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HomeMy WebLinkAbout12-08-2009 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD December 8, 2009 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM N0.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 11/03/09 • Minutes of the meeting on 11/18/09 • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches • ICPD P.A.U.L.A. Report -September 2009 • ICPD P.A.U.L.A. Report -October 2009 • ICPD Use of Force Report (June 2009) • ICPD Use of Force Report (July 2009) • ICPD Use of Force Report (August 2009) • ICPD Use of Force Report (September 2009) • ICPD Department Memo #09-41 (August-September 09 Use of Force Review) • ICPD 2008 Pursuit Analysis ITEM NO. 3 NEW BUSINESS Discussion of Conflict of Interest ITEM NO. 4 OLD BUSINESS • Community Forum • Service Animal Training -Update on Iowa Police Law Lesson Plan (Nov09) • Comprehensive Review of PCRB Ordinance, By-Laws, SOP's 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 N0.9 MEETING SCHEDULE and FUTURE AGENDAS • January 12, 2010, 5:30 PM, Lobby Conference Rm • February 9, 2010, 5:30 PM, Lobby Conference Rm • March 9, 2010, 5:30 PM, Lobby Conference Rm • April 13, 2010, 5:30 PM, Lobby Conference Rm ITEM N0.10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: December 2, 2009 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on December 8, 2009 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 12/08/09 • Minutes of the meeting on 11/03/09 • Minutes of the meeting on 11/18/09 • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches) • ICPD P.A.U.L.A. Report -September 2009 • ICPD P.A.U.L.A. Report -October 2009 • ICPD Use of Force Report (June 2009) • ICPD Use of Force Report (July 2009) • ICPD Use of Force Report (August 2009) • ICPD Use of Force Report (September 2009) • ICPD Department Memo #09-41 (August-September 09 Use of Force Review) • ICPD 2008 Pursuit Analysis • Iowa Police Law Lesson Plan -November 2009 • Section 11, article V -Conflict of Interest • Draft of Forum Summary • Complaint Deadlines • PCRB Office Contacts -October 2009 • PCRB Office Contacts -November 2009 • Policy Review Materials (handed out at November 3~d meeting) 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 -November 3, 2009 CALL TO ORDER: Chair Donald King called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Janie Braverman, Joseph Treloar, Vershawn Young MEMBERS ABSENT: Abigail Yoder STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss, Officer David Schwindt, and Officer Mike Smithey of the ICPD; and public, David and Benjamin Brandauer RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report of Summary Dismissal on Complaint #09-06 CONSENT CALENDAR Motion by Braverman and seconded by Treloar to adopt the consent calendar as presented or amended. • Minutes of the meeting on 10/13/09 • ICPD General Order 89-04 (Civil Rights) • ICPD General Order 99-11 (Arrests) • ICPD Department Memo #09-36 (June-July 09 Use of Force Review) Motion carried, 4/0, Yoder absent. OLD BUSINESS Community Forum -King and Treloar meet with the Police Chief and agreed that the Chief would do the Use of Force presentation at the forum. All questions should be directed to the Board after the presentation. King will introduce the Board and give some background on the PCRB. There will be complaint forms, Use of Force policy, and information on how to find the general orders on the City website. Braverman would also like to mention at the forum that the PCRB will be reviewing the Board's polices and procedures over the next few months. Braverman confirmed that she would draft the summary of the forum for the December meeting. The Board would also like to have information regarding the Citizens Police Academy at the forum. Tuttle thought the dates and information would be available in time for the forum. CONSENT CALENDAR Motion by Young, seconded by Braverman to re-open item number 2 (consent calendar) for discussion. Motion carried, 4/0, Yoder absent. Young wanted to know why the Board receives the General Orders and what they're supposed to do with them. King and Braverman explained that it's part of the Boards overall charge to look at policy. In the past the Board has looked at language and made corrections to typos. More importantly the Board will ask for clarification if they don't understand part of the general order and why that policy is in place. There is a re-evaluation date on each general order. After the police department has re- evaluated the general orders come to the Board for review. Braverman also explained the color coding on the general orders. PCRB November 3, 2009 Page 2 Also under General Order 89-04 (Civil Rights), Section III (Procedures/Individual Rights) B2(c), Young asked for some examples that can otherwise legally justify an officers action when entering a private dwelling. Wyss explained that this allows for not having to change the policy every time the case law changes and gives some discretion to the officer to make the entrance. Also under Section III (Procedures/Arrested Persons) 63, Young inquired whether coercion includes verbal manipulation. Wyss explained that coercion is placing a person in a situation where a person that's not guilty of an offense would confess to that crime anyway because whatever is explained to them in their perception would be worse than confessing to the crime. Verbal manipulation by simply asking questions would not be considered coercion, such as interviews or interrogations since there is on-going dialogue and the goal is to get to what the truth is. Under the same section B4, Young asked for clarification on the prisoner's right to refuse to give evidence against him/herself and should they voluntarily supply such information. It was explained that when a prisoner chooses not to speak without an attorney that is their right, but if they voluntarily start talking even after stating they want an attorney present, any information given is admissible. OLD BUSINESS (cont.) Braverman handed out materials for the December planning meeting regarding the Comprehensive Review of PCRB Ordinance, By-Laws, SOP's to save on postage and to give the Board ample time to review. NEW BUSINESS King referenced a letter from the Chief regarding Pursuits and the Boards request to receive the annual analysis. The Chief is looking into and will forward to the Board. PUBLIC DISCUSSION Wyss had an update on the Service Animal Training. The training will be held in November with the Police Legal Science Training for all officers. Wyss was unable to get a printout of the lesson plan prior to the Board packets going out. He will get the information to staff for inclusion in the next meeting packet. BOARD INFORMATION None. STAFF INFORMATION Tuttle responded to the inquiry from the last meeting regarding Board members receiving a City a-mail account. Currently there are no citizens that have a City e- mail account. There are costs incurred by the IT department as far as setting up and maintaining and with 18 Boards and Commissions and open records laws it wasn't going to be cost effective. Tuttle is looking into a way for members to subscribe and receive an agenda notice to their personal a-mail account and then a link where they could go on-line and review the meeting packets. Confidential materials would still have to be mailed, but overall costs could be reduced. EXECUTIVE SESSION Motion by Braverman and seconded by Young 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 onto 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 PCRB November 3, 2009 Page 3 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, 4/0, Yoder absent. Open session adjourned at 6:08 P.M. REGULAR SESSION Returned to open session at 8:34 P.M. Motion by Braverman, seconded by Treloar to Summarily Dismiss PCRB Complaint #09-06 as required by the city Code, Section 8-8-3 E, requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer. Motion carried, 3/0, Young abstaining and Yoder absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 18, 2009 7:00 PM, Harvat Hall (Community Forum) • December 8, 2009, 5:30 PM, Lobby Conference Rm • January 12, 2010, 5:30 PM, Lobby Conference Rm February 9, 2010, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Young and seconded by Braverman. Motion carried, 4/0, Yoder absent. Meeting adjourned at 8:40 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2009 Meetin Date NAME TERM EXP. 1/13 2/10 3/10 4/14 5/26 6/8 7/14 8/11 9/8 10/13 11/3 Janie Braverman 9/1/12 X X X NM X X NM X X X X Donald King 9/1/11 X X X NM X X NM 0/E X X X Michael Larson 9/1/09 X X X NM X X NM X --- --- --- --- --- --- --- --- --- --- Greg Roth 9/1/09 X X X NM X X NM X --- --- --- --- --- --- --- --- --- --- Abigail Yoder 9/1/12 X X X NM X X NM X X O/E O/E Joseph Treloar 9/1/13 --- --- --- --- --- --- --- --- X X X Vershawn Young 9/1/13 --- --- --- --- --- --- --- --- O X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of C©rTapiaint PCRB #09-06 Complaint PCRB #09-06, filed October 26, 2009, was summarily dismissed as required by the city Code, Section 8-8-3 E, requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer may be subject to summary dismissal by the board. DATED: November 3, 2009 DRAFT POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM November 18, 2009, 7:00 P.M. EMMA J. HARVAT HALL 410 E Washington St CALL TO ORDER: Chair Donald King called the meeting to order at 7:00 P.M. MEMBERS PRESENT: Janie Braverman, Joseph Treloar (7:14), Vershawn Young MEMBERS ABSENT: Abigail Yoder STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Chief Sam Hargadine of the ICPD (Transcriptions are available) PRESENTATIONS The following presentations were made: Introduction and Complaint Process by PCRB Chair Donald King. ICPD Use of Force Policy by Chief Sam Hargadine from the ICPD. PUBLIC DISCUSSION The following individuals appeared before the PCRB: Carol deProsse Heidi Sinderman Dean Abel Michael Smithey Caroline Dieterle Jerry Partridge 1401 Burry Dr, IC 1503 Rochester Ave #4, IC 2049 Tanglewood St, IC PO Box 2013, IC 727 Walnut St, IC Iowa City CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS None. ADJOURNMENT Motion for adjournment by Young and seconded by Treloar. Motion carried, 4/0, Yoder absent. Meeting adjourned at 8:46 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2009 (Meeting Date) NAME TERM EXP. 1/13 2/10 3/10 4/14 5/26 6/8 7/14 8/11 9/8 10/13 11/3 11/18 Janie Braverman 9/1/12 X X X NM X X NM X X X X X Donald King 9/1/11 X X X NM X X NM O/E X X X X Michael Larson 9/1/09 X X X NM X X NM X --- --- --- --- --- --- --- --- --- --- Greg Roth 9/1/09 X X X NM X X NM X --- --- --- --- --- --- --- --- --- --- Abigail Yoder 9/1/12 X X X NM X X NM X X O/E O/E O/E Joseph Treloar 9/1/13 --- --- --- --- --- --- --- --- X X X X Vershawn Young 9/1/13 --- ___ --- --- --- --- --- --- O X X X KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member Iowa City Police Department P.A.U.L.A. Report -September 2009 (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Da te Totals PAULA Visit (occupanc loads updated Oct '08) visits arrests visits arrests ear-to-date ~ - 808 Restaurant & Nightclub [176] 4 1 35 36 1.029 Airliner [223] 6 2 32 20 0.625 American Legion [140] 3 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] 7 0 0.000 Blackstone [297] 1 0 0.000 Bluebird Diner [82] Bob's Your Uncle [260*] Bo-James [200] 5 0 26 1 0.038 Bread Garden Market & Bakery [?] [It's] Brothers Bar & Grill [556] 11 0 70 29 0.414 [The] Brown Bottle [289] Buffalo Wild Wings Grill 8~ Bar [189] 1 0 3 0 0.000 Cafe Z [56] Caliente Night Club (498] (oPenea rnnRl 4 0 29 0 0.000 Carl & Ernie's Pub & Grill [92] 2 0 10 0 0.000 Carlos O'Kelly's [299] Chipotle Mexican Grill [119] [The] Club Car [56] 1 0 10 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern (87] 3 0 0.000 David's Place (aka Dawit's) (73] 1 0 6 0 0.000 DC's [120] 2 2 24 8 0.333 [The] Deadwood [218] 8 0 0.000 Devotay [45] Donnelly's Pub [49] 1 0 12 0 0.000 [The] Dublin Under round [57] 9 0 0.000 [Fraternal Order of] Eagle's [315] 2 0 0.000 EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161j Englert Theatre [838] Etc [178] 33 47 1.424 Fiesta Mexico (aka Farras) [200] 3 0 13 0 0.000 [The] Field House (aka Third Base) [420] 3 2 62 117 1.887 Firewater [114] 1 0 4 1 0.250 Formosa Asian Cuisine [149] 6 5 0.833 George's Buffet [75] 5 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze [49] 3 0 0.000 Grizzly's South Side Pub [265] 9 0 0.000 Guido's Deli (20] Hawkeye Hideaway [94] 2 0 7 0 0.000 [The] Hilltop Lounge [90] 1 0 7 0 0.000 IC Ugly's [72] 3 0 10 0 0.000 India Cafe [100] [The] Industry [436] 1 0 18 0 0.000 Jimmy Jack's Rib Shack [71] 3 0 0.000 Joe's Place [281] 2 0 18 0 0.000 Joseph's Steak House [226] Kamodo Klub [144] 1 0 8 1 0.125 Kandy Land (120] 2 0 8 0 0.000 Karaoke La Reyna [78] 1 0 0.000 ~' __ :.-, La Casa [300] La Reyna [49] 1 0 0.000 Linn Street Cafe [80] Los Cocos [99] 86 0 0.000 Los Portales [161] Martini's [200] 2 0 16 0 0.000 Masala [46] Mekong Restaurant [89j Micky's [98] 1 0 7 0 0.000 [The] Mill Restaurant [325] 3 0 0.000 [Loyal Order of] Moose [476] Monica's Italian Bistro & Pizzeria [160] [Sheraton] Morgan's [231] 3 0 0.000 Motley Cow Cafe [82] Okobo i Grill [222] Old Capitol Brew Works [294J 2 0 5 0 0.000 One-Eyed Jake's [299] 4 5 29 33 1.138 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] 9 1 0.111 [The]Picador[261] 2 0 10 0 0.000 Pints [180] 4 0 39 11 0.282 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] Quinton's Bar & Deli [149] 1 0 10 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] 2 0 0.000 Riverside Theatre [118] Saloon [120] 1 0 9 1 0.111 Sam's Pizza [174] 1 0 4 0 0.000 [Thej Sanctuary Restaurant [132] 3 0 0.000 Shakespeare's [90] 1 0 7 0 0.000 Short's Burger & Shine [56] 1 0 9 0 0.000 Sports Column [400] 6 7 50 71 1.420 Studio 13 [206] 11 0 0.000 [The] Summit [736] 9 22 68 130 1.912 Sushi Popo [84] 1 0 1 0 0.000 Takanami Restaurant [148] 2 3 1.500 TCB [250] 1 0 25 0 0.000 Thai Flavors [60] Thai Spice [91] Tropicana (aka Club Furia) [280] 3 0 43 1 0.023 T. Spoons [102] Union Bar [854] 3 3 54 57 1.056 VFW Post #3949 [197] [The] Vine Tavem [170] 2 0 6 0 0.000 Vito's [320] 3 0 32 7 0,19 - Wig & Pen Pizza Pub [154] 3 0 0:000 [Iowa City] Yacht Club [206] 12 0 0:000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House [47 Totals: 105 44 1064 580 0.545 Other PAULA at non-business locations: 39 106 _ _,_ PAULA Totals: 83 686 ,___ *includes outdoor seating area current month year-to-date - - Iowa City Police Department P.A. U . L.A. Report -October 2009 (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Date Totals PAHLA Visf~ (occupancy loads updated Oct 'os) visits arrests visits arrests a -to-date '' 808 Restaurant & Nightclub [176] 3 0 38 36 0:947 - Airliner [223] 1 0 33 20 0.606 American Legion [140] 3 0 =>J.000 ~°°~~ ~,. Aoeshe Restaurant [156] Atlas World Grill [165] 7 0 0 000 Blackstone [297] 1 0 ~-Q.tiDO """ Bluebird Diner [82] ~ •',' Bob's Your Uncle [260`] ~ `.__.~ Bo-James [200] 3 0 29 1 0.034 '_=.1 Bread Garden Market & Bakery (?] [It's] Brothers Bar & Grill [556] 4 1 74 30 0.405 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] 3 0 0.000 Cafe Z [56] Caliente Night Club [498] copenea MAR) 2 0 31 0 0.000 Carl & Ernie's Pub & Grill [92] 1 0 11 0 0.000 Carlos O'Kelly's [299] Chipotle Mexican Grill [119] [The] Club Car [56] 10 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern [87] 3 0 0.000 David's Place (aka Dawit's) [73] 6 0 0.000 DC's [120] 24 8 0.333 [The] Deadwood [218] _ 1 0 9 0 0.000 Devotay [45] Donnelly's Pub [49] 12 0 0.000 [The] Dublin Underground [57] 1 0 10 0 0.000 [Fraternal Order of] Eagle's [315] 2 0 0.000 EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161] Englert Theatre [838] Etc [178] 2 0 35 47 1.343 Fiesta Mexico (aka Farras) [200] 13 0 0.000 [The] Field House (aka Third Base) [420] 6 14 68 131 1.926 Firewater [114] 4 1 0.250 Formosa Asian Cuisine [149] 6 5 0.833 George's Buffet (75] 5 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze [49] 3 0 0.000 Grizzly's South Side Pub [265] 1 1 10 1 0.100 Guido's Deli [20] Hawkeye Hideaway [94] 1 0 8 0 0.000 [The] Hilltop Lounge (90] 7 0 0.000 IC Ugly's [72] 10 0 0.000 India Cafe [100] [The] Industry [436] 2 0 20 0 0.000 Jimmy Jack's Rib Shack [71] 3 0 0.000 Joe's Place [281] 18 0 0.000 Joseph's Steak House [226] Kamodo Klub [144] 8 1 0.125 Kandy Land [120] 1 0 9 0 0.000 Karaoke La Reyna [78] 1 0 0.000 La Casa [300] La Reyna [49] 1 0 0.000 Linn Street Cafe [80] Los Cocos [99] 86 0 0.000 Los Portales (161] Martini's [200] _ 16 0 0.000 _ Masata [46] Mekong Restaurant [89] Micky's [98] 7 0 0.000 [The] Mill Restaurant [325] 3 0 0.000 [Loyal Order of] Moose [476] Monica's Italian Bistro & Pizzeria [160] _ [Sheraton] Morgan's [231] 3 0 0.000 Motley Cow Cafe [82] Okoboji Grill [222] Old Capitol Brew Works [294] 5 0 0.000 One-Eyed Jake's [299] 2 2 31 35 1.129 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] 2 0 11 1 0.091 [The]Picador[261] 10 0 0.000 Pints (180] 39 11 0.282 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] Quinton's Bar & Deli [149] 1 0 11 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits (120] 2 0 0.000 Riverside Theatre [118] Saloon (120] 9 1 0.111 Sam's Pizza [174] 4 0 0.000 [The] Sanctuary Restaurant [132] 3 0 0.000 Shakespeare's [90j 7 0 0.000 Short's Burger & Shine [56] 9 0 0.000 Sports Column [400] 6 8 56 79 1.411 Studio 13 [206] 11 0 0.000 [The] Summit [736] 7 22 75 152 2.027 Sushi Popo [84] 1 0 0.000 Takanami Restaurant [148] 2 3 1.500 TCB [250] 4 0 29 0 0.000 Thai Flavors [60] Thai Spice [91] Tropicana (aka Club Furia) [280] 43 1 0.023 T. Spoons [102] Union Bar [854] 3 0 57 57 1.000 VFW Post #3949 (197] [The] Vine Tavern [170] 6 0 0.000 Vito's [320] 3 2 35 9 0.257 Wig & Pen Pizza Pub [154] 3 0 0.000 [Iowa City] Yacht Club [206] 12 0 0.000 Zio Johno's Spaghetti House [94J Z'Mariks Noodle House 47 Totals: 57 50 1121 630 0:,552 Other PAULA at non-business locations: 6 112 PAULA Totals: 56 742 -- "includes outdoor seating area currant month year-w-oare , a .'~ ~'~ '_,- J OPS-14.1 DOMESTIC VIOLENCE Date of Issue General Order Number October 8, 1999 99-10 Effective Date Section Code November 20, 2009 OPS-14 Reevaluation Date Amends /Cancels October 2010 C.A.L.E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 INDEX AS: .C~~~: ~~' ~ ~-- Domestic Abuse - _ __~ Domestic Violence _' Domestic Violence Reports ~ j Domestics -- ~~a No Contact Orders Protective Orders - '-~~~ v~ I. PURPOSE The purpose of this General Order is to establish policy and procedures concerning domestic abuse. The Iowa City Police Department will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse-related issues. Efforts will be made to deter this criminal behavior. OPS-14.2 II. POLICY It is the policy of the Iowa City Police Department to: • Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. • Maintain apro-arrest policy whenever probable cause exists to support the belief that a domestic abuse violation has taken place. • Protect victims and families experiencing domestic abuse, and provide information concerning support and services. • Promote officer safety by educating officers in the area of domestic abuse response. • Develop a working relationship with the Domestic Violence Intervention Program (DVIP). • Actively participate in multi-disciplinary and community efforts to prevent and reduce the incidence and severity of domestic abuse assaults and deaths. • Provide community and workplace education about domestic abuse, including releasing an annual report on domestic abuse. III. DEFINITIONS ~_., .:, A. Domestic Abuse means an assault, as defined in Iowa Code Section 708.2A and Iowa Code Section 236.2, that has occurred .between ~ '_.. parties who share a certain relationship. .~' . . i --r,. The relationship element defined: 236.2(2) ~` ~-~~_d 1. family or household members residing together at the time p#~he ~`' assault or who have resided together within the past year, b'ut not ~', at the time of the assault; 2. separated spouses or persons divorced from one another not residing together at the time of the assault; 3. biological parents of the same minor child, regardless of whether married or living together at anytime. 4. brothers and/or sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies. B. Family or Household Members; spouses, or persons co-habitating, parents or other persons related by consanguinity or affinity. C. Children: Children under age 18 are not subject to these provisions as chapter 232, Juvenile Justice, applies. OPS-14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. Kellogq, 542 N.W.2d 514(1996). Kellogq provides anon-exclusive list of factors for the jury's consideration: - Sexual relations between the parties while sharing living quarters - Sharing of incomes and expenses - Joint use or ownership of property - Whether parties hold themselves out as husband and wife - The continuity of the relationship - The length of the relationship - The degree of access to the residence (does each possess a set of keys) E. Primary Physical Aggressor.' The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. F. Discretionary Arrest: Peace officers may arrest a person for a simple misdemeanor (non-injury inflicting) domestic abuse assault, but are not required to do so. Discretionary arrest also applies to indictable level offenses where the offender was not the primary physical aggressor. G. Pro-Arrest Policy: Refers to a philosophical position in which physical arrest should be made in situations where an arrest is legally permissible. , ;~~ "': _.. ... ,, ~ ___. ~°~ OPS-14.4 IV. PROCEDURES A. B. C D E F. G H J. K. Procedures for the following qualifying factors are included in this protocol: Communications Officer Approaching the Scene Officer Responsibility at the Scene Enforcement of Court Protection Orders Written Reporting Victim Rights Follow-up Investigation Confidentiality Hostage Situations Officer Training Officers Charged with Domestic Abuse A. COMMUNICATIONS The Emergency Communications Operator (ECO) shall dispatch officers to every reported incident of domestic abuse. When warranted, the ECO should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the ECO should ask these questions: 1. Where is the emergency? What address? What apartment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his/her name? Please describe. the suspect and, if not present, his/her expected whereabouts:. -' 7. Are weapons involved? If yes, what kind? __ _ . 8. Is the suspect under the influence of drugs or alcohol? If y~~,:wha~., substance? - ~~ ~ 9. Are children present? `' 10. Have the police been to this address before? If yes, how many times? 11. Does the victim have a current restraining order? _ _..x ,: ~_ ..:.a ,: Communications will dispatch all pertinent information to the responding officers. As events progress through a domestic abuse incident, the ECO will keep the responding officer(s) apprised. The ECO should listen for OPS-14.5 background noises that assist in evaluating the threat level (screams, shouts, threats, breaking glass, and furniture). These sounds will raise the potential danger level and can help to provide the probable cause required if criminal charges are filed. During the dispatching process, the ECO should initiate a check to determine the existence of no-contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the ECO should continue to reassure the victim/caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim/caller chooses to hang-up; this shall not influence the response effected. If the hang-up was voluntary, a callback should be made to inquire whether the victim/caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call will continue to proceed, and under no circumstances will the call be cancelled. 9-1-1 calls and calls for assistance or/calls received on the routine line should be preserved for any possible prosecution. Requests for 9-1-1 recordings to be taped for preservation will be made through the ECO supervisor by the domestic abuse investigator. If based on the information provided the ECO reasonably determines that a call is a domestic, it will be classified as a domestic. Once a call is classified as a domestic, the ECO shall not reclassify the call except as follows; If the officer determines that the relationship does not meet the criteria of a domestic relationship an on-duty watch supervisor may have the ECO reclassify the incident. If the incident is reclassfied to a non- mandatory report incident, the supervisor will determine if the officer will complete an incident report. In instances where a call is classified as something other than a domestic, and the call is in fact a domestic, the ECO, upon notification from the officer may reclassify the call as a domestic. B. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one-unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county : heriff's department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. _' C. OFFICER RESPONSIBILITY AT THE SCENE - w._ ,...,~ ~.a .~ , __:y, 3} i OPS-14.6 When officers respond to a call for assistance at the scene of a domestic abuse incident, they shall: 1. Approach the scene safely, and in an alert manner. 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if. requested. . 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. If necessary, reasonable efforts should be' made to obtain a translator. ~ ~_~ 11.Following interviews, a conference of the responding ~#~cers~~ should occur, if necessary, with the goal of arriving at a cor~sensu~: for determining whether to arrest. Apply appropriate Chapter 236`'x', OPS-14.7 Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either /both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13. If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. - 14.Collect and record evidence, including torn clothing, broken objects, etc. 15. Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. `-= d. Scene, including broken objects, weapons, general disarf~y, etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. .::, _',: ~,..~ -~ . k~ _sl ~'J t.J G'~ OPS-14.8 16. When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted immediately. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. D. ENFORCEMENT OF COURT PROTECTION ORDERS Violation of a valid court order shall be enforced in the same manner and with the same vigor as violations of statutory law. When encountering potential court order violations in domestic violence or other contexts, officers shall follow these procedures. 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this policy on domestic violence. 2. The officer shall verify the existence of the order and it's provisions by requesting the ECO check with the Sheriff's Dept. in the county where the order was issued and, if available, by examining any copies of the order the victim may provide. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of domestic assault or violating a no contact order, the investigating officer shall run a criminal history on the suspect and check for any prior convictions of domestic assault or violation of a no contact order. (allows for enhanced penalties) E. WRITTEN REPORTING Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. OPS-14.9 All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the departments domestic abuse investigator. Reports will, at a minimum, contain narratives which will include the following information: 1. full names of parties involved, including dates of birth of the suspect and victim 2. address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. the relationship of the victim and suspect 5. location of the assault 6. whether no contact orders are known to exist 7. a description of the scene 8. weapons used 9. whether a 9-1-1 call was received and if the tape was preserved 10. documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim 12.whether they received medical treatment 13. an indication of whether the victim was presented their rights 14. excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim --- 15. if the officer is aware of pending domestic charges, note that-fact in` the narrative 16. if in-car camera recording system was activated ~,:3 F. VICTIM RIGHTS ..._ ~: Chapter 236.12 identifies victim rights which must be provided;to the,.~~ victim in writing and / or verbally. The Iowa City Police Department wilF'' routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. _~.1 . 4 ~= OPS-14.10 G. FOLLOW-UP INVESTIGATIONS All domestic abuse reports shall be forwarded to the domestic abuse investigator for review. Useful information not obtained in the initial report gathering stage may require afollow-up investigation. History of domestic abuse, past requests for service with observance of frequency of occurrence noted, interview of witnesses and any other information applicable may be included. Follow-up photographs may be taken as injuries change in their appearance. Other photographs may be taken as part of the investigation, however, all photographs shall be appropriately documented. If an emergency 9-1-1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. H. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must honor the law reciprocally. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officef, and /=- or ECO, the watch commander /supervisor. shall be immediately notified. Following an assessment of the circumstances, a determination shall be, -a made as to strategy for resolution of the call. Special Response Tean- (SRT) and/or Crisis Negotiation Team (CNT) protocol and personnel .may,. -' determine this strategy. ._,~ ~~ J. OFFICER TRAINING ~°~ In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Department will routinely offer training in regard to domestic abuse. Training will be provided by both in-house staff, as well as utilizing outside authorities as available. OPS-14.11 K. OFFICERS CHARGED WITH DOMESTIC VIOLENCE Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out-of-state, are identified as a suspect, the watch commander / supervisor will be immediately notified. If the person arrested/suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander /supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. r Sam el Hargadin hief o Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis ,for ,departmental administrative sanctions. ,.~ `: LEG-03.1 ~e', o~ c IELD INTERVIEWS . ~°~ ;~ F ~~ AND "PAT-DOWN" SEARCHES Date of Issue General Order Number October 13, 1999 99-12 Effective Date Section Code ~--- November 7, 2009 LEG-03 Reevaluation Date Amends /Cancels October 2010 C.A. L. E.A. Reference 1.2.3, 1.2.4 INDEX AS: Field Interviews Field Information (FI) Cards Pat-Down Searches Searches .a t I. PURPOSE The purpose of this policy is to assist officers in determining when field interviews and pat-down searches are warranted and the manner in which they shall be conducted. II. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform pat-down searches in conformance with procedures set forth in this policy. LEG-03.2 III. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat-Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being or is about to be committed. _ IV. PROCEDURES `~y Y, ~:x9 ~~, A. FIELD INTERVIEWS . r_ 1. Justification for conducting a Field Interview - Officers ~ #nay shop individuals for the purpose of conducting a field interview only wk~re reasonable suspicion is present. Reasonable suspicion must be more than a hunch or feeling, but need not meet the test for probable cause sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in criminal activity; b. The actions of the suspect suggest that he/she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's presence in the area; d. The suspect's presence in a location is inappropriate; e. The suspect is carrying a suspicious object; f. The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon; g. The suspect is in proximate time and place to the alleged crime; h. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 2. Procedures for initiating a Field Interview -Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he/she has an articulable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify him/herself as a member of the Iowa City Police Department, and if LEG-03.3 not in uniform, the officer shall announce his/her identity and display departmental identification. b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. e. Officers are not required to give suspects "Miranda" warnings in order to conduct field interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and write the incident number on the FI card. Field Information Cards should be submitted to the Records Division. Upon entry of basic information from the FI card into the records system (name, address and telephone number) as well as information regarding the purpose for the field interview, Records shall forward the original FI cards to the Lieutenant of Investigations. This function may also be accomplished by;~#he use of warning citations. B. PAT-DOWN SEARCHES _, ,. 1. Justification for conducting Pat-Down Searches: An officer has the ngfi~ to ~~ perform a pat-down search of the outer garments of a suspect` for weapons if he/she has been legitimately stopped with reasorle suspicion and only when the officer has a reasonable fear for his/her own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting spat-down search. Following are some criteria that may form the basis for establishing justification for performing apat-down search. Officers should note that these factors are not all-inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. LEG-03.4 a. The type of crime suspected -particularly in crimes of violence where the use or threat of deadly weapons is involved. b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. d. Prior knowledge of the suspect's use of force and/or propensity to carry weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing aPat-Down Search a. When reasonable suspicion exists to perform apat-down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only be performed to protect the safety of .officers and others and may never be used to harass individuals or groups of individuals or as a pretext for obtaining evidence. Under these circumstances, pat-down searches should be conducted in the following manner. 1) When possible, pat-down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat-down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat-down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the officer may make an arrest of the suspect and complete afull-c~rstody ;', search of the suspect. b. It is emphasized that none of these requirements preclude officers from requesting consent from the individual for a more thorough search, . i.e.: __. backpacks, bags etc. ~y- 3. if during the course of an authorized pat-down search of an individual, an ~,j? officer comes upon an item that the officer readily recognizes through his/her experience and training is probably contraband, the officer may remove the item from the suspects clothing. If upon further examination the seized item is of a nature for which the possession of is crime, the LEG-03.5 officer may make an arrest of the suspect and complete afull-custody search of the suspect. Samuel Hargadine, 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. "a -~:~, .. _ ~t Y t r_.. iZJ IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT June 2009 Ofc # Date Inc# Incident Force Used 2009 06/07 6-01 28122 Disturbance Officers used hands-on control techniques to arrest and transport an aggressive and assaultive 51 6-OS 28787 Armed Subject 06/29/ 6-10 29843 OWI 45/43 51 6-11 29872 Hit and Run Accident erson. While investigating a report of a man with a gun, an officer detained four suspects at gunpoint (a handgun was found by officers). Officers used hands-on control techniques to arrest and transport an agitated person seemingly intent on harming himself. An officer used hands-on control techniques and discharged a Taser to arrest an assaultive and intoxicated driver. 32 6-11 30054 Traffic Stop An officer used hands-on control techniques to capture and detain a fleeing, resistive subject. 51 6-12 30070 Fight An officer used hands-on control techniques and discharged a Taser while controlling an uncooperative combatant. 44 6-13 30393 Fight At a supervisor's instruction, an officer discharged a Taser during the apprehension of a fleeing suspect that had just repeatedly stabbed his victim. 06/07/ 6-14 30524 Weapons Officers displayed firearms while confronting an 33/35/ Offenses agitated person armed with a long gun that had 36 been threatening his neighbors. 59 6-21 31578 Disorderly An officer used hands-on control techniques and Conduct discharged a Taser to control and arrest an agitated and physically uncooperative person. 20 6-25 32218 Armed Subject An officer displayed his sidearm while arresting a suspect that had fled from officers investigating a report of a man threatening other persons with a gun. 85/88/ 6-25 32218 Search Warrant Members of the tactical team displayed firearms 93/04/ while serving ahigh-risk search warrant related 16/22/ to a weapons offense. A K-9 unit was also used 25/29/ to search for suspects hiding in the, residence. 49/51 / 54/55/ :. 59 - -= lrva " < ~~~~ Y J A , -- v 99/85/ 6-30 33270 Search Warrant Members of the tactical team displayed firearms 93/04/ while serving ahigh-risk narcotics search 06/08/ warrant at a location where weapons had 16/22/ previously been present. 25/29/ 34/35/ 49/51 / 54/55/ 59 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT July 2009 Ofc # Date Inc # Incident Force Used 2009- 46/15 07-01 33448 Assist Other Agency 09/43 07-05 34156 Disorderly Conduct 13/43 07-18 36461 Domestic Assault 11/43/ 07-19 36648 Fight 54/55 32 07-26 37801 Out w/ Subject 07/32/ 07-31 38743 Armed Subject 27 11 07-31 38740 Armed Subject Officers displayed sidearms while assisting another law enforcement agency conducting a felony car stop of a stolen car whose occupants were possibly armed. Officers used hands-on control techniques and discharged Tasers to control and arrest an aggressive combatant. Officers used hands-on control techniques and displayed a Taser to control and arrest an assailant. Officers used hands-on control techniques and OC (pepper spray) to arrest combatants. An officer used hands-on control techniques to guide and transport a passive resistive prisoner. Officers displayed sidearms while conducting a high-risk stop of a vehicle after one of the occupants reportedly threatened another person with a handgun. An officer displayed her sidearm while arresting a suspect that had fled from officers investigating a report of a man threatening another person with a gun. /-~~,, V Ct„j ~ ~o ~ IOWA CITY POLICE DEPARTMENT -}-' USE OF FORCE REPORT a c ~v ~ August 2009 ~ Ofg# . .~ to Inc # Incident Force Used ~°, 2009- 09 08-01 38973 Fight Officer used OC to stop a fight separate combatants. 32 08-02 39187 Fight Officer used hands-on control techniques to arrest and transport a resistive combatant. 57/60 08-02 39312 Domestic Officers used hands-on control techniques to Assault arrest the assailant. 98 08-03 39411 Injured Animal Officer discharged his sidearm to destroy a critically injured deer. 60 08-04 39649 Disturbance Officer used hands-on control techniques and displayed a Taser to arrest an assaultive subject. _ 29 08-OS 39682 Car/Deer Officer discharged his sidearm to destroy a Collision critically injured deer. 84 08-09 40420 Shots Fired Officer displayed his sidearm while arresting two subjects, one of whom had fired a handgun outside of a local bar. 16/40 08-14 41390 Assault Officers used hands-on control techniques to arrest a physically resistive assailant. 20/59 08-21 42812 Fight Officers used hands-on control techniques to arrest a fleeing, then resistive assailant. 08 08-22 43084 Fight Officer discharged a Taser to stop a combatant from repeatedly striking another. 50/58 08-23 43411 Fight Officers used hands-on control techniques to arrest a physically resistive combatant. 02/08 08-24 43596 Suspicious Officers used hands-on control techniques to Activity detain a delusional, resistive subject and transport him for evaluation/treatment. 04 08-22 43078 Out with Officer saw an intoxicated person accosting Subject others. Officer used OC and hands-on control techniques to arrest the resistive subject following a foot pursuit. 60 08-23 43377 Out with Officer used hands-on control techniques to Subject arrest a resistive, fleeing and intoxicated subject. 13 08-25 44060 Fight Officer used hands-on control techniques to arrest and transport a resistive and intoxicated subject threatening to harm herself. 20/59 08-27 44315 Fight Officers used hands-on control techniques to arrest and transport a resistive and intoxicated subject attempting to take a police car. 30 08-28 44739 Injured Animal Officer discharged sidearm to destroy an injured deer. 27 08-31 45477 Robbery Officer displayed his sidearm while searching for, and arresting, an armed (handgun displayed) robbery suspect. o .~ ~ ~ ~o ac ~ ~ °` ~~ ....~ c°~ 7- V ...r ~i . ~,. °~ F--Q ~' o o• d a _. ~1L~~ IOWA CITY POLICE DEPARTMENT 2009 OEC -2 Pf1 2~ 03 CITY' CLERK 16~/~ Cl~t~OW,~nc # 2009- USE OF FORCE REPORT September 2009 Incident Force Used 12 09-03 45908 Fight Officer used hands-on control techniques to arrest and transport a resistive subject. 38 09-03 45964 Domestic Officer displayed a Taser to stop an assault and Assault to gain compliance from the assailant. 13 09-03 46075 Traffic Stop Officer briefly initiated a vehicle pursuit (then discontinued) when violator drove away during a traffic stop. 84/18/ 09-OS 46756/ Burglary Officers used hands-on control techniques and 32/55 46767 discharged a Taser (drive-stun) to control and arrest a combative suspect under the influence of 85 09-06 46801 Assault Officer used hands-on control techniques to arrest a resistive and intoxicated subject. 13 09-06 46954 Arrest Warrant Officer initiated a vehicle pursuit when a wanted subject (felony warrants) drove away after being stopped. Subject was arrested when he subsequently stopped and surrendered. 89/34/ 09-07 47179 Disturbance Officers used hands-on control techniques to 42 arrest a combative and intoxicated subject 89/45/ 09-09 47510 Collision 57 48 09-17 49033 Traffic Stop 02/57 09-18 49154 Disturbance 27/31 09-19 49387 Intoxicated Driver Officers used hands-on control techniques to restrain a combative and intoxicated driver who had intentionally and repeatedly rammed another occupied vehicle with his vehicle. Officer briefly initiated a vehicle pursuit (then discontinued) when violator drove away during a traffic stop. Officers used hands-on control techniques to arrest a resistive subject believed to be armed with a handgun. Officers used hands-on control techniques to detain a resistive and intoxicated driver. 06/57 09-19 49522 Fight Officers used hands-on control techniques and discharged a Taser to control and arrest an aggressive combatant. 26/37 09-25 50636 Public Assist Officers used hands-on control techniques to arrest and transport a resistive violator. 20/55 09-26 50844 Out with Officers used hands-on control techniques to Subject arrest a fleeing and intoxicated subject who continued to resist once apprehended. 30 09-30 51746 Domestic Officer used hands-on control techniques to Assault arrest a resistive assailant. December 8, 2009 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #09-03 Filed: 06/09/09 Chief's Report due (90days): 09/08/09 Chief's Report filed: 09/03/09 PCRB Mtg #1 (Review & Assign) 09/08/09 PCRB Mtg #2 (Review Draft #1 Report) 10/13/09 PCRB Mtg #3 (Review Draft #2 Report) 11/03/09 PCRB Mtg #4 (Review Draft #3 Report) 12/08/09 PCRB Report due (45days): 10/19/09 PCRB 60-day Ext Request: 12/18/09 PCRB Complaint #09-04 Filed: 06/25/09 Chief's Report due (90days): 09/23/09 Chief's Report filed: 09/18/09 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 10/13/09 PCRB Mtg #2 (Review Draft #1 Report) 11/03/09 PCRB Mtg #3 (Review Draft #2 Report) 12/08/09 PCRB Report due (45days): 11/02/09 PCRB 45-day Ext Request: 12/17/09 PCRB Complaint #09-05 Filed: 06/30/09 Chief's Report due (90days): 09/29/09 Chief's Report filed: 09/23/09 PCRB Mtg #1 (Review) 10/13/09 PCRB Mtg #2 (Review) 11/03/09 PCRB Mtg #3 (Review & Assign) 12/08/09 PCRB Report due (45days): 11/09/09 PCRB 60-day Ext Request: 01/08/10 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS October 2009 Date Description 10-8-09 Call regarding complaint process. POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS November 2009 Date Description None Pc~licc Legal. Sciences, ~,u Iowa Police Law Lesson Plan November 2009 .a :,. J PLS Goal The goal of Police Legal Sciences, Inc. is to stren¢then a law enforcement professional's caaacity to make good decisions. A good decision is defined as one that: a) is ethical; b) correctly follows the applicable statutory and case law of the specific jurisdiction; and c) promotes respect for the law and for law enforcement officers. LESSON OBJECTIVES This lesson consists of five sections which address the following questions: Section 1: When has a suspect "clearly and unequivocally" invoked his right to counsel? Section 2: When is a police officer liable for money damages for allegedly committing the tort of false arrest? Section 3: When does an officer responding to the report of crime have reasonable suspicion to make an investigatory stop? Section 4: Can an officer's use of his personal relationship to a suspect impact the admissibility of a confession? Section 5: What types of laws regulate service dogs under state and ADA rules. LESSON TOPICS On July 17, 2009 the Iowa Supreme Court decided the case of the State of Iowa v..Iames Carson E,~j4er, in which the defendant challenged his conviction for the crimes of kidnapping and sexual abuse. Subtopics: Miranda Advisory Cessation of Questioning Ambiguous Request On July 22, 2009 the Court of Appeals of Iowa decided the case of the Bruce Buldhaupt v. City of Des Moines, in which the plaintiff sued the police defendants for false arrest. Subtopics: Tort False Arrest Essential Elements Probable Cause Failing to Cooperate On July 22, 2009 the Court of Appeals of Iowa decided the case of the State of Iowa v. Anthony Lee Sherrod, in which the defendant challenged his conviction for armed robbery. Subtopics: Exception to Warrant Mere Presence Investigatory Stop Reasonable Suspicion On July 2, 2009 the Court of Appeals of Iowa decided the case of the State of Iowa v. Daniel Alan Blair, in which the defendant challenged his conviction for the crime of murder. Subtopics: Voluntary Statements Establishing Voluntariness Inducements The section addresses the provisions of the Americans with Disabilities Act that relate to the rights of persons with service animals. Subtopics: ADA -Service Animals Application of Law Criminal Penalties .~ ~~~ ~a N~ .. Copyright ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 52353 ~,~ Sciences, Iowa Police Law Analysis & Application November 2009 Section 1 State of Iowa v. Effler the Right to Counsel ~_ , - . .. ,_, ,, ... -- _,. _~- ;._ On July 17, 2009 the Iowa Supreme Court decided the case of the State of Iowa v. James Carson Effler. In this case the defendant was arrested and prosecuted in Polk County for the crimes of kidnapping and sexual abuse. The decision of the court and its reasoning will be examined below. Questions based on the facts of this case and questions testing comprelrensioa of the legal principles underlying the decision will be presented in the interactive, computer-based part of the lesson. State oflowa v. James Eder, 2©09lowa Sup. LEXIS S0. Primary Case Facts. The defendant, James Effler, abducted a 2-year-old girl in a public library, took her into a restroom, and attempted to sexually abuse her. The girl's babysitter and the library staff forced their way into the locked restroom, rescued the girl, detained Effler, and called police. Officers arrested Effler and transported him to the police station for questioning. A detective activated a video camera and noted that Eider smelled strongly of alcohol. Effler asked the detective if he was a lawyer to which the detective said "No." Effler asked the detective if it was true that he was only being booked for public intoxication right now. The detective advised him that he had not even been booked yet. Effler then stated, "So I'm being released?" The detective replied that "intox people" are usually kept overnight and a judge usually lets them out in the morning. The detective then began to read Effler his Miranda rights. Seconds after the officer read the phrase "I do not want a lawyer at this time," Effler intemtpted and said, "I do want acourt- appointed lawyer." The detective said, "Okay." Then Effler said, "If I go to jail." The detective responded by saying, "Let me finish this and then we'll talk." The detective fmished reading the form, and Effler started making numerous requests for a cigarette. After Effler had a cigarette, the detective reminded him of his rights and Effler stated, "I akeady know them." Effler went on to confess to the abduction and was charged with the crimes of first-degree kidnapping, second-degree sexual abuse, and failure to register as a sex offender. The defense claimed that the police had violated the defendant's Fifth Amendment right to counsel. They claimed that police should have ceased questioning the defendant when he made the statement, "I do want acourt-appointed lawyer...if I go to jail." Because they failed to stop their questioning, the defense argued, the defendant's incriminating statements should be suppressed. -Outcome of the Case. The Iowa Supreme Court justices were evenly split in their vote on this case should come out, which by law resulted in the decision of the trial judge being affirmed: 1) ruling that the defendant's Fifth Amendment rights were not violated; and 2) remanding the case back to the lower court for trial. -Court Reasoning In reaching its decision, the court reasoned as follows: 1. The defendant was the subject of a custodial interrogation. 2. The defendant was properly administered his Miranda warnings. 3. The trial judge determined that when the defendant stated: "I do want acourt-appointed lawyer...if I go to jail." he was not clearly and unequivocally requesting an attorney. 4. Because the justices of the Iowa Supreme Court were equally divided on the question of whether the defendant had irrvoked his Fifth Amendment right to counsel, the decision of the trial judge stood. -Legal Principles. An understanding of the following legal principles will help explain the court's decision in the case: Miranda Advisory. The U.S. Constitution requires police to inform a suspect that he has a right to remain silent and a right to counsel during a custodial interrogation. Absent Miranda warnings and a valid waiver of those rights, statements made during an interrogation are inadmissible. Miranda v. Arizona, 384 U.S. 436 (1966). Cessation of Questioning. When a suspect clearly invokes his right to counsel during a custodial interrogation, the police must stop questioning him immediately until an attorney is present. Edwards v. Arizona, 451 U.S. 477 (1981). Page I of 6 Copyright ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 52353 Ambiguous Request. Questioning need not cease "if a suspect makes a reference to an attorney that is ambiguous or equivocal in that a reasonable officer in light of the circumstances would have understood only that the suspect might be invoking the right to counsel." Davis v. United States, 512 U.S. 452 (1994). ._ SeCtIOII 2 Buldhaupt v. City of Des Moines Sued for False Arrest '~ On July 22, 2009 the Court of Appeals of Iowa decided the case of the Bruce Buldhaupt v. City of Des Moines.. In this case the plaintiff Buildhaupt sued the defects (including certain named police officers) in Polk County-for several torts including false arre~. The decision of the court and its reasoning will be examined below. Questions based on the facts of this case and questions testing comprehension of the legal principles underlying the FkCision will be presented in the interactive, computer-based part of the lesson. - Bulcltiaapt v. City of Des MoDtes, 20091owa App LFXIS 676. ..,. Primary Case Facts. Bruce Buldhaupt had an argument with his daughter and her boyfriend, both of whom lived next door. The daughter called 911 and two officers were dispatched to the scene shortly after midnight. While Officer N. interviewed the daughter, Officer T. went to Buldhaupt's home where Mrs. Buldhaupt was sitting on the front steps. As Officer T. approached her and advised that he understood there was a problem, she got up and went in the home to fmd her husband. Officer T. followed her inside. Seeing Officer T. inside his home, Buldhaupt ordered the officer to leave. Officer T. told Buldhaupt he was conducting an investigation and asked him to step outside to talk with him. When Buldhaupt refused, Officer T. stated he was going to arrest him. Buldhaupt sat down on the couch; Officer T. approached to handcuff him; and a physical altercation ensued. Having heard yelling, Officer N. entered the home. The officers eventually removed Buldhaupt from the couch, handcuffed him and removed him from the residence. He was placed in a transport van, taken to jail, and charged with interferer~e with official acts and resisting arrest. Buldhaupt received injuries from the altercation, including a cracked sternum. When the charges were later dropped, Buldhaupt and his wife sued the arresting officers and their employer, the City of Des Moines for unlawful entry and false arrest. The defense claimed that the civil suit against the defendant police officers should be dismissed because they had a good faith and reasonable belief in the legality of their actions. They argued that there was probable cause to arrest the plaintiff and that the plaintiff was not entitled to any damage award. -Outcome of the Case. The Court of Appeals for Iowa: 1) rejected the defense arguments and ruled that it was appropriate for a jury to conclude that the officers had made a false arrest and an unlawful entry; and 2) affirmed the outcome of the case in the lower court, fmding against the officers. -Court Reasoning. In reaching its decision in the case the court ruled as follows: 1. When the officers arrived at the scene there was no crime in progress. 2. The officers had no grounds upon which to arrest the plaintiff, who was sitting on a couch inside his own residence. 3. Neither the plaintiff nor his wife had summoned the officer to the scene. 4. If the officer initially believed he had consent to enter the plaintiffs residence, the plaintiff immediately informed him that he did not. 5. Instead of leaving the premises and allowing the plaintiff to exercise his rights of privacy in his own residence, the officer (who was joined by a second officer) initiated arrest procedures that would lead to the plaintiff's suffering a broken sternum. 6. A jury could reasonably fmd that the plaintiff had been falsely arrested and suffered an injury, pain and suffering as a result. -l:egal Principles. An understanding of the following legal principles will help explain the court's decision in the case: Tort. A "tort" is a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, aml for which the injured party is entitled to compensation. Black's Law Dictionary. False Arrest. A false arrest is one way of committing the tort of false imprisonment -- restraining freedom of movement. Nawtwr a Mathers, 271 N.W. 321 (lava 1937). Essential Elements. The essential elements of the tort of false arrest are (1) detention or restraint against one's will and (2) unlawfulness of the detention or restraint. Yaladez v. City ofDes Moines, 324 N.W.2d 47S (lava 1982). .,.' i ~:_ ~.,:. ds a.,~:, -1 Page 2 of 6 Copyright ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 52353 Probable Cause. Probable cause exists where "the facts and circumstances within their [the officers'] knowledge, and of which they had reasonably trustworthy information, [are] sufficient in themselves to warrant a man of reasonable caution to the belief that" an offense has been or is being committed. Children x Burton, 331 N.W.2d 673 (lava 1983). Failing to Cooperate. "Simply 'object[ing]' or even passively 'failing to cooperate' with law enforcement officers does not provide arguable probable cause..." McCabe v. Macaulay, SIS F. Supp.2d 944 (N.D. Iowa 2007). --- Section 3 State of Iowa v. Sherrod Reasonable Sus icion to Sto On July 22, 2009 the Court of Appeals of Iowa decided the case of the State of Iowa v. Anthony Lee Sherrod In this case the defendant was arrested and prosecuted in Pottawattamie County for the crime of armed robbery: The decision of the court and its reasoning will be examined below. Questions based on the facts of this case acid questions testing comprehension of the legal principles underlying the decision will be presented in the interactive, computer-based part of the lesson. State oflowa x AnthonySherror~ 20091owaflpp. I.EXIS 67. Primary Case Facts. At approximately 12:02 p.m. police received a report that anAfrican-American male had just robbed a credit union wearing a light blue coat, baggy blue jeans, and heading east on Avenue A. Within approximately one minute, about four and one-half blocks from the credit union an on-duty officer saw the defendant, Anthony Sherrod, an AfricarhAmerican male, wearing dark clothing "jogging, walking real fast" head east on Avenue A. At approximately 12:04 pm, the officer exited his vehicle and ordered Shen od to the ground. Sherrod was breathing heavily and sweating. Several uniformed officers and detectives arrived; an officer handcuffed Shertrod while a second officer read him his Miranda rights. A third officer conducted a pat down search for weapons and discovered a mesh laundry bag full of cash in the beltline of Sherrod's pants. The search officer stated that when she touched the beltline area she knew she was not touching a weapon, but because of the sound of paper rustling and the fact that she was investigating a robbery, she believed she was feeling the stolen cash. Although witnesses had reported that the robber had a gun, officers did not find a weapon on Sherrod. Officers then searched the path between the credit union and the location of Sherrod's arrest and found a pair of gloves, a light blue coat, a stocking hat, and a BB pistol that looked like a gun. The defense claimed that the officer's initial detention violated the defendant's Fourth Amendment rights. They argued that the officer lacked reasonable suspicion for making the stop. If the officer violated the deferxiarrt's Fourth Amendment rights, then all of the evidence seized from the defendant as a result of the defendant's illegal seizure, according to the defense, should be suppressed. With all of the evidence suppressed, the defense reasoned, there would be insufficient evidence to sustain a conviction and the criminal charges against the defendant would have to be dismissed. -Outcome of the Case. The Court of Appeals of Iowa: 1) found that the officer's detention of the defendant was based on reasonable suspicion; and 2) affirmed the defendant's conviction for second-degree robbery. -Couty Reasoning. In reaching its decision, the court ruled as follows: 1. The officer received the report of a specific crime (robbery) that had happened perhaps as recently as a minute earlier and probably no more than a few minutes earlier. 2. The officer was provided the description of the robber, his clothing, his means of transportation (by foot), the street upon which the robber was last seen, and his direction of travel. 3. The officer saw the defendant who, except for lacking a light blue jacket, fit the description of the robber, his means of transportation, the street the robber was last seen, and the direction of travel. 4. The defendant was "jogging, walking real fast" at a location (i.e. four and one-half blocks) consistent with having fled the robbery scene a minute or so earlier. 5. The officer possessed sufficient probable cause to make an investigatory stop of the defendant. 6. All of the incriminating evidence discovered and seized following the defendant's stop should be admissible. -I.egal Principles. An understanding of the following legal principles will help explain the court's decision in the case: Exception to Warrant. "One exception to the warrant requirement allows an officer to stop an individual... for investigatory purposes based on a reasonable suspicion that a criminal act has occurred..." State v. Kreps, 6S0 N. W. 2d 636 (Iowa 2002). ,.., __ ~s ..._ ,, r~ Page 3 of 6 Copyright ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 52353 Mere Presence. "An individual's presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime." Illinois v. Wardlow, 528 U.S. 119 (2000). Investigatory Stop. This stop is a "seizure" within the meaning of the Fourth Amendment. An investigatory stop is lawful if the officer can "point to specific and articulable facts, which taken together with rational inferences from those facts, reasonably warrant that intrusion." State v. Kreps, 650 N. W.2d 636 (lava 2002). Reasonable Suspicion. Reasonable suspicion is an objective test determined in light of the totality of the circumstances. A good test of reasonable suspicion is whether "the possibility of criminal conduct was strong enough that, upon an objective appraisal of the situation, we would be critical of the officers had they let the event pass without investigation." Wayne R. LaFave, Search and Seizure ,¢ 9.4(b), at 148 (3d ed. 1996). Section 4 State of Iowa v. Blair Conductin a Personal Interco ation On July 2, 2009 the Court of Appeals of Iowa decided the case of the State of Iowa v. Daniel Alan Blair. In this case the defendant was arrested and prosecuted in Boone County for the crime of murder. The decision of the court and its reasoning will be earamined below. Questions based on the facts of this case and questions testing comprehension of the legal principles underlying the decision will be presented in the interactive, computer-based part of the lesson. State oflowa v Daniel Alan Blair; 2009IowaApp. LEXIS 667. Primary Case Facts. Shane Hill called a 911 dispatcher twice to report that he had accidentally shot himself. He died shortly thereafter. A sheriff s investigation revealed that Hill had actually been the victim of a homicide. The investigation focused on Hill's wife and the defendant, Daniel Blair, the man with whom she was having an affair. Several sheriff deputies were involved in the investigation, including Deputy K. who had known Blair from when Blair had been a minor in foster care. This deputy served as Blair's temporary foster parent for approximately two to three weeks in the late 1980s or early 1990s and, a decade later hired Blair to perform some work around his home. Deputy K. and Blair had not had any contact for nearly nine years. After Hill's death, the deputy contacted Blair and arranged to pick him up and escort him to the police station for an interview. The interview lasted approximately an hour. The deputy later picked Blair up for a second interview that lasted a little more than two hours. During the first interview, Deputy K. referenced his prior associations with Blair. "You know I think over the years I've - I know Ibe booted your butt to go get your tratTic fines paid. I know I booted your butt, in fact, I even gave you money once to get your auto insurance, am I right? During the second interview, Deputy K. again reminded Blair of their past association stating, "You were my foster child for how long, a while anyway?" The deputy then asked whether he had always been honest with Blair, and asked whether he tried to get Blair to "do things the right way." Later in the interview, the deputy twice urged Blair to be a "big boy." The fast time he stated, "I'm not going to think less of you, Dan, in fact, I'll probably think more of you because, you know what, you were a big boy and you stood up and you told me what you did." The second time, he stated, "You were on the farm, this is where you need to step up to the plate and be a big boy. I think it's pretty damn sad, Dan, when you can take somebody's life and not stand up and be accountable for it?" Deputy K. also demanded that Blair look at him and not the floor. He scolded Blair for nodding instead of answering verbally and sat close to him during the second interview. Blair eventually confessed to his involvement in the death of Shane Hill and was charged with first-degree murder. The defense claimed that the deputy sheriff violated the defendant's Fifth Amendment rights. They argued that the deputy sheriff used his past, personal, paternal relationship with the defendant to overbear the defendant's will and render his confession involuntary and that the involuntary confession must be suppressed, forcing the police and prosecutors to try the case without the benefit of an important piece of incriminating evidence. . . -Outcome of the Case. The Court of Appeals of Iowa: 1) rejected the defense claims that the confession had been green involuntarily; and 2) affirmed the defendant's conviction for first-degree murder. -Court Reasoning. In reaching its decision, the court reasoned as follows: 1. The deputy had not had any contact with the defendant for the previous eight or nine years. 2. There was not a close relationship between the deputy and defendant. Page 4 of 6 CopyrigLt ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 5?353 ,,'a ~_,; V'I ^a :_.,: 3. While referencing their past association and encouraging the defendant to be "a big boy," nothing said or done by the deputy was sufficient to constitute a promise or a threat that would render the defendant's confession involuntary. 4. The defendant's confession was voluntary and was properly admitted against him. -Legal Principles. An understanding of the following legal principles will help explain the court's decision in the case: ~~ Voluntary Statements. Statements are voluntary if they were the product of an essentially free and unconstrained choice, made by the defendant whose will was not overborne or whose capacity for self- determination was not critically impaired." State v. Payton, 481 N. W.2d 325 (Iowa 1992). Establishing Voluntariness. In order to establish the voluntariness of a defendant's inculpatory statements, the police and prosecutor must demonstrate from the totality of circumstances that the statements were the product of an essentially free and unconstrained choice, made by the defendant at a time when his will was not overborne nor his capacity for self-determination critically impaired. State v. Cullison, 227 N. W. 2d 121 (Iowa 1975). Inducements. An officer can ordinarily tell a suspect that it is better to tell the truth. The line between admissibility and exclusion seems to be crossed, however, if the officer also tells the suspect what advantage is to be gained or is likely from making a confession. Ordinarily the officer's statements then- become promises or assurances, rendering the suspect's statements involuntary. _, State v. Mullin, 8S N. W.2d 598 (Iowa 1957). , •, ;..~ Section 5 Rervice Animalc __. The final section of this month's lesson will address the provisions of the Americans with Disabilities Aft that relate to the rights of persons with service dogs. Questions based on the ADA regulations and questions-'testing comprehension of the regulations will be presented in the interactive, computer-based part of the lesson. t~ ADA -Service Animals. Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires businesses to allow people with disabilities to bring their service animals onto business premises in whatever azeas customers are generally allowed. An individual with a service animal may not be segregated from other customers. -ADA v. State & Local Law. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations. In the event the ADA is in conflict with any state, county, or municipal ordinance, tbe ADA controls. A business that refuses to admit any type of service animal on the basis of local health department regulations or other state or local laws is in violation of the ADA. In an effort to codify the state's effort to comply with the federal ADA Iowa law provides the following: "It is the policy of this state to encourage and enable persons who are blind or partially blind and persons with physical disabilities to participate fully in the social and economic life of the state and to engage in remunerative employment. To encourage participation by persons with disabilities, it is the policy of this state to ensure compliance with federal requirements concerning persons with disabilities." Iowa Code section 216C.1. -Federal Definition. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. [If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.] -State Law Definition. A "service dog" means a dog specially trained at a recognized training facility to assist a person with a disability, whether described as a service dog, a support dog, an independence dog, or otherwise. "Assistive animal" means a simian or other animal specially trained or in the process of being trained under the auspices of a recognized training facility to assist a person with a disability. -Functions. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. "Guide dogs used by blind individuals are the type of service animal with which most people are familiaz. But there aze other types of service animals, ones that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include: 1) Alerting persons with hearing impairments to sounds or potential dangers; 2) Alerting persons when a seizure is imminent; 3) Pulling wheelchairs or carrying and picking up things for persons with mobility impairments; and 4) Assisting persons who have mobility impairments with balance. r ~ .i ~~ Page 5 of 6 Copyright ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 52353 -AppGcation of Law. Several screens in this section refer to "places listed in sections 2160.3 and 2160.4. To avoid repeating the places listed in these two sections, they are set forth here: Iowa Code Section 2160.3 refers to: "streets, highways, sidewalks, walkways, public buildings, public elevators, public facilities, and other public places." Iowa Code Section 2160.4 refers to: "...all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats, other public conveyances or modes of transportation, hotels, lodging places, eating places, places of public accommodation, amusement, or resort, and other places to which the general public is invited." Iowa Code Sections 2160.3 & 2160.4. -Access. Every blind or partially blind person shall have the right to be accompanied by a guide dog, under control and especially trained for the purpose, in any of the places listed in sections 2160.3 and 2160.4 without being required to make additional payment for the guide dog. A landlord shall waive lease restrictions on the keeping of a guide dog for a blind person. The blind person is liable for damage done to the premises or facilities by a guide dog. Iawa Code section 2160.5 -POLICY CONSIDERATION. An agency may fmd it useful to discuss establishing a policy to deal with this issue if it has not akeady done so. As a starting point for discussion, the FAA has established a policy in its effort to comply with the ADA that would be adaptable and applicable to law enforcement: The FAA Policy reads: "Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags OR THE CREDIBLE VERBAL ASSURANCES. of the qualified individual with disabilities using the animal." -Criminal Penalties. Any person, Earn, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the rights of any person under this chapter shall be guilty of a simple misdemeanor. Iowa Code section 2160.7. A person who denies or interferes with the right of a deaf or hard-of-hearing person under this section is, upon conviction, guilty of a simple misdemeanor. Iowa Code section 2160.10. -Rights of Dog Trainers. A person with a disability or person training an assistive animal has the right to be accompanied by a service dog or an assistive animal, under control, in any of the places listed in sections 2160.3 and 2160.4 without being required to make additional payment for the service dog or assistive animal. A person who knowingly denies or interferes with the right of a person under this section is, upon conviction, guilty of a simple misdemeanor. Iawa Code section 2160.11(2) & (3). -DOJ -Civil Rights Division. The phone number for the ADA Information Line at the U.S. Department of Justice is 800-514-0301, ext. 7 (voice) or 800-514-0383 (TDD). The DOJ also maintains a website at: ~r~~~v.ada.~ov Procedures for filing complaints are posted at: w~~w. asdoj .gov/crUada/t3compfm.htm Police Legal Sciences, Inc. P.O. Boz 52 Washington, Iowa 52353-0052 319-351-5001 87753-5366 (Toll Free) e-mail: nlsnn,oolicelegalsciences.com www.policele~alsciences.com All these materials, including this Iowa Police Law Analysis & Application are copyright© 2009 by Police Legal Sciences, Inc. No part of this publication may be reproduced without written permission. ~ J c~ ~_J y~ ~J ~..~. _ . .Mtl`{~ Page 6 of 6 :, - _. , ~:v Copyright ®2009 Police Legal Sciences, Inc. P.O. Box 52, Washington, IA 52353 V'! ~y - ~~.~s g p-~tL~ 1 L ~ S meeting places in Iowa City. Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 9. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact, copies if in writing or a synopsis if verbal. ,` Section„ 1. nflict of Interest. Members who believe they have a conflict of interest on a matter a o come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Iowa City Police Citizens Review Board shall have the powers and duties- set forth in Chapter 8 of the City Code of Iowa City. ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose information protected by the Iowa [dYIZ t letter to City Council; from PCRB] [matters in italics are for PCRB discussion) Re: November 18, 2009 Police Citizen Review Board Community Forum The second annual Police Citizen Review Board Community Forum was held at 7:00 pm on Wednesday, November 18, 2009, in Emma J. Harvat Hall, 410 E. Washington Street. The purpose of this letter is to summarize the Community Forum and to set forth the PCRB's report and recommendations to the City Council. A copy of the transcript of the Community Forum is available from the City Clerk. The meeting was called to order at 7:00 pm by Don King, Chair. Other members present were Janie Braverman, Joseph Treloar (7:14) and Vershawn Young. Abbie Yoder was absent. Catherine Pugh, Legal Counsel; Kellie Tuttle, Staff; and Sam Hargadine, Chief of Iowa City Police Department, were also present. We are pleased that Mayor Regenia Bailey also attended. Mr. King announced that copies of the following were available at the door: (i) applications for the 13th Annual Citizens Police Academy, (ii) the PCRB complaint form and information sheet, and (iii) the Iowa City Police Department's written Use of Force Policy, General Order O5. The board members introduced themselves, then Mr. King presented an overview of the PCRB. In addition to describing the PCRB's charge and jurisdictional limits, he reported that during fiscal year July 2008 to June 2009, nine (9) complaints were filed with thirty-three (33) allegations. Of those allegations, thirty-two (32) were not sustained and one (1) was sustained. At the request of the PCRB, Chief Hargadine then gave a presentation on the Iowa City Police Department's Use of Force Policy. Approximately nine (9) members of the public attended. Six (6) residents of Iowa City spoke during the public discussion with the PCRB, including one (1) Iowa City Police Department officer, who spoke as a private citizen. Their comments and questions can be summarized as follows: 1. Location and Format of Community Forum. There appeared to be a consensus among those speaking that the PCRB should hold future forums in differing venues, going to the neighborhoods rather than asking the residents to come to City Hall. There was also a specific request to focus the forum on public discussion rather than presentations by either the PCRB or the ICPD or, at the least, to have the presentations at the end of the forum, rather than the beginning. There was also a suggestion that better publicity was needed. [The PCRB: a. concurs that better public attendance at the forums (and better public access to the PCRB) is desirable b. will (will not) consider future forums elsewhere, with (or without) more public input c. will (will not) hold future forums elsewhere, with (or without) more public input d. has scheduled (intends to schedule) forums for the following neighborhoods: east side; southeast; south; north?; west? e. the PCRB has already undertaken a review of its own policies and procedures - the PCRB will (will not) use additional community forums as a way to obtain residents' input into that process f will (will not) consider making PCRB complaint forms available at locations other than the City Clerk's officer and/or the ICPD -perhaps make them available at the community centers?(will accept forms signed elsewhere and delivered by persons other than the complaining citizen) g. other?J 2. Use of Force. There was lengthy discussion about the ICPD's Use of Force Policy. Questions included whether the police offers were armed with too much weaponry; whether less lethal force could be used other than shooting for center body mass -such as shooting for other body parts or firing warning shots; whether police officers should be given the benefit of the doubt in the event of the lethal use of force; whether police officers have any discretion in the use of lethal or less lethal force; whether a person with a knife is a real threat to a police officer armed with a gun. Training and education were discussed. Several people talked about the value of training, education and more interaction with the community on the part of the ICPD. Concerns were raised about the racial and class overtones of some of the tension in parts of Iowa City. Mr. King mentioned the new Community Crime Prevention Officer. There was discussion as to the source of various portions of the Use of Force policy - local ordinances, state law and federal law as interpreted by the United States Supreme Court - and what it would take to make changes to the policy. Dr. Young pointed out that part of the PCRB's charge is to look at policy so that even if an officer does nothing that is contrary to policy, the PCRB will look at whether the policy is appropriate or should be changed. [The PCRB a. recommends more public education? b. recommends changes in the Use of Force policy? c. will review the Use of Force policy? d. has no recommendations?J 3. Counseling Following Use of Force. In his presentation, Chief Hargardine stated that he had the discretion to send officers involved in use of force resulting in death or serious injury to post-traumatic stress counseling. One resident asked if the PCRB had any information on how many, if any, officers had been sent to counseling. 2 [The PCRB will inquire of the Police Chief and respond to the resident and at a PCRB public hearing.) 4. ICPD Priorities. One resident asked specifically how one would register any kind of opinion about how enforcement priorities are set for the ICPD, whether it would be the PCRB, the City Council, the Police Chief, and/or the City Manager. This is a question that has been raised to the PCRB in the past. [The PCRB: a. will solicit input on enforcement priorities at future forums b. will seek an answer to this question from City Council c. agrees that this is not clear d. other or some combination of the foregoing?J 5. Ammunition Restrictions. One resident asked about ICPD policies with regard to ammunition, expressing a specific concern about the use of hollow point bullets. [The PCRB will inquire and will respond to the resident and at a PCRB public hearing.) 6. PCRB Past Performance. One resident asked whether, in light of the fact that thirty-two (32) out of thirty-three (33) complaints in the last fiscal year were held to be not sustained, the PCRB is doing its investigative job. [The PCRB has already undertaken a review of its own policies and procedures -the PCRB will (will not) address this question as part of that review.) The PCRB is available to discuss any of the foregoing, should the City Council wish. Sincerely, DK, Chair, PCRB 3 DEPARTMENT MEMO #09-41 TO: Chief Hargadine FROM: Captain R. D. Wyss RE: August-September Use of Force Review DATE: 16 November 2009 The "Use of Force Review Committee" met on November 16, 2009. It was composed of Captain Wyss, Sgt. Hurd and Sgt. Kelsay. The review of submitted reports for August (18 incidents-24 reports) and September (15 incidents-27 reports) were completed and revealed no training, policy or safety issues. Of the 33 incidents over the two month period, 5 were for a drawn sidearm or displayed weapons and three of those were for the destruction of animals. OC was deployed on two occasions, and in three incidents a Taser was discharged. On two separate occasions, a Taser was displayed which resulted in compliance without deployment. There were two vehicular pursuits involving three Officers during this time period. Of the 33 incidents reviewed, 5 suspects and 1 Officer had sustained injuries. One incident was referred back to a supervisor to address a report that was not submitted by a back-up Officer. All personnel continue doing a good job in their documentation and review of the reports. Please contact me if you have any questions. ~~~~ d u __=~ ^.7 . =v ~:...J Copy: City Manager, PCRB, Watch Commanders, Review Committee Basis for Pursuit distance Traveled Originating Unit 1 Reasonable Suspicion 1 Less than 1 mile 1 Patrol Division 2 Traffic Misdemeanor 2 From 1 to 3 miles Traffic Division Non-Traffic Misdemeanor From 3 to 5 miles 2 CID Traffic Felony More than 5 miles Community Services Non-Traffic Felony Average Distance Administration Outside Agency Roadblock Data Manner of Pursuit Termination 3 None Used Discretion of Officer Suspect Apprehension Data Stationary Roadblock 1 Order of Supervisor 3 Apprehended Moving Roadblock 1 Traffic Collision (suspect) Not Apprehended Forcible Stopping Maneuver Traffic Collision (police} Roadblock by Outside Agency Voluntary Stop /Surrender Traffic Volume Vehicle Abandoned -Fled 3 Light (L) Maximum Speed Reached Roadblock /Forced Stop Moderate (M) Less than 55 MPH Tire Deflation Device Heavy (H) 2 Between 55 - 74 MPH 1 Other -evasion attempt 1 Between 75 - 99 MPH Light Conditions 100 MPH or Greater Duration of Pursuits 1 Day (D) 3 Average Duration (Minutes) 2 Night (N) TirrtFe of Day 06:00 - 09:59 Roadway Conditions Suspect Vehicle Type 10:00 -13:59 2 Dry 3 Passenger Vehicle (PV) 1 14:00 -17:59 Wet (Rain) Commercial Vehicle (CV) 18:00 - 21:59 1 Ice or Sleet Motorcycle or Moped (M) 22:00 - 01:59 Snow Bus /Common Carrier (CC) 2 02:00 - 05:59 Other Other (O) Suspect Vehicle Ownership Suspect Age Suspect Impairment 2 Owned by Suspect Less than 16 (Juvenile) 3 Alcohol 1 Not Owned by Suspect 16 - 21 Years Old Controlled Substances Stolen Vehicle 2 21 - 30 Years Old Mental Illness Unknown 31 - 40 Years Old No impairment 1 41 or Older Unknown Suspect Race Unknown 3 White Black Suspect Gender Collision Data Collision Class Hispanic /Latino 3 Male No Collision 2 Property Damage Other Female 3 Suspect Vehicle 1 Personal Injury Unknown Unknown 1 Police Vehicle Fatality 1 Other Vehicle - Datakioc\fomts\Pursuit Analysis Data Form.doc STATISTICAL SUMMARY 2008 -PURSUIT EVENT DETAILS :•; Inc. # Date Time Legal Basis Officers DIS DUR MPH T/C APP VT LT TV RD A R S I Terminatia~n 20080- In~•oh-ed T ~ e~ r ~ • ~ . 08988 Febniar<~ 2:3Gatn Dnutk Three 1.5 2 (iU+ Yes Yes PV Night Light Ic}~ 2~l W M Yes Supen-isor 17 Dri~~ing (see #a) (see (see #c) Im•esti ation #b) 26782 Ma}~ 1C S:SSpm Traffic Stop One <1 1 60 Yes Yes PV Da~~ Light Dt,~ ~I W M Yes Crash (see #d) (see (see #fl #e) ~1•l78 Jul}~ 31 3:-L2am In~~estigation One I I 78 No Yes PV Night Light Dn~ 23 W M Yes Stopped ui (see #g) (see (see attempt to #h) #i) e~~ade KEY.• • A: Suspect age • APP: Apprehended • DIS: Distance (miles) traveled • DCIR: Duration (minutes) of pursuit • 1: Suspect impairment • MPH: Maximum MPH • LT.• Light Conditions • PV.• Passenger Vehicle • R: Suspect race • RD: Roadway Conditions • S: Suspect gender • T/C: Traff c Collision • TV.• Traffc Volume • VT.• Suspect Vehicle Type FOOTNOTES: a. Off cer 1 initiated pursuit. Off cer 2 unsuccessfully attempted to get into position to deploy Stop Sticks; he then trailed pursuit. Off cer 3 successfully deployed Stop Sticks. b. Suspect vehicle involved in three separate collisions: struck ambulance; struck bridge guard rail; struck snow bank. c. Terminated by supervisor after Stop Sticks deployed. Officers saturated area where suspect vehicle last seen and found suspect vehicle abandoned after a single vehicle crash (vehicle was stuck in/on a snow bank). Suspect located nearby and arrested following foot pursuit. d. Driving while Revoked e. Suspect vehicle and pursuing patrol car travelled off end of dead-end road and came to a stop touching one another. f. Suspect drove vehicle into a field at the end of a dead-end road. g. Off cer was attempting to locate a driver who had fled on foot from a previous stop involving drag racing. h. Off cer ran back to his vehicle and initiated a pursuit of suspect vehicle but suspect vehicle was already far enough in front of officer that off cer immediately lost sight of him. i. Suspect vehicle struck road sign. ,,", Pursuit Analysis Narrative - 2008 The Iowa City Police Department was involved in three vehicle pursuits in 2008. Recent historical data predicts approximately three vehicle pursuits per year. Year Number of Vehicle Pursuits 2007 3 2006 1 2005 7 ._ 2004 2 . Yearly Average: 2004-2007 3.25 ~~~~~ Statistically, the number of vehicle pursuits in 2008 is not in itself alarming as it I~$ .. within the expected number of pursuits. _, Each of the three vehicle pursuits in 2008 is directly or indirectly related to traffic safety. (Incident #2008008988) A Street Crimes Action Team officer was operating an unmarked patrol car equipped with emergency lights and siren. The officer observed the suspect vehicle operating erratically (included driving in and out of his lane of traffic and striking a curb) and suspected that the driver might be impaired. The officer initiated a traffic stop (2:36am) when the suspect vehicle pulled into a parking lot off of Riverside Dr. When the officer exited his patrol vehicle and approached the suspect vehicle, the suspect vehicle sped away from the officer. The suspect vehicle struck a passing ambulance as it entered the roadway. The officer initiated a vehicle pursuit. The suspect struck a bridge guard rail while fuming onto Burlington St. The suspect threw a handgun from his vehicle near this location. A second patrol officer attempted to get into position to deploy Stop Sticks but was unable to do so before the suspect vehicle passed. He then trailed behind the pursuit as a supporting officer. A third patrol officer was able to successfully deploy Stop Sticks. At approximately the same time, a supervisor terminated the pursuit. The suspect vehicle reached speeds in excess of 60 mph during the pursuit. Officers discontinued the pursuit but saturated the area the suspect vehiGe was last seen. The suspect vehicle was found abandoned in a snow bank. The suspect was located in the area and arrested after a short foot pursuit. He was transported to a local hospital to be treated (and released) for minor injuries sustained in the various collisions. The 24-year-old white male suspect was intoxicated (.124 BAC). 2. (Incident #2008026782) A patrol officer initiated a traffic stop (5:55pm) on an individual whose driving status was believed to be suspended or revoked. The suspect vehicle failed to stop and accelerated away from the officer. The pursuit was extremely short, less than a mile and less than a minute in duration. The suspect vehicle accelerated to approximately 60 mph as it fled. The officer was still in the process of communicating information to Dispatch when the suspect vehicle drove off of the end of a dead-end street and into the field beyond. The officer followed in his patrol car. The two vehicles came to rest touching one another. The suspect was apprehended after a short foot pursuit with the assistance of a Department of Corrections officer. The 41-year-old white male suspect was intoxicated (.133 BAC). c: _.~ 3. (Incident #2008041478) A Street Crimes Action Team officer was operating an unmarked patrol car equipped with emergency lights and siren. The officer was attempting to identify and locate a driver who had fled from an earlier traffic stop related to two vehicles drag racing. While the officer was at a residence conducting the investigation, a vehicle pulled into the driveway, apparently saw police, abruptly backed out of the driveway, and accelerated away, squealing its tires in the process. The officer ran. to his patrol car and initiated a pursuit (3:42am). The suspect vehicle was already some distance away and continued to out accelerate the patrol car. The officer very quickly (within seconds) lost sight of the suspect vehicle, especially when the suspect shut off the vehicle's lights. The officer reached a speed of 78 mph and the suspect vehicle was still pulling away from the officer. The pursuit was effectively terminated because the suspect vehicle could no longer be seen to be pursued. Officers saturated the area and found the suspect vehicle parked nearby with the suspect still seated in the driver's seat in an unsuccessful attempt to evade apprehension. The 23- year-old white male suspect was intoxicated (.102 BAC). All pursuits were properly documented and reviewed by supervisory personnel to determine if the criteria contained in General Order 99-01 were satisfied. In all cases, the pursuing officer attempted to relay the required information to Dispatch and supervisors; however, two of the pursuits were of such short duration that they ended before the information exchange was completed. The longer pursuit was terminated by a supervisor. Some issues were identified and addressed during review of the pursuits (e.g. pursuits not allowed for minor traffic offenses; maximum allowable speed for pursuing officer). On a whole, however, the policy and practices (including: the pursuit policy; the conduct of the pursuing officers; and the supervisory review process) worked smoothly and as desired. Communications were excellent, back-up officers did not allow themselves to being drawn into a train of pursuers, supervisors were apprised early of the pursuits and their details, supervisors provided appropriate oversight as evidenced by the terminated pursuit, and the review process identified the issues of concern and allowed a mechanism to address these issues. Several common themes were present in each of the 2008 pursuits: • Each was initiated directly or indirectly as a result of traffic offenses (driving behavior; • Each male driver was operating while impaired (alcohol); • Each pursuit ultimately ended in a [minor] crash (loss of control). Future data sets should be examined to see if these factors represent an actual trend or are unique to 2008. If 2009 pursuits share these characteristics, it would be appropriate to revisit the pursuit policy. This analysis did not identify any patterns or trends that indicate training needs or policy modifications at this time. 2