her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any un- served warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT - Authority to arrest persons with a warrant is contained in Chapter K.4 of �4e Code of Iowa. Section 804.6 of the Code of Iowa is as follows: Persons authorized to make an arrest.,3 An arrest pursuant to a warrant shall be made only by a peace officer; in ot"r cases, an arrest may be made by a peace officer or by a private person as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. . SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. warrants for persons known to be violent or potentially dangerous; 2. felony warrants 3. warrants for indictable offenses; 4. non - violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by sworn officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their In Car Recording Device when serving the warrant. H. Officers shall notify the ECO of the pending action and its location. As appropriate other officers may be notified of the activity. LEG -02.5 I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport toe subjebk to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outsidethe corporate limits of Iowa City, the offer shall: 1. obtain the permission of a watch supervisor; 2. advise the ECO of the action; ' 3. contact the local agency with jurisdiction and request the presence of-'a local officer during the arrest. USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident and directives from supervisors. B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. LEG -02.6 Samuel Harga , Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form; the basis for ,departmental, administrative. sanctions. LEG -02.7 APPENDIX I Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3, of the `>qwa Constitution which states "Privileged from arrest. SEC. 11. Senators -and representatives, in all cases, except treason, felony, or breach of the peace, shall -fie privileged from arrest during the session of the general assembly, and in going to Farad returning from the same." _ Members of the National Guard are regulated under chapter 29A.41 of the codd76f Iowa. The code states," A member of the national guard shall not be arrested, "qr served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty. The articles of equipment personally owned by such members are exempt from seizure or sale for debt." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access publication which is available on -line at the U.S. State Department's web site. LEG -03.1 FIELD INTERVIEWS AND "PAT- DOWN" SEARCHES Date of Issue General Order Number October 13, 1999 99 -12 Effective Date Section Code O_ October 22, 2007 LEG -03 Reevaluation Date Amends / Cancels ' October 2008 C.A.L.E.A. Reference y 1.2.3. 1.2.4 INDEX AS: Field Interviews Pat -Down Searches Field Information (FI) Cards Searches -Tl I. PURPOSE The purpose of this policy is to assist officers in determining when field interviews and pat -down searches are warranted and the manner in which they shall be conducted. 11. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform pat -down searches in conformance with procedures set forth in this policy. LEG -03.2 III. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat -Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality aAhe circumstances, lead an officer to reasonably suspect that criminCactivitoas been, is being or is about to be committed. IV. PROCEDURES A. FIELD INTERVIEWS 1. Justification for conducting a Field Interview - Officers''may stop individuals for the purpose of conducting a field interview only where reasonable suspicion is present. Reasonable suspicion must be more than a hunch or feeling, but need not meet the test for probable cause sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. The appearance or demeanor of an individual suggests that he /she is part of a criminal enterprise or is engaged in criminal activity; b. The actions of the suspect suggest that he /she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's presence in the area; d. The suspect's presence in a location is inappropriate; e. The suspect is carrying a suspicious object; f. The suspect's clothing bulges in a manner that suggests he /she is carrying a weapon; g. The suspect is in proximate time and place to the alleged crime; h. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 2. Procedures for initiating a Field Interview - Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he /she has an articulable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify him /herself as a member of the Iowa City Police Department, and if LEG -03.3 not in uniform, the officer shall announce his /her identity and display departmental identification. b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. e. Officers are not required to give suspects "Miranda" warnings in order to conduct field interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and write the incident number on the FI card. Field Information Cards should be submitted to the Records Division. Upon entry of the informat fron e FI card into the records system, the Report Review Officer s _ If-fiorW the original FI cards to the Lieutenant of Investigations. = _ E i B. PAT -DOWN SEARCHES `" 1 1. Justification for conducting Pat -Down Searches: An officer has file '-igqato , Y, perform a pat -down search of the outer garments of a Sspectrfor weapons if he /she has been legitimately stopped with reasonavle suspicion and only when the officer has a reasonable fear for his /her own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting a pat -down search. Following are some criteria that may form the basis for establishing justification for performing a pat -down search. Officers should note that these factors are not all- inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. a. The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. LEG -03.4 d. Prior knowledge of the suspect's use of force and /or propensity to carry weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing a Pat -Down Search a. When reasonable suspicion exists to perform a pat -down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only, be performed to protect the safety of officers and others and may never be used to harass individuals or groups of individuals or as a pretext for obtaining evidence. Under these circumstances, pat -down searches should be conducted in the following manner. 1) When possible, pat -down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat -down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat -down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the officer may make an arrest of the suspect and complete a full- custody search of the suspect. b. It is emphasized that none of these requirements preclude officers from requesting consent from the individual for a more thorough search, i.e.: backpacks, bags etc. 3. If during the course of an authorized pat -down search of an individual, an officer comes upon an item that the officer readily recognizes through his /her experience and training is probably contraband, the officer,,_ ay remove the item from the suspects clothing. If upon further«xamir) ion the seized item is of a nature for which the possession of 1s chm"he officer may make an arrest of the suspect and complete a:,fu -11= custody. -1 � search of the suspect. - "' LEG-03.5 Samuel HE(rga/ din e&Wef_of Po—lice 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. SER -05.1 L u I ?3 C, : ' A WEAPONS ,n Date of Issue General Order Number October 4, 2000 00 -08 Effective Date Section Code October 23, 2007 SER -05 Reevaluation Date Amends / Cancels October 2008 C.A.L.E.A. Reference 1.3.9 -12, 33.1.5, 33.5.1 Use of Force / Training INDEX AS: Firearms Use of Force Munitions Less Lethal Off -duty weapons Training Weapons Field Training Special Response Team I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and /or violent subjects create handling and control problems requiring special training and equipment. SER -05.2 M. DEFINITIONS Lead Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Range Instructor - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - Sworn member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment in tactical situations. Authorized Automatic Weapon - Any department issued automatic weapon which the officer has met approved levels of proficiency in firearms qualification training. Projectile Launcher - Any department issued launcher with which the officer has met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious injury t[An conventional police tactics. Subject - The person who is the focus of the police operation. C.J Official color of duty - Any action taken by a sworn officer whether on -(J-T toff dpty -1 pursuant to his /her status or authority as a police officer and within the sce9e -of their ;`J duties. _ ca G� Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. SER -05.3 Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty without the express written permission of the Chief of Police or designee. IV. PROCEDURES A. GENERAL FIREARMS REQUIREMENTS 1. All on -duty sworn personnel, whether in uniform or non - uniform, shall be armed with a departmentally issued duty handgun. (see Appendix 1) a. Exceptions - i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. Le. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non - uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on -going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate. a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical. 3. Non - uniformed on -duty officers carrying a firearm in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. SER -05.4 4. Whether on or off -duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he /she is participating. iii. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off -duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off - duty, it shall be concealed from public view. An officer electing not to carry a handgun while off -duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. The carrying of a personal backup firearm while on duty is prohibited. 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10. While on -duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) 11. Long guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. 12. Only magazines authorized by the department may be used in a firearm. 13. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14. When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by.-the department. C, 15.All department issued firearms shall be stored, handled,- and I- or_T.y maintained in such a manner as to prevent the firearm from_':accide lly _vr discharging. — c..a SER -05.5 16. All department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. 17. Officers shall not carry any firearm under the following circumstancs: ` a. The officer is on suspension or is directed not to do so by the- Chief)of Police. - =� b. The officer has not successfully met proficiency and qualification levels -�. as set forth by the Department. -f c. While under the influence of alcoholic beverages or mediq*ions t}ipt impair physical or mental ability. rl� 18. Probationary officers shall carry weapons as directed by Field Training protocols. B. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non -law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. SER -05.6 C. AUTHORIZED WEAPONS (see Appendix 1) 1. On -duty handgun, uniform duty a. An approved on -duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double- action only or decock -only models. Single- action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) round minimum. v. Handguns shall be carried in department authorized holsters. 2. On -duty handgun, non - uniform duty (see Appendix 1) a. An approved on -duty handgun for non - uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double- action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely securel"their weapon. = 3. Off -duty Handguns (see Appendix 1) a. An approved off -duty handgun is any department issued -aandg n or - personally owned handgun meeting the following requirements. i. Criteria for personally owned, off -duty handguns <..a a) .380 ACP or larger y *� b) .45 ACP or smaller c) Annually inspected by a departmental armorer or firearms instructor. ii. Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi - automatics shall be carried according to manufacturer specifications. Semi -autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. SER -05.7 iv. Ammunition Capacity: five (5) round minimum. V. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons (see Appendix 1) a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 5. Authorized Shotguns (see Appendix 1) a. An approved shotgun is any department issued shotgun. 6. Authorized Rifle (see Appendix 1) a. Specified SRT personnel and Patrol Rifle Operators may be authorized to carry a department issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher (see Appendix 1) a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8. Firearms Records a. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of;,-duty which shall include: i. Initial date of service -- ii. Description =_ CIO iii. Manufacturer and Caliber - - _, iv. Serial number - s v. Repair, service and modification history e.a vi. Officer and date approved �- r� vii. Proficiency qualification scores and dates. a. Proficiency qualification scores /dates shall be forwarded to the Training Unit. b. A copy of the firearm record shall be provided to the Commander of Field Operations. SER -05.8 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip -on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Lead Range Officer shall be notified in writing of all modifications or repairs. Documentation shall be kept on file with the Lead Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued or Department approved personally owned firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. b. Each repair or service transaction shall be documented and recorded as required in section 9. ii. above. 11. Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. (see Appendix 1) This ammunition shall not be modified in any way. b. The Lead Range Officer shall be responsible for issuing all duty and training ammunition for all officers of the Department. i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be appr6ved by4he Chief of Police or designee. iv. All ammunition carried in a department approved, personally: owned off -duty firearm shall be approved by the Chief of- Police( -,br designee. 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. SER -05.9 a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer /Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass /fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: i. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the -- officer on accuracy. v- iii. Shoot/don't shoot targets that represent the need for an- officer; to - react appropriately. f Q iv. Firearms Training System (FATS) - -_ f. Successful completion of a transitional training course conducted`'by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prJor to being approved to carry the new handgun. `11) g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. SER -05.10 k. All firearm instruction, training and qualification shall be provided by a certified instructor. 13. Less Lethal Impact Projectiles a. There are many projectiles considered "less lethal ". The primary types used by the Iowa City Police Department are: i. "bean sock" round - 12 gauge ii. non - flexible - 37mm round b. Only rounds purchased by the department may be used during a deployment. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deRloy the device. 14. Impact Weapons Training will be designed to require the officer to demonstrate' proficQ$ y with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as - -an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. - a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in- service training in the use of impact weapons. c. All in- service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents (see Appendix 1) Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. SER -05.11 a. Uniformed and non - uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples of other agents and deployment methods include but are not limited to: i. 12 Gauge chemical munitions ii. 37 mm chemical munitions iii. Foggers iv. Pepper ball Systems 19. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. 20. Less Lethal /Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The Commander of Field Operations is responsible for maintaining a record of each special weapon (firearm, Less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: - i. Type of weapon /munitions ii. Manufacturer iii. Model number if any iv. Serial number if any v. Number of units (munitions) - vi. Address and location of storage c,a vii. Name of personnel issued to. <_ b. All weapons shall be inspected and found acceptable for use by he unit supervisor prior to deployment. 21. Proficiency Records At least annually, each employee shall receive in- service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. SER -05.12 i. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. amu I qarg66ine, dhief 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. SER -05.13 APPENDIX I Following is a list of weapons approved for use by members of the Iowa City Police Department. Asp brand Tactical Baton, 21 inch and 26 inch Defense Technologies MK -3, MK -9, MK -46 aerosol projectors (10% solution Oleoresin Capsicum) Glock Model 22 -.40 Caliber 15 Round Magazine Semi - Automatic Handgun Glock Model 23 -.40 Caliber 13 Round Magazine Semi - Automatic Handgun Remington 11 -87 12 Gauge Semi - Automatic Shotgun Remington 870 12 Gauge Pump Action Shotgun Mossberg 12 Gauge Pump Action Shotgun HK/Benelli 12 Gauge Semi - Automatic Shotgun HK MP5 /40 Sub Machine Gun Gas Operated Semi - Automatic .223 Caliber Rifle with Box Style Magazine (Manufacturer Approved by Commander of Field Operations) Smith & Wesson Model 276 Less Lethal Launcher Federal Labs 1.5 Caliber Gas Launcher fie Royal Arms (Arwen Ace) 37mm Gas /Less Lethal Launcher - Remington Model 700 .308 Bolt Action Long Rifle Remington Model 700 .223 Bolt Action Long Rifle Marlin .22 Caliber Bolt Action Rifle Chemical Weapons: SER -05.14 JayCor Pepperball SA200 Launcher w/ the following projectiles: Red (pepper) Purple (training) Clear (water) Green (marker) Glass shattering Defense Technologies MK -3, MK -9, MK -46 aerosol projectors (10% solution Oleoresin Capsicum) Defense Technologies #4 Continuous Discharge Pyrotechnic CS Grenade Defense Technologies #15 Stinger CS Grenade Defense Technologies #15 Stinger OC Grenade Defense Technologies T -16 Hand Toss CS Canister Defense Technologies T -16 Hand Toss OC Canister Following is a list of ammunition approved for use by members of the Iowa City Police Department. Handgun: Speer — Lawman .40 S &W 180 Grain TMJ (practice) Speer — Gold Dot .40 S &W 180 Grain GDHP (duty) - - Shotgun: Federal Classic Buckshot 12 ga., 2 3/ " 9 pellet r -' Federal Law Enforcement 12 ga., 23/4 " 9 pellet Federal Classic Rifled Slug 12 ga., 2 3/ " 1 oz slug Federal 12 ga., 2 3/ " #8 shot (phasing out) Remington Reduced Recoil 12 ga., 23/4 " 8 pellet 00 buck (phasing out) Rifle: SER -05.15 Federal .223 Rem 55 gr. BTHP Federal .223 Rem 69 gr. Sierra Matchking BTHP Gold Medal Federal .308 Win 165 gr. Tactical load CCI .22 LR .22 cal long rifle Hollow Point Mini Mag Winchester .22 LR .22 cal Long Rifle Hollow Point high velocity Remington .22 LR .22 cal Long Rifle Std. Velocity Solid bullet Chemical Munitions: Defense Technologies #40 T -14 37mm — OC Defense Technologies #40 T -14 37mm — CS Defense Technologies #23 12g Shotgun — OC Defense Technologies #23 12g Shotgun — CS ADM 09.1 FISCAL MANAGEMENT Date of Issue General Order Number November 16, 2007 07-03 I Effective Date Section Code LNovember 16, 2007 ADM- 09 Reevaluation Date Amends / Cancels November 2010 1 C.A.L. - A. 17.1.1,17.2.1 1 Reference 17.2.2,17.3.1,17.4.1-17.4.3,17.6.1-17.5.3 INDEX AS: Fiscal Management Budget Emergency Expenditures I. PURPOSE The purpose of this order is to establish policy and procedure related to Departmental budgeting, accounting and fiscal control procedures. POLICY il.-matters of thi the City of low; ADM 09.2 III. DEFINITIONS Fiscal Year — July 1 through June 30 of each year. Appropriation — Money allocated to the Police Department to spend for authorized purposes, such as for personnel services, operating expenses, capital outlay, etc. Encumbrance — A commitment in the form of a purchase order, contract, salary, or similar item that will become payable when goods are delivered or services rendered. Unencumbered Balance — That part of an appropriation or allotment that has not been committed and is thus available for expenditure. IV. PROCEDURES W [:� C FISCAL MANAGEMENT AUTHORITY AND RESPONSIBILITY 1. The Chief of Police is responsible for the fiscal management of the Police Department. 2. The City Finance Department is responsible for supervising the fiscal management of all City Departments and for maintaining accurate and thorough records of all financial transactions. 3. The Chief of Police, in cooperation with the City Manager, will annually prepare and submit an operating and capital budget for the Department, subject to the review and approval of the City Council. FISCAL MANAGEMENT FUNCTION The Chief of Police may delegate part or all of this duty to other departmental personnel. Generally, all aspects of the budget process, including the constant monitoring of budget expenditures, will be performed by the Division Commanders under the Chiefs guidance and control. BUDGET PREPARATION 1. The Department budget will be prepared on an annual basis and will be developed in cooperation with all organizational components and command staff. 2. The Department's budget requests will be prepared and submitted on forms provided by the City's Finance Department. The City Manager will review the requests and based on overall financial direction provided by the City Council, recommend a budget for the Police Department. A E. F ADM 09.3 BUDGET RECOMMENDATIONS 1. The Division Commanders will monitor and evaluate their Division's budget areas for problems and /or deficiencies. They are responsible for making recommendations for adjustments during the annual budget preparation. 2. The Division Commanders will address fiscal objectives in regard to their specific program areas in their annual budget request forms. This will be submitted to the Chief of Police. 3. Each year the City Finance Department will publish a budget calendar stating due dates for review of budget requests. ACCOUNTING SYSTEM — (MONTHLY STATUS REPORTS) 1. Each month, the Chief of Police will receive a current status report from the City Finance Department that details the following: a. Description and initial appropriation for each line item budget amount. b. Total expenditures and encumbrances made from the beginning of the fiscal year to date. c. Current unencumbered balance. d. Percentage of each account spent. EMERGENCY_ EXPENDITURES / FUND TRANSFERS 1. In unanticipated situations, where it is determined by the City Manager there is an immediate threat to the public safety or welfare, the Chief of Police may obtain immediate approval from the City Manager for emergency expenditures or emergency rental agreements, i.e., additional equipment, supplies, etc. Also, see the City of Iowa City Purchasing Procedures Manual, Emergency Procurement Section. 2. The Chief of Police may also request, from the City of Iowa City Finance Department, budget transfers be made from one budgetary area to another to compensate for emergency expenditures, i.e., additional funds for overtime expended due to an emergency situation. 3. The City also maintains a contingency in the general fund annually for unanticipated expenditures for all general government programs including public safety. .,e,I ADM 09.4 G. INDEPENDENT AUDIT 1. The City of Iowa City Finance Department arranges for a comprehensive independent audit of all City accounts each year by contracting with an independent auditing firm. H. EQUIPMENT REQUISITIONS AND PURCHASES 1. All purchases of equipment, supplies, etc., will follow the procedures set forth in the City of Iowa City Purchasing Procedures Manual, to include the minimum; a. Specifications for items requiring standardized purchases; b. Bidding procedures; c. Criteria for selection of vendors and bidders. 2. General guidelines a. Requests for expenditures up to $1500 may be approved by the Commander of Field Operations or Administrative Services. All requests for expenditures over $1500 will be forwarded through the chain of command to the Chief of Police or designee for approval. b. After the Chief's approval, all purchasing requests will be submitted to the City Finance Department to ensure that the items requested are budgeted and the funds are available. This part of the process includes review of all requests by the City's purchasing agent, the attainment of any necessary comparative prices, and if required by the policy the submission of a completed purchase order to the City Manager for approval. f SanYuel Hargadin hief of olice Iowa City Police Department Standard Operating Guideline C� SOG #: Effective date: 07 -04 November 21, 2007 11� y` Subject: Reference: =_- Mobile Data System Mobile Data Computers, != Communications -' Section: Issue #: OPS 1 Comm Sio; re: - T M Purpose: r-13 f ,? Ca The purpose of this SOG is to establish department policy and procedures governing the use and security of the police department's mobile data system. Policy: Mobile Data Computers provide field officers with a near "real -time" access to local, state and national criminal justice computer databases. This technology is a vital resource for improving officer safety, efficiency and productivity. Mobile data also enable officers to communicate directly with each other, the Communications Center, and with other law enforcement agencies using wireless technology. The mobile data system shall be used for official purposes only and in strict accordance with applicable regulations established by the Iowa Department of Public Safety and the Iowa City Police Department. Definitions: The following definitions are for the limited purpose of this SOG and may not apply in all other cases: 1. Mobile Data Computer (MDC): an approved combination of a laptop computer, operating software, and a radio modem, which allows an authorized user to access the IOWA network and ICPD databases. 2. Mobile Data System: the combination of mobile computers and headquarters based wireless data technology that enables cars to interface directly with IOWA as well as the police department's computer aided dispatch (CAD) and records management system (RMS). 3. IOWA (Iowa On -line Warrants and Articles Criminal Justice Information System): a system established by the Iowa Department of Public Safety to develop and enhance a statewide system of communication. The IOWA system allows criminal justice agencies to access nationwide computerized banks of information, request driver license and motor vehicle information, exchange criminal history information and communicate with other criminal justice agencies. Procedures: A. SYSTEM ADMINISTRATION _. 1. The Department's System Analyst serves as the police department's System A_dfiinistrr, and will have administrative authority over all access and use of the mobile data system by agency employees. 2. Authorized employees will utilize a security password approved by the System Administrator to access the IOWA system and local databases. Employees shall not disclose their password to anyone other than the System Administrator. B. TRAINING & CERTIFICATION REQUIRED 1. Only those employees who have successfully completed department approved training in the operation of the MDC may operate the terminal. In house training will be provided for MDC access of local databases and the use of field reporting features. 2. Only those employees who hold a valid certification from the Iowa Department of Public Safety may log onto IOWA or perform IOWA transactions from an MDC. 3. All employees must review the City of Iowa City software policy, and review and sign the City of Iowa City Internet / Intranet / Electronic mail policy prior to using any City owned computers. C. USE OF MOBILE DATA SYSTEM 1. All communication transmitted over the mobile data system must be business related and conform to IOWA and FCC regulations. 2. Communication over the mobile data system is not intended to replace radio communication, rather to enhance it and make it more efficient. Because not every police vehicle is equipped with an MDC, it is critical that all on -duty officers and supervisors be made aware of emergencies and other situations affecting officer safety. 3. Use of Mobile Data in Call Dispatching: (a) Calls for service and general information will be broadcast by radio with the exception of non - emergency routine calls such as parking violations, animal calls, etc. Other exceptions are those instances where monitoring of police radio frequencies is suspected in the commission of crime. (b) Dispatch information such as house numbers or call location, complainant name, and vehicle or suspect descriptions, may be transmitted via mobile data to responding officers as a supplement to the radio broadcast. This will reduce the need for officers to manually record this information and /or have the information repeated by the Communications Center. (c) Follow -up or sensitive information about a call may be transmitted to the responding officer(s) or Communications Center via mobile data if the information does not affect general officer safety. 4. Officers are to limit switched routine messages to official business only. Switched messages are logged for administrative review. Personal and inappropriate messaging may result in disciplinary action and /or revocation of an officer's authorization to access the mobile data system. 5. Computerized criminal history (CCH) and driver history information received from IOWA inquiries is considered confidential and may be released only to authorized criminal justice personnel in accordance with IOWA security regulations. 6. The mobile data system provides field officers with direct limited access to the police department's records management system (RMS). The system also provides officers with a limited capability for wireless field reporting of incidents. The use of an MDC to rWjeve or ut data into the agency's RMS must be in accordance with departmental policy anal-- establied field reporting guidelines. - _ -- D. SAFETY ISSUES =� 1. Police officers must not let the operation of an MDC distract them from their prfmairy duj to drive with due regard for the safety of themselves and other users of the highwai_ Wherf`�he police vehicle is in motion, the officer should operate the terminal ONLY if such 6peratiori:6-an be safely accomplished. (Note: This section does not apply to operation of the MDC by a secondary officer riding as a passenger in the police vehicle). 2. During vehicle stops and other potential enforcement situations, officers must remain alert to their surroundings and the movement of individuals who could pose a potential threat. Officers should avoid becoming so focused on MDC operation that they fail to see movement or other actions that could pose a hazard to officer safety. 3. Officers are to ensure that vehicle mounted MDC equipment is not positioned in a manner that could interfere with deployment of the air bag safety system. E. MAINTENANCE & SECURITY OF MOBILE DATA EQUIPMENT 1. Upon beginning a tour of duty, officers and employees are to inspect the MDC for proper operation. Any malfunction or problem shall be reported to the System Administrator as soon as practical. The System Administrator will be responsible for arranging the repair or service of the unit by a qualified technician. 2. All maintenance and service to mobile data equipment must be authorized in advance by the System Administrator. This includes any repair or modification of the equipment, as well as the installation, upgrade, deletion, or modification of operating software. The installation of supplemental software will be approved based on a demonstrated business need. Unauthorized software, manipulation or alteration is prohibited. id 4 3. When off duty or leaving the vehicle unattended for an extended period, officers and / or employees are to ensure that the MDC is turned off. 4. The System Administrator or their designee will conduct periodic inspections of all mobile data equipment and system components. Inspections will cover both the physical condition of the equipment and its operational status. 5. IOWA requires that no information from IOWA System terminals be displayed or viewed by the public or anyone other than criminal justice employees. 6. The power to the MDC and radio modem shall be turned off when the patrol vehicle is not assigned, not used for extended periods of time or is out of service for repairs. This requirement is intended to prevent any authorized access to IOWA via the mobile data system. C? IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT August 2007 Ofc # Date Inc # Incident Force Used Officers [attempting to ID persons following a burglary] pursued three persons that fled into an apartment. Officers forced open the door & held the persons at gunpoint while handcuffing them. Officer used hands -on control techniques & OC to separate combatants & arrest/transport the aggressor. Officer used hands -on control techniques to control & arrest an uncooperative person following a fight. Officers were involved in a vehicle pursuit while attempting to apprehend an escapee [bank robber]. The escapee fled on foot into an apartment complex. Officers displayed firearms & used hands -on control techniques while apprehending /arresting the escapee. Officer used hands -on control, techniques to apprehend, arrest, & transport a fleeing suspect. Officers used the less - lethal shotgun (beanbag projectile) & hands -on control techniques to disarm & transport a suicidal person with a 50 knife. 45 08 -12 39278 Animal Officer used sidearm to destroy an injured complaint 30 08 -12 39326 Fight 22 08 -14 39686 Traffic stop 03/35 08 -17 40127 Intoxicated person raccoon. Officer used hands -on control techniques to control an uncooperative prisoner that had managed to remove the handcuffs. Officer used hands -on control techniques while securing & transporting a combative prisoner. Officers used hands -on control techniques to remove, arrest, & transport a confrontational person interfering with officers' attempts to attend to an injured person. 24/38 08 -21 41109 Criminal Officers used hands -on control techniques & OC mischief to control & transport an uncooperative, destructive prisoner. 21/22P 08 -2 41121 Fight Officers used hands -on control techniques & OC 27 ,.;, f to separate & arrest three combatants. C7:D �o = f 0 C_ 2007- 19/59 08 -01 37306 Out with subject [re: burglary] 50 08 -04 37855 Trespass 31 08 -08 37992 Fight 08/33/ 08 -08 38490 Warrant service 39 [escapee] 12 08 -08 38575 Criminal mischief 05/12/ 08 -08 38598 Suicidal subject 23/29/ 35/44/ Officers [attempting to ID persons following a burglary] pursued three persons that fled into an apartment. Officers forced open the door & held the persons at gunpoint while handcuffing them. Officer used hands -on control techniques & OC to separate combatants & arrest/transport the aggressor. Officer used hands -on control techniques to control & arrest an uncooperative person following a fight. Officers were involved in a vehicle pursuit while attempting to apprehend an escapee [bank robber]. The escapee fled on foot into an apartment complex. Officers displayed firearms & used hands -on control techniques while apprehending /arresting the escapee. Officer used hands -on control, techniques to apprehend, arrest, & transport a fleeing suspect. Officers used the less - lethal shotgun (beanbag projectile) & hands -on control techniques to disarm & transport a suicidal person with a 50 knife. 45 08 -12 39278 Animal Officer used sidearm to destroy an injured complaint 30 08 -12 39326 Fight 22 08 -14 39686 Traffic stop 03/35 08 -17 40127 Intoxicated person raccoon. Officer used hands -on control techniques to control an uncooperative prisoner that had managed to remove the handcuffs. Officer used hands -on control techniques while securing & transporting a combative prisoner. Officers used hands -on control techniques to remove, arrest, & transport a confrontational person interfering with officers' attempts to attend to an injured person. 24/38 08 -21 41109 Criminal Officers used hands -on control techniques & OC mischief to control & transport an uncooperative, destructive prisoner. 21/22P 08 -2 41121 Fight Officers used hands -on control techniques & OC 27 ,.;, f to separate & arrest three combatants. C7:D �o = f 0 C_ 28 08 -23 41419 Warrant service Officer used hands -on control techniques to apprehend & transport a fleeing suspect. 04 08 -24 41794 Welfare check Officer used hands -on control techniques to arrest& transport an assaultive person. 20 08 -25 42083 Wanted subject Officer used hands -on control techniques to prevent a resistive person from fleeing & to effect an arrest. 32 08 -26 42107 Bar check Officer used hands -on control techniques & OC ��- . to apprehend & arrest a fleeing person. 31 08 -26 42171 Disorderly Officer used hands -on control techniques to Co house remove & arrest an uncooperative person. 05/32/ 08 -26 42183 Fight Officers used hands -on control techniques & OC 44 to control & arrest three uncooperative, aggressive persons following a fight. 06 08 -26 42270 Animal Officer used sidearm to destroy an injured deer. complaint 31/44 08 -27 42359 Armed subject Officers responded to a report of a vehicle [knife] occupant displaying a knife to a passerby. Officers displayed sidearms while stopping vehicle & securing occupants. 48 08 -30 43114 Animal Officer used sidearm to destroy a sick raccoon. complaint Q N Q ��- . � Co IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT September 2007 OR # Date Inc # Incident Force Used 2007- 44 09 -02 43585 Intoxicated Officer used hands -on control techniques to subject complete transport of a combative prisoner. 25 09 -03 43889 Animal Officer used sidearm to destroy an inured complaint opossum. 60 09 -05 44343 Animal Officer used sidearm to destroy a sick raccoon. 90/59 09 -07 44594 Suspicious Officers used hands -on control techniques to person arrest a combative person that attempted to flee. 05/08 09 -08 44929 Stolen vehicle Officers displayed sidearms while arresting the driver of a stolen vehicle that reached for an unknown object. 33/56 09 -09 45295 Domestic fight Officers used hands -on control techniques & OC to arrest a resistive person. 52 09 -09 45373 Animal Officer used sidearm to destroy a sick raccoon. complaint 12 09 -10 45431 Animal Officer used sidearm to destroy an injured omplaint raccoon. 45 09 -10 45527 Animal Officer used sidearm to destroy a sick raccoon. complaint III 52 09 -11 45690 Animal Officer used sidearm to destroy a sick raccoon. complaint 05/50 09 -15 46372 Armed Robbery Officers displayed sidearms while arresting an armed [w /gun] robbery suspect. 29 09 -15 46454 Animal Officer used sidearm to destroy a sick raccoon. complaint 30 09 -23 48142 Fight Officer used hands -on control techniques while arresting a resistive person. 12 09 -27 48764 Burglary Officer used hands -on control techniques to apprehend & arrest a fleeing suspect. 37 09 -27 48773 Animal Officer used sidearm to dispatch a raccoon. complaint 04 09 -27 48946 Intoxicated Officer used hands -on control techniques to subject arrest & transport a resistive person. 30 09 -28 49208 Welfare check Officer used hands -on control techniques to arrest a resistive person. 35 09 -29 49309 Fight Officer used hands -on control techniques to maintain control of a resistive prison& V ,_Y�r11 � III V 08/11 09 -29 49629 Fight Officers used hands -on control techniques & OC while arresting a combative person. 51 09 -30 49713 Open container Officer used hands -on control techniques while arresting a resistive person. E N , l �7I`i DEPARTMENT , I E--�,� TO: FROM REF: DATE: Chief Hargadine, Watch Commanders Captain Widmer May- August Use of Force Review October 18, 2007 The "Use of Force Review Committee" met on October 18, 2007. It was composed of Captain Widmer, Sgt. Lord and Sgt. Kelsay and Officer Nixon. The review of submitted reports for May (26 incidents -45 reports), June (20 incidents -29 reports), July (15 incidents -20 reports) and August (21 incidents -38 reports) revealed no policy or training concerns. Of the 82 incidents, 6 were for a drawn sidearm (building search or felony stop) and 14 were for destroying an injured animal. One report was returned to have the supervisor provide instruction on photo being taken for all noted suspect injuries. In addition, two incidents were discovered where it seemed a second officer may have been involved in the documented use of force and a report made. These are also being given to the supervisor for instruction. Supervisors are doing a good job in their review and documentation of the level of force. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee -� 71 co y -,J December 12, 2007 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #07 -01 Filed: 12/04/07 Chief's Report due (90days): 03/03/08 Chief's Report filed: PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 PCRB Report due (45days): ? ?/ ? ?/08 PCRB MEETING SCHEDULE January 8, 2008 February 12, 2008 March 11, 2008 April 8, 2008 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS October 2007 Date Description 10 -24 Caller requested information on different timelines for filing with PCRB and Police Department directly; possibility of filing both simultaneously; and questioned why Police form was not available online since PCRB form is. (Note: Police have added form to their website) POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS November 2007 Date Description None Working Better by For more Working Together information The real strength of Coralville Police Dept. law enforcement con- Meleah Droll 248-1800 248 -1800 tinues to come from working with its citi- zens. The officers, Iowa City Police Dept. Sgt. Mike Lord civilian employees, and 356 -5286 the community coming together is an exam - Johnson County P le of the cooperation 5heriff needed to face to- Lt. Gary Kramer 356 -6020 day's challenges in our community. The Citi- zen's Police Academy U of I Police Dept. Officer Brad Allison is one contribution to 335 -5043 this important part- nership. en s Pol ice Acade Hosted by Iowa City Police, Coralville Police, Johnson County Sheriff, and UI Police IOWA CITY POLICE DEPARTMENT CORALVILLE POLICE DEPARTMENT JOHNSON COUNTY SHERIFF'S DEPARTMENT UNIVERSITY OF IOWA POLICE - ACADEMY INSTRUCTIONS The Citizen's Police Academy shall not interfere with routine operations of any law enforcement agency. 2. During ride along activities, participants will follow all instructions given by the officer. No interference with the performance of any officer shall be permitted. 3. The student shall not be armed at any time. 4. Participants who are asked to identify themselves should explain that they are a Citizen's Police Academy participant. 5. SMOKING IS NOT ALLOWED in any government building or vehicle. 6. A criminal records check will be conducted on all students prior to the Academy. 7. All participants will conduct themselves in an appropriate and professional manner. S. Violation of any instruction, guideline, rule or failure to comply with a reasonable request will terminate the citizen's participation in the Academy. This is at the discretion of any member of the Coralville, Iowa City, or University Police Departments, or Johnson County Sheriffs Department. In consideration of the above law enforcement agencies granting permission to enter in or upon any premises or vehicles which are under their actual care or constructive or passive control, 1 hereby waive all claims to damage or loss to my person or property which may be caused by any act, or failure to act, of the Coralville, Iowa City, and/or University Police Departments, and /or Johnson County Sheriffs Department, its officers, agents or employees. I assume the risk of all dangerous conditions in, upon or about the premises or vehicles and waive any and all notice or existence of such conditions. I certify that I understand the requirements and responsibilities of participants in this program. Applicant signature bate IOWA CITY POLICE DEPARTMENT CORALVILLE POLICE DEPARTMENT JOHNSON COUNTY SHERIFF'S DEPARTMENT UNIVERSITY OF IOWA POLICE CITIZEN'S POLICE ACADEMY APPLICATION FORM Please type or print legibly in black ink NAME: First Middle Last ADDRESS: Number Street Apt. # City HOME PHONE: WORK PHONE: DATE OF BIRTH: DRIVER'S LICENSE # AND STATE EMPLOYER: OCCUPATION: EMPLOYER'S ADDRESS: HAVE YOU BEEN ARRESTED FOR ANY OFFENSE OTHER THAN TRAFFIC? YES() NO( ) IF YES, WHAT FOR? WHEN? WHERE? ARE YOU ABLE TO ATTEND 8 OR MORE SESSIONS? YES () NO ( ) ON A SEPARATE SHEET, EXPLAIN WHY YOU WANT TO ATTEND THE CITIZEN'S POLICE ACADEMY. Please type or print legibly in black ink- PLEASE CIRCLE THE SIZE SHIRT YOU WEAR:. S M L XL XXL A $25 CONTRIBUTION IS REQUESTED TO COVER COSTS OF MATERIALS AND SUPPLIES. PLEASE ATTACH PAYMENT TO THIS APPLICATION. I hereby certify that the Information in this application Is true and complete to the best of my knowledge. You are hereby authorized to make any investigation of my personal history deemed necessary of consideration to attend the Citizen's Police Academy. Applicants aignature Date Updated 12101107 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 3255 Hastings Ave 52245 (C) 515- 771 -0514 gohawkeyes54 @yahoo.com Michael Larson, Chair 625 Scott Park Road Iowa City, IA 52245 (H) 358 -7818 Loren Horton 1 Oaknoll Ct, Apt #303 Iowa City IA 52246 -5250 (H) 351 -5842 Greg Roth 770 Broadmoor Dr North Liberty, IA 52317 (H) 665 -4338 groth @kirkwood.edu Elizabeth Engel, Vice Chair 1 Oaknoll Ct, Apt #473 Iowa City IA 52246 -5250 (H) 466 -3092 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 Police board complaints stay the same e q,� OCT 11 2007 By Nicholas Kelly THE DAILY IOWAN The annual number of com- plaints to the Iowa City Police Citizens Review Board for the fiscal 2007 remains largely unchanged according to the City Clerk's office yearly report. The police -board report, which is submitted to the Iowa City City Council each year for review, shows that for the sever,,h year in a row, the board has received roughly the same number of complaints each year and sustained a similar number of allegations from the complaints. "Compared with what it was in the beginning, I think that last year was a pretty typical year," said Kellie Tut- tle of the City Clerk's Office. In fiscal 2007, the board received complaints about five incidents of potential miscon- duct. From the five incidents, 10 allegations of specific types of inappropriate behavior were identified. Following review and internal investiga- tions by the Iowa City police, none of the allegations of mis- conduct were sustained. . These numbers remain con- sistent with reports from the previous seven years, in which total complaints have not exceeded eight, and total sus- tained allegations have not numbered more than two. The total number of allega- tions, ranging from as little as three to as many as 26, has fluctuated somewhat in the that time frame, but typically remained consistent, with five out of the seven previous years having between six and 14 allegations. . In the two years prior to the current period of consistency, the board received a much larger number of both com- plaints and allegations. In fis- cal 1998, the year the board was founded, it received 24 separate complaints alleging 56 examples of officer miscon- duct. The following, year, the numbers decreased to almost half that, and they have since fallen into their current range. Board members feel the numbers illustrate the panel's success in encouraging proper conduct. "The main purpose is to make sure that police proce- dures are followed, and in these cases, they have been followed," said Elizabeth Engel, vice chairwoman of the board. But some feel that though the numbers have held steady, change is always possible. "It's very hard to try to fit a pattern on this because it has- n't worked that way, either in the number of complaints or the sustaining of allegations, said board member Loren Horton. "Real life doesn't always fit into a pre- formed pattern." E -mail D /reporter Nicholas Kelly at: nicholas-kelly@uiowa.edu Submitted by Caroline Dieterle Handed out at 12/12 meeting Submitted by Caroline Dieterle Handed out at 12/12 meeting December 2007 Mayor Ross Wilburn and City Council members Civic Center 410 E Washington St Iowa City, Iowa 52240 Dear Mayor Wilburn and Members of the City Council: It is my understanding that a revision of Chapter 8 of the City Code is to be undertaken to reflect the City Charter amendment regarding the Police Citizens Review Board approved by voters in the recent election. If that is indeed true, I would like respectfully to suggest that a procedure allowing the public to initiate a public forum in addition to the one required by the ballot initiative be included. An example of such a procedure might be, " in addition to the required single annual public forum, the PCRB shall schedule additional public forums within 10 days following receipt of a written request signed by 25 citizens ". Although one hopes the occasions for such requests would be rare, this provision could be extremely beneficial to all parties involved should a controversial event or series of events arise. A public forum would allow all parties to "clear the air", quelling rumors, and would facilitate communications between citizens and the police department. If the PCRB does not already receive reports of all formal, written complaints that are filed with the Police Dept. (rather than simply receiving some complaints itself), copying all of them to the PCRB, and forwarding the concluding dispositions as well, might give the PCRB a wider overall perspective on police /community relations. Additionally, the wording of Chapter 8 as it now stands does not appear to be the basis for the current practice of not allowing the PCRB to know the identity of the officers regarding whom complaints are filed, or the identities of complainants. If this practice is part of the contract with the police union, could this be renegotiated and modified? Other cities' PCRBs are not similarly restricted. In order for the PCRB to know whether there are repeated complaints against any officers) or by any one complainant, an identifying code number could be assigned to each officer (and to each complainant), so that the board may know over the course of time whether any patterns emerge - while identities would still be protected. Please consider these suggestions; they are well meant and intended to be constructive. I apologise if they've been discussed already, making this letter redundant. Sincerely, _ Caroline Dieterle 727 Walnut Street Iowa City 52240 J r C� c; `a 5 t l 0 crt