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HomeMy WebLinkAbout01-08-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD January 8, 2008 — 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 12/12/07 • ICPD General Order 95 -04 (Administration of Department Training) • ICPD General Order 99 -01 (Police Vehicle Pursuits) • ICPD General Order 07 -02 (Detainee Processing) • ICPD SOG 01 -15 (Criminal Investigations) ITEM NO. 3 OLD BUSINESS • Changes necessary by 11/6 election ITEM NO. 4 NEW BUSINESS 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) • 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 • May 13, 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: January 4, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on January 8, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 01/08/08 • Minutes of the meeting on 12/12/07 • ICPD General Order 95 -04 (Administration of Department Training) • ICPD General Order 99 -01 (Police Vehicle Pursuits) • ICPD General Order 07 -02 (Detainee Processing) • ICPD SOG 01 -15 (Criminal Investigations) • PCRB Complaint Deadlines • PCRB Office Contacts — December 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 — December 12, 2007 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Elizabeth Engel, Loren Horton, Donald King MEMBERS ABSENT: Greg Roth STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh (5:36 p.m.) STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; and public, Caroline Dieterle and Dean Abel RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Engel and seconded by Horton to adopt the 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 King had a question on General Order 95-01 (Emergency Operation of Police Vehicles) and 99 -01 (Police Vehicle Pursuits) regarding whether the Community Service vehicles were part of the Police Department. Widmer stated that they are part of the police department; however they do not use them to pursue. They technically could be, but they are operated by non -sworn persons. Generally the vehicles are used for traffic control, hauling barricades, etc. but they are equipped with emergency lights because of being used for traffic control. Community Service vehicles are authorized to use their lights to get to a location quickly, because they are considered an emergency vehicle. Also on General Order 99 -10 (Domestic Violence) on page 14.10 (J — Officer Training), King was wondering how often officers have to go through training. Widmer explained that there are provisions to have a certain number of hours every three years. That training is generally taken care of through MATS (Multi Agency Training System) training. All law enforcement officials in Johnson County get together for a three day session and run the same training which lasts for 5 consecutive weeks in January. Widmer explained that they track the hours of training and always meet the minimum but generally go well above and beyond the required number of hours for training. Also anyone in a specialty position would receive additional training. From December 12, 2007 Page 2 Motion carried, 4/0, Roth absent. OLD BUSINESS None. NEW BUSINESS Changes necessary by 11/6 election — Pugh stated that the amendments to the Charter were passed at the November election. She also informed the Board that the City Council had passed the ordinance (07 -4296) that amended the section of the City Code to make it consistent with the Home Rule Charter at their December 11th meeting. Pugh said she would be in contact with the City Attorneys office to make the necessary changes. The SOP's (Standard Operating Procedures) will be the biggest change to see what process the Board will go through to exercise the subpoena power and then the additional changes regarding the community forums. Pugh will most likely come up with a draft of the SOP's and then have the Board review them and request any changes or make recommendations at that time. PUBLIC DISCUSSION Caroline Dieterle announced that she had submitted a letter to the City Council and copied the Board regarding the revisions and had not realized that they were already passed. In the letter she had suggested that if there was public concern regarding an issue, that there could be something in the ordinance that if 25 people signed a request asking for a public forum on the issue that the Board would be required to have one. Pugh suggested that if there was a concern that public could come to a meeting and request a forum during public discussion time. Another point in the letter Dieterle said was that when the Police Department receives internal complaints that do not go through the PCRB that it would be beneficial to the Board if they received something showing those complaints. Pugh stated that the Board currently receives a report from the Police Department on a regular basis that shows the complaints filed internally with the department and also the complaints filed with the PCRB. The report is not in detail but does give a brief synopsis and the status of the complaint. Dieterle's final point in the letter was that it appeared that the PCRB was currently not given the identity of the complainant or the officers involved in an incident, which would limit their knowledge of repeated complaints against officers or by any one complainant. Her suggestion was to assign a code number to each officer and each complainant so that over time the Board would be able to track a pattern while the identities were still protected. Pugh explained that the Board does know the identity of the complainant, but not the officer. Widmer stated that the Police Department has a system where they assign a number to the officer that is given to the PCRB for complaints, but they also have an internal system called the Internal Warning System where they track anything from sick leave to complaints per officer looking for early warning signs. Abel wanted to know if the numbering system for the officers was consistent so that if an officer was named in a complaint and then named in another complaint, the Board would be able to track that one particular officer had been involved in two complaints. Pugh reminded Abel that the Board looks at each complaint independently, not taking anyone's history into account and that the Board does not have any disciplinary power over officers. The Board is responsible for reviewing the complaint, reviewing the Chief's report, and agreeing or disagreeing with the Chief's findings. Abel requested that it be verified that the numbering system for the officers is consistent. Staff will follow up and verify procedure. PCRB December 12, 2007 Page 3 BOARD INFORMATION STAFF INFORMATION Widmer reported back to the Board regarding his follow up with the directive "should" and "shall ". Widmer found in the Rules and Regulations (section 10.42) for ICPD the definition of "shall /will" means that the action is mandatory. "Should" (section 100.44) is an advisory, not mandatory. Horton had an adjustment to the member phone list. Pugh and Larson also had updates. Pugh updated the Board that she had the opportunity to do a couple of newspaper interviews and one radio interview around the time of the election regarding the proposed changes to the Charter. Tuttle announced to the Board that Dieterle had dropped off an article that was previously mentioned at the 10/16 meeting and that it was available to them. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • January 8, 2008, 5:30 PM, 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 Horton announced that he will be late to the January 8th meeting. ADJOURNMENT Motion for adjournment by Horton and seconded by King. Motion carried, 4/0, Roth absent. Meeting adjourned at 6:04 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2007 (Meeting 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 11/13 12/12 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 NM X Loren Horton 9/1/08 X X NM X X X X X NM X NM X X NM X Greg Roth 9/1/09 X O/E NM X X O X O NM X NM X O/E NM O/E Michael Larson 9/1/09 X O/E NM X X O/E X X NM X NM X X NM X Donald King 9/1/11 - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- X X NM X KEY: X = Present O = Absent O/E = Absent /Excused NM = No meeting - -- = Not a Member ADMINISTRATION OF DEPARTMENT TRAINING Date of Issue General Order Number August 14, 2001 195-04 Effective Date Section Code December 10, 2007 TRN -01 Reevaluation Date Amends / Cancels August 2010 C.A.L.E.A. Reference Chapter 33 INDEX AS: Authority and Responsibility, Department Training Career Specialty In- Service Training, Definition Department Training Administration Department Training Authority and Responsibility Department Training Committee Department Training Goals Department Training Policy Education and Training Record TRN -01.1 Lodging Reimbursement, Training Meal Reimbursement, Training Reimbursement, Training Training Committee, Department Training Course Critique Training Expense Reimbursement Training Goals, Department Training Policy Statement Travel Costs, Training I. PURPOSE The purpose of this policy is to establish the policies and procedures for the administration of the Department Training function. 11. POLICY It is essential that all Department personnel are properly trained to fulfill the Department responsibility to provide professional law enforcement service to the Iowa City community. Training stimulates, develops, and improves the skills, knowledge and abilities necessary for individuals to stay competent in the duties and responsibilities of their respective positions. The dynamic nature of the law enforcement profession dictates that training be a continuous process of personal and professional growth and development. While the Department bears the primary responsibility for personnel` training, all supervisors, officers, civilian employees, and designated Field Training officers have the responsibility to acquire for themselves and to teach those with whom they work, the skills, knowledge and abilities necessary to perform their tasks and duties. TRN -01.2 III. DEFINITIONS A. Proficiencv In- Service Training - A training process designed to stimulate, develop, and improve the skills, knowledge, and abilities necessary to stay competent in the duties and responsibilities of the position. Proficiency and responsibilities of the job presently being performed enhances the employee's skills beyond the minimum level and increases the potential for career advancement. B. Career Specialty In- Service Training_- A training process used to provide an advance level of instruction in an area of interest and specialization that enhances the overall potential for job satisfaction and career development. IV. PROCEDURES The training goals of the Iowa City Police Department are: A. To stimulate, develop, and improve the skills, knowledge, and abilities of all Department personnel. B. To provide new officers with the legally mandated basic training and with the necessary Department field training. C. To provide annual in- service training to all officers for purposes of updating and enhancing their knowledge, skills and abilities. D. To present career specialty in- service training on an as needed and /or as requested basis so as to provide advanced levels of instruction in areas of specialization necessary to carry out the Department mission and enhance career development. E. To identify and utilize the most cost - effective means for providing basic and in- service training to all personnel. F. To develop as necessary, in -house training programs designed to meet unique Department training needs. DEPARTMENT TRAINING FUNCTION Authority and Responsibility A. Unit and Section Supervisors - Each supervisor will assess, on a continual basis, the skills, knowledge, and abilities of their personnel so as to improve upon performance levels and to identify potential areas of career interest and specialization. Whenever a supervisor identifies a specific need for proficiency in- service training or career specialty in- service training, they must notify their Division Commander, in writing, of that need or interest. B. Division Commander - Each Division Commander is responsible for updating minimum proficiency in- service training needs (i.e. CPR, Firearm) and career specialty training interests in order to assign those individuals to the proper training courses, when they become available. C. Chief of Police - The Chief of Police makes the final decisions about the development of in -house training programs and the assignment of personnel to particular training courses. These decisions are made based upon the recommendation and requests of the various division commanders, TRN -01.3 supervisors, officers, and civilian employees. In addition to the previously mentioned responsibilities, the Chief, or his /her designee is responsible for the overall coordination of the Department training function, to include, but not limited to: 1. identification of individual, unit and /or Department training needs; 2. assignment of personnel to appropriate and /or necessary training programs; 3. development and implementation of in -house training programs; 4. maintenance of an inventory of the programs and resources available to provide in- service training; 5. maintenance of Department training records; 6. review and evaluation of training programs; 7. development of an annual Department training plan. D. Department Training Committee - On an annual basis, the Chief of Police shall appoint representatives from the Department and the departmental training officer to serve on a Department Training Committee. The purpose of this committee is to review, evaluate, and recommend revisions for the Department training effort and to identify areas in which training is lacking. Representatives each year shall be selected from various divisions and watches to better obtain an overall representation of the Department. Representatives shall have an expressed interest in Department Training. Supervisors shall submit names of officers / employees to the Chief or designee who fit these criteria for selection. At the conclusion of their review, the department training officer will prepare a written report summarizing their findings. This annual training review report will be submitted to the Chief of Police for review. The department training officer may use this report as a basis for the development of on -going training. E. Department Training Officer - The department training officer is responsible for ensuring that members of the department receive the minimum mandatory training as required by law. Additionally, he /she shall continually develop, implement and evaluate departmental training and assist in assessing the training needs of the department. He /she shall maintain records of the training provided "in- house" and records /documentation of training received outside the department. Education and Training Record Officers assigned to attend a training session shall arrive at the designated training at the specified time and with any required equipment. Officers shall attend the assigned training in its entirety. In those instances where the officer is required to miss part of the scheduled training for court or other duty related circumstances, the officer shall notify the instructor of the course at the beginning of the session. To the extent possible, officers shall complete any make up assignments as directed by the instructor. The instructor shall be provided the reason for the absence and the anticipated time of return. In situations where the officer is absent for other than a duty related reason, the officer shall notify his /her supervisor of the absence as soon as TRN -01.4 possible. Officers missing mandatory training for which they have been scheduled may be required to make up the training. Officers assigned to a training session shall be considered on duty for that day(s). The officer will be reimbursed consistent with city policy for expenses incurred and related to the training. All materials obtained at training are the property of the Iowa City Police Department and the officer may be required to submit the materials for review or to a departmental library. For all departmental training conducted by members of the Iowa City Police Department, the person assigned to conduct the training shall submit a lesson plan or outline to the training officer for review and approval three (3) business days prior to the training. The lesson plan or outline shall include the following: A. a statement of performance and job - related objectives; B. the content of the training and specification of the instructional techniques to be used; C. identification of any tests or evaluations used in the training process. The departmental training officer shall maintain a record of all departmental training. These records shall include lesson plans /outline, name of attendees, and the performance of individual attendees as measured by any applicable tests or performance evaluations. Personnel assigned to the training function should receive training as available, in the following areas: A. lesson plan development; B. performance objective development; C. instructional techniques; D. testing and evaluation techniques; E. resource availability and use. For training in which officers are tested or evaluated, officers failing to satisfactorily complete the training may be required to repeat the training or attend a remedial training session as directed by their watch commander. In addition watch supervisors shall note any training deficiencies or needs when completing the employees annual evaluation. Upon the completion of a training session the employee shall provide the departmental training officer copies of any certificates and test scores. The training officer shall document the completion of the training in the employee's departmental training file. RECRUIT OFFICER TRAINING The Iowa City Police Department shall maintain contact with all personnel attending basic training classes. In addition, the departmental training officer shall periodically review the contents of the training received at any outside basic training academies and forward any concerns to the Commander of Administrative Services for review. All TRN -01.5 expenses incurred in the attendance of the academy will be born by the Iowa City Police Department. All recruit officers attending the academy are full time employees of the Iowa City Police Department and receive all applicable benefits and protections provided as such. When requested and to the extent possible the Iowa City Police Department will provide instructors to outside academies. Upon completion of basic training, officers shall receive training relating to departmental Rules and Regulations and Departmental Orders. This training will be part of the Field Training and Evaluation process and may be conducted by FTOs or others knowledgeable in this area. Sworn personnel who have not completed the basic training academy shall not carry a weapon or be placed in a position where there is a likelihood of having to take any type of official action. Recruit officer training will include training of those tasks most frequently associated with the duties of a patrol officer. Evaluation of these tasks shall be based on and consistent with the evaluation system used in the Field Training and Evaluation Process. The evaluation should assess the recruit officer's knowledge of the topic as well as the recruit officers abilities and skills when performing the requisite task. INSERVICE TRAINING On a regular basis, officers shall receive update /refresher training as well as training in new areas. As they become available officers shall receive training in new or changes in the law. This training may be in the form of Watch Training, the training bulletin, Department -wide training or other formats as determined best suited for the training. In order to keep officers updated on current trends, techniques, policies, laws etc. and to address areas of concern, the departmental training officer shall provide regularly scheduled watch training. Watch training will be conducted by watch supervisors in conjunction with the regularly scheduled watch meeting. As needed, the department will provide specialized training to personnel who perform specialized functions. These shall include but is not limited to crime scene technicians, accident investigators, canine units, hazardous device technicians, special response team personnel, and others. Agency employees assigned to the position of accreditation manager shall receive specialized accreditation manager training within one year of being appointed. Newly hired or appointed civilian personnel shall be provided information on the Departments role, purpose goals, policies and procedures; working conditions and regulations; and responsibilities and rights of the employee. Prior to being assigned regular duties as an Emergency Communications Operator, the person shall receive training in the operation, procedures and duties of the position. In addition they shall receive regular in- service training in this area. TRN -01.6 All promoted personnel shall receive training in their new duties and responsibilities within the first year of their promotion. Personnel shall receive training in the following areas on an annual basis. A. firearms B. defensive tactics C. motor vehicle operations D. biased based contacts E. hazardous materials / critical incidents F. CPR G. bloodborne pathogens H. legal issues Samuel Hargadhie, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS 02.1 POLICE VEHICLE PURSUITS Date of Issue General Order Number February 10, 1999 1 99 -01 Effective Date Section Code December 10, 2007 1 OPS-02 Reevaluation Date Amends / Cancels November 2008 1 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: Use of Force Vehicle Pursuits Reports I. PURPOSE Tire Deflation Devices -= z 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. OPS 02.2 111. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. 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 response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. 2. The driver of any authorized emergency vehicle, may: a. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. b. Disregard laws or regulations governing direction oll 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 ofjravel 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 normally more 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 of 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., crossing center line to pass vehicles, sudden lane changes) by the violator. HIGH RISK 1. Frequent intersecting streets (i.e., a business district) 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 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 ink_ - -. 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 the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. 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 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 strength is; maintained within the city to handle routine calls for service. 7. The supervisor in charge of the incident shall approve any special tactics to stop the vehicle. F. 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 path of the pursuit. 6. Moving roadblocks are prohibited without the express authorization of the supervisor in charge of the incident. 7. Ramming will only be considered to stop a fleeing vehicle as a last resort, and then only in those extreme cases where 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 a pursuit, it will be the responding officer's responsibility to advise a watch supervisor and communications of the request and the circumstances surrounding it. b) The watch commander /supervisor must approve the request before any action is taken. 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. d) Secondary units shall provide backup to the primary 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. 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 Department's Use of Force policy and Use of Force continuum apply to vehicular pursuits. E. On an annual basis a documented analysis of all pursuits for the past calendar year shall be completed. This report shall be completed by the Sergeant of Planning and Research and be forwarded to the Chief of Police. The analysis is intended to reveal patterns or trends that indicate training needs and /or policy modifications. OPS 02.13 VII. TRAINING Officers shall receive annual training in the use of forcible stopping techniques. Samuel Hargadi , 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 denartmAntnI nHministra+iva ennnfinno OPS 21.1 DETAINEE PROCESSING Date of Issue General Order Number September 27, 2007 107-02 Effective Date Section Code December 11, 2007 OPS -21 Reevaluation Date Amends / Cancels September 2008 C.A.L. E.A. Reference Chapter 71 I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at the Department. II. POLICY It is the policy of the Iowa City Police Department to process temporary detainees in a safe and efficient manner. Facilities used for processing shall be maintained with this goal in mind. Q N ca v 71 OPS 21.2 III. DEFINITIONS Detainee: A person in the custody of agency personnel and whose freedom of movement is at the will of agency personnel. Temporary Detention: Detention of a person for the purpose of processing or testing. Temporary detention is measured in minutes or hours and does not involve housing or feeding detainees. Processing: Pre - booking activities involving a detainee in custody (i.e. fingerprints, breath tests) Authorization Temporary detention of persons in custody may be required while officers conduct OWI tests or fingerprint juveniles. Detainees under these conditions should be carefully monitored since they will be in close proximity to officers. The following rooms are authorized as temporary detention /processing areas: 1. Interview Room 1 2. Interview Room 2 3. Room 114 Training Only sworn personnel will be used to monitor those persons held in temporary detention. Personnel who monitor detainees must receive training on procedures to be followed in handling such detainees at the time of their hiring and at least every three years thereafter. Basic academy training will not be considered sufficient for this purpose. An exception to this is dispatch personnel that have the ability to monitor these areas through the use of closed circuit video. The ability for dispatch to monitor detainees shall not be a substitute for the presence of sworn personnel in the detention /processing area. Training for this purpose will include methods for summoning assistance, restraint equipment available in the temporary detention areas, and methods for dealing with uncooperative detainees. These methods should include options for immediate transfer to jail or the delay of testing or processing until a later time. O _ __ w OPS 21.3 IV. PROCEDURES A. Documentation Whenever a detainee is brought to the Iowa City Police Department for temporary detention, at a minimum, a radio log will reflect the name of the detainee, their age, the reason being detained and the time the person arrived. Whenever such person is released, that time will be reflected in the radio log. The intent of this paragraph is to document the length of time persons are held in temporary detention. B. Dispatcher Responsibilities Emergency Communication personnel shall monitor the detention areas when detainees are being processed. When a detainee is brought to the Police Department, they shall record within the call log the name (first name first -last name second), detainee date of birth, reason (OWI processing, fingerprinting and /or investigative) and the date and time out at the facility. If a fixed object is used to secure a detainee, Emergency Communication personnel shall record, as an officer change of status, the time secured in station (Unit Status "S ") and the time released in station (Unit Status "R "). If field sobriety tests are conducted in the hallway off the Gilbert Street entrance, Emergency Communication personnel shall inform other officers not to enter until those tests are complete. C. Processing and Searching Upon arrival at the Iowa City Police Department. a subsequent search shall be performed. It is recommended that a second officer be present for this search if possible and after this secondary search has been conducted, necessary reports, testing, and other processing should occur. D. Locked Spaces' --� Detainees will not be secured in locked spaces.} _t; -- c.� E. Securing to Fixed Objects --- Officers may secure detainees to fixed objects designed for such use. � F. Separation of Males, Females, and Juveniles Detainees shall be kept separate in different rooms by sex. Juvenile detainees shall be kept separate in different rooms from adult detainees. Securing to Objects If a detainee is secured to a fixed object, that fixed object shall be one which is designed for such use. Examples include cuff rails, bars or bolts, and chairs or benches designed to cuff detainees to. Detainees shall not be handcuffed to any object not so designed as a means of preventing escape. If a detainee is secured to a fixed object, the officer shall notify the Emergency OPS 21.4 Communications Center of the time the detainee is secured in the station and the time the detainee is released in station. The Emergency Communications Center shall then enter the appropriate unit status codes to the call for service. Security A. Weapons Control Firearms are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention /processing areas. B. Emergency Alarms All officers working in the processing area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the officer in the processing area. An emergency request for assistance may be made by voice transmission or by means of activation of the emergency button on the radio. The exception to this is that radios shall not be turned on when in proximity of DataMaster testing. In lieu of radios, fixed alarm buttons which alert the dispatch center are present in the detention rooms and shall be used if assistance is needed. C. Access to Area When an area is being used for temporary detention, only those personnel with reason to be there may enter or remain in that area after securing their firearm in a lock box. If the hallway off the Gilbert Street entrance is actively being used for sobriety tests, officers without prisoners or cause to be in the area and other employees shall enter by an alternate route. Other officers with prisoners may enter but only when the hallway itself is not being used for sobriety tests. The Emergency Communications Center will advise arriving officers if the hallway is actively being used for sobriety tests. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: - Handcuffs should remain applied when feasible - The detainee should be seated away from doors and windows - Sufficient personnel should be present to physically prevent escape E. Visual Observation Detainees will be under constant visual observation. ?' __ —1 CA) i~ I' e OPS 21.5 F. Monitoring Remote audio and /or video monitoring of detainees shall not substitute for the physical monitoring of detainees by sworn personnel. G. Detainee Transport Parking on Gilbert Street should be avoided to enable officers with detainees easy access to the Police Department. Physical Conditions Areas used as a temporary detention area must meet basic standards. They must be lighted, heated and /or cooled as required. There should be no hazards to officers or detainees. Water, restrooms, and other needs will be met as required. In cases where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Inspections Areas that may be used as temporary detention areas will be inspected on a weekly basis by the Captain of Administrative Services or designee. This inspection will be for cleanliness and to determine if any unsafe conditions are developing. At least once every three years the Chief of Police or designee will review the components of this section and the detention areas to determine if they continue to best suit the requirements of the department. SaK6uel Har e, 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 third -party claims. Violations of this directive will only form the �a,�is fsf departmental administrative sanctions. �� 1 Iowa City Police Department Standard Operating Guideline SOG #: Effective date: 01 -15 December 11, 2007 Subject: Reference: INVESTIGATIONS, CASE CRIMINAL INVESTIGATIONS SCREENING, REPORT REVIEW Section: Issue #: INVESTIGATIONS 4 Comm d S' na re: Original Issue DECEMBER 7, 2001 �. Purpose: The purpose of this guideline is to identify those steps taken by members of the Iowa City Police Department in the investigation of criminal activity. Additionally this guide identifies the responsibilities of those involved in the investigation of these type incidents. Additionally, this directive identifies basic responsibilities relating to the preliminary and follow -up activities of officers. The Iowa City Police Department strives to provide professional, quality investigative services to the citizens of Iowa City including but not limited to suppression, identification, apprehension and successful prosecution of criminals and criminal activities. Investigations shall be conducted in an efficient, unbiased manner. Definitions: C� Cold Case — Violent "crime against person" cases, new or old, that A,6�bedW. solved. Procedures: A. INITIAL RESPONDING OFFICER -� w Patrol officers are expected to conduct a through preliminary investigation Of offenses that come to their attention. To the extent practical, preliminary investigations should include, but not be limited to: 1) Providing aid to the injured. 2) Determining if an offense has actually occurred and if so, the exact nature of the offense. 3) Furnishing other field units with descriptions, method and direction of flight, and other relevant information concerning wanted persons or vehicles. 4) Observing and recording conditions, events and remarks. 5) Maintaining and protecting the crime scene and arranging for its processing. 6) Locating and identifying witnesses. 7) Interviewing the victim, witnesses, complainant, and suspects. 8) Obtaining written statements from victims, witnesses and suspects, if possible. 9) Determining the identity of any suspects. 10) Effecting an arrest of any offenders. 11) Recording all pertinent information on prescribed report forms in an accurate and complete manner. Patrol officers should follow -up /complete the case to the extent practical prior to forwarding the case to the Investigation Section. With the exception of financial crimes, officers should complete investigations, which on their face, are simple misdemeanors. When forwarding non - financial simple misdemeanors to the Investigation Section, the initial officer should complete a follow -up request form. A watch supervisor shall sign the sheet acknowledging the need for follow -up from the Investigation Section. Cases, which on their face constitute a felony, should be forwarded by means of a follow -up request form to the Investigation Section for review. This does not mean that patrol officers should not or cannot follow through on or complete the investigation, but is to ensure that the investigation section has knowledge of the incident and possible suspect(s). In these instances the referral sheet should be marked INFO ONLY. Regardless of the value of the loss the preliminary officer should investigate financial crimes to the extent practical. At the completion of their investigation, a copy of their updated report should be forwarded to the Investigation Section. B. INVESTIGATION SECTION RESPONSIBILITIES Organization - The Criminal Investigations Section is commanded by a Lieutenant responsible for the planning, budgeting, inter jurisdictional investigative coordination, and overall administration of the section in addition to the normal day to day operations of the section. The Lieutenant of the Investigative Section is supervised by the Commander of Field Operations. Additionally, the lieutenant of the Investigative Section will periodically meet with the Chief of Police or designee. In addition there is a Sergeant assigned to the Investigation Sect r),- T �_ , , Sergeant will assist in supervising and act in place of the Lieutenant?wf�n thp Lieutenant is on leave or otherwise unavailable. In addition, it wA.tt. 'be the r =' Sergeant's responsibility to directly supervise and work with the SCAT r The Lieutenant of the Investigation Section shall provide an on -call list for weekends and holidays. This list shall be forwarded to the Communications Supervisor, Watch Commanders and the Commander of Field Operations. The designated on -call investigator shall be available by phone or pager. At other times when an investigator is not readily available, the Lieutenant of the Investigative Section shall be contacted and will assign an investigator as needed. Upon receipt of a case, the Lieutenant of the Investigation Section shall make a determination of the "solvability" of the particular case using the criteria contained in General Order 91 -07 Case Screening. Once assigned, the Lieutenant of the Investigation Section shall maintain records indicating the status of the case. The case records should indicate the case number, date assigned, the investigator assigned, case status, days open and other information as determined by the lieutenant of the Investigation Section. In order to maintain communications between the investigation and patrol functions, the Lieutenant of the Investigation Section shall periodically arrange for investigators to attend watch meetings on a "as needed" basis. Additionally, investigators may attend watch meetings when they determine the need to exchange information with a particular watch(s). When a member of the investigation section determines that information needs to be forwarded to the Patrol Section but the information is such that it can effectively be conveyed in writing, the Investigator may forward the information to the appropriate Watch Commander(s). C. INVESTIGATIVE PROCEDURES The officer /investigator assigned a case shall maintain the case file in a secure area. The file shall include a copy of the preliminary investigative report and any written statements. In addition, the investigator may include any lab results, follow up reports, notes, statements, and other materials as determined by the investigating officer. The investigating officers' follow -up should include those steps necessary to adequately conclude the investigation. Reports shall be completed in a timely manner and submitted or updated consistent with General Order 90 -02 Case, Report Review. To the extent necessary and practical the investigating officer should: 1) Review and analyze previous reports, records and /or technical reports, or lab results, relative to the investigation. 2) Conduct additional interviews and /or interrogations. a) This may include the interviewing or re- interviewing of the victim, witnesses and "bystanders ". The victim's willingness to cooperate.,, in a criminal prosecution should be ascertained.' U b) Determine if any witnesses may be able to identify a sus* -"ron a lineup. - - i ,1 3) Seek additional information from both departmental and non - departmental sources. These may include but are not limited to: a) Speaking with the officer(s) who were initially assigned the call. b) Obtaining information /data from the planning and research section. c) Obtaining information from records. d) Obtaining information from informants. e) Obtaining information from organizations, businesses, institutions and others that may have dealt with potential suspects. 4) Ensure the collection of evidence and the search of any relevant areas has been completed. a) The collection of evidence should conform to accepted, recognized practices. If the collection of a particular piece of evidence exceeds the expertise of the investigating officer, he /she shall contact a Crime Scene Technician. The collection of physical evidence by a CST shall be documented on a CST report. 5) Maintain contact with victims and witnesses throughout the duration of the investigation. 6) Disseminate information, as deemed necessary and appropriate. 7) Identify and /or apprehend potential suspects and eliminate those who are no longer suspects. 8) Determine the suspect's potential involvement in other related crimes. 9) Check criminal history of suspects. 10) Thoroughly prepare the case for legal presentation. Pertinent information shall be recorded on prescribed report forms in an accurate and complete manner. An important aspect of criminal investigations is ' ensuring compliance with constitutional requirements when interviewing suspects. The admissibility of statements made by a defendant to a police officer often will determine the outcome of a criminal prosecution. It is also important to note that constitutional warnings given at an inappropriate time may hinder the investigative effort. The state of mind of the officer is often the determining factor in deciding when Miranda Rights should be given. The courts have generally held that "custodial" detention is the point at which offenders must be advised of their Miranda Rights prior to any further questioning about the offense. In cases where the offender has been arrested and the officer intends to ask questions concerning any criminal offense in which the arrestee is suspect, they will be read their Miranda Rights and a response indicating they understood them elicited prior to any further questioning. During the course of a criminal investigation it may be necessary to interview suspect in order to develop evidence, or determine if probable cause Q arrest exists. If the officer has no probable cause to arrest and the suspect is;It6e tcF leave" at anytime, it is usually not necessary to advise of Miranda Rights,--,V - hen; "in the officer's mind ", the suspect is not free to leave, Miranda Rights shooid W-0 given. That point is reached when the officer has decided to arrest the"-64 pecH but may not have yet advised the suspect they were under arrest; G90 then y -- 00 undecided about arrest, the officer intends to detain the suspect against their will for further investigation. At no time will an officer use coercion or attempt a confession or admission by means which would cause a suspect to confess or admit guilt involuntarily. At no time will an officer deprive a defendant or suspect of counsel if requested. When uniformed and non - uniformed officers conduct interviews or interrogations, rooms designated for such purpose should be used and the entire interview / interrogation recorded (video preferred). Distractions shall be minimal in these rooms. Besides basic seating and a writing surface, other items in the room should be restricted to a telephone, writing supplies and / or recording equipment. When conducting an interview or interrogation of a potentially combative subject, officers shall notify the dispatch center and / or other officers. Monitoring shall be done by camera and / or one way window to ensure safety and to summon assistance if needed. In potentially hostile confrontations, the officer shall confirm the subject is unarmed. Consideration should be given by the officer to securing their own weapon in a department weapons lock box. Only one person should be interviewed or interrogated by no more than one or two officers in a given situation. The beginning time of the interview / interrogation shall be recorded as well as the ending time. Access for the person being interviewed or interrogated to restrooms, water or comfort breaks should be allowed on a reasonable basis. The time and duration of such breaks shall be recorded. Under no circumstances shall subjects being interviewed or interrogated in the police department be locked within any room or be restrained while unattended. D. HABITUAL / SERIOUS OFFENDERS When during the course of an investigation an officer has a reason to believe that one of the parties involved is a habitual or repeat violator the officer shall include that information in the case file. For these purposes the following guidelines shall apply: When investigating a felony, the investigating officer shall complete a NCIC criminal history on any suspects and check for previous conviction for similar offenses. If the incident involves a forcible felony and the Certified Criminal History (CCH) indicates a prior conviction for a similar offense the Investigations t ; Commander shall be so advised so the case may be expedited.? `` 3 Chapter 902.8 of the Code of Iowa defines a . habitual offender as someone, "...who has twice before been convicted of any felony in a court of this%iany other state, or of the United States." An offense is a felony if, by the law under 77 - which the person is convicted, it is so classified at the time of the p4ph's ` conviction. <_ •• CID Whenever it is confirmed that a subject has been involved in a previous felony, the officer should include this information in the case file. When investigating a sexual assault and a suspect is developed the investigating officer shall record any prior sexual assault conviction history in the case file. Additionally the investigating officer shall determine if the subject is listed on the Iowa Sexual Offender Registry as determined in chapter 619A of the Code of Iowa. If an officer is investigating a child abuse /neglect incident, the officer should check the state child abuse registry for a previous record involving the child. If a record is located, this should be recorded in the case file. When a suspect meets any of the criteria listed above, the investigating officer shall include the information in the case file and notify the Prosecuting Attorney of this information. Notification may be in the form of forwarding of the CCH. E. COLD CASES Unsolved cases, particularly those of a violent nature against persons, should be reviewed as resources and time permit. Over time, the position of persons involved and other circumstances may change that present new opportunities to solve such cases. Additionally, technologies may develop allowing new or enhanced courses of investigation. The evaluation criteria of re- investigating a cold case generally includes the following but is not limited to: • Legal considerations, such as the application or expansion of statues of limitation • Technological considerations, such as the nature and condition of the evidence and the advancement of new technology techniques in solving a crime • Practical considerations, such as the availability of witnesses in the event DNA profile testing would identify a suspect and lead to an arrest and trial • Resource considerations, such as time, money and personnel available for investigation and forensic analysis The actions and activities of the cold case investigation generally include b4fare nc limited to: -; • Identifying potential unsolved cases according to solvability factors • Reviewing case files, evidence logs, laboratory reports and autopsy repor{s f� W�1 • Evaluating the case evidence for potential probative DNA sources • Consulting with the DCI laboratory and the Johnson County Attorney's Office in submitting appropriate evidence to the laboratory for testing • Continuing investigative protocol by obtaining reference samples from suspects and other identified subjects • Identifying witnesses who are willing to proceed in prosecution • If a DNA profile does not match suspect's DNA profile, submitting the evidence profile to CODIS • Submitting investigative intelligence to State and Federal profiling repositories for information such as: VICAP (FBI's — Violent Criminal Apprehension Program) and / or RISS (Regional Information Sharing System). As with any case investigation, officers shall complete thorough and accurate reports on any significant leads that may be followed. Documents normally associated with a current case shall be completed as appropriate. F. SURVEILLANCE EQUIPMENT A successful investigation may require the use of surveillance and undercover equipment which is not normally issued to investigators and officers. The Investigations Commander shall maintain an inventory of such equipment under his /her control. The Investigations Commander or designee shall use an equipment checkout log to record equipment that is issued for use. The form shall record the specific piece of equipment checked out, who it is checked out to, the date /time it is checked out and the date /time it is checked back in. It recognized that certain assignments require the long term use of som671 pes equipment. Missing or defective equipment shall be reported to an inve'stigatio#1 -T] supervisor as soon as possible. G. CASE CONCLUSION OR SUSPENSION _ Y rr, Upon conclusion or suspension of an investigation, the investigating officer shall purge the file of all redundant or non - related materials and forward the case file to their supervisor. The supervisor shall verify the completeness of the investigation. If there is need for further investigation, he /she may return the file to the investigating officer for further investigation. Prior to submission to the Records section the supervisor should verify that redundant or non - related information has been removed from the file. January 8, 2008 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 February 12, 2008 March 11, 2008 April 8, 2008 May 13, 2008 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS December 2007 Date Description 12 -03 -07 Man received citation and wanted a complaint form regarding attitude of Officer. 12 -13 -07 Phone request for complaint form Updated 12114107 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 Dr Iowa City, IA 52245 (H) 358 -7818 Loren Horton 1 Oaknoll Ct, Apt #303 Iowa City IA 52246 -5250 (H) 466 -3092 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) 887 -5239 reengel @oaknoll.com Catherine Pugh, Legal Counsel 4743 Dryden Ct Iowa City IA 52245 -9250 (H) 339 -4617 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