HomeMy WebLinkAbout05-13-2008 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
May 13, 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 04/08/08
• ICPD General Order 89 -04 (Civil Rights)
• ICPD General Order 91 -07 (Investigative Case Screening Process)
• ICPD General Order 92 -01 (Infectious Disease Control)
• ICPD General Order 99 -03 (Prisoner Transport)
• ICPD General Order 00 -10 (Evidence and Property Handling Procedures)
• ICPD General Order 01 -07 (Police Media Relations /Public Information)
• ICPD Quarterly /Summary Report (1 st quarter) — IAIR/PCRB, 2008
• ICPD Department Memo 08 -16 (January- February Use of Force Review)
• ICPD Use of Force Report — January 2008
• ICPD Use of Force Report — February 2008
ITEM NO. 3
OLD BUSINESS
• Future Forums
ITEM NO. 4
NEW BUSINESS
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO. 7
STAFF INFORMATION
ITEM NO. 8
CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be kept confidential as
a condition for that government body's possession or continued receipt of federal
funds, and 22.7(11) personal information in confidential personnel records of public
bodies including but not limited to cities, boards of supervisors and school districts,
and 22 -7(5) police officer investigative reports, except where disclosure is authorized
elsewhere in the Code; and 22.7(18) Communications not required by law, rule or
procedure that are made to a government body or to any of its employees by
identified persons outside of government, to the extent that the government body
receiving those communications from such persons outside of government could
reasonably believe that those persons would be discouraged from making them to
that government body if they were available for general public examination.
ITEM NO. 9
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• June 10, 2008, 5:30 P.M., Lobby Conference Room
• July 8, 2008, 5:30 P.M., Lobby Conference Room
• August 12, 2008, 5:30 P.M., Lobby Conference Room
• September 9, 2008
ITEM NO. 10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
May 9, 2008
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on May 13, 2008
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 05/13/08
• Minutes of the meeting on 04/08/08
• ICPD General Order 89 -04 (Civil Rights)
• ICPD General Order 91 -07 (Investigative Case Screening Process)
• ICPD General Order 92 -01 (Infectious Disease Control)
• ICPD General Order 99 -03 (Prisoner Transport)
• ICPD General Order 00 -10 (Evidence and Property Handling Procedures)
• ICPD General Order 01 -07 (Police Media Relations /Public Information)
• ICPD Quarterly /Summary Report (1St quarter) — IAIR/PCRB, 2008
• ICPD Department Memo 08 -16 (January- February Use of Force Review)
• ICPD Use of Force Report — January 2008
• ICPD Use of Force Report — February 2008
• PCRB Complaint Deadlines
• PCRB Office Contacts — April 2008
• Extension request regarding PCRB Complaint #08 -03
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 — April 8, 2008
CALL TO ORDER: Vice -Chair Elizabeth Engel called the meeting to order at 5:34 p.m.
MEMBERS PRESENT: Loren Horton, Donald King, Greg Roth
MEMBERS ABSENT: Michael Larson
STAFF PRESENT: Staff Kellie Tuttle
STAFF ABSENT: Legal Counsel Catherine Pugh
OTHERS PRESENT: Captain Tom Widmer of the ICPD; and public, Caroline Dieterlie, Dean Abel
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #07 -01.
CONSENT
CALENDAR Motion by Horton and seconded by King to adopt the consent calendar as presented
or amended.
• Minutes of the meeting on 03/11/08
• ICPD General Order 99 -02 (Alarm -Open Door Response)
• ICPD General Order 00 -01 (Search and Seizure)
Motion carried, 4/0, Larson absent.
OLD BUSINESS None.
NEW BUSINESS Future Forums — The Board discussed that early fall would be a good time to hold a
forum.
Motion by King and seconded by Horton to table the discussion until there were all
members and legal counsel present.
Motion carried, 4/0, Larson absent.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by Horton and seconded by King to adjourn into Executive Session based on
Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept confidential or to be kept
confidential as a condition for that government body's possession or continued
receipt of federal funds, and 22.7(11) personal information in confidential personnel
records of public bodies including but not limited to cities, boards of supervisors and
school districts, and 22 -7(5) police officer investigative reports, except where
disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not
PCRB
April 8, 2008
Page 2
required by law, rule or procedure that are made to a government body or to any of
its employees by identified persons outside of government, to the extent that the
government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from
making them to that government body if they were available for general public
examination.
Motion carried, 4/0, Larson absent.
Open session adjourned at 5:37 P.M.
REGULAR
SESSION Returned to open session at 5:54 P.M.
Motion by Horton and seconded by King to forward the Public Report as written for
PCRB Complaint #07 -01 to City Council.
Motion carried, 4/0, Larson absent.
Motion by Roth and seconded by King to request a 60 -day extension for PCRB
Complaint #08 -03 due to timelines, scheduling and absence of legal counsel.
Motion carried, 4/0, Larson absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• May 13, 2008, 5:30 P.M., Lobby Conference Room
• June 10, 2008, 5:30 P.M., Lobby Conference Room
• July 8, 2008, 5:30 P.M., Lobby Conference Room
• August 12, 2008, 5:30 P.M., Lobby Conference Room
ADJOURNMENT Motion for adjournment by Horton and seconded by Roth.
Motion carried, 4/0, Larson absent. Meeting adjourned at 5:56 P.M.
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LEG -01.1
CIVIL
RIGHTS
Date of Issue General Order Number
May 5, 2000 189-04 --
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Effective Date Section Code > -+
May 061 2008 LEG -01 0! 1
Reevaluation Date
Mav 2009
Amends / Cancels o �
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C.A.L.E.A. Reference
1.2.3, 1.2.5
INDEX AS:
Civil Rights
Rights, Civil
Rights, Individual
Arrests
Warrants
Search and Seizure
Use of Force
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I. PURPOSE
The purpose of this order is to consolidate the policy of the Iowa City Police
Department on civil rights as already expressed in current Department rules,
directives, and other publications. This order will reaffirm the Department's
determination to observe, uphold, and enforce all laws pertaining to the individual
rights of each person without regard to age, race, color, creed, religion, sex,
national origin, economic status, marital status, disability, sexual orientation or
gender identity.
II. POLICY
It is the policy of the Iowa City Police Department to ensure that the civil rights of the
citizens of Iowa City are upheld. Members of the department shall ensure that all
constitutional protections are afforded those parties with whom the department is
involved.
LEG -01.2
III. PROCEDURES
INDIVIDUAL RIGHTS
A. All persons are guaranteed protection against unlawful arrest and
unreasonable search or seizure. (see general order 00 -01, Search and
Seizure)
B. Department personnel shall uphold these rights by:
1. Taking a person into custody only when there is reasonable grounds to
believe that:
a. An arrest warrant exists for the person, or
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b. The person has committed or is committing a violation of the Jow-,
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c. The person may be a harm to themselves or others
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2. Entering a private dwelling only when he /she: o
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a. Has in his /her possession a search warrant authorizing him /her too
so, or
b. Has reason to believe that immediate entry is necessary to protect a
person within such private dwelling from death or serious injury, or
c. Can otherwise legally justify his /her action.
3. Taking from an individual only such property as he /she is legally
authorized to take, and recognizing that he /she is responsible and must
account for all such property.
C. When making an arrest or searching and seizing property, Department
personnel shall use only such force which is reasonable and necessary
and in compliance with departmental directives pertaining to the use of
force. (see general order 99 -05, Use of Force)
D. At all times Department personnel shall:
1. Never exhibit any bias or prejudice against any group or individual.
2. Act, speak, and conduct themselves in such a manner as to treat all
persons with courtesy and with that respect due to every person as a
human being.
LEG -01.3
CITIZENS GUARANTEE
A. All persons of this country are guaranteed the right to seek redress of
grievances by:
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1. Freedom of speech
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2. Peaceful assembly
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3. Peaceful picketing
4. Distribution of handbills providing such distribution is
not in conflict wlffi
the provisions of any City Ordinance.
B. The rights set out in paragraph A, above, while fundamental in our
democratic society, do not mean that everyone with opinions or beliefs to
express may do so at any public place and at any time. The constitutional
guarantee of liberty implies the existence of an organized society
maintaining public order, without which liberty itself would be lost in
excesses of anarchy. The exercise of these rights of free expression
must not:
1. Conflict with the governmental responsibility to keep public streets and
public facilities open and available for public use.
2. Include the use of inflammatory remarks related to any instance where a
clear and present danger of a riot against any person or group of persons
exists.
C. Resources of the Department will be employed to rapidly and decisively
enforce statutes and ordinances which provide for the protection of the
rights and property of all persons.
1. To the extent possible, Watch Commanders will assure that adequate
staffing is available to control and maintain order in every instance
where crowds have formed or are expected to form.
2. Police personnel in command at the scene of any assembly must be
aware of their responsibility to afford protection to both participants and
non - participants, and will deal with illegal acts promptly, decisively, and
impartially.
LEG -01.4
ARRESTED PERSONS
A. All persons of this country, in keeping with our democratic processes, are
guaranteed certain basic constitutional safeguards. These safeguards will
not be denied any person even though he /she has committed, or is
suspected of having committed, a criminal act.
B. Department personnel will at all times be aware of a prisoner's rights and
shall:
1. Permit the prisoner to communicate with his /her attorney and /or a family
by making a reasonable number of telephone calls.
2. Expedite all necessary processing so the prisoner will be detained no
longer than necessary.
3. Never use force or coercion in seeking admissions of guilt or confessions.
4. Recognize and respect the prisoner's right to refuse to give evidence
against him /herself; however, there is no encroachment upon a pri §Wer's
rights if he /she should voluntarily supply such information. p EB
RESPONSIBILITY
Each officer shall familiarize him /herself with the laws and Departm diregiveM
pertaining to civil rights to insure his /her: 5;U =r. 0
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A. Recognition of each person's civil rights and ?'' NO
B. Compliance with all laws and Department directives relating to civil rights.
VIOLATIONS
Violations of this policy may be the basis of disciplinary action up to and
including discharge from the Department. Egregious violations of persons' civil
rights may result in individual liability and /or criminal sanctions.
Sa uel Hargadi , Chief of Police
INV 01.1
INVESTIGATIVE
CASE SCREENING
PROCESS
Date of Issue General Order Number
February 8, 2001 191-07
Effective Date Section Code
April 4, 2008 INV -01 (previously OPS -05)
Reevaluation Date Amends / Cancels
February 2011 1 91 -07 Effective October 8, 1991
C.A.L. E.A. Reference
42.1.2
INDEX AS:
Investigations Follow -up Investigations — r°a 71
Case Screening Criteria
Exceptional Circumstances j ; 1
Solvability Factors
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I. PURPOSE
The purpose of this order is to establish the polici-es and procoddres of the -lowa City Police
Department, Investigative Case Screening Process. This process shall be the means for
determining whether an investigation should be continued.
I NV 01.2
III. DEFINITIONS
Solvability Factors - Elements of information about a crime which have proven in the past to
be important in the successful conclusion of a case. Case screening is designed to provide
sufficient information about a case at the earliest possible time in the investigative process in
order to permit a decision to be made regarding the value of continuing an investigation. The
outcomes of case screening will be either: early suspension of unpromising cases or, a follow -
up investigation of those cases with a reasonable probability of case clearance.
The objectives of the Investigative Case Screening Process are:
1. To establish the policies and procedures for determining whether to assign a case for
additional follow -up investigation or to suspend any further investigation.
2. To establish the responsibility and accountability for the decision to assign or screen out
a case.
3. To manage the investigative caseload so that the potential for solving cases is improved.
4. To assign for additional follow -up investigation only those cases with sufficient solvability
factors, in order to increase the probability of case clearance.
5. To provide procedures for notifying crime victims of the current status of their case.
IV. PROCEDURES
CASE SCREENING CRITERIA
A. SOLVABILITY FACTORS
Criteria that are to be used as a guide to determine whether a case will receive follow -up
investigation includes, but is not limited to the following:
1. Reliable witness
2. Suspect names
3. Suspect described
4. Suspect Location
5. Suspect identified
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6. Suspect previously seen
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7. Suspect vehicle described
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8. Traceable property
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INV 01.3
9. Significant m.o.
10. Useable physical evidence
11. Limited opportunity for anyone other than suspect to commit { -'
the crime.
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12. Offense may be solved with reasonable additional investigative effort. ,
CASE SCREENING RESPONSIBILITY - - -J
A. WATCH COMMANDER s
1. The Watch Supervisors will be responsible for:
a. Reviewing offense reports for completeness of the initial investigation and accuracy
of the information contained on the offense report.
b. Reviewing cases forwarded by officers under his /her command, to ensure that they
have been followed up to the extent practical under the particular circumstances.
c. Assigning cases to officers that do not merit an investigative reassignment however
do need additional follow -up.
2. If, under exceptional circumstances, and in the Watch Supervisor's opinion an
immediate follow -up investigation would substantially increase the likelihood of suspect
apprehension or case clearance, the Watch Supervisor may reassign the case for an
immediate follow -up investigation.
B. INVESTIGATION SUPERVISOR
1. The responsibility of the Investigations Commander in the case screening process will
be:
a. To review all offense reports forwarded to the investigative section.
b. To determine whether sufficient solvability factors and values are present in the
case; and,
c. To either assign the case for follow -up investigation or suspend the case. If the case
is suspended, the Investigations Commander will notify the victim(s) of the status of
the investigation or return it to the original investigating officer who will make the
notification.
1) Upon assignment of the case by the Investigations Commander, an investigation
shall be initiated and a follow -up report submitted within 30 days. This may be
extended or waived at the discretion of the Investigations Commander.
2) Unless otherwise directed, upon assignment of the case, the assigned
investigator shall keep all records, statements, lab reports, and other case
INV 01.4
related materials with the case file. The Investigations Commander or designee
shall have access to the file at all times.
3) The Investigations Commander shall review the status of all assigned cases
within 30 days after assignment. Cases will be assigned an "Open ", "Closed" or
"Inactive" status. Open cases will remain under investigation. Cases may be
closed by arrest, exceptional clearance, suspended or unfounded.
4) Upon the closing of a case, all original documentation shall be submitted to
Records pursuant to departmental guidelines. Files, which are subject to being
recorded photographically or electronically, may be retrieved by the
Investigations Commander or the investigating officer and stored pursuant to the
direction of the Investigations Commander
d. To forward offense reports to crime analysis (Planning and Research) with sufficient
information about the case screening decision.
C. EXCEPTIONAL CIRCUMSTANCES
1. While the case screening criteria are very specific, the Investigative Case Screening
Process will be flexible enough to allow for exceptional circumstances including, but not
limited to:
a. Offenses of significant importance to the community.
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b. Potential danger to victim(s) or witness(es).
C. Seriousness of offense. F
d. Pattern, frequency, or m.o. characteristics of offense.
e. Management decisions to pursue a case regardless of solvability facto,
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2. While there is a degree of flexibility in the case screening process, exceptional
circumstances such as those described above shall be the exception, rather than a
standard procedure.
D. REPORT REVIEW /CRIME ANALYSIS OFFICER
1. The responsibility of the report review /crime analysis officer in the case screening
process will be:
a. To coordinate the Investigative Case Screening Process to ensure that the
screening decisions are within established procedural guidelines;
b. To analyze offense, incident and other reports for crime patterns and trends, similar
m.o. characteristics, or unique factors and to notify appropriate personnel of the
results of these analyses through bulletins, spot maps and /or other appropriate
reports;
INV 01.5
c. To analyze the any changes in patterns /trends in connection with changes in
enforcement efforts.
d. To review current trends, patterns, and /or problems with the Chief of Police or
designee as needed /required.
CRIME ANALYSIS
Crime analysis will, at a minimum, consist of the following: analysis of case reports,
incident reports, and calls for service.
To the extent possible, crime data shall be analyzed to identify the following:
a. Temporal and geographic factors /distribution of selected types of crime;
b. Frequency by type of crime;
c. Victim or target descriptors / tvpes; - f
d. Suspect identifiers or descriptors; —'
e. Suspect vehicle identifiers; f
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f. MO identifiers;
g. Physical evidence information; and
h. Other factors as determined by the Crime Analysis Officer.
In addition, as requested, the Crime Analysis section should develop recommendations
for prevention and enforcement strategies.
As available, crime analysis data should be forwarded to the affected watches
and officers assigned to the specific geographical area.
E. COMMANDER - FIELD ORERATIONS
1. The responsibility of the Commander, Field Operations in the case screening process
will be to meet with the Investigations Commander on a regular basis and resolve any
problems or conflicts developing from the case screening process.
Upon receiving a case, the Investigations Commander shall make a determination of the
"solvability" of the particular case using the criteria contained in General Order 91 -07.
Once assigned, the Investigations Commander shall maintain records indicating the
status of the case. The case records should indicate the incident number, date
assigned, the investigator assigned, case status, days open and other information as
determined by the Investigations Commander.
The assigned investigator shall maintain the case file in a secure manner. The file shall
include a copy of the preliminary investigative report and any written statements. In
addition the file may include any lab results, follow up reports, notes, statements, and
NV 01.6
other materials as determined by the investigating officer. The investigating officers'
follow -up should include those steps necessary to adequately conclude the investigation.
To the extent necessary and practical the investigating officer should:
a. Review and analyze previous reports, records and /or technical reports and lab
results relative to the investigation.
b. Conduct additional interviews and /or interrogations.
1) This may include the interviewing or re- interviewing of the victim, witnesses and
"bystanders ".
2) Determine if any witnesses may be able to identify a suspect from a lineup.
c. Seek additional information from both departmental and non - departmental sourc.s.
These may include but are not limited to:
1) Speaking with the officer(s) who were initially assigned the call
2) Obtaining information /data from the planning and research. a
3) Obtaining information from records.: r
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4) Obtaining information from informants. } _D
5) Obtaining information from organizations, businesses, institutions and others that
may have dealt with potential suspects.
d. Ensure that the collection of evidence and the search of any relevant areas has been
completed.
e. Maintain contact with victims and witnesses throughout the duration of the
investigation.
f. Identify potential suspects and eliminate those who are no longer suspects.
g. Determine the suspect's potential involvement in other related crimes.
h. Check criminal history of suspects.
i. Thoroughly prepare the case for legal presentation.
Upon conclusion or suspension of an investigation, the investigator shall forward the case file to
the Investigations Commander. The Investigations Commander shall then review and forward
the file to the Records Section.
WART
INV 01.7
Samu I Hargadine, hief Jf Police
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ADM -05.1
INFECTIOUS
DISEASE
CONTROL
Date of Issue General Order Number
MAY 08, 1992 192-01
Effective Date Section Code
MAY 05, 2008 ADM -05
Reevaluation Date Amends / Cancels
April 2011
C.A.L. E.A. Reference o
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INDEX AS:
Acquired Immune Deficiency Syndrome (AIDS) m
Hepatitis B Virus (HBV) a x
Human Immunodeficiency Virus (HIV) >
Infectious Disease
Infectious Disease Exposure
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PURPOSE:
The purpose of this directive is to establish uniform guidelines for the handling of
situations which pose an infectious disease exposure risk to humans, and
specifically to police officers.
This order consists of the following numbered sections:
I. Introduction
II. Policy
III. Definitions
IV. Procedure
V. Personal Protective Equipment
VI. Disinfection, Decontamination, and Disposal
VII. Handling of Persons and Employee Conduct
Vlll. Employee Management
ADM -05.2
I. INTRODUCTION
The Hepatitis A/B Viruses (HAV / HBV) have long been recognized as being
capable of causing illness and /or death. Similarly, Human Immunodeficiency
Virus (HIV), also referred to as Acquired Immune Deficiency Syndrome (AIDS), is
known to cause the same effect on the human body.
Research has demonstrated that when proper barrier techniques are utilized,
transmission of HBV and HIV can be prevented. Since law enforcement officers
work in environments that provide inherently unpredictable risks of exposure,
general infection - control procedures must be adapted to the work situations.
Personal protection measures must be exercised in all situations that have a
likelihood of exposure to infectious diseases.
III. DEFINITIONS
OSHA Rule 29 CFR 1910 -1030; Exposure Control Plan for Bloodborne Pathogens
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Term Definition
Blood Human blood, human blood components an�pfodLtks l-
made from human blood. U M
Bloodborne Pathogens Pathogenic microorganisms that are presenMiThur %n
blood and can cause disease in humane ThEme
pathogens include, but are not limited to, Hepatitis B
Virus (HBV) and Human Immunodeficiency Virus (HIV).
Body Fluids Fluids that have been recognized by CDC as directly
linked to the transmission of HIV and /or HAV / HBV
and /or to which universal precautions apply; blood,
semen, blood products, vaginal secretions,
cerebrospinal fluid, synovial fluid, pleural fluid,
peritoneal fluid, pericardial fluid, amniotic fluid, and
concentrated HIV or HAV / HBV viruses.
Contaminated The presence or the reasonably anticipated presence
of blood or other potentially infectious materials on an
item or surface.
Contaminated Laundry Laundry which is wet with blood or other potentially
infectious materials and presents a reasonable
ADM -05.3
likelihood of soakthrough or leakage from the bag or
container; laundry which may contain sharps.
Contaminated Sharps Any contaminated object that can penetrate the skin
including, but not limited to, needles, scalpels, broken
glass, broken capillary tubes, and exposed ends of
dental wires.
Decontamination The use of physical or chemical means to remove,
inactivate, or destroy bloodborne pathogens on a
surface or item.
Disinfect To inactivate virtually all recognized pathogenic
microorganisms, but not necessarily all microbial forms
(e.g., bacterial endospores) on inanimate objects.
Engineering Controls Controls that isolate or remove the hazard from the
workplace.
Exposure Incident A specific eye, mouth, other mucous membrane, non -
intact skin, or parenteral contact with blood or other
potentially infectious materials that results from the
performance of an employee's duties.
Occupational Exposure Reasonably anticipated skin, eye, mucous membrane,
or parenteral contact with blood or other potentially
infectious materials that may result from the
performance of an employee's duties. This definition
excludes incidental exposure that may take place on
the job, and that are neither reasonably nq6 routily
expected and that the worker is not requiredl0nm&in
the normal course of employment. ''�
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Other Potentially .�
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Infectious Materials (1) The following body fluids: SemE5,;u vag -Mal
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secretions, cerebrospinal fluid, synovial flt�0, plEwal
fluid, pericardial fluid, peritoneal fluid, arrAotic fpid,
saliva in dental procedures, and any body fluid that is
visibly contaminated with blood;
(2) Any unfixed tissue or organ (other than intact skin)
from a human (living or dead); and
(3) HIV - or HAV / HBV - containing cell or tissue
cultures, organ cultures, and culture medium or other
solutions; and blood, organs or other tissues from
experimental animals infected with HIV or HAV / HBV.
IV.
ADM -05.4
Parenteral Piercing mucous membranes or the skin barrier
through needlesticks, human bites, cuts, abrasions,
etc.
Personal Protective
Equipment (PPE) Specialized clothing or equipment worn by an
employee for protection against a hazard.
Source Individual Any individual, living or dead, whose blood, body fluids,
tissues, or organs may be a source of exposure to the
employee. Examples include, but are not limited to,
hospital and clinic patients; clients in institutions for the
mentally retarded; trauma victims; clients of drug and
alcohol treatment facilities; residents of hospices and
nursing homes; human remains prior to embalming;
and individuals who donate or sell blood or blood
components.
Sterilize The use of a physical or chemical procedure to destroy
all microbial life, including highly resistant bacterial
endospores.
Universal Precautions The term "universal precautions" refers to a system of
infectious disease control which assumes that every
direct contact with body fluids is infectious and requires
every employee exposed to direct contact with body
fluids to be protected as though such body fluids were
HAV / HBV or HIV infected. Therefore, universal
precautions are intended to prevent health care
workers from parenteral, mucous membrane and non -
intact skin exposure to bloodborne pathogens.
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Work Practice Controls Controls that reduce the likelihood of ex ob— are�iy
altering the manner in which a task is perforrr%d-
PROCEDURE =pr- --p
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A. Modes and Risk of Infectious Disease Transmission 5;u =r
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Hepatitis A/B Viruses (HAV / HBV) and Human Immunodeficiency \&s
(HIV) are considered infectious diseases by all health and medical
resources. Both have been transmitted in occupational settings only by
contact with open wounds, chapped or weeping skin, or mucous
membranes to blood, blood- contaminated body fluids, or concentrated
virus. There is no evidence that HBV or HIV is spread through the air,
through food, or through routine, casual contact.
ADM -05.5
Although blood is the single most important source of HIV and HAV / HBV,
police officers are often in adverse situations that make differentiation
between body fluids difficult. For example, poor lighting may limit the ability
to distinguish blood from other body fluids. Therefore, all body fluids shall
be treated as potentially hazardous under uncontrolled, emergency
circumstances in which differentiation between body fluids is difficult.
Additionally, all persons should be assumed to be infectious with HIV
and/or HBV.
The risk of exposure to infectious diseases can be minimized by the use of
personal protection devices when circumstances dictate. Protection can be
achieved through the use of equipment such as gloves, masks, and special
clothing designed to provide a barrier between the employee and a risk
source. The use of such equipment is often referred to as universal
precautions. Police officers must always be aware of potential i5xpos e
risk situations and do as much as possible to reduce the risk. -,c; 0
>:- _
1. Cardiopulmonary Resuscitation (CPR) n �-
={ I'°ifl
Police personnel should be concerned with the possible -4/ awl 0
HAV / HBV exposure through CPR administration. The refo@ig loves
and a protective resuscitation mask ( "pocket mask ") with aoone -wN
valve must always be used when administering CPR. After such a
situation is completed, personnel and equipment must be cleaned.
2. Fights and Assaults
Fights and assaults can place an officer in a situation for potential
exposure from a wide range of causes such as human bites and
attacks with sharp objects. Such instances may occur during arrest,
routine interrogations, domestic disputes, and booking operations.
Hands on contact may result in the presence of body fluids and thus
a chance of exposure.
Extreme caution must be used in dealing with a suspect or prisoner
with assaultive or combative behavior. When blood is present and a
suspect displays combative or threatening behavior, an officer must
attempt to put on gloves as soon as conditions permit. Should the
clothing of an officer become exposed, it should be changed as soon
as possible.
Suspects and prisoners may spit or throw body fluids onto an officer
during street contact or booking procedures. Any fluids or materials
should be removed with a disposable towel after donning gloves, and
the area then decontaminated with appropriate cleaning materials.
Following clean -up, soiled towels and gloves should be disposed of
in a proper manner.
ADM -05.6
3. Human Bites
Should an employee be bitten by anyone, the employee shall clean
the wound with soap and water as soon as possible. The employee
shall report the bite to a supervisor and obtain routine medical
attention as soon as possible to prevent infection. Appropriate
documentation of the incident must be completed, and should
include employee injury reports for permanent retention in the
employee's personnel file.
4. Searches and Evidence Handling
During searches and evidence handling, exposure to HIV and HAV /
H13V may be possible. Injuries such as puncture wounds, needle
sticks, or cuts pose a hazard during evidence handling and during
searches of persons, vehicles, and places.
The following precautions can help reduce the risk of infection during
search situations:
a) Caution must be used when searching prisoner /suspects'
clothing. Discretion should be used to determine if an
employee should search a prisoner /suspect's clothing or if the
prisoner /suspect should empty his or her own pockets.
b) A safe distance should always be maintained benn
officer and a suspect. > _4 <
c) An employee should wear protective gloves if eoEsure"to
body fluids is likely to be encountered. o rn 3
d) If cotton gloves are to be worn for evidence haOling, t&y
should be worn over protective, disposable gloves wf'ren
exposure to body fluids may occur.
e) A flashlight should be used when searching areas in which
the available light does not permit adequate vision.
f) Containers such as purses and bags should be searched by
turning the container up- side -down to empty the contents.
Small compartments must not be searched by the finger or
hand -probe method.
g) Puncture -proof containers should be used to store any sharp
objects that may be contaminated with body fluids.
h) Caution must be used when staples are used to seal
evidence so as not to tear gloves or puncture skin.
ADM -05.7
i) Wet or damp items of evidence should be air -dried prior to
placement in any air -tight containers.
j) When practical and appropriate, puncture resistant gloves
should be worn anytime a search of a person, vehicle or place
is conducted.
All officers, and particularly those involved with identification and
crime scene processing, must be alert for the presence of sharp
objects such as hypodermic needles, knives, razors, broken glass,
nails, or other sharp objects. Sharp objects should not be handled
with unprotected, bare hands but rather by mechanical means, such
as forceps or tongs.
Contaminated evidence shall not be transported, handled, nor stored
with or near any food items. An employee who has had contact with
or has been near contaminated items must not smoke or consume
food until after a thorough hand washing.
5. Deceased Persons and Body Removal
Officers should wear gloves and cover all cuts and abrasions before
touching a deceased person or removing a body. Precautions
should also be used when handling amputated limbs or other body
parts. Safeguards should be followed for contact with the blood of
anyone, regardless of whether the person is known or suspected to
be infected with HIV or HAV / HBV.
6. Autopsies
Protective masks and eyewear or face shields, laboratory coats,
gloves, and waterproof aprons should be worn when attending an
autopsy. All autopsy material should be considered infected vyh
HIV and HAV / HBV. Should police equipment come in c�t'act vy
body fluids or a contaminated surface, it must be thorougA5' a_ I ed 'YI
with appropriate chemical germicide. -; C') 01
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7. Crashes With Injury p
When responding to a vehicular collision or other type>bf accent
where injuries are present, protective gloves should be worn if body
fluids are likely to be encountered. Additional protective equipment
should be worn if body fluids are extensive.
V. PERSONAL PROTECTIVE EQUIPMENT
Appropriate personal protective equipment should be used at any time there is a
risk of exposure. For many situations, the chance that an employee will be
exposed to blood and other body fluids can be determined in advance. Therefore,
if the chance of exposure to body fluids is high, the employee should put on
ADM -05.8
protective equipment before dealing with the situation. Although several types of
equipment are recommended for protection, those commonly used may not be all
that is available.
A. Gloves
Gloves should be used in all situations in which exposure to body fluids
could occur. Extra pairs of gloves should always be available in case of
damage. Consideration in the choice of gloves should include dexterity,
durability, fit, and the task being performed. Thus, there is no single type of
thickness or glove style that is appropriate for all situations.
Thin nitrile gloves may be the preference of patrol officers due to the ease
of storage and transportation. These gloves may tear easily when used
due to the thin design. Therefore, extra pairs should be available. In known
hazardous situations, double - gloving is recommended. No gloves shall be
used if they are peeling, cracked, discolored, punctured, torn, or have
evidence of deterioration. _ �
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Specially designed puncture- resistant gloves are issued to all offs aM -n
should be used whenever an officer is handling or searching an arpawhe[e
there is a chance of cuts or punctures occurring. 0 °'
Heavy, rubber -type gloves may be the preference in situations v ere tP
gloves can be easily obtained. This type of situation may occur duriF9
crime scene processing. These gloves may be reused if cleaned after each
use with appropriate cleaning methods.
Gloves should be carried by each patrol officer and be available for
incidents where exposure could occur. Similarly, gloves should be available
at the police station for use during booking procedures and prisoner
handling.
B. Masks, Eyewear, and Gowns
Masks, eyewear, and gowns shall be available in all patrol vehicles and at
the police complex. These protective barriers should be used in conjunction
with gloves when there is a situation where splashes of blood or other body
fluids could occur. All protective equipment shall be made of materials that
are fluid -proof or fluid- resistant and shall protect all areas of exposed skin.
Should splashes or exposure occur when masks and gowns are not worn
and clothing becomes contaminated, the clothing should be removed as
soon as possible. Employees shall be permitted work time in which to
change clothing. If at all possible, the clothing should be changed at the
police station to avoid the contamination of an employee's residence.
Contaminated clothing should be bagged for laundering.
ADM -05.9
VI. DISINFECTION, DECONTAMINATION, AND DISPOSAL:
A. Cleansing and Decontamination of Body Fluids Spills
All spills and splashes of body fluids should be promptly cleaned using an
approved germicide. Visible materials should first be removed with
disposable towels or other appropriate means that will ensure against direct
contact with body fluids. Gloves shall be worn during cleaning operations.
Eye protection and additional protective clothing shall be worn if splashing is
anticipated. Following any cleaning, employees shall wash hands and any
other body surface that may have been contaminated during cleaning.
The Department shall ensure that a supply of materials and germicides
suitable for the cleaning of HIV and HAV / HBV contamination are available
at all times. Cleaning equipment should be used in accordance with the
manufacturers' recommendations. Plastic bags should be available for
removal of contaminated items from a contaminated area. All contaminated
items and cleanina eauipment shall either be anDrooriately cleaned or
disposed in a designated container at the police complex. o
n
1. Hand Washing >
C,
Hands and other skin surfaces should be washed immeih4€ely aid M
thoroughly if exposed or contaminated with body fluids.'n HaRls
should always be washed after gloves are removed, e if -the
gloves appear to be intact. Hands, and any other exposed sNn
surface, should be washed with warm water and soap. Waterless
antiseptic hand cleanser should be available to all officers for use
when hand - washing facilities are not available. No food substances
may be consumed following exposure to body fluids until after
thorough hand washing has been completed.
2. Laundry
Although contaminated clothing has a negligible risk of disease
transmission, employees shall treat all contaminated laundry with full
universal precautions. Clothing that has received spills or splashes
shall be removed as quickly after the exposure as possible. If
possible, the clothing removal should be done at the Police
Department so as not to contaminate an employee's residence. All
sworn officers shall have an additional full uniform available in their
locker.
Clothing which has been contaminated with body fluids may be
bagged and transported for laundering at the expense of the
department. Although normal laundry cycles and detergent used to
the manufacturers' recommendations are satisfactory for the
cleaning of contaminated clothing, no employee shall be required to
launder contaminated clothing if he or she does not wish. The
employee is responsible to ensure his or her supervisor is aware of
ADM -05.10
the need for laundry service. The supervisor shall ensure
arrangements are made for the laundry service of the contaminated
clothing.
3. Decontamination and Cleaning of Protective Equipment
Reusable protective equipment and interiors of police vehicles
contaminated with body fluids shall be cleaned as soon as possible
after exposure. If equipment is contaminated at locations other than
the police station, the equipment should be transported to the Police
Department in bags. Cleaning germicides shall be available at the
Police Department and should be used in accordance with the
manufacturers' recommendations. Employees involved with
equipment cleaning shall wear gloves during the process and
additional protection if necessary.
4. Contaminated Objects Disposal
Disposal of contaminated clothing, protective equipment, and all
other objects of concern shall be done by placement in a designated
container at the Police Department. A designated container shall be
available at all times and shall be emptied by only properly
authorized persons. The Police Department will arrange for disposal
of contaminated waste by persons or outside agencies properly
trained and certified to do so.
5. Contaminated /Infective Waste
All contaminated materials shall be placed only in an Vffopaote
container for disposal at the Police Department. �' =� < it
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VII. HANDLING OF PERSONS AND EMPLOYEE CONDUCT: ={ P M
hi
A. Equal and Nondiscriminatory Treatment —
Courtesy and civility toward the public are demanded at all tknes of=all
department employees, and any conduct to the contrary will not be
tolerated. Facilities, programs, and services shall be available to all
members of the public on an equitable basis regardless of known or
suspected HIV or HAV / HBV infection. Jokes, discrimination, and refusal
or omission of services will not be tolerated towards any member of the
public. Should a particular incident require the use of employee protection
measures, such protection shall be used with courtesy and civility towards
all persons.
Employees of the department shall not discriminate nor treat unequally any
other employee known or suspected of being infected with HBV or HIV. If
an infected employee receives medical approval to report to work, the
employee shall be treated without discrimination by all other employees.
ADM -05.11
The infected employee shall be employed so long as he or she is able to
perform assigned job functions in accordance with department standards.
VIII. EMPLOYEE MANAGEMENT:
The Police Department shall maintain a safe working environment for all
employees. Adequate training, personal protective equipment, medical
precautions, and records shall be available to all employees.
A. Training and Education
The Police Department shall require employee training regarding HIV and
HAV / HBV facts as they relate to the working. No employee should be
allowed to perform his or her duties before having received such training.
The Police Department should work with the City Personnel Division, and
other sources, to provide the needed training.
The training program should ensure that all employees. o
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1. Understand the modes of transmission of HBV and HIV. 0
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2. Can recognize incidents when universal precaution O oul� be
utilized.
3. Know the types of protective equipment appropriate for u§im in
specific instances.
4. Know and understand the limitations of protective clothing and
equipment.
5. Are familiar with appropriate actions to take and persons to inform if
exposure occurs.
6. Are familiar with and understand all requirements for work practices
and department general orders.
7. Know where protective equipment is kept, its proper use, and how to
remove, handle, decontaminate, and dispose of contaminated
clothing and equipment.
8. Know the corrective actions to be taken in the event of spills or
personal exposure to body fluids, the appropriate reporting
procedures, and the medical monitoring recommended.
Following the initial HAV / HBV and HIV training, employees should receive
refresher training at least annually thereafter.
C.
IC
ADM -05.12
Personal Protective Equipment
The Police Department shall provide all employees access to personal
protective equipment as may be necessary for protection from exposure to
body fluids. The equipment shall be provided in sufficient quantity so as to
be available to all employees without having to share while working a single
incident. The department shall pay all costs incurred for the acquisition,
cleaning, maintenance, disposal, and replacement of all equipment.
Post Exposure Evaluation and Follow -up Procedures
In addition to any health -care or
regulations, or worker agreements,
without charge to an employee:
monitoring required by other rules,
the Police Department shall offer,
1. Voluntary HAV / HBV immunization. An employee who has received
initial immunization shall be offered booster doses as may be
required /recommended by proper medical authorities.
2. Monitoring, at the request of the employee, for HAV / HBV and HIV
antibodies following known or suspected exposure to blood or body
fluids. The evaluation results shall be confidential.
It is recommended that monitoring be conducted following a known
or suspected exposure. Monitoring is particularly important if the
exposure was to a person of unknown identity. Monitoring
procedures shall be in accordance with the recommo datio of
qualified medical personnel. s 00
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3. Counseling for an employee found, as a result of monttorfng, to bed.
seropositive for HAV / HBV or HIV. n C' iii
Recordkeeping - 0
The Police Department shall be responsible for the maintenance of inbment
and personnel reports pertaining to exposure, suspected exposure, training,
and all other incidents dealing with HBV and HIV that are a concern to the
Division. Records should include:
1. Training records, indicating the dates of training sessions, the
content of training sessions along with the names of all persons
conducting the training, and the names of all persons receiving
training.
2. The conditions observed during routine, day -to -day operations for
compliance with work practices and use of protective equipment. If
non - compliance is noted, the conditions should be documented
along with corrective actions taken.
ADM -05.13
3. The conditions associated with each incident of exposure to body
fluids, an evaluation of the conditions, and a description of any
corrective measures taken to prevent a recurrence or other similar
exposure.
Records pertaining to HAV / HBV vaccinations and post- exposure follow -up
shall be retained for 30 years after termination of employment with the
department.
Sam el Hargadin
CHIEF OF POLICE
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OPS -09.1
PRISONER
TRANSPORT
Date of Issue General Order Number
March 17, 1999 199-03
Effective Date Section Code
April 7, 2008 1 OPS -09
Reevaluation Date Amends / Cancels
March 2009 1 All Orders In Conflict
C.A.L.E.A.
Chapter 70 !_5
INDEX AS:
Use of force - co
Prisoner Transport
Handcuffing
y
I. PURPOSE
The purpose of this policy is to provide guidelines for transporting persons in the
custody of officers of the Iowa City Police Department between points of arrest and
initial booking.
II. POLICY
Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of
the Iowa City Police Department to take the precautions necessary while transporting
prisoners to protect the lives and safety of officers, the public and the person in
custody.
OPS -09.2
III. PROCEDURES
A. Vehicle Inspection
At the beginning and end of each tour of duty, all vehicles regularly
used for prisoner transport shall be inspected for readiness as follows.
a. The safety screen shall be securely in place and undamaged.
b. All windows shall be intact, and outer door latches in proper
working order.
c. Rear -seat door handles and window controls shall be
deactivated.
d. The interior shall be thoroughly searched to ensure that no
weapons or contraband have been left behind or hidden within
the vehicle.
2. Prior to placing a prisoner in a vehicle for transport, the transporting.,
officer shall inspect the interior for weapons or contraband ahe
vehicle shall be searched again after the prisoner has beer,,d - rT}ver ,d
to the detention facility or other destination.
CD
B. Handcuffing/ Use of Restraints
1. Officers should handcuff (double - locked) all prisoners with -their hds
behind their back and palms facing outward.
2. The officer may handcuff the prisoner with his /her hands in front, or
use other appropriate and approved restraining device(s) where the
prisoner
a. is in an obvious state of pregnancy,
b. has a physical handicap, or
c. has injuries that could be aggravated by standard handcuffing
procedures.
3. Known juveniles will be handcuffed only when reasonably necessary to
ensure the safety of the officers, juvenile or others.
4. Prisoners shall not be handcuffed to any part of the vehicle during
transport.
5. Additional approved restraint devices may be used to secure a
prisoner who violently resists arrest or who exhibits behavior such that
he /she poses a threat to himself, the officer, to the public, or to prevent
escape.
6. Officers are prohibited from transporting prisoners who are restrained
in a prone position. The technique of "hog tying" shall not be used by
members of this department.
OPS -09.3
C. Transport
1. Prior to transport, all prisoners shall be thoroughly searched for any
weapons or contraband.
2. Prisoners should not be handcuffed together.
3. When possible, females should be transported separately from males.
4. Juveniles shall not be transported in the same area of a vehicle with
adult prisoners.
5. Special precautions should be employed when transporting high -risk
prisoners. In particular:
a. combatants should be transported separately
b. members of rival gangs should be transported separately
6. Prior to initiating transport, the officer should provide comrV,4nicatioAs
with the following information.
a. arrest location and destination --
b. mileage reading before and after the transport of juvenii4s`or i
member of the opposite sex.
c. number of persons being transported
d. nature of the charge(s)
7. The officer should assist the prisoner(s) into the squad car, taking care
to avoid the prisoner(s) striking their head on the vehicle. Prisoners
should be instructed not to lean back on their wrists.
8. Prisoners should be transported in a manner that allows for constant
visual observation. Officers operating vehicles equipped with video
should consider activating the camera to document the prisoner during
transport. Seating of officers and prisoners should, when possible,
conform with the following:
a. Where the vehicle has a security screen but one transporting
officer, the prisoner should be placed in the back seat on the
right hand side of the vehicle. When the vehicle is not
equipped with a screen and has only one transporting officer,
the prisoner shall be placed in the right front seat and secured
with a seatbelt.
b. When a prisoner is being transported in a two- officer vehicle
without a security screen, the prisoner shall be placed in the
right rear seat. The second officer shall sit in the left rear seat.
c. Leg restraints should be used when a prisoner exhibits or an
officer reasonably believes the prisoner is likely to engage in
violent behavior or is an escape risk.
d. A single transporting officer shall not transport more than one
prisoner in a vehicle without a screen.
e. Prisoners should be instructed that they are not to speak to
OPS -09.4
each other, or have contact with outside parties during
the transport process.
f. Prisoners should be secured in a seatbelt during transport if the
officer(s) feel they can safely do so.
9. The physical well -being of prisoners shall be monitored during transit.
Particular attention shall be directed to persons reported or suspected
of being under the influence of drugs and /or alcohol or who have a
history or propensity for violence.
a. Prisoners who report or display symptoms of serious physical
illness or injury during transit shall be taken to an emergency
room for treatment.
b. Escorting officers shall remain with the patient at all times
unless relieved by other authorized personnel. (this may
include medical staff)
c. Potentially violent persons in custody shall be restrained at all
times in treatment facility unless such restraint would interfere
with essential treatment.
d. In the event a prisoner who has committed a serious offense is
admitted to a hospital, long-term security may be appropriate. In
such cases the supervisor of the arresting officer shall design a
schedule that permits 24 -hour security of the prisoner. Adequate
rotation of officers will be maintained. Visitors, including phone
contact, not approved by the Police Department shall be prohibited.
Officers shall avoid fraternization with the prisoner.
e. When released from the hospital, the prisoner shall be transported
to the appropriate holding facility. The transporting officer shall
ensure that all hospital treatment instructions and medication
directions are given to the holding facility staff.
10. Symptoms or reports of physical or mental illness (such as threats of
suicide or psychotic behavior) shall be reported to the receiving
officer.
11. Any wheelchairs, crutches, prosthetic devices, and medication should
be transported with , but not necessarily in the possession of the
prisoner. In instances where a person with a disability must be
transported, and the disability prevents transport in a mark6d patrd
car, a watch supervisor should be contacted for assistance,,' Alternate
methods of transport may include but are not limited to the, use of an -
unmarked unit, transport van, or requesting an arnbulancC to
transport.
12. Prisoners should not be left unattended during transport.'.-. "
13. Officers shall not engage in unrelated enforcement activities while
transporting prisoners unless failure to act would risk death or
serious bodily injury to another. In non -life threatening yet serious
OPS -09.5
situations, officers should call for back -up assistance and may
remain on -hand until such assistance has arrived.
14. Any escape shall be immediately reported to the communications
center with a complete description of the fugitive, mode and direction
of travel, original charge and propensity for violence if known. The
communications operator shall notify the watch supervisor. The
officer shall complete a report detailing the escape. When a subject
is not immediately captured, the watch supervisor should consider
notifying outside agencies and request assistance. He /she may
also consider the use of a canine unit in tracking the subject. If this is
done, it shall comply with the general order pertaining to canines.
15. If a prisoner is an escape risk, the officer shall notify the receiving
agency of this information.
16. When a prisoner is transported to the Iowa City Police Department for
processing or questioning, the officer shall maintain control and shall
ensure that visual contact is maintained with the subject at all times. In
this case, the officer will decide if the handcuffs may be removed
during the processing or interview process.
17. When officers are detained for a period of time waiting for jail entry
authorization, they shall monitor the well being of their prisoners and
ensure that restraints have not unduly tightened. Officers assigned to
the prisoner holding van will check handcuffs of prisoners and make
sure they are properly adjusted before they are placed in the vehicle.
The officer will inform dispatch of the check and the prisoner's name.
At regular intervals, the officer will verbally check with the prisoners to
make sure no problems have developed. If a problem develops, with
two officers present and at the officer's discretion, the prisoner may be
removed from the vehicle and the handcuffs or othirr problem
checked. All checks will be noted in the CAD log.
18. Upon arrival at the Johnson County jail, weapons shall be :secured_',i�
the provided lockers.
19. Prisoners are in the custody of the Iowa City Police Department until
they are received by Johnson County Jail personnel or released by
the officer.
20. Persons who are transported for non- criminal procedures should be
patted down and seated as indicated above. The officer will decide
if the use of restraints is warranted.
21. Upon arrival at the receiving agency, the officer shall comply with the
security requirements of the agency pertaining to weapons and
prisoner restraints. Officers should advise the receiving officer of any
medical conditions or special concerns regarding the prisoner as well
OPS -09.6
as delivering all required paperwork and /or documentation regarding
the subject. The receiving officer's name should be included on the
appropriate form.
Samuel Harga e, Chief of Police
SER -06.1
EVIDENCE AND
PROPERTY
HANDLING
PROCEDURES
Date of Issue General Order Number
November 14, 2000 100-10
Effective Date Section Code
May 1, 2008 1 SER -06
Reevaluation Date
I Amends / Cancels
I
January 2010
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C.A.L.E.A.
Reference
.l
84.1.1,84.1.2,84. 1.3,84.1.4,84.1.5,84.1.6,84.1.7
INDEX AS:
Search
Vehicle Impounds
Seizure
I. PURPOSE
The purpose of this order is to establish and explain procedures pertaining
to evidence and property control. This will help ensure that evidence is
maintained in such a fashion as to be of value in any legal proceedings
and to aid in the return of property to its rightful owner.
II. POLICY
It is the policy of the Iowa City Police Department to maintain an inventory
system for property taken into custody by its employees. The Department will
comply with all applicable state and federal requirements for seized and forfeited
property.
SER -06.2
III. DEFINITIONS
EVIDENCE_ Any property, regardless of its nature, that is taken by the
department as part of an investigation and which may be used for the
purposes of the investigation or in legal proceedings.
FORFEITABLE PROPERTY. Any of the following:
A. Property which is illegally possessed.
B. Property which has been used or is intended to facilitate the
commission of a criminal offense or to avoid detection or apprehension
of a person committing a criminal offense.
C. Property which is acquired as or from the proceeds of a criminal
activity.
D. Property offered or given to another as an inducement for the
commission of a criminal offense.
FOUND PROPERTY. Any property, regardless of its nature, that has
been found by any person and is being held for safekeeping until the
owner can be identified.
RECOVERED PROPERTY.- Any property that has been identified as
having been stolen (may also be classified as evidence).
SEIZABLE PROPERTY. Any of the following:
A. Property which is relevant in a criminal prosecution or investigation.
B. Property defined by law to be forfeitable.
C. Property which if not seized by the state, poses an imminent danger
to a person's health, safety or welfare. O
r
Per Iowa Code Chapter 809
809.1 Definitions
1. "Seizable property" means any of the following:
a. Property which is relevant in a criminal prosecution ors-
investigation. a
b. Property defined by law to be forfeitable property.
c. Property which if not seized by the state poses an imminent
danger to a person's health, safety, or welfare.
2. "Seized property" means property taken or held by any law
enforcement agency without the consent of the person, if any, who
had possession or a right to possession of the property at the time
it was taken into custody. Seized property does not include
property taken into custody solely for safekeeping purposes or
property taken into custody with the consent of the owner or the
person who had possession at the time of the taking. If consent to
the taking of property was given by the person in possession of the
property and later withdrawn or found to be insufficient, the property
SER -06.3
shall then be returned or the property shall be deemed seized as of
the time of the demand and refusal.
3. The definitions contained in subsections 1 and 2 shall not apply to
violations of chapter 321.
809.2 Notice of seizure.
The officer taking possession of seized property shall make a written
inventory of the property and deliver a copy of the inventory to the person
from whom it was seized. The inventory shall include the name of the
person taking custody of the seized property, the date and time of the
seizure, and the law enforcement agency seizing the property.
SEIZED PROPERTY: Property taken or held by any law enforcement
agency without the consent of the person who had possession or a right to
possess the property at the time it was taken into custody.
CHAIN OF EVIDENCE. The continuity of the custody of physical
evidence, from the time of original collection to final disposition, that may
be introduced in a judicial proceeding.
IMPOUNDING OFFICER: The member of this agency who initially
receives the property and initiates the chain of custody.
PROPERTY CUSTODIAN: Agency member accountable for controlling
and maintaining all property accepted by or stored in the Department's
property room.
PHYSICAL EVIDENCE: Any substance or material found or reI50vered4h
connection with a criminal investigation.°
_.a 71
PROPERTY ROOM: Facilities used by this department to stor d ---
secure evidence or property. -�
IV. PROCEDURES
0
Property held by the Iowa City Police Department will be regulated and
controlled by an organized management system. The Department's
property control function is under the direction of the Commander of
Administrative Services. A Property Custodian manages the daily
operations of the system. The Commander of Administrative Services is
authorized to perform daily operation functions in the absence of the
Property Custodian.
All property under the control of the Iowa City Police Department will be
handled in a manner consistent with the property control guidelines
manual.
SER -06.4
A. Intake of Recovered and Seized Property
1. Utilizing proper evidence gathering, packaging and labeling
techniques, all items submitted as recovered or seized property will
be documented on the "Property Control Inventory". Blood kits are
the exception as they contain their own control inventory
documentation. This documentation will be completed prior to the
end of the submitting officer's watch.
2. The submission and documentation of seized or recovered property
will be referred to in the incident report.
3. The submitted items will be accompanied by the original of the
"Property Control Inventory" and secured in one of the following
ways:
a) turned directly over to the Property Custodian,
b) placed in the evidence submission lockers, secured and the key
deposited in the designated secured box,
c) placed secured in the Records Sgt.'s office by a supervisor, or
d) as directed by the Property Custodian or Commander of
Administrative Services.
e) in cases of c) or d), the original documentation will be left with
the property and a copy will be directed towards the Property
Custodian advising them of the recovery/seizure and location
where it was stored.
4. At no time will property be left unsecured or stored in personal
areas, nor will it be converted for personal use.
5. If evidence is collected which requires processing, the on'duty
Watch Supervisor should assign an on -duty CST to process the
evidence. Upon completion of processing, the CST shall submit
the item and evidence to the property custodian in the prescribed
manner. If there is no crime scene technician (CST) available or
the procedure is one which requires techniques not available
through the Iowa City Police Department, the evidence shall be
submitted along with the evidence form to the property custodian,
or deposited in a securable locker outside the property room.
6. If the evidence is to be sent to the Lab (for any reason), it will be
the officer's responsibility to fill out the lab request sheet and submit
it to the Property Custodian with the evidence.
7. All items taken due to search, arrest or for safekeeping are required
to have receipts issued to the person it is taken from. This is most
efficiently handled with the "Property Control Inventory" form.
8. No hazardous substance shall be brought into the police
department. O
9. All drugs must be weighed on a designated scale and /oc me
prior to securing them in the evidence locker.
10. Weapons shall be secured to the extent possible prior to-their — f
submission to the Property Custodian. _{ ?
s'-
SER -06.5
11. Undeveloped film and digitally recorded images shall be submitted
along with the corresponding CST sheet to the property custodian.
12. If a vehicle is impounded because it is evidentiary in nature, a
property sheet shall be filled out in addition to the vehicle impound
report.
13. If an item demands freezing or refrigeration, the item may be
packaged and turned directly over to the Property Custodian. If it is
not possible to directly turn the item over to the property custodian,
it may be sealed (in such a manner so as to detect tampering) and
placed into the police department evidence freezer /refrigerator.
The on -duty supervisor shall be notified and notification passed on
watch to watch until the property custodian takes possession.
B. Intake of Found Property
1. All items (value over $5.00) found by or turned into Department
personnel will be recorded on a "Property Control Inventory"
Sheet. The receiving person shall complete a property sheet for
unclaimed property prior to the end of their watch. There may be
times that an incident report is required to document circumstances
involving found property.
2. An attempt to contact the identifiable owner will be made and
documented on the front of the property sheet or in the report.
Property illegal to possess is excluded from this notification.
3. If no owner is identified, or the owner does not immediately
respond, the item will be submitted to the Property Custodian under
the following procedure:
a) attach the inventory sheet & report;
b) place in evidence locker;
c) after hours, larger items may be placed in the Records Sgt's.
office by a supervisor.
d) Bicycles (see specific section) will be placed at the desinnated
secure area
4. Keys are the exception to the above rules. Keys will be pfa 6d in
the box located by the "Records" window. However, keysnrilhbe ;
documented by entering them as a call for service with air *f — _P
description. If they are claimed by an owner, a subsequent_d-all forr.O., --
service will be used to document the retrieval.
5. Items valued under $5, such as hats, gloves, coffee cups,3pd;
obvious junk should not be received into the found property
system. Misplaced /lost items of this type should go to the
information desk or be discarded. No found or recovered items
may be converted to personal use.
6. In the event the citizen who turns property over to the Police
Department expresses an interest in claiming the property should
no owner be found, the request will be noted and they will be
referred to the Johnson County Attorney. The "receipt" copy of the
SER -06.6
property control form should be given to them as their record.
Rules for this type of claim are covered in Chapter 556F of the
Code of Iowa.
Bicycles
Because of the large number of found and recovered bicycles which
come in to the possession of the Iowa City Police Department, the
following procedures shall be adhered to.
1. Upon receipt of a bicycle, the departmental member shall fill out an
incident report in lieu of the departmental property form, paying
particular attention to the bicycle section of the report. If a serial
number or other designated information is not available, the person
taking custody of the bicycle will note this in addition to leaving this
section blank. In incidents where the bicycle was involved in a
motor vehicle accident, an accident report may be substituted for
an incident report.
2. The bicycle shall then be transported to the departments secured
bike storage area. A tag shall then be attached to the bicycle with
the case number, date and name or number of the impounding
officer written on the tag. The number on the tag shall then be
recorded on the incident or accident report.
3. In incidents where the bike is evidentiary in nature, the person
taking custody shall note this on the incident/accident report and a
property sheet filled out and submitted to the property custodian. A
photocopy of the property sheet shall be submitted with the incicApt
or accident report. A bicycle seized as evidence shall ndbe ta@
fin
to the bike storage area. They will be handled and sto—s s -QY
other piece of evidence.
HAZARDOUS SUBSTANCES < r • �,
A. Biological Hazards
When collecting evidence which is biological in nature, officers shod
remain mindful of the potential hazards which may be present. When
dealing with this type of evidence officers shall follow the applicable
precautions and /or procedures pertaining to blood borne pathogens.
When submitting items, which may be contaminated with a biohazard,
officers shall observe the following procedures. Property which posses
a potential biohazard but is not evidentiary shall be disposed of in an
approved manner, with documentation of the property and the manner
in which it was disposed of. A property sheet shall be submitted to the
property custodian along with an incident report regarding the
circumstances under which the property was obtained and the manner
in which the property was disposed of.
1. Materials which have been contaminated, should not be submitted
or stored in plastic containers but packaged so as not to degrade or
contaminate other items.
SER -06.7
2. All items which may be contaminated shall clearly indicate such on
their package. It should also be noted on the incident report.
3. When placed in temporary storage, the compartment containing the
object should be clearly marked as containing a potential hazard.
4. Officers shall follow departmental decontamination procedures
upon exposure to biohazards.
5. The property custodian will secure the contaminated object in such
a manner as to maintain the evidentiary value of the item.
6. Officers unsure as to the procedure for handling the contaminated
item shall contact a CST or the watch supervisor.
7. Perishable food items should be photographed and documented
and returned to the owner or properly disposed of.
B. Hazardous Materials
Upon the collection of items that are hazardous in nature such as
chemicals, flammable liquids or explosives, the items should be
photographed and stored in designated areas or arrangements made
for immediate transport to a designated lab. These items shall have a
photocopy of the property sheet attached to them, with the originals
being submitted to the property custodian along with a copy of the
incident report indicating the type and amount (estimated if necessary)
of the hazardous material along with its location. At no time shall these
items be taken to the Police Department. Officers should limit the
collection of these types of items to evidence or contraband. Before
taking control of these types of items for other reasons, the watch
supervisor should be contacted for guidance.
0
G n
Fireworks shall be disposed of in accordance with dopimal
guidelines. �
C. Property Management
Inspections =;
Only the Commander of Administrative Services, P rope 49�ustoQn
and the Commander of Field Operations will have access and cord bl
of the secured property control areas. The Property Custodian will
have primary responsibilities for the day -to -day operations of the
property areas.
On an annual basis the Property Custodian will submit to the
Commander of Administrative Services a report listing all of the
property under the control of the Iowa City Police Department. The
report shall include the date of intake.
At least bi- annually the Commander of Administrative Services or
designee shall conduct an inspection to confirm adherence to
procedures used for property control. This inspection will, further
i.i
SER -06.8
ensure that the property areas are being maintained in a clean and
orderly fashion, that property is being protected from damage or
deterioration, and that proper accountability procedures are being
maintained. This inspection shall also consist of verifying the property
of at least five (5) separate incidents and accompanying
documentation.
The Chief of Police or designee will conduct unannounced inspections
of the property storage areas at least once a year. These inspections
will be done by persons not directly responsible for property control
functions. These inspections will consist of the checking of the actual
property of at least ten (10) separate selected incidents and all
accompanying documentation.
The Lieutenant of Criminal Investigations will conduct an annual
inventory of property held by the Iowa City Police Department. This
inventory is to ensure the integrity of the system and does not require
an accounting for each item of property. This inspection will at a
minimum, consist of verifying the actual property of a significant
representative sampling (10% is recommended) of separately selected
incidents and all accompanying documentation. This inspection should
also ensure that the integrity of the property area is being maintained
pertaining to security and the condition of the property being held by
the department. This inventory shall include a list of all property which
is under the control of the Iowa City Police Department, all of the items
which have come under the control of the Iowa City Police Department
within the past year and all of the items that had been released or
disposed of by the Iowa City Police Department along with the method
of their disposal.
In the event that a piece of property cannot be accounted for, the
Property Custodian shall notify the Commander of Field Operations,
who shall assign a Lieutenant to work with the Property Custodian to
clarify the status of the property. If the status can not be resolved, the
Commander of Field Operations shall initiate an internal investigation
relating to the property in question. The results of this investigation
shall be forwarded to the Chief of Police and the COnSiandeC:Df
Administrative Services. Upon completion of the invest@ai�n,ie
status of the property shall be entered in the case file. -
Upon the appointment of a new property custodian, an inved4 y of 4he r.
property in control of the Iowa City Police Departmeh_t5 shall -be
conducted to ensure the integrity of the property and that rords are
complete. The inventory shall be conducted by the outgoi g property
custodian, the newly appointed property custodian and a supervisor
designated by the Chief of Police or his /her designee. All high -risk
SER -06.9
items such as money, precious metals, jewelry, firearms, and drugs
and a sufficient number of other records will be reviewed to ensure the
integrity of the system. Any discrepancies should be recorded prior to
the newly appointed property custodian assuming responsibility.
Discrepancies shall be handled in the manner mentioned above. A
written report documenting the change of custodian inventory shall
include a listing of all property in control of the Iowa City Police
Department upon the departure of the outgoing property custodian.
All property control inspection reports shall be submitted to the Chief of
Police with copies going to the Commander of Administrative Services,
Commander of Field Operations, Lieutenant of Investigations, and
officer in charge of accreditation.
Submission of Evidence to Labs
When possible, evidence should be submitted to the appropriate
laboratory within five working days of collection. Officers who have
evidence needing to be sent to an outside agency shall complete the
required property sheet making sure the chain of custody section has
been filled out. The officer shall also fill out a DCI lab request form,
indicating the test desired. The property custodian shall package the
evidence for shipment to outside labs and fill out the chain of custody
information on the property sheet. The property custodian shall
maintain the records pertaining to the shipment, receipt, and return of
evidence to the Iowa City Police Department. Blood kits shall be
sealed per the instructions and submitted to the property custodian
along with the evidence sheet. The property custodian will package
the kit for submittal, following the above mentioned procedures. The
results of the test shall be returned to the Property Custodian, with the
original being submitted to records and copies going to the- originc- g
officer. C
Transfer of Evidence
Whenever evidence is transferred from the property -the
the
following procedures shall be adhered to:
1. In instances where the evidence needs to be remove "t rr"he
property room, the property custodian shall documentoe ch9pge
of custody on the chain of custody section of the property f6frn.
The receiving person shall sign upon receipt of the evidence and
note the date and time of the change of custody along with the
reason for the transfer of the property.
2. The member receiving the evidence assumes control and
responsibility for ensuring its security, storage and maintenance.
3. Upon return of the evidence, the returning party shall fill out the
chain of custody section and the property custodian will sign upon
SER -06.10
receiving and confirming the evidence being returned. The date
and time will be included on the change of custody section.
4. When property is needed for legal proceedings, the person
receiving the notice of the request should notify the property
custodian of the date on which the property will be needed. In any
event, the property custodian should be notified no less than 2 days
prior to the date on which the property will be needed.
5. When evidence is removed from the property room for processing
by the Iowa City Police Department, the aforementioned
procedures shall be adhered to.
6. When evidence is transported or shipped to an outside agency for
testing, the property custodian will document the change of
custody, including the destination, date of shipment, manner of
shipment, return of service for the shipment and return of the
evidence being processed.
D. Disposition of Property (Iowa Code Chapters 80.39, 809.5)
The Iowa City Police Department will attempt to return property to its
rightful owner. In the case of found or recovered property, the
property custodian will take the statutory steps to contact rightful
owners. When an item is claimed, the receiving party shall sign a
receipt acknowledging the receipt of the property. When unable to
contact the person(s) who may legally claim the property, the property
custodian shall take appropriate steps to locate and notify a legal
claimant. In instances where the rightful owner does not respond within
the prescribed time, the property will be sold at public auction or
otherwise disposed of as allowed by law.
In instances where contraband has been seized and is not required for
evidence and is not subject to return to the party from whom the
property was seized, the initiating officer may dispose of the property
after providing a receipt to the person in possession of the property.
Unless disposed of by the officer, the officer shall submit the property
to the property custodian, with a follow up sheet attached, requesting
the property custodian dispose of the property. In instances where the
property has been seized and destroyed, the incident report shall be
completed by the disposing officer and state the circumstar�„ces
surrounding the incident and the manner in which the pMperty t-&s
disposed. The exceptions to this paragraph are drugs, n�-- ctics and
�y
fireworks. — `}
Drugs and narcotics, whether seized as contraband or 60' 0ken-,,?s
evidence, shall be disposed of in the manner approved by thq*tohn-son .
County Attorney. Officers shall turn all confiscated drugs 6i harc6#ibs
over to the property custodian regardless of whether the subject fm
whom they were seized is charged or not. Drugs, narcotics and
SER -06.11
fireworks shall not be disposed of in any manner other than that
prescribed by the Iowa City Police Department.
Evidence shall be disposed of upon notification from the clerk of court
that the case has been resolved, and the appeal process has expired
or been exhausted. The property should be returned to the rightful
owner within 180 days. If the rightful owner is unknown, or fails to
recover the property within 90 days after notice, the property custodian
shall dispose of the property consistent with departmental guidelines.
/? — 117 %
Samuel E. Hargadin "hief 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.
C°=a
Flo
{n
ADM -08.1
POLICE MEDIA
RELATIONS /
PUBLIC
INFORMATION
Date of Issue General Order Number
NOVEMBER 20, 2001 01 -07
Effective Date Section Code
April 29, 2008 ADM -08
Reevaluation Date Amends / Cancels -'
March 2010 =-
C.A.L.E.A. Reference
54.1.1, 51.1.2 —
y -
INDEX AS:
I. PURPOSE
It is the purpose of this policy to establish guidelines for release and dissemination of
public information to print and broadcast media.
II. POLICY
It is the policy of the Iowa City Police Department to cooperate fully and impartially with
authorized news media representatives in their efforts to gather factual, public
information pertaining to activities of the department, as long as such information
gathering does not unduly interfere with departmental operations, ongoing
investigations, infringe upon individual rights or violate the law.
ADM -08.2
III. DEFINITIONS
Public Information: Information that may be of interest to the general public
regarding policy, procedures or events involving the department or other
newsworthy information that is not legally protected, does not unduly interfere
with the mission of the department, ongoing investigations, infringe upon the
rights of an individual or compromise the legitimate safety and /or privacy
interests of officers, victims, witnesses or others.
News Media Representatives: Those individuals who are directly employed by
agencies of the electronic or print media such as radio, television and
newspapers. Freelance workers in this field are to be regarded as other
members of the general public unless otherwise designated by the Chief of
Police or his /her designee.
Public Information Officer (PIO): The department's PIO serves as a central
source of information for release by the department and responds to requests.for
information by the news media and the community.
IV. PROCEDURES
A. Duties of the Public Information Officer
The department's PIO is available to: -
i) Be present at the scene of major incidents;
(1) at the scene of major incidents the officer in urge ivay
designate an area for media to respond and a response roUte.
The PIO will respond to this area and provide information and
updates to the media as available.
ii) assist the news media;
iii) prepare and distribute media releases;
(1) when the PIO is unavailable, media releases will by provided by
the on -duty watch commander or supervisor of the unit in
charge of the incident. All media releases will identify the
person issuing the release.
iv) arrange for, and assist at, news conferences;
v) coordinate and authorize the release of information about victims,
witnesses and suspects;
vi) assist in crisis situations within the agency and coordinate the release
of authorized information concerning confidential agency investigations
and operations.
vii) The Public Information Officer will provide a single authoritative source
for media contacts between 07:00 and 15:00 Monday through Friday.
(1) When the PIO is not on -duty, the Watch Commander will
handle media requests. In the event of an incident generating
significant numbers of media inquiries, the Watch Commander
will determine the need for the PIO to respond.
(2) Questions regarding an investigation being handled by the
investigative section will be handled by the Investigative
Supervisor in the absence of the PIO. In instances where the
/_l7►'tQY?
Investigative Supervisor is unavailable, the request will be
handled by the on -duty watch supervisor.
(3) In the event of a prolonged SRT deployment, the, SRT
commander may request that the PIO respond to a designated
location or he /she will designate a person to set -as liaison
with the media. The SRT commander may also _designate
routes by which members of the media should 4proach the
area.
b) Cooperation with the Media
i) Authorized news media representatives shall have reasonWe access
to the PIO, the Chief of Police or his /her designee and Command Stpff
of the department as governed by this policy. When information is
denied to a media representative, the basis for that denial shall be fully
and courteously explained.
ii) This department recognizes authorized identification from all local,
national and international news organizations. Failure of media
personnel to present authorized identification may provide grounds for
restricting access to non - public information or to incident scenes.
iii) Public information shall be released to the news media and public as
promptly as circumstances allow, in as objective a manner as possible.
iv) Public information may be provided to news media representatives
and the public by telephone.
v) Ranking officers at crime or incident scenes may release information
of a factual nature to the media as governed by this policy or refer the
inquiry to the PIO. Where the officer is unsure of the facts or the
propriety of releasing information, he /she shall refer the inquiry to the
watch commander or PIO.
vi) When an operation involves multiple agencies the agency with primary
jurisdiction will make determinations regarding appropriate media
releases. The Iowa City Police Department will provide information
consistent with this policy when it is the agency with primary
jurisdiction. The information should include the identification of
assisting agencies.
vii) The Emergency Communication Operator shall inform the watch
commander as soon as possible upon receipt of information about
events or activities that may be of media interest.
viii)The Watch Commander shall be responsible for ensuring that the
agency's PIO, Commander of Field Operations and Chief of Police are
informed of events that may be of media interest.
ix) Members of the Iowa City Police Department will be consistent in
releasing information to the media for public dissemination. A decision
to not release normally provided information shall not be solely based
on the personal prominence of those involved. Conversely,
information that is not routinely distributed shall not be put forth solely
as a result of the personal prominence of an involved party.
c) Non - investigative contact with the media is allowed and encouraged. Officers
may provide information of a general nature which is not specific to an on-
going investigation.
ADM -08.4
d) Investigative Information
From the initial stage of a criminal investigation until the completion of trial
or disposition without trial, police personnel should refer requests for
information to the Public Information Officer or his /her designee. Upon
receipt of the request for information the following guidelines shall be
adhered to:
Information that may be released in connection with an investigation of an
event or crime includes but is not limited to;
(1) the type or nature of an event or crime;
(2) the location, date and time, injuries sustained, dam6ies, and a
general description of how the incident occurred;
(3) type and quantity of property taken;
(4) information about the victim of a crime;
(5) requests for aid in locating evidence, a complainant o_r_a_
suspect; _
(6) numbers of officers or people involved in an event or,,,-"
investigation, and the length of the investigation; and
(7) name of the officer in charge of a case, his supervisor and
assignment. (exception: the name of any undercover officer will
not be released).
(8) In instances where the disclosure of the above information may
jeopardize an investigation, pose a danger to any person, or is
reasonably likely to result in further victimization, the
information will not be released
ii) Information that may not be released in connection with an
INVESTIGATION of an event or crime, unless authorized by the Chief
of Police or his /her designee includes but is not limited to;
(1) the identity of a suspect prior to arrest unless such information
would aid in apprehending the suspect or serve to warn the
public of potential danger;
(2) the identity of any victim of a crime or any related information
which, if divulged, could lead to the identification of victims or
witnesses, if such disclosure would jeopardize an investigation
to any significant degree, or if it would place any person in
personal danger;
(3) the identity of any critically injured or deceased person prior to
notification of the next of kin; if a next of kin is not reasonably
able to be located, the supervisor of the section conducting the
investigation shall determine the method of release of this
information;
(4) the results of any investigative procedure such as lineups,
polygraph tests, fingerprint comparison, ballistics test or other
procedures (the fact that these tests have been performed may
be revealed without further comment);
(5) information which, if prematurely released may jeopardize the
investigation or interfere with apprehension such as; the nature
of leads, specifics of an WO ", details of the crime known only to
ADM -08.5
the perpetrator and the police, or information that may cause
the suspect to flee or more effectively avoid apprehension;
(6) information that may be of evidentiary value in criminal
proceedings;
(7) specific cause of death unless officially determined by the
medical examiner; and
(8) the home address or telephone number of any member of the
department.
iii) Arrest Information
(1) Following arrest, issuance of an arrest warrant or filing of ar'
information or indictment, it is permissible to release -_
(a) the accused's name, age, residence, occupation and-
family status; - --
(b) the time and place of arrest, whether pursuit or'
resistance was encountered, whether weapons, were
used, charges placed against the suspect anct =_
description of contraband seized; >
(c) the identity of the arresting officers and the duration of
the investigation unless the officers are engaged in
undercover operations; and
(d) the amount of bond, scheduled court dates and place of
the suspect's detention.
(2) Following arrest and formal charging of a suspect, but prior to
adjudication, the following types of information should not be
released without the express permission of the Chief of Police
or his /her designee.
(a) Character or reputation of a defendant
(b) Existence or contents of any confession, admission or
statement of a defendant, or his /her failure or
unwillingness to make a statement (this does not
preclude the release of information that is in the public
domain)
(c) Performance or results of any tests, or a defendants
refusal or failure to submit to tests. (Le. polygraph or
voice stress analyzer)
(d) Identity, statement or expected testimony of any witness
(e) Any opinion about the guilt or innocence of a defendant
or the merits of the case
(f) Any opinion or knowledge of potential for a plea bargain
or other pretrial action.
e) Special Considerations - Criminal Matters
i) Whether a crime scene or scene of another nature, police have an
obligation to preserve the integrity of a scene to gather evidence and
for other needed police activities. Therefore, police personnel will
delineate the specific scene area and prevent all persons from
entering that area for such length of time as there is a need to do so.
It may be necessary for scene preservation purposes, and to control
ADM -08.6
general access to the area, to exclude the general public from not only
the scene itself, but from a reasonable area around the scene.
However, officers must recognize the need for news media
representatives to fulfill their obligation to view the immediate scene
area for news gathering or photographing purposes. The media
representatives will be accommodated, so far as conditions and
circumstances permit, to go as near as practicable to the scene itself .
News representatives are not to be considered the same as the
general public in the area of a scene but rather as persons to be
accommodated so that they may fulfill their task.
ii) The news media shall not be allowed access to any area or scene of
an incident or crime where there is possibility that evidence may be
damaged, altered, destroyed or otherwise prejudiced by its existence
being published or portrayed. Once evidence has been processed,
removed or otherwise secured by the department, the media may be
allowed to enter by permission of the commanding officer at the scene.
(1) If a police related incident is within a private building, police
personnel will secure and protect that part of the building as
may be necessary to protect the scene. Under such
circumstances all persons may be excluded from the scene until
processing is accomplished. If a request is made by a news
media representative to enter a building or part thereof, and
such entry is not precluded because of police related purposes,
the news representative must obtain permission from the owner
or other person in charge of the building or dwelling; if
permission is not given and so stated in the presence of police
personnel, officers have an obligation to ensure that the denial
is honored.
(2) Suspects or accused persons in custody shall not 6 posed or
arrangements made for photographs, telecasts orinterviews, -
nor shall departmental personnel pose with suspects or
accused persons in custody
(3) When an individual is charged with a criminal offense and /or is
sought by law enforcement authorities, photograo'. or mug
shots may be released to the media to help Aocate _,the
individual. No departmental photographs, mug st ois,
videotape, film or composites of subjects in custody shall
otherwise be released to the media unless authorized by the
Chief of Police or his /her designee.
iii) Departmental personnel shall extend every reasonable courtesy to
news media representatives at crime or incident scenes. Members of
the Iowa City Police Department shall not engage in 'off the record"
comments.
iv) At the scene of major crimes or incidents, such as hostage and
barricade situations, the officer in charge shall designate a preliminary
press area as early as reasonably possible and as close to the scene
as safety and operational requirements allow.
ADM -08.7
v) The fact that a suspected suicide has occurred may be reported to the
media, along with factual information describing how it happened. The
name, age, address, sex and occupation of the victim may also be
released following notification of next of kin. The fact that a suicide
note exists may also be acknowledged without further comment. The
content of such notes is personal and confidential and shall not be
released by the Iowa City Police Department.
f) Special Considerations - Non - criminal Matters
i) At the scene of significant accidents, man -made or natural
catastrophes, the principles of media cooperation shall be maintained
to the degree that they do not interfere with the mission of the police,
fire, medical or other emergency relief workers.
g) At fire related incidents, the decision to allow properly identified news media
representatives to pass beyond fire lines or to restrict them from a fire area,
will be the responsibility of the on -scene fire commander.
h) Sensitive information relating to internal investigation of police officers shall
not be released without the express permission of the Chief of Police or
his /her designee.
i) Daily activity reports will be made available on a routine basis to media
representatives. Statistical data may also be made available to the media.
Media representatives are expected to abide the Code of Ethics published by the
Society of Professional Journalists. In the event of a conflict between a member of the
Iowa City Police Department and the media, the parties involved are encouraged to
bring the concern to the PIO or his /her designee for resolution.
a) If a media representative wishes to speak with an individual officer the
request should be routed through the PIO or when unavailable the watch
supervisor. The watch supervisor will make the determination as to the
availability of the officer; however, to the extent possible these requests
should be made in advance. Officers are expected to cooperate with media
representatives to the extent of this policy.
b) All media questions relating to the policies of the Iowa City Police Department
should be directed to the Chief of Police or his /her designee. --If questions
arise when the Chief or his /her designee is not available, notification of the
request shall be forwarded by the watch supervisor.
t
Samuel Hargadin , hief o PoVQe
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
January 2008 ?; r'„ iR t 2 `'
Ofc # Date Inc # Incident Force Used
2008 -
20 01 -05 00683
Armed robbery Officer used hands -on control techniques & an
empty- handed strike to arrest & disarm a suspect
Fight
reaching for a knife.
25 01 -08 01380
Intoxicated Officer displayed sidearm while arresting an
to arrest a fleeing, combative person.
subject assault suspect reportedly armed with a brick.
25 01 -09 01559
Car v. deer Officer used sidearm to destroy an injured deer.
collision
44/45/ 01 -10 01730
Trespass Officers were dealing with a suicidal subject
52
armed with a knife. One officer displayed a
sidearm, another agency's officer responded &
arrest an intoxicated, non - compliant subject.
used a Taser, thereby allowing officers to use
Animal
hands -on control techniques to secure the
subject.
85/95/ 01 -12 01990
Burglary Officers were dealing with a barricaded, suicidal,
81/05/
& wanted subject. Patrol officers were
08/16/
supplemented with tactical team members.
18/29/
Perimeter officers & arrest teams displayed
34/46/
sidearms, a shotgun, & patrol rifles.
51
Additionally, each arrest team had an officer
from another agency armed with a Taser (less -
lethal option). Negotiators persuaded the
suspect to surrender himself.
20 01 -18 03101
Burglary Officer used hands -on control techniques to
apprehend & arrest a fleeing, resistive suspect.
29 01 -19 03314
Fight Officer used hands -on control techniques to
arrest a combative person.
11 01 -25 04320
Out with Officer used hands -on control techniques to
subject arrest a resistive subject.
(urination)
84 01 -25 04324
Fight
Officer used hands -on control techniques & OC
to arrest a fleeing, combative person.
05/08 01 -26 04563
Noise complaint
Officers used hands -on control techniques to
arrest & transport a resistive subject.
58 01 -27 04774
Fight
Officer used hands -on control techniques to
arrest an intoxicated, non - compliant subject.
45 01 -27 04865
Animal
Officer used sidearm to dispatch a sick raccoon.
complaint
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
February 2008
Ofc # Date Inc # Incident Ford Used'
,,
2008-
32/50 02 -01 11335 Fight Officers used hands -on control techniques & OC
to apprehend & arrest a fleeing, combative
person.
51 - -- - -- - -- Officer used hands -on control techniques to
control an intoxicated combatant's aggressive
behavior at UIHC.
22 02 -01 05900 ATL: hit & run, Officer used hands -on control techniques to
OWI control an aggressive prisoner.
33 02 -08 07224 ATL: assault Officer displayed patrol rifle while attempting to
locate a suspect that had nearly driven over a
plain - clothed officer. The suspect was known to
have anti- government beliefs & had a large,
unchained Rottweiler outside his residence.
16 02 -13 08231
Armed subject Following a foot pursuit, officer displayed
sidearm while arresting a subject reportedly
armed with a knife.
11/32/ 02 -17 01730
Traffic stop As an officer approached a vehicle that had
55
attempted to evade being stopped, the vehicle
sped off, striking an ambulance in the process.
Pursuing officers saw the driver apparently
reaching under the seat. An officer deployed
Stop Sticks (tire deflation device). Officers used
hands -on techniques to apprehend & arrest the
combative driver when he fled on foot.
38 02 -18 09187
Medical assist Officer used hands -on control techniques to
restrain a combative subject so that EMS
personnel could assess her medical needs.
20/59 02 -21 10033
Warrant service Officers used hands -on control techniques to
apprehend & arrest a fleeing, resistive suspect.
09 02 -23 10291
Fight Officer used hands -on control techniques & OC
to stop an assault & arrest the combatants.
88/45/ 02 -25 10853
Suicidal subject Officers displayed sidearms while interacting
48/57
with a suicidal subject that had threatened to
shoot himself.
08 02 -28 11335 Bar check While officer was issuing a PAULA charge, he
(robbery) was assaulted by two persons & his ticket book
taken. Officer used hands -on control techniques
to apprehend & arrest one of the fleeing,
combative suspects.
MEMORANDUM
TO: File
FROM: Captain Johnson, Field Operations
RE: Quartedy/Summary Report (15t qui er)- IAIR/PCRB, 2008
DATE: April 7, 2008
Attached you will find the 2008 Quarterly Report, (1 st Quarter) , for the Iowa City Police
Department Internal Affairs/Police Citizen's Review Board investigative file.
cc: PCRB
Chief Hargadine
I.A.I. #:07 -09
PCRB M 07 -01
Incident Date:09 -25 -07
Incident Time: 8:01 PM
Location: 2401 Hwy 6 East
Date Assigned: 12 -6 -07
Allegation:
1) Improper Conduct
Disposition:
1) Not sustained
I.A.I. #:08 -01
PCRB M 08 -01
Incident Date: 11-26-07
Incident Time: 1:20PM
Location: 200 Iowa Avenue
Date Assigned: 3 -5 -08
Allegation:
1) Unlawful arrest
2) Improper use of force
3) Improper conduct
Disposition:
Pending
I.A.I. #:08 -02
PCRB M 08 -02
Incident Date:01- 14,15 -08
Incident Time: 4:35PM
Location: 2100 Davis
Date Assigned: 3 -5 -08
Allegation:
1) Harassment
Disposition:
1 Pending
I.A.I. #:08 -03
PCRB M 08 -03
Incident Date:02 -25 -08
Incident Time: unk.
Location: 2100 Davis
Date Assigned: 3 -5 -08
Allegation:
1) Harassment
Disposition:
1) Pending
I.A.I. #:08 -04
PCRB M none
Incident Date:03 -02 -08
Incident Time:1:45PM
Location: 500 Wk. East Jefferson
Date Assigned: 3 -11 -08
Allegation:
1) Improper action
2) Violate rules /regulations _
Disposition: CO
Pending
" "�
"__.
I.A.I. #:08 -05
PCRB M none
Incident Date: 3 -4 -08
Incident Time:
Location: ICPD
Date Assigned: 3 -11 -08
Allegation:
1) Violate rules /regulations
Disposition:
1) Sustained
� �` ✓p�� "� °IT�f�li
DEPARTMENT MEMO 08 1,
�VRJp'_
TO:
FROM
REF:
DATE;
Chief Hargadine
Captain T.D.Widmer
January - February Use of Force Report Review
April 24, 2008
The "Use of Force Review Committee" met on April 24, 2008. It was composed of Captain
Widmer, Sgt. Lord and Sgt. Kelsay.
The review of submitted reports for January (12 incidents -15 reports) and February (10
incidents -15 reports) revealed no training, policy or safety issues. Of the 22 incidents, 3 were for
a drawn sidearm (building search or felony stop), 2 were for destroying an injured animal and 2
involved a Taser deployment by another agency in assisting the Iowa City Police Department..
Supervisors continue 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
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May 13, 2008 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #08 -01
Filed: 02/22/08
Chief's Report due (90days): 05/22/08
Chief's Report filed:
------------------------------------------------------------------------------------
PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08
PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08
PCRB Report due (45days): ? ?/ ? ?/08
PCRB Complaint #08 -02
Filed: 02/26/08
Chief's Report due (90days): 05/26/08
Chief's Report filed:
------------------------------------------------------------------------------------
PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08
PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08
PCRB Report due (45days): ? ?/ ? ?/08
------------------------------------------------------------------------------ - - - - --
PCRB Complaint #08 -03
Filed: 02/29/08
Chief's Report due (90days): 05/29/08
Chief's Report filed: 03/19/08
PCRB Mtg #1 (Review) 04/09/08
PCRB Mtg #2 (Review & Assign) 05/13/08
PCRB Mtg #3 (Review Draft Report) 06/10/08
PCRB Report due (45days): 05/05/08
60 -day Extension: 07/07/08
May 13, 2008 Mtg Packet
PCRB Complaint #08 -04
Filed: 05/01/08
Chief's Report due (90days): 07/30/08
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
May 13, 2008
June 10, 2008
July 8, 2008
August 12, 2008
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
April 2008
Date Description
4 -15 Mailed complaint form.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -1826
(319) 356 -5041
April 8, 2008
_
._0
To: City Council
Complainant
Dale Helling, Interim City Manager
{_
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Sam Hargadine, Chief of Police
_
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Officer(s) involved in complaint
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From: Police Citizen's Review Board
Re: Investigation of PCRB Complaint #07 -01
This is the Report of the Police Citizens Review Board's (the "Board ") review of the
investigation of Complaint PCRB #07 -01 (the "Complaint ").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -7B (2), the Board's job is to review the
Police Chiefs Report ( "Report") of his investigation of a complaint. The City Code requires the
Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the
Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City
Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that
the Police Chief reverse or modify his findings only if these findings are "unsupported by
substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police
Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on December 4, 2007. As required by
Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for
investigation.
The Chief s Report was due on March 3, 2008, and was filed with the City Clerk on March 3, 2008.
The Board met to consider the Chiefs Report on March 11 and April 8, 2008. The Board voted to
review the Chiefs Report in accordance with Section 8 -8 -7 (B) (1) (a), "on the record with no
additional investigation."
FINDINGS OF FACT
During an investigation of a shooting which resulted in physical injury, police officers, while
attempting to locate suspects, sought permission to search a residence in the area. An adult male
answered the door at the residence and upon identification by the officers of their status, stated that
he lived at the residence with his children, and he gave the officers permission to search the
residence.
The Complaint was not filed by the adult male mentioned above, but by an adult female who was
not present during the search. The Complainant states that officers searched her residence without
her consent and harassed the father of her children. The second allegation is that the officers, after
the search, proceeded to her place of employment and threatened to revoke her Section 8 Housing
Assistance.
The Chiefs Report contained summarization of three allegations, but the Board agreed to collapse
the second and third allegations into one. The third allegation asserted that an officer sent e-mail
correspondence offering assistance at the housing termination hearing.
CONCLUSIONS
After reviewing the Complaint and the Chiefs Report, the Board concluded that the allegations
were not substantiated. Sufficient evidence was presented in the Chiefs Report to conclude that the
adult male had residence status at the apartment, and therefore had legal right to give officers
permission to search.
.._3
1. adult male's name on 2 police arrest dockets giving his address as this
residence.
2. all persons agree that adult male is father of children at residence. ` !I
3. adult male's driver's license gives this residence as his address.
4. adult male gave this residence as his address on two applications with Iowa"T i
Workforce Development. 7-� = �_
5. Post Office reports that adult male gets mail at the address of the residency' `•
6. adult male's clothing was found in the residence.
7. School District shows this residence address for adult male as the responsible person
for the children, and has addressed mail to him there.
2
Sufficient evidence also was presented to indicate that the process of terminating the Complainant's
Section 8 Housing Assistance was already in progress and any actions by the officers were
tangential to such action.
1. Landlord notified Complainant of unauthorized occupant living at the residence.
2. Hearing before the Director of Housing and Inspection Services resulted in
termination of Complainant's participation in the Section 8 rental assistance
program. Fifteen points were listed in the hearing evidence, only one of which
concerned the search in question.
Allegation # 1 - Unauthorized search of residence, and harassment of children's father -
NOT SUSTAINED.
Allegation # 2 - Threatening revocation of Section 8 rental assistance program, and assistance
of a police officer in those proceedings - NOT SUSTAINED.
3
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POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
April 9, 2008
Mayor Regenia Bailey
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the April 8, 2008 meeting, the PCRB voted in open session to request a 60 -day extension
regarding the reporting deadline for the Public Report according to the City Code for PCRB
Complaint #08 -03 for the following reasons:
• Due to timelines, scheduling and absence of legal counsel.
• Public Report presently due May 5, 2008
60 -day Extension request — Report would be due on July 7, 2008
The Board appreciates your prompt consideration of this matter.
Sincerely,
Elizabeth Engel, Vice -Chair
Police Citizens Review Board
cc: City Attorney
0 -/ 5 113
J
Please join us in welcoming
new City Manager
Michael Lombardo
to Iowa City
Thursday, .Tune 5th
4:00 p.m. -6:30 p.m.
City Hall
410 E. Washington St.