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HomeMy WebLinkAbout05-26-2009 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD May 26, 2009 — 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 03/10/09 • ICPD General Order 98 -01 (Written Directive System) • ICPD General Order 99 -03 (Prisoner Transport) • ICPD General Order 99 -04 (Canine Operations) • ICPD General Order 00 -03 (Less Lethal Impact Munitions) • ICPD General Order 01 -01 (Search and Seizure) • ICPD SOG #09 -01 (Vehicle Crash Review) • ICPD Quarterly / Summary Report (Quarter 1) — IAIR /PCRB, 2009 • ICPD P.A.U.L.A. Report — March 2009 ITEM NO. 3 OLD BUSINESS 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 MEETING SCHEDULE and FUTURE AGENDAS • June 9, 2009, 5:30 P.M., Lobby Conference Room • July 14, 2009, 5:30 P.M., Lobby Conference Room • August 11, 2009,5:30 P.M., Lobby Conference Room • September 8, 2009, 5:30 P.M., Lobby Conference Room ITEM NO.10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: May 22, 2009 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on May 26, 2009 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 05/26/09 • Minutes of the meeting on 03/10/09 • ICPD General Order 98 -01 (Written Directive System) • ICPD General Order 99 -03 (Prisoner Transport) • ICPD General Order 99 -04 (Canine Operations) • ICPD General Order 00 -03 (Less Lethal Impact Munitions) • ICPD General Order 01 -01 (Search and Seizure) • ICPD SOG #09 -01 (Vehicle Crash Review) • ICPD Quarterly / Summary Report (Quarter 1) — IAIR /PCRB, 2009 • ICPD P.A.U.L.A. Report — March 2009 • Complaint Deadlines • PCRB Office Contacts — March 2009 • PCRB Office Contacts — April 2009 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 —March 10, 2009 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:33 p.m. MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth, Abbie Yoder MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss, Officer David Schwindt, and Officer Mike Smithey (late arrival) of the ICPD; public, Caroline Dieterle; and Uofl Journalism Students, Tim Hau, Ashley Kating, and Erin Phillips RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #08 -09 CONSENT CALENDAR Motion by King and seconded by Braverman to adopt the consent calendar as presented or amended. • Minutes of the meeting on 02/10/09 • ICPD General Order 07 -01 (Patrol Rifle) • ICPD Department Memo #09 -08 (December 2008 Use of Force Review) Motion carried, 5/0 King pointed out that for General Order 07 -01 (Patrol Rifle), section V. Procedures, number 2, letter (c) should have an "or" at the end since it carries over to letter (d). It was also noted that (b), (c), and (d) should also refer back to the suspect mentioned in (a). OLD BUSINESS Complaint Form Update regarding Officer Bill of Rights — Pugh reported to the Board that she had drafted some language referring to the Officer Bill of Rights for the PCRB Complaint form. There was discussion which amended the last sentence of the second paragraph which changed "may apply" to "applies ". There was also discussion regarding the signature having to be notarized. The Board agreed that the current language on the form regarding the statements on the complaint to be true to the best of their knowledge was sufficient and did not want the complainant's signature to have to be notarized. (Wyss and Schwindt exited for emergency 5:42pm- 5:48pm) Complaint Registry /Monitoring System — Larson reported that he had spoken with the Police Chief regarding his concerns and also to the City Manager. In reviewing City Code Chapter 8 the following sections made some type of reference to either a reporting or monitoring system, or a central registry: 8- 8 -2(B), 8- 8- 2(D)(1), 8- 8 -2(N), and 8- 8- 7(C)(1). Larson pointed out that he could not find a reference to tracking sustained allegations /complaints. The Board discussed citizen interest during the public forum in having the PCRB tracking officers with multiple sustained complaints, ways to increase the information on the annual report that goes to the City Council, the incomplete information if the Board were to compile a sustained allegation report which would not include complaints directly to the Police Department and the usefulness of an incomplete report. OEM March 10, 2009 Page 2 Motion by Yoder, seconded by King not to keep a complaint registry/monitoring system for sustained complaints naming police officers or any other way identifying them. Motion carried, 3/1, Braverman voting no, Larson abstaining. Changes to the Standard Operating Guidelines — Tuttle had drafted the proposed changes to the Standard Operating Guidelines, Section V (Identification of Officers), letter A. The changes removed the unique officer identifier and changed it to an alpha identifier which would be used over and over again to guard against officer identification. Braverman proposed, in light of the Board's decision to discontinue the proposed sustained allegation report, a change in the SOP's was not necessary. The Board would continue their reporting as before and the Police Department would continue with the use of a unique identifier. It was suggested that if PD wanted to change the unique identifier that it should do so, but still be able to track it back to the original one. Motion by Braverman, seconded by Yoder not to change the Standard Operating Procedures. Motion carried, 4/1, Roth voting no. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by King and seconded by Braverman to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. March 10, 2009 Page 3 Open session adjourned at 7:04 P.M. REGULAR SESSION Returned to open session at 7:35 P.M. Motion by King, seconded by Braverman to forward the Public Report as amended for PCRB Complaint #08 -09 to City Council. Motion carried, 5/0. Motion by King, seconded by Roth to cancel the April meeting due to lack of Board business. Motion carried, 5/0. Motion by King, seconded by Roth to reschedule the May 12th meeting to May 26th due to timelines and scheduling. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 14, 2009, 5:30 PM, Lobby Conference Rm (CANCELLED) • May 12, 2009, 5:30 PM, Lobby Conference Rm (Rescheduled to May 26) • May 26, 2009, 5:30 PM, Lobby Conference Rm • June 9, 2009, 5:30 PM, Lobby Conference Rm • July 14, 2009, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder. Motion carried, 5/0. Meeting adjourned at 7:41 P.M. zz��b r c� y r CD y> d or n 0 b 0 r r y z c r� 0 Ili �n oc �m� o oby� w 0 y r CD y> d or n 0 b 0 r r y z c r� 0 Ili �n POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 March 10, 2009 To: City Council Complainant Michael Lombardo, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint 408 -09 wry r- _J , :3 -',C) Z5 iv This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #08 -09 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -713 (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 s i The Complaint was received at the Office of the City Clerk on October 10, 2008. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on January 8, 2009, and was filed with the City Clerk on January 05, 2009. The Board met to consider the Chiefs Report on February 10, 2009 and March 10, 2009. 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." O r r • l�� O :'7 ALLEGATIONS r Y N This complaint arises out of an incident that occurred on July 12, 2008, in conjunction with an intoxicated minor female. The Complainant was arrested at the scene for Interference with Official Acts. Complainant alleged that: 1. Complainant had to yell at Officer A to get him to assist in holding the girl. 2. The officers did not get a blanket to cover the half -naked girl in spite of Complainant's repeated request for one. 3. Neither Officer A nor Officer B assessed the situation, asked any questions about what was going on or used a flashlight to be able to see what was going on. 4. The officers prevented critical care of the girl by putting her flat on her back, handcuffing her and arresting the Complainant. 5. The officers used excessive force by handcuffing the girl and treating her roughly. 6. The officers used excessive force by yanking the Complainant's left arm and pointing a Taser at his face. 7. Officer A lied in his ICPD report in saying the Complainant was antagonistic towards the Officers, that Complainant was trying to start a fight or balling his fists, and that Complainant called Officer A a sorry son -of -a- bitch. 8. Officer A used bad judgment in moving the patrol car out into the roadway while his Complainant's wife was standing near the open door. FINDINGS OF FACT On July 12, 2008, at approximately 11:52 p.m., Iowa City police officers were dispatched to the scene of the incident in regard to four people carrying an intoxicated female. Several officers responded including Officer A, Officer B, and Officer C. Upon arrival Officer C observed a young female located on a hill in the front yard of a house. The female was naked from the waist down. At this time there was an older male kneeling next to the girl and bending over her. The female was yelling and screaming. The male kneeling by the female told Officer C that he was a doctor and was later identified as the Complainant. Officer C approached the hysterical female and the Complainant. The Complainant was trying to hold the female on the ground. Officer C was advised that several other persons were with the female. Officers A and B then arrived and were advised by Officer C to attend to the female. Officer C then spoke with two females that were with the female. They indicated that several males had carried the female to her current location. They also indicated their friend was drunk and out of control. They advised Officer C that the female had crawled out of a car window and had removed her skirt on her own. Officer C then took the other females to locate the house were the party was. Officer A and the Complainant attempted to control the female. Officer A and the Complainant conflicted over their individual concerns for the female's welfare and personal safety of the officers. The Complainant wanted the female held on her side in case she vomited and wanted a blanket to cover her. As Officer B was assessing the situation, the female attempted to bite his arm. Officer B brought out handcuffs to control the female. The Complainant told Officer B not to handcuff the female. Officer B attempted to handcuff the female and the Complainant tried to get between Officer B and the female to prevent the handcuffing. Officer A, Officer B, and the Complainant were in close physical proximity to each other. Officer B picked up the female and carried her to the sidewalk where she was handcuffed. The Complainant had made physical contact with Officer A and Officer A pushed the Complainant away from him. Officer C had heard the conflict as the Complainant yelled demands on how he wanted the female cared for and Officer A commanded the Complainant to not interfere Officer C, who had come back to the location of Officers A; B, and the Complainant, stepped in to help prevent the Complainant from interfering. The Complainant told Officer C he was a doctor and Officer C advised him that an ambulance had been called. The Complainant called Officer C a "fucking idiot" and questions "are you a fucking idiot ?" Officer C asked Officer A if Officer A wanted the Complainant arrested and Officer A replies in the affirmative. Officer C told the Complainant he was under arrest. Officer C attempted to take physical custody of the Complainant and told him to put his hands behind his back. The Complainant ignored several commands to put his hands behind his back. He physically resisted the arrest which caused Officer C to request assistance from Officer A. Officer A assisted Officer C and this left Officer B alone with the hysterical female. Due to the physical resistance by the Complainant, Officer C decided to disengage physically from him and deploy a Taser. Officer C again repeatedly requested the Complainant to place his hands behind his back. The Complainant told the officers he had a bad shoulder and he did not want to get injured. Officer C told him not to resist. The Complainant was then handcuffed and taken to a squad car by Officer A. After the female had been moved to the sidewalk and had been handcuffed, she settled down and was covered by a blanket provided by a neighbor. Officer D and the ambulance arrived on scene simultaneously. The paramedics requested Officer B go to the hospital with them and to keep the female handcuffed. At the hospital the female attempted to bite Officer B and the emergency room staff requested she remain handcuffed. One of the emergency room doctors ordered sedation of the female so she could be treated. O w ± IN y N v Officer A and the Complainant attempted to control the female. Officer A and the Complainant conflicted over their individual concerns for the female's welfare and personal safety of the officers. The Complainant wanted the female held on her side in case she vomited and wanted a blanket to cover her. As Officer B was assessing the situation, the female attempted to bite his arm. Officer B brought out handcuffs to control the female. The Complainant told Officer B not to handcuff the female. Officer B attempted to handcuff the female and the Complainant tried to get between Officer B and the female to prevent the handcuffing. Officer A, Officer B, and the Complainant were in close physical proximity to each other. Officer B picked up the female and carried her to the sidewalk where she was handcuffed. The Complainant had made physical contact with Officer A and Officer A pushed the Complainant away from him. Officer C had heard the conflict as the Complainant yelled demands on how he wanted the female cared for and Officer A commanded the Complainant to not interfere Officer C, who had come back to the location of Officers A; B, and the Complainant, stepped in to help prevent the Complainant from interfering. The Complainant told Officer C he was a doctor and Officer C advised him that an ambulance had been called. The Complainant called Officer C a "fucking idiot" and questions "are you a fucking idiot ?" Officer C asked Officer A if Officer A wanted the Complainant arrested and Officer A replies in the affirmative. Officer C told the Complainant he was under arrest. Officer C attempted to take physical custody of the Complainant and told him to put his hands behind his back. The Complainant ignored several commands to put his hands behind his back. He physically resisted the arrest which caused Officer C to request assistance from Officer A. Officer A assisted Officer C and this left Officer B alone with the hysterical female. Due to the physical resistance by the Complainant, Officer C decided to disengage physically from him and deploy a Taser. Officer C again repeatedly requested the Complainant to place his hands behind his back. The Complainant told the officers he had a bad shoulder and he did not want to get injured. Officer C told him not to resist. The Complainant was then handcuffed and taken to a squad car by Officer A. After the female had been moved to the sidewalk and had been handcuffed, she settled down and was covered by a blanket provided by a neighbor. Officer D and the ambulance arrived on scene simultaneously. The paramedics requested Officer B go to the hospital with them and to keep the female handcuffed. At the hospital the female attempted to bite Officer B and the emergency room staff requested she remain handcuffed. One of the emergency room doctors ordered sedation of the female so she could be treated. 0 ♦ `i Tfo Y t •a �; � 4 ;y> V After the Complainant was handcuffed and placed in the back of Officer A's squad car, OffiWr E took the Complainants' spouse, to the back door of the squad car. She was allowed to talk with the Complainant through the open back door. Officer A did not know the back door was open and began to pull away. Officer C tapped on the left front hood to indicate Officer A should stop. Officer A stopped the car after traveling two or three feet. The door was then closed and Officer A transported the Complainant to jail. The Board reviewed the Police Chief's Report, which contained a transcript of audio from in -squad cameras; a number of statements from witnesses including the Complainants' spouse, and communications between the Johnson County Attorney and the Complainants' attorney. CONCLUSIONS Allegation #1: Complainant had to yell at Officer A to get him to assist in holding the girl. In car audio transcripts showed the Complainant. requested assistance from Officer B, not Officer A. The request is made one time in a normal voice and Officer B assisted the Complainant upon request. - NOT SUSTAINED Allegation #2 - The officers did not get a blanket to cover the half -naked girl in spite of the Complainant's repeated request for one. In car audio transcripts from two squad cars indicate the Complainant requested a blanket on one occasion and it is believed it was made to someone other than one of the officers. Given the volatile nature of the situation it was not possible to cover the female until both the female and the Complainant were under control. When the female was removed from where the Complainant was and was handcuffed,. she settled down and was then covered. NOT SUSTAINED Allegation 43 - Neither Officer A nor Officer B assessed the situation, asked any questions about what was going on or used a flashlight to be able to see what was going on. The Complainant was the only individual who claimed lighting of the situation was required for an accurate assessment of the situation. A witness stated he thought a flashlight would not be needed. The Complainant stated he had a pen light from a neighbor. -..s 0 r�J n r ;: Officer B had several communications with the female to assess her condil*bn. Bolden Officer B's arrival and when the female first attempted to bite him was 2.5 minutes. The questions asked by Officer B were similar to that of the Complainants' and Officer B gave a complete overview of the situation to Officer A upon his arrival. NOT SUSTAINED Allegation #4 - The officers prevented critical care of the girl by putting her flat on her back, handcuffing her and arresting the Complainant. Due to the combative nature of the female, and subsequently the Complainant, the officers did not have a choice as to leaving the female on her side. Both officers at the scene are trained in dealing with intoxicated people and obstructed airways, and were both present with the female. The female was placed on her back in the ambulance and in the emergency room. She was also restrained both on the cot in the ambulance and on the gurney at the hospital by request of medical staff. This indicated that laying her on her back was not against medical procedure and did not prevent critical care as alleged by the Complainant. NOT SUSTAINED Allegation #5 - The officers used excessive force by handcuffing the girl and treating her roughly. - Upon arrival the officers were presented with an unknown situation that required they act to ensure the safety of the female. - The Complainant requested the officers assist him in restraining the female. When the female attempted to bite Officer B it was decide& to handcuff the female to assist in restraining her and for the safety of the Complainant and the officers. - The female was not treated roughly in the handcuffing process and settled down when she was removed from the proximity of the Complainant and Officer A. Officer B was able to get her hands behind her back and handcuff her without more force. - NOT SUSTAINED Allegation #6 - The officers used excessive force by yanking the Complainant's left arm and pointing a Taser at his face. The Complainant was told he was under arrest and to put his hands behind his back several times. He refused and stiffened his arms and balled his fists. He later claimed he stiffened and did not cooperate because he did not want his shoulder injured. The Complainant stated the officers did not use force once he relaxed his arms. Officer C decided to deploy a Taser instead of physically struggle with the Complainant. This level of force was appropriate since the Complainant was physically combative and had aggressively closed on the officer earlier. When Officer C brought out the Taser, he again repeatedly requested the Complainant to put his hands behind his back and the Complainant eventually complied. NOT SUSTAINED Allegation #7 - Officer A lied in his ICPD report in saying the Complainant was antagonistic towards Officers, was trying to start a fight or balling his fists, and called Officer A "a sorry son -of -a- bitch." - In squad car audio transcripts indicate officers inform the Complainant that he cannot push officers and to unclench his fists. - Officer A's report states: "You can't push me you sorry son -of -a- bitch, I'm a doctor." This statement was not located on any squad car audio transcripts. The Complainant can be heard saying "You can't push a doctor for that matter." - It is believed that the words may have been said but .should not have been in quotation marks. - NOT SUSTAINED Allegation #8 - Officer A used bad judgment in moving the patrol car out into the roadway while the Complainant's spouse was standing near the open door. - In squad car audio transcripts confirmed the car was moved by Officer A while the Complainant's spouse and Officer E were in the open back doorway area. - Officer C tapped on the hood to get Officer A's attention so the car would be stopped. The movement of a car was in the control of the Officer operating the squad car and even though this movement may have been accidental and caused no physical injury, it is a safety issue that needs to be addressed by the Iowa City Police Department. - SUSTAINED BOARD COMMENTS None r. ) Q -CD �s 00 TO: FROM: RE: DATE: MEMORANDUM File Captain Johnson, Field Operations %! arterl /Summary Report (Quarter 1)- IAIR/PCRB, 2009 April 6, 2009 Attached you will find the 2009 Quarterly Report, (quarter 1), for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine +C cr > N v I.A.I. #:08 -12 PCRB #: 08 -08 Incident Date: 7 -2 -08 Incident Time: 4:15PM Location: Pedestrian Mall Date Assigned: 7 -22 -08 Allegation: Allegation: 1) Improper conduct Disposition: 1) Not sustained I.A.I. #:08 -16 PCRB #:08 -09 Incident Date: 07 -13 -08 Incident Time: 12:30AM Location: 1100 East Court St Date Assigned: 10 -20 -08 Allegation: Allegation: 1) Improper action 2) Improper conduct 3) Improper use of force Disposition: 1) Not sustained, in part; Sustained, in part 2) Not sustained 3) Not sustained I.A.I. #:08 -20 PCRB#: none Incident Date: 12 -19 -08 Incident Time: 2:00 PM Location: ICPD Date Assigned: 12 -30 -08 Allegation: Allegation: 1. Violate Rules /Regulations Disposition: Disposition: 1. Sustained, in art; Not sustained, in part I.A.I. #:09 -01 PCRB#: none Incident Date: 12 -3 -09 Incident Time: 3:00 PM Location: ICPD Date Assigned: 1 -26 -09 Allegation: 1. Violate Rules /Regulations Disposition: 1. Sustained I.A.I. #:09 -02 PCRB#: 09 -01 Incident Date: 2 -10 -09 Incident Timer various Location: Other Date Assigned: 02 -19 -09 Allegation: 1. Improper conduct Disposition: 1. Pending E5 v ry v I°il Iowa City Police Department P.A.U.L.A. Report - March 2009 (Possession of Alcohol Under Legal Age) - -'1K Business Name [occupancy] Monthly Totals Year -to -Date Totals In A U' it= ]CiWJ (occupancy loads updated Oct '08) visits arrests visits arrests ear -to -date) 808 Restaurant & Nightclub [176] 4 3 13 15 1.154 Airliner [223] 5 0 15 10 0.667 American Legion [140] 1 0 3 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] 4 0 5 0 0.000 Blackstone [297] Bluebird Diner [82] Bob's Your Uncle [260'] Bo -James [200] 3 0 12 0 0.000 Bread Garden Market & Bakery [ ?] [It's] Brothers Bar & Grill [556] 10 2 30 9 0.300 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] 1 0 2 0 0.000 Cafe Z [56] Caliente Night Club [ ?] (opened MAR) 4 0 4 0 0.000 Carl & Ernie's Pub & Grill [92] 3 0 4 0 0.000 Carlos O'Kelly's [299] Chipotle Mexican Grill [119] [The] Club Car [56] 1 0 3 0 0.000 Club Furia [280] 3 0 11 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern [87] 1 0 2 0 0.000 David's Place (aka Dawit's) [73] 2 0 3 0 0.000 DC's [120] 5 0 14 3 0.214 [The] Deadwood [218] 2 0 6 0 0.000 Devotay [45] Donnell 's Pub [49 ] 3 0 6 0 0.000 [The] Dublin Underground [57] 4 0 5 0 0.000 [Fraternal Order of] Eagle's [315] 2 0 2 0 0.000 El Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] El Ranchero Mexican Restaurant [161] Englert Theatre 838] Etc [178] 5 6 22 39 1.773 Fiesta Mexico (aka Farras) [200] 5 0 5 0 0.000 [The] Field House (aka Third Base) [420] 10 16 27 38 1.407 Firewater [114] 1 1 2 1 0.500 Formosa Asian Cuisine [149] 1 1 1 1 1.000 George's Buffet [75] 2 0 3 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze [49] 1 0 3 0 0.000 Grizzly's South Side Pub [265] 4 0 6 0 0.000 Guido's Deli [20] Hawkeye Hideaway [94] 3 0 3 0 0.000 [The] Hilltop Lounge [90] 1 0 5 0 0.000 IC Ugly's [72] 2 0 5 0 0.000 India Cafe [100] [The] Industry [436] 5 0 7 0 0.000 Jimmy Jack's Rib Shack [71] 3 0 0.000 Joe's Place [281] 5 0 7 0 0.000 Joseph's Steak House [226] Kamodo Klub [144] 3 1 5 1 0.200 Kandy Land [120] 1 0 4 0 0.000 Karaoke La Reyna [78] "y3 y � La Casa [300] 71 F-F La Re na [49] t a 1 0 0.000 Linn Street Caf6 [80] Los Cocos [99] 11 0 38 0 0.000 Los Portales [161] Martini's [200] 2 0 7 0 0.000 Masala [46] Mekong Restaurant [89] Micky's [98] 2 0 5 0 0.000 [The] Mill Restaurant [325] 2 0 2 0 0.000 [Loyal Order of] Moose [476] Monica's Italian Bistro & Pizzeria [160] [Sheraton] Morgan's [231] 2 0 3 0 0.000 Motley Cow Cafe 82] Okoboji Grill [222] Old Capitol Brew Works [294] 1 0 2 0 0.000 One -Eyed Jake's [299] 4 6 14 18 1.286 One - Twenty -Six [105] Oyama Sushi Japanese Restaurant [87] Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Lounge [65] 3 0 7 0 0.000 [The] Picador [261] 5 0 5 0 0.000 Pints [180] 11 5 17 5 0.294 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn /Highlander [971] Quinton's Bar & Deli [149] 3 0 4 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] 2 0 2 0 0.000 Riverside Theatre [118] Saloon [120] 4 0 6 1 0.167 Sam's Pizza [174] 2 0 2 0 0.000 [The] Sanctuary Restaurant [132] 2 0 2 0 0.000 Shakespeare's [90] 3 0 4 0 0.000 Short's Burger & Shine [56] 2 0 6 0 0.000 Sports Column [400] 6 17 22 50 2.273 Studio 13 [206] 4 0 6 0 0.000 [The] Summit [736] 4 10 26 47 1.808 Sushi Popo [84] Takanami Restaurant [148] TCB [250] 10 0 17 0 0.000 Thai Flavors [60] Thai Spice [91] T. Spoons [102] Union Bar [854] 7 5 21 22 1.048 VFW Post #3949 [197] [The] Vine Tavern [170] 2 0 3 0 0.000 Vito's [320] 4 2 9 2 0.222 Wig & Pen Pizza Pub [154] 1 0 2 0 0.000 [Iowa City] Yacht Club [206] 3 0 6 0 0.000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 209 75 487 262 0.538 Other PAULA at non - business locations: 3 24 PAULA Totals: 78 286 *includes outdoor seating area current month year -to -date 0 "y3 y � ' 71 F-F . t a l"1-_ {{ *1wG p� _x co ADM -01.1 C�� o I 0 d&' WRITTEN DIRECTIVE C'0 aL SYSTEM Date of Issue General Order Number March 17, 1998 198-01 Effective Date Section Code March 28, 2009 ADM -01 Reevaluation Date Amends / Cancels March 2012 197-01 ADM -01 C.A.L. E. A. Reference 12.1.1 - 12.2.2 1 61.2.3, 33.4.4, 33.5.1, 33.7.1 INDEX AS: Department Publications Directives, Written General Orders 0 Official Department Publications - -; v ED Orders, Written ` rn t _ ED Policy and Operating Procedures Manual Publications, Department D' ` `' Written Directives v 1. PURPOSE The purpose of this order is to explain the written directive system, establish definitions, formats, and authority for preparation and issuance of written Departmental publications for distribution and updating of General Orders and other written directives, and give reasonable guidelines to Police personnel to follow in the discharge of their duties. The Policy and Operating Procedures Manual will be arranged into numbered sections containing related subject matter. This order also establishes responsibility for maintaining, reprinting and inspection of the manual. ADM -01.2 II. POLICY The efficient and effective performance of a municipal law enforcement agency is directly related to the extent to which information given its officers is accurate and up -to- date. This order is intended to serve as a catalyst as to how Department policies should be put to practical use, and as a guide for police personnel in the performance of their major Department functions. The written directives system must encompass a range of publications from permanent to temporary, and from mandatory instructions to informational memoranda. The Department will strive to minimize the number and complexity of publications, while providing essential information and direction toward common organizational objectives. The following general guidelines will be followed in the development of written Department publications: • Publications shall not conflict with established rules, regulations, or policies of the Department; or, with local, state, or federal law. • All publications will be stated in precise and positive terms with grammatical accuracy and simplified language. • When applicable, cross - reference will be made to other related and published documents. Publications that cancel or supersede other publications will reference the affected document. It shall be Department policy that proposed general orders or revisions to rules and regulations be reviewed by staff members prior to issuance. The review process will vary with the content of the order but will generally involve supervisors and personnel affected by the order. In the absence of the Chief of Police, the Commander of the Field Operations Division assumes command of the department and operates with the authority of the office of the Chief of Police. If the Commander of Field Operations is not available during the absence of the Chief of Police, the Commander of the Administrative Services Division assumes command. After the Division Commander, the Commander of the Criminal Investigations Unit assumes department command. III. TYPES OF DEPARTMENT PUBLICATIONS > =? T7 A. Department publications will be restricted to the following: "', f"'°' M M 1. General Orders o %c 2. Special Orders oa 3. Personnel Orders a — 4. Department Memoranda ° 5. Bulletins ADM -01.3 B. Division commanders are authorized to issue divisional memoranda only. Divisional memoranda are restricted to information or direction which affects only assigned personnel and internal operations of the division. Memoranda must conform to policies and procedures established in Department directives. C. Section commanders and supervisors may issue memoranda pertaining to operating procedures, practices, work assignments, and the internal direction and functioning of the section. Memoranda must conform to policies and procedures established in Department or division directives. D. No official publications, other than provided for in this order, are authorized in the Iowa City Police Department. IV. DEFINITIONS A. General Orders. (See Appendix A) Issued to establish or revise policies, or to direct the use of specific procedures for the indefinite future. General Orders will be issued for: 1. Institution of permanent procedures, and policies and manuals related thereto; 2. Permanent changes in organization; 3. Installation of permanent programs affecting more than one section; 4. Permanent personnel policies and procedures, not including changes in personnel status; 5. Use of police facilities and equipment; and expenditure of funds; and 6. Relationships with citizens and other agencies. B. Special Orders. (See Appendix B) Issued to announce policieer specific procedures concerning a circumstance or event of a om�time nt temporary nature. Examples: ' �; '"I 1. Assignment to specific parade duty; . M. 2. Selective patrol assignments; 0 D 3. Temporary parking restrictions; 4. Annual budget preparation instructions and deadlines. C ADM -01.4 Personnel Orders. Issued to direct a personnel status change, including: 1. Appointment and assignment of new personnel; 2. Promotion or demotion; > _. n 3. Transfer between Department units; = i 0 ..' v rn 4. Suspension, dismissal or restoration to duty; o 7u CO 5. Termination of personnel; cr 6. Appointment to specialized Department duty assignment; 7. Temporary duty assignment with another agency; and 8. Extended leave of absence. D. Memoranda. (See Appendix B) Issued to disseminate information, instructional material or data of general interest to Department personnel. Memoranda may include: 1. Announcement of Department, city or community civic or social events; 2. Information on actions, policies and events in other agencies; 3. Instructions and information concerning academic or instructional programs of general interest; and 4. Explanation or clarifications of previously issued orders. Section Supervisors may issue memoranda to establish unit procedures and instructions for accomplishing assigned tasks. E. Bulletins. Issued to convey information of specific interest pertinent to performance of law enforcement tasks. Bulletins may include: 1. Daily information; 2. Crime analysis data on specific crime patterns and possible suspect and M.O. descriptions; 3. Description of identifiable property items reported stolen; 4. Information and description on wanted criminals; and 5. Training - either posting an upcoming training session and assigning personnel to the training, or a training bulletin which ADM -01.5 provides information to guide members in performance of their duties and responsibilities. 6. Standard Operating Guideline (SOG) - designed to identify steps or procedures to be used when responding to, or handling specific types of calls, tasks, or assignments. V. ISSUING AUTHORITY A. Department publications, including bulletins, are always issued under authority of the Chief of Police. Only the Chief of Police may issue General Orders. B. Division memoranda, Personnel Orders, Special Orders and Standard Operating Guidelines may be issued by authority of the respective Division Commander. C. Section memoranda may be issued by supervisors, including ci\!,MF supervisors. .w -n r- VI. FORMAT AND INDEXING �' ` `J' t7 A. General Orders co 1. General Orders shall follow the format and structure as shown i€P Appendix A. The first page will utilize the standard pre - printed general order format. 2. The General Orders will be indexed by major topic headings to facilitate an alphabetic search for order information. General Orders will also be indexed by number. The number assigned to each order will be the last two digits of the calendar year followed by a sequential number. A section code will also be given to each order which designates the major policy and procedure manual subsection under which the Order is assigned, followed by a sequential number for all orders within the section. 3. Order numbers and Section codes will be assigned by administration during order preparation. B. Special Orders Special Orders shall follow the format shown in Appendix B. C 0 ADM -01.6 2. Special Orders will be by number. Numbering will consist of the last two digits of the calendar year followed by a sequential number for each order issued during the year. Personnel Orders 1. Personnel Orders shall be prepared by the office of the Chief of Police or Division Commanders in the format shown in Appendix B. 2. Personnel Orders will be indexed by number. Numbering will consist of the last two digits of the calendar year followed by a sequential number. Numbers will be issued by administration. Memoranda 1. Memoranda will follow the format shown in Appendix B. Memoranda are not formally numbered and are indexed by subject and date. _ �a 2. Affected personnel will be listed in the heading. of the -5- C) memorandum. Examples are: a. A division memorandum issued "TO: Uniformed Patrol a li'i Officers ". = b. A communication section memorandum "TO: All > Communication Dispatchers ". NOTE: Memoranda which affect personnel beyond the section or division level, must be issued at the division or Department level. 3. The issuing authority will also be clearly indicated in the heading of the memorandum. Only the unit or section supervisor, division commander, or the Chief of Police may issue memoranda. E. Bulletins 1. Bulletins will be issued as Department publications. Because bulletins are issued under authority of the Chief of Police, no specific authority entry is required. 2. Bulletin headings will indicate the major subject (crime analysis, training, traffic analysis, etc.); the issue date; and the Department contact for clarification or additional data. ADM -01.7 3. The body of bulletins may be configured as required to best explain the information presented. This may vary from narrative for training information, to tabular crime analysis data, to illustrations for suspect descriptions, or combinations of the above. Because the objective is to impart information, the only rule for content is that it be of maximum clarity and simplicity. 4. Standard Operating Guideline will include headings indicating the number (last two digits of the year and then a sequential number beginning with 1 and continuing consecutively through the end of the calendar year), effective date, subject, and if applicable section. The SOG will include a statement identifying it's purpose, and any applicable definitions. The SOG will identify and list applicable steps, tasks, assignments or procedures to be used when handling a specific type of call, assignment, task or subject listed in the subject heading. 0 VII. DISTRIBUTION � A. Policy 00 1. The Department policy on dissemination of policy and proadure,_ manuals is through a computerized documentation system and placement of hard copies in manuals put at accessible locations for reference by all personnel affected by the directives. 2. Employee will be required to sign a dissemination form to acknowledge the receipt and review of the materials contained in the manuals. Appendix C. 3. A computerized copy of all General Orders, Special Orders, Departmental Memoranda, Personal Orders, and Bulletins will be maintained in the office of the Chief of Police. 4. The Chief of Police may direct that newly issued or reissued orders or directives be distributed electronically through the departments "in- house" computer system. Written notice shall be forwarded to the affected commanders indicating the title and location of the electronic version. Procedures developed for confirming the receipt and acknowledgement of directives will be followed. ADM -01.8 VIII. MAINTENANCE AND INSPECTION A. Maintenance 1. It is required that each assigned policy and procedures manual be maintained in usable condition and be continually updated by insertion of new orders and removal of rescinded or updated directives. This includes annotation of the index by insertion of reference to new orders or the cancellation of those rescinded. 2. The maintenance and currency of manuals will be the responsibility of those who are issued hard copies. 3. The Department will maintain a master file of all Department publications. 4. New or revised General Orders will be accompanied by a roster upon which employees will verify receipt and their understanding of the Order by their signature. Completed rosters will be returned to the office of the Chief of Police for filing. B. Inspections 1. Policy and procedures manuals will be inspected at a frequency determined by the Chief of Police. Inspections will be accomplished by designated personnel appointed by the Chief of Police. 2. Inspection will normally involve the physical examination of policy and procedures manuals to determine that: a. All current orders are properly filed in the appropriate manual section. b. Canceled or rescinded orders have been removed. C. Each current order has a certification of understanding which is signed and dated. p' d. The index has been updated with entries of new odd rs aid deletion of those rescinded. .< ts.. rrt ©; ADM -01.9 IX. AMENDMENT AND CANCELLATION A. Amendment The content of General Orders occasionally requires amendments to comply with legal changes; to update operational procedures; or to conform to revised policies. Amendments should be expedited to assure maximum currency of reference material. 2. When an amendment is relatively minor and involves a restatement or replacement of existing information, without change to paging or length, a revision page or pages may be issued. The revised page(s) will be inserted into the order in place of the former page(s). Amended pages will contain "Rev- Date" on the outside lower corner. 3. Where the amendment or revision is of sufficient size and length to require major restructuring of the order, a complete new order will be issued. The new order will replace the entire former order. - /,L,09 Samuel H a r ga66e, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental' administrative sanctions. �: r° i ADM -01.10 APPENDIX A NAME OF ORDER Date of Issue General Order Number Effective Date Section Code Reevaluation Date Amends / Cancels C.A.L.E.A. INDEX AS: I. PURPOSE (Topical headings in capitals) Q II. POLICY A. (Subheadings underlined) �- B.�,�.. 2. a. Y b. (1) (2) (a) (b) Signature of Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ADM -01.11 APPENDIX B Sample Format for Special Orders, Personnel Orders, Department, Division, Section Memorandums, and Bulletins TYPE OF ORDER OR MEMO YEAR - NUMERICAL SEQUENCE TO: FROM: RE: DATE: Affected Personnel Issuing Command Subject of Order or Memorandum Date Issued a z-: > 1' ADM -01.12 APPENDIX C ACKNOWLEDGEMENT OF RECEIPT OR REVIEW OF GENERAL ORDER General Order: Section Code: Directive Title: Changes: I have had the opportunity to review the above General Order and understand the purpose and content of the Order. Pin # Employee's Signature Date Supervisor's Signature Date b 0 QQ Iowa City Police Department Standard Operating Guideline SOG #: Effective date: Subject: Reference: Section: Command Signature: Purpose: Definitions: Procedures: ADM -01.13 4 `n N M r: C) � cry PRISONER TRANSPORT Date of Issue General Order Number March 17, 1999 199-03 Effective Date Section Code April 7, 2008 OPS -09 Reevaluation Date Amends / Cancels March 2010 All Orders In Conflict C.A.L.E.A. _ Chapter 70 INDEX AS: Use of force Prisoner Transport Handcuffing I. PURPOSE OPS -09.1 Gv�o� -< �- m �;U 4 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. -n M 0 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 I11. PROCEDURES A. Vehicle Inspection 1. 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. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination. B. Handcuffing/ Use of Restraints 1. Officers should handcuff (double - locked) all prisoners with their hancj,,s, ES behind their back and palms facing outward. a It �. ✓ 2. The officer may handcuff the prisoner with his /her hands in fro�f or I' use other appropriate and approved restraining device(s) where e w prisoner M a. is in an obvious state of pregnancy, ©� b. has a physical handicap, or has injuries that be aggravated by standard handcuffng ._ c. could 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 commur&ation with the following information. > -� a. arrest location and destination; w b. mileage reading before and after the transport of juveniles -Qt� member of the opposite sex. rn c. number of persons being transported 3 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 edica%n directions are given to the holding facility staff. -n 10. Symptoms or reports of physical or mental illness (such as tf�reats a suicide or psychotic behavior) shall be reported to the receiv-lifs officer. ;U a 11. Any wheelchairs, crutches, prosthetic devices, and medication show 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 marked patrol 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 ambulance 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. Officers shall abide by all Departmental directives pertaining to prisoner /detainee processing and weapons security. 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 other problem checked. All checks will be noted in the CAD log. 18. Upon arrival at the Johnson County Jail, weapons shall be rcuredwn the provided lockers. cf 19. Prisoners are in the custody of the Iowa City Police Departr ril until they are received by Johnson County Jail personnel or releag l by Mr the officer. ox X C 20. Persons who are transported for non - criminal procedures s5iould 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 OPS -09.6 prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and /or documentation regarding the subject. The receiving officer's name should be included on the appropriate form. Sam el Hargadin Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental' administrative sanctions. FD m OPS -10.1 CANINE OPERATIONS Date of Issue General Order Number April 21, 1999 199-04 Effective Date Section Code April 30, 2009 OPS -10 Reevaluation Date Amends / Cancels April 2011 C.A.L.E.A. Reference 41.1.4, 1.3.6 INDEX AS: Canine Reports r' gn Searches - Use of Force" cep I. PURPOSE It is the purpose of this policy to provide guidelines for the management and use of the department's canine unit. The utilization of canines requires adherence to procedures that properly control their use and channel their specialized capabilities into acceptable crime prevention and control activities. II. POLICY It is the policy of the Iowa City Police Department to use trained canine teams in acceptable fashion to augment the traditional law enforcement and crime prevention functions of the Iowa City Police Department. The Department recognizes that under certain circumstances that the use of a canine constitutes a use of force and must comply with the Departments Use of Force policy. OPS -10.2 III. DEFINITIONS Canine (K -9) Team: an officer handler and his /her assigned police car�n,e. Canine Supervisor: Commander of Field Operations a IV. PROCEDURES ~ A. CANINE UTILIZATION J 1. The Department's canine team is available on a 24 -hod`, callut basis to: conduct building searches; assist in the arrest or prevent the escape of serious or violent offenders; protect officers or others from death or serious injury; track suspects or locate lost or missing persons, or hidden evidence of a crime, and detect the presence of narcotics or explosives. a. Canine teams should not be used to respond to minor complaints but may engage in assignments not listed here with approval of the canine supervisor or on duty watch commander. b. Canine teams may be called upon to do public demonstrations as assigned. 2. Canine handlers are responsible for determining whether a situation justifies canine use and the appropriate tactical measures that should be taken. Where the on -scene supervisor disagrees with the handler's tactical assessment, the Commander of Field Operations or designee, when the Commander of Field Operations is absent, should be notified and his /her decision followed. Where time does not permit such notification, the directions of the on- scene supervisor shall be followed. a. Police canines shall not be handled or given commands by anyone other than the assigned handler. Should the assigned handler be injured or otherwise unable to command the canine, the canine should be removed from the scene. 3. Canine team assistance shall be requested by patrol officers through an immediate supervisor. Communications center personnel will forward the requisite information concerning the incident to the canine handler or unit supervisor. Requests from the Investigative Section should be routed through the Investigative Supervisor on duty, or if unavailable, the request should be routed through the on -duty watch commander. In instances where the request comes from an active SRT response, the request will be routed through the SRT supervisor in charge of the scene. OPS -10.3 B. BUILDING SEARCHES FOR SUSPECTS IN HIDING A primary use of canines is for locating suspects in buildings or related structures where search by officers would create an unnecessary risk to officers and /or bystanders. All building searches or entries shall comply with departmental directives pertaining to building searches and entry. In addition the following guidelines apply when a canine unit is used in the search: 1. The building perimeter should be secured by responding personnel. 2. In all cases, an attempt shall be made to contact the building's owner or tenant, an attempt shall be made to determine whether there may be tenants or others in the building, and an attempt shall be made to ascertain the building's layout. 3. When a canine building search is anticipated, a preliminary search by officers should not be conducted, as this will interfere with the canine's ability to discriminate scents. 4. On -scene personnel should take the following steps in preparationJor the canine search:. a a. Evacuate all tenants, workers or others from the facility. rn 0. b. Request that all air moving equipment be shut down. «a 5. The canine shall not be used to search facilities that contain substances potentially harmful to the animal unless overriding risk to human life is present. The presence of such substances is a factor weighing in favor of an on -lead search of the property. 6. Unless exigent circumstances exist, prior to commencing the search, the handler or other designated person shall loudly announce that there are police officers on the premises and that a trained police canine will be released if the individual does not surrender. This will be accompanied by the warning that the canine will find and bite the individual. This statement shall be repeated at least once. In the absence of exigent circumstances the canine unit shall wait at least 3 minutes prior to entry of the structure, to allow the suspect a reasonable opportunity to respond. In multilevel, partitioned or large single level structures said announcement shall be repeated as reasonably necessary to apprise occupants of the structure that there are police officers on the premises and that a trained police canine will be released if the individual does not surrender. For example, this standard may require a repetition of the announcement at new levels, entryways or portions of the structure distant from the original location of entry. To the extent possible, the warning should be communicated OPS -10.4 over an open radio channel for capture on the voice data logs. The time and location of the announcement(s) should be relayed to communications for inclusion in the CAD but in any case shall be noted in the canine officer's incident report. 7. Prior to entry, all exits should be secured or placed under observation, and communications assigned to a designated frequency and limited to a tactical nature. 8. Prior to entry; a. exits should be under containment. Officers should be positioned in such a manner as to provide a view of the site without - exposing them. Containment means the suspect cannot escape c� -from i�e perimeter without being observed. b. radio communications switched to a designated fregooby aVid ill limited to a tactical nature. m 9. The decision as to whether the search should be conducted on or pff lead will be made by the handler based on the information availabWat the time. The presence of substances potentially harmful to the canine is a factor weighing in favor of an on -lead search. 10. When apprehending suspects in these or related circumstances, canines shall be commanded to disengage as soon as the suspect is subdued or readily complies with officer's commands. 11. Assisting officers should not walk between the canine and the suspect unless specifically instructed to do so by the handler. 12.The arrestee should not be transported in the same vehicle with the canine unless alternative transportation is not available and immediate transport is essential for safety or security reasons. C. REPORTS REQUIRED Use of specially trained police canines for law enforcement responsibilities constitutes a real or implied use of force. In this as in other cases, officers may only use that degree of force that reasonably appears necessary to apprehend or secure a suspect as governed by this department's Use of Force policy. In all instances where a canine is deployed, a supplemental report shall be submitted by the handler, or in the event he /she is unable to complete the report, by a watch supervisor. The supplemental report shall be forwarded to the Canine Supervisor. Whenever the canine unit apprehends a person, the handler shall complete a Use of Force Report. Whenever a canine apprehends an individual with physical contact, whether or not in the line -of -duty, the handler shall: OPS -10.5 1. Summon a supervisor to the scene. 2. Examine the affected area to determine the seriousness of the bite or injury. 3. Obtain medical treatment for the person, medical personnel should examine the affected area irrespective of the perceived seriousness of the bite or injury. 4. Take color photographs of the affected area, if- possible, prior to and following medical treatments. A "full body" photograph should also be included. 5. Complete an incident report whenever it is known or alleged that a canine has apprehended or otherwise injured an individual. The report shall detail the circumstances surrounding the incident, the identity of the individual involved and any witnesses, the extent of the injuries, if known, and measures taken in response to the incident. A Use of Force report shall also be filled out. Copies of the incident report shall be forwarded to the Commander of Field Operations prior to the end of the watch. 0 D. CROWD CONTROL ID 1. Canine teams shall not be used for crowd control for ^peacdul demonstrations or gatherings. .- t 2. Canine teams shall be used for crowd control only upon approve} of the watch commander or canine supervisor, to protect a�ainstdlieft or property damage during a riot or unlawful assembly (see IA 8Bde chapter 723) that cannot be controlled by other means. In these situations canines shall: a. be short leashed at all times unless no other means are available to protect an individual from serious injury; and b. not initiate any offensive action, unless to guard against imminent loss of life or possible bodily injury. E. DRUG DETECTION Use of police canines in a drug detection capacity is authorized in the following situations and under the following conditions: OPS -10.6 1. The canine unit supervisor shall maintain records that document the use and proficiency of individual canines in drug detection. This documentation shall be readily available to canine officers and others who may need it when seeking warrants. 2. Random exploratory sniffing of luggage, packages or other inanimate objects may be conducted in public facilities such as airports, and bus terminals, as authorized by the canine unit supervisor or other authorized command officer and in accordance with State and Federal law. a. When a drug detection canine alerts to luggage or related items, a warrant or consent to search must be obtained before it is opened unless exigent circumstances exist to justify a warrantless search. �+ 3. The use of drug detection canines in public schools is pe�*ed -n only when: a. The school's principal or designated authority r66�sts -,,or approves use of the canines. a b. there is reasonable and articulable suspicion to believe `fat illegal narcotics are being distributed and /or consumed on the premises such that the interests of the school are being unacceptably compromised; and c. the search is limited to inanimate objects in public areas and the exterior of student lockers unless reasonable and articulable suspicion exists to gain admission to lockers and related areas where there is a reasonable expectation of privacy. (see Iowa Code Chapter 808A, Student Searches) 4. Drug- sniffing canines may be used to sniff motor vehicles when: a. reasonable suspicion exists to believe the operator or passengers are in possession of illegal narcotics; or b. during a valid vehicle stop, the canine is used to sniff the vehicle's exterior in an exploratory manner. Unless the canine alerts to the vehicle, the operator may not be detained longer than necessary to conclude the business associated with the initial stop. F. TRACKING Police canines are available with supervisory approval to track missing persons or suspects, or to locate evidence that the supervisor has reason OPS -10.7 to believe has been abandoned or hidden in a specified open area. Such searches are subject to the following conditions and limitations: 1. When officers are pursuing suspects and contact with the suspect is lost, the officer, prior to summoning a canine team shall: a. stop and pinpoint the location where the suspect was last seem b. shut off engines of vehicles in the area if possible; and ..a x@. c. avoid vehicle or foot movement in the area where theNuspEV or subject was last seen. c5 2. Canines used for tracking persons shall remain on a:leashobf sufficient length to provide a reasonable measure of safety to the subject of the search without compromising the canine's tracking abilities. 3. When used to locate small children, unless there is a reasonable suspicion of foul play or a reasonable belief that serious bodily injury or death will occur if the child is not located immediately, the search shall be conducted on leash. If circumstances are such that an off -leash search is necessary, the canine officer shall explain the risks of apprehension to the parents or next of kin and their approval obtained to use the dog. 4. Canine teams should not be used to apprehend or locate persons suspected to be under the influence of alcohol or drugs or the mentally disturbed, if no other crime is involved, unless the person posses an immediate significant threat of death or serious physical injury to an officer or others. G. CANINE USE 1. Teasing, agitating or roughhousing with police canine is strictly prohibited unless performed as part of a training exercise. 2. Handlers shall not allow anyone to touch, pet or hug their canine without their permission and immediate supervision. Should a civilian express a desire to do so, they should be informed that police canines are working dogs and they can be dangerous if improperly approached. H. OUTSIDE USE OF CANINES 1. Handlers will not offer or provide the services of the police canine for use to any outside agency without supervisor approval. The on- LEG 04.1 CP �I SEARCH AND p�� SEIZURE Date of Issue General Order Number January 10, 2000 100-01 Effective Date Section Code February 18 , 2009 LEG -04 Reevaluation Date Amends / Cancels February 2010 C.A.L. E.A. Reference 1.2.4 INDEX AS: Search Arrests Seizure Stop and Frisk FEB 2 0 ?ring Warrants I. PURPOSE The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. LEG 04.2 II. DEFINITIONS FEB 2 0 2gn9 A. Constitution of the United States of America: Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. 111. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that "citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: LEG 04.3 A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his /her safety. E. Inventory Searches of Impounded Vehicles: 1. Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. (see impound policy) F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: 1. Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: 1. Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) I. Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. J. Officers may conduct warrantless searches in other situations under applicable case law. (See training documentation) Search and Seizure Pursuant to Warrant A. Legal Basis for Obtaining a Search Warrant In order to obtain a search warrant, an officer must be able to show probable cause to believe that specific evidence, contraband, or instrumentalities /fruits of a crime may be found at a particular location. 5-Z/C, FEB 2 0 2999 LEG 04.4 2. Specific facts establishing probable cause must be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. B. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; (4) Name of owner or occupant; (5) Geographical location of the property; (6) Map coordinates or distances from given reference points; (7) Photographs, satellite photographs, maps, or diagrams that aid in specifically identifying the location to be searched. (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a search of the premise and it's "curtilage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. (2) Motor vehicles known to be on the premises that may be;pv�.L searched should be specified. FEB 2 0 2��9 A LEG 04.5 (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high - technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be served at any time of the day or night, as operationally required, within 10 days from the time of issuance. (1) Anticipatory search warrants may be sought when it can be shown that the evidence in question will be at a specific location at some time in the near future. (2) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained. (see Appendix n The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waive the requirements of the Search Warrant Checklist (i.e. obtaining blood for an OWI investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant. Supervisory Review of Issued Search Warrant Prior To Execution s, cv 1. Prior to any attempt at service, a supervisor should review issued search w warrants to ensure that they include all pertinent information set forth in LA- LEG 04.6 the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 1. 10 -Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre - Surveillance: For narcotics / drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. 3. Pre - Search Briefing: Prior to the execution of a search warrant, the supervisor in charge of the search should ensure that a pre- search briefing is conducted to inform assisting officers of the following: (a) The supervisor in charge of the search; (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that may exist; (d) The manner of approach and entry into the premises; (e) The assignment of assisting officers as necessary to: (1) Exterior containment of the premises; (2) Guard and /or transport any persons arrested; (3) Search designated areas; (4) Restrict access at entrances; and (5) Collect and handle evidence; (6) Interviews of any persons present; (f) The communications procedures to be used. (g) Historical data of suspects; w u- LEG 04.7 (h) Update from surveillance Officer on scene; (i) Written Safety Plan — copies to all officers participating (see Appendix In (k) Staging area discussion 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Upon conclusion of the search, the supervisor in charge is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation. Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objective and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by officers after the search. 7 Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his /her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give, notice in a manner likely to be heard by anyone present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 8 Serving the Warrant: Before undertaking any search, the officer must leave a copy of the warrant with the person to be searched or the person in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits. If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed m to the premises or vehicle. 11- LEG 04.8 9 Detention of Persons Present: An officer executing a search warrant for premises not generally open to the public, or of a vehicle other than a common carrier, may detain any person present for such time as is reasonably necessary to execute the search warrant. If the items listed in the search warrant are not found on the premises or vehicle, the officer may then search any person present at the time of the officer's entry for the property specifically described in the search warrant. 10 Frisk of Persons Present: If the officer reasonably believes that his /her safety or the safety of others present so requires, he /she may search for any dangerous weapons by externally patting the clothing of those persons present. If the officer feels an object which he /she believes is a dangerous weapon, he /she may take possession of that object. 11 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he /she may also take possession of the items so discovered. 12 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 13 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00 -10 / SER -06. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his /her tour of duty. 14 Supervisor Responsponsibility: Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of the operation shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Sergeant of the Investigations Section; where it shall be maintained in a secure location separate from the investigative case file. E. Return of the Search Warrant 0 m w w F G LEG 04.9 1. Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. Liaison with the County Attorney 1. Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. High -Risk Warrant Service Operations 1. Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes a high -risk operation under the provisions of this policy, the supervisor in charge must consider several factors: (f) The characteristics and location of the target premises and the number of persons likely to be present. (g) The anticipated need for pre - planned forcible or dynamic tactical entry into the premises. (h) Facts and information known or foreseen by officers that indicate an unusually high potential for violence or physical danger exists. The danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (i.e. explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). (i) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make a threat - assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. 3. Authorization for high -risk warrant service operations must be given by the Commander of Field Operations or designee. 4. High -risk warrant service operations must be preceded with a written plan to include, at a minimum, the following: c C11 °o m w LEG 04.10 (a) The procurement of any special equipment or resources needed; (b) The designation of a radio talk group to be used and any special communications procedures to be followed; (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist. (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and /or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. SarAuel Hargadi , Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. C, Cn N m w U_ LEG 04.11 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. 1. Code of Iowa Chapter 808 2. General Order 00 -01, Search & Seizure 3. General Order 89 -04, Civil Rights 4. General Order 99 -02, Alarms - Open Door Response 5. General Order 01 -02, Informants Officer Making Application: Supervisor Approving: Lieutenant: (Signature) Date Submitted: (Signature) Date Reviewed: (Signature) Date Reviewed: Prior to service of the search warrant, copies of the following are to be finished and on file. 1. Original complaint report(s). 2. All follow -up reports. e, 3. All intelligence reports. 4. Copy of search warrant. p c 5. Copy of signed Search Warrant Control Review � Cn 6. Copy of Safety Plan 7. Any other reports, data, relevant to the search warrant. U' LEG 04.12 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge Prior to County Attorney and Judge's Signatures 1. Satellite photograph of target / neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant 1. Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3. Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks 1. Verification of address of target Applicant Supervisor, 2. Method of entry and order of stack Applicant Supervisor_ 3. Exterior residence containment Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor 5. Searchers / Interviewers 'ye Est Applicant Supervisor FEB 2 0 2099 LEG 04.13 6. Observation and control of suspects Applicant Supervisor_ 7. Communications with dispatch Applicant Supervisor 8. Historical data of suspects Applicant Supervisor_ 9. Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan — copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor 12. Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service 1. Leave paperwork at scene of items seized Applicant Supervisor 2. Notification to supervisor of results, concerns and problems Applicant Supervisor 3. Use of Force report if applicable Applicant Supervisor 4. Return of service to the court Applicant Supervisor FEB 2 0 2009 SAFETY PLAN Case Number _ Date Prepared <� p�NA ClpL =4t, r LEG 04.14 (APPENDIX II) Iowa City Police Department Copy of III. MISSION INSTRUCTIONS (NOTE: Include date/timeAocation of operation, objectives, and specific details of the enforcement plan such as meet locations, locations to be searched, and subjects arrested. If a clan lab operation, include waste disposal procedures. A map of the target area(s) must be attached.) 5:1 r A;w, FEB 2 0 ?nng LEG 04.15 V. UNDERCOVER PERSONNEL Officer Call Sign Mobile # Pager # Age I Height Weight Eyes Vehicle Make Year Model Color License Number State Vehicle Make Model Year Color License Number State Code Name (If Applicable) Sex Race Age Height Officer Call Sign Mobile # Pager# Vehicle Make Year Model Color License Number State License Number State I Code Name (If Applicable) Sex Race Age I Height Weight Eyes Hair Vehicle Make Model Year Color License Number State Code Name (If Applicable) Sex Race Age Height Weight Eyes Hair Vehicle Make Model Year Color License Number State No Yes Nehicle Installed In: FEB 2 0 29nq LEG 04.16 FR 2 0 gong LEG 04.17 PERSONNEL Agent/Officer I Call Sign Pager /Phone Vehicle /location Assignment Copy -XII. CHECKLIST Yes N/A Yes N/A Operational Plan to Comm. Center Date Surveillance Assignments Portable Radios Eavesdropping Authorization Perform Communications Check Entry Tools Kel /Unit Receiver Check Raid Jackets & Protective Gear Cross Check with other Agencies Enforcement Briefing Cross Check performed by: ADMINISTRATIVE Plan Prepared By Signature Date Name of Approving Supervisor Signature Date Photographs and additional information should be provided and attached as appropriate. Arm-, FEB 2 0 2009 SURVEILLANCE NOTES Time Observed by Activity SURVEILLANCE OFFICER I I DATE LEG 04.18 8r ly� le"z- 1=FB 2 0 20049 OPS -15.1 LESS LETHAL IMPACT MUNITIONS Date of Issue General Order Number MAY 12, 2000 100-03 Effective Date Section Code May 9, 2008 OPS -15 Reevaluation Date Amends / Cancels MAY 2010 C.A.L.E.A. Reference 1.3.4, 1.3.5, 1.3.9, 1.3.11 M INDEX AS: ~' Use of Force Use of Force Matrix D Less Lethal .0 N v I. PURPOSE The purpose of this order is to identify the conditions under which officers may deploy and use less lethal impact munitions. II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics /equipment. 9� OPS -15.2 III. DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non - flexible projectiles (E.g. "beanbags "), which are intended to incapacitate a subject with minimal injury, when compared to potential for causing death or serious physical "conventional" rounds. : IV. PROCEDURES FOR USE Less Lethal Extended Range Impact Weapons o EVALUATION OF LESS LETHAL PROJECTILES FOR USE > Kinetic energy impact projectiles will be evaluated for use on the following criteria: A. Accuracy 1. This is the primary consideration, since proper shot placement greatly assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of deployment. 3. The minimal standard of accuracy of such a round is: a. 12 - inch group at 15 yards for the 12 -gauge system. The group shall consist of 3 rounds. B. Effectiveness 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should result in a low probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 1. The potential for causing death or serious physical injury with such projectiles is a reality. This potential is greatly reduced when impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury. (including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and /or incapacitation are the desired goal, and alternative target areas /response should be considered when rounds are not effective. Alternative target area /response considerations will be based on the circumstances the officer is encountering. OPS -15.3 TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head /Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force in the adopted Use of Force model. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transion to less lethal projectiles, the officer shall consider in addition to other factors: > .�.. A. The level of force being confronted. B. The proximity /access of the subject to the officer or others. DEPLOYMENT TECHNIQUES > Weapons used for the deployment of less lethal munitions shall be dedicated for that purpose. These weapons shall be clearly marked. The use of other than less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 15 ft (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. OPS -15.4 C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect. I.e. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with "lethal" munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as an escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provit--d by l�e department.` The deployment of less lethal munitions shall only be performed by thoi-'e trained and showing proficiency in their deployment. HANDLING OF INJURED SUBJECTS Suspects who are struck by less lethal projectiles shall be secured and transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel shall be summoned to the scene, and the subject shall be encouraged to seek examination at a medical facility. REPORTING AND INVESTIGATION Officers shall complete a departmental Use of Force Report, in addition to any other applicable reporting requirements, after deploying less lethal projectiles. This includes those situations where the weapon is removed from the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with departmental reporting directives contained in General Order 99 -05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training in the use and deployment of less lethal munitions. OPS -15.5 Sa uel Hargadin , Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental' administrative sanctions. > ti �.. 71 Iowa City Police Department Standard Operating Guideline SOG #: Effective date: a t1l' 09 -01 00 05/14/2009 Subject Reference: VEHICLE CRASH REVIEW Vehicle Crashes, Crash Review Section: Issue #: ADM Replaces SOG 03 -01 Vehicle Crash Review Board Command Signature: Original Issue: 05/13/2009 PURPOSE: The purpose of this guideline is to provide authority and procedures for the review of crashes involving department assigned vehicles and /or on -duty department personnel. Motor vehicle crashes involving department vehicles or personnel, present serious risks to department personnel and the public as well as considerable financial loss due to injury, loss of manpower, vehicle damage, and possible liability. Therefore, a motor vehicle crash review process has been established for evaluating crashes involving department vehicles and /or on -duty department personnel in order to determine cause, institute corrective or preventative measures, and identify training or policy needs. Reports of all accidents involving department vehicles and /or on -duty personnel shall be submitted to the Watch Commander (Lieutenant) for review. Questions regarding whether a review is necessary will be determined by the Commander, Field Operations. DEFINITIONS: Motor Vehicle Crash: For the purpose of this SOG, a motor vehicle crash is any collision of a vehicle with an outside object, resulting in damage, injury or death. PROCEDURES: A. Vehicle Crash Review responsibility. a. The Iowa City Police Department's Watch Commanders (Lieutenants) are responsible for conducting administrative reviews regarding motor vehicle crashes that involve on -duty department personnel and /or department vehicles. b. Where possible, the Watch Commander is responsible for reviewing aspects of crashes and identifying causative and /or contributory factors. c. The Watch Commander shall make recommendations to the Commander Field Operations or other designated personnel. The Watch Commanders may draw conclusions concerning culpability in a vehicle crash and may recommend corrective action. B. Reporting and Investigating Vehicle Crashes Unless incapacitated, officers are responsible for notifying communications of motor vehicle crashes. The ECO shall notify an on- duty supervisor. a. The on -duty supervisor shall be responsible for ensuring that an investigation is conducted. Crashes should be investigated by an outside agency, with 1St preference being the Iowa State Patrol. b. In the event of death, serious injury, or likelihood of extensive City liability, the supervisor may contact a department Accident Investigator or Reconstruction ist to the scene to observe. C. Where practical, the supervisor, involved officers, and investigating officer(s) shall complete reports relating to the accident within 24 hours. 1. The supervisor's report shall include a narrative memorandum on the crash which should include the following information: I. Details of the events involved in and contributory to the rash. II. Statements of witnesses. III. Name and insurance information of involved parties. 2. Ensure that appropriate / required notifications are made to the City's Risk Management department and other departments. C. Crash Review Procedures a. The Watch Commander shall utilize a variety of informftn t ii conduct the review, including but not limited to:: 1. The accident report; -�, - r. 2. witnesses or their statements; o r-,, y 3. technical reports; 4. audio or video tapes; y ;v 5. photographs or digital images of the scene and damaged vehiclefo / property. 6. Other information as determined by the Watch Commander. b. The department member whose driving is under review may present information for consideration by the Watch Commander prior to the completion and submission of the Watch Commander's report to the Commander, Field Operations. D. Conclusions Upon completion of the review, the Watch Commander shall to the extent possible classify the crash as either: a. Non - Preventable - The crash shall be classified as non - preventable when it is concluded that the member exercised reasonable caution to prevent the crash from occurring and observed applicable agency policy, procedures and training. b. Preventable - The crash shall be classified as preventable when the member failed to observe Iowa traffic laws, agency policy, procedures, or training, and /or failed to exercise due caution or defensive driving tactics. The Watch Commander shall submit a report summarizing the findings of the review to the Commanding Officer Field Operations. This report shall contain a summarization of fact, the determination of preventable / non - preventable, and recommendations for: 1. Changes in departmental directives. 2. Changes in departmental training. 3. Recommendation for individual training or corrective action. 4. Modifications in equipment. The Commander of Field Operations will review the findings and any recommendations of the Watch Commander and recommend appropriate action to the Chief of Police. E. APPEAL PROCEDURES a. Officers may appeal findings and recommendations of the Watch Commander regarding preventable crashes by submitting a written appeal to the Watch Commander within 10 days of the issuance of the preliminary report. 1. Appeals must be accompanied by a written statement specifying points of disagreement with, or perceived oversights in, Watch Commander findings, and /or provide additional information not previously considered that may bear on the Watch Commander's findings and recommendations and shall be forwarded by the Watch Commander to the Commander, Field Operations. Any modification to original findings or recommendations shall be forwarded to the member and the Chief of Police. rn x �Y �a ZR N.) co May 26, 2009 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #09 -01 Filed: 02/17/09 Chief's Report due (90days): 05/18/09 Chief's Report filed: 05/14/09 PCRB Mtg #1 (Review & Assign) 05/26/09 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/09 ------------------------------------------------------------------------------------ PCRB Report due (45days): 06/29/09 ------------------------------------------------------------------------------ - - - - -- PCRB Complaint #09 -02 Filed: 04/20/09 Chief's Report due (90days): 07/20/09 Chief's Report filed: 05/01/09 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 05/26/09 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/09 PCRB Report due (45days): 06/15/09 ------------------------------------------------------------------------------ - - - - -- PCRB MEETING SCHEDULE June 9, 2009 July 14, 2009 August 11, 2009 September 8, 2009 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2009 Date Description 03 -30 -09 Complainant called regarding status of his complaint POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS April 2009 Date Description None MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 DATE: May 26, 2009 TO: Police Citizens Review Board FROM: Kellie Tuttle RE: Budget Reductions City staff was recently asked to provide a list of budget reduction measures that were identified as part of a 1 %, 2% and 4% budget reduction exercise from all operations funded from the general fund for FY2010 and FY 2011. The Police Citizens Review Board was also included in this exercise. The PCRB consists of four areas: Attorney Services, outside printing costs, mailing costs, and photocopies. The reductions were taken from Attorney Services. The 1 % reduction ($26.00) has already been removed from FY2010. Proposed reductions, if necessary, are as follows: Additional 2% - $53.00 Additional 4% - $105.00 If you have any questions or suggestions for future proposed reductions feel free to contact me. 7