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HomeMy WebLinkAbout09-27-2011 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD September 27, 2011 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 07/12/11 • ICPD General Order 89 -04 (Civil Rights) • ICPD General Order 99 -02 (Alarm -Open Door Response) • ICPD General Order 99 -05 (Use of Force) • ICPD General Order 99 -11 (Arrests) • ICPD General Order 07 -01 (Patrol Rifle) • ICPD Use of Force Report — March 2011 • ICPD Use of Force Report —April 2011 • ICPD Department Memo #11 -18 (March -April 2011 Use of Force Review) • ICPD Bar Check Report (PAULA) — June 2011 • ICPD Bar Check Report (PAULA) — July, 2011 • ICPD Bar Check Report (PAULA) — August, 2011 ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS • Select Nominating Committee • Community Forum ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • October 25, 2011, 5:30 PM, Lobby Conference Rm • November 8, 2011, 5:30 PM, Lobby Conference Rm • December 13, 2011, 5:30 PM, Lobby Conference Rm • January 10, 2012, 5:30 PM, Lobby Conference Rm ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: September 21, 2011 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on September 27, 2011 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 09/27/11 • Minutes of the meeting on 07/12/11 • ICPD General Order 89 -04 (Civil Rights) • ICPD General Order 99 -02 (Alarm -Open Door Response) • ICPD General Order 99 -05 (Use of Force) • ICPD General Order 99 -11 (Arrests) • ICPD General Order 07 -01 (Patrol Rifle) • ICPD Use of Force Report — March 2011 • ICPD Use of Force Report — April 2011 • ICPD Department Memo #11 -18 (March -April 2011 Use of Force Review) • ICPD Bar Check Report (PAULA) — June 2011 • ICPD Bar Check Report (PAULA) — July, 2011 • ICPD Bar Check Report (PAULA) — August, 2011 • Complaint Deadlines • PCRB Office Contacts — July • PCRB Office Contacts —August 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 — July 12, 2011 CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen, Peter Jochimsen (5:32pm), Royceann Porter, Joe Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh (5:32pm) and Kellie Tuttle OTHERS PRESENT: Captain Wyss of the ICPD and Mike Smithey RECOMMENDATIONS TO COUNCIL (1) Accept PCRB FY11 Annual Report CONSENT CALENDAR Motion by Treloar and seconded Jensen by to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/14/11 • ICPD General Order 00 -07 (Police Cyclist) • ICPD Quarterly /Summary Report (Quarter 2), 2011 Motion carried, 4/0, Jochimsen absent. OLD BUSINESS None. NEW BUSINESS Draft #1 of PCRB Annual Report — The Board reviewed the draft of the annual report and made no changes. Motion by Jochimsen, seconded by Jensen to approve the PCRB FY11 Annual Report and forward to Council. Motion carried, 5/0. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. PCRB July 12, 2011 Page 2 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 9, 2011, 5:30 PM, Lobby Conference Rm (CANCELLED) • September 13, 2011, 5:30 PM, Lobby Conference Rm (Moved to 9/27/11) • September 27, 2011, 5:30 PM, Lobby Conference Rm • October 11, 2011, 5:30 PM, Lobby Conference Rm (Moved to 10/25/11) • October 25, 2011, 5:30 PM, Lobby Conference Rm Motion by Jochimsen, seconded by Porter to move the September and October meetings due to scheduling, School Board and City elections. Motion carried, 5/0. Motion by Treloar, seconded by Jensen to cancel the August meeting due to lack of Board business. Motion carried, 5/0. ADJOURNMENT Motion by Treloar, seconded by Jensen to adjourn. Motion carried, 5/0. Meeting adjourned at 5:46 P.M. POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2011 Meetings The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY11 the Board held thirteen meetings and one Community Forum. One meeting was not held due to lack of Board business. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and was available for any questions Board members had regarding these reports. Presentations In November of 2010 the Board held its third Community Forum as required by the City Charter. The PCRB Vice - Chair, Joseph Treloar, gave a brief summary on the complaint process. There were four members of the public that spoke at the forum. Topics of discussion included the following: Location and Community presence at the Forum, Summary of Statistics, and the amount of volunteer time board members spend on complaints, meetings, and meeting preparation. Board Members In October officers were nominated with Donald King as Chair and Joseph Treloar as Vice - Chair. Vershawn Young resigned and was replaced by Peter Jochimsen in May of 2010, and Janie Braverman resigned and was replaced by Angelina Blanchard- Manning, who was then replaced by Melissa Jensen in November of 2010. COMPLAINTS Number and Type of Allegations Two complaints (10 -04, 11 -01) were filed during the fiscal year public reports were completed during this fiscal period (10 -01, complaint filed in FY11 is pending before the Board (11 -01). PCRB Annual Report FY 2011 — Approved 7/12/11 — 1 July 1, 2010 — June 30, 2011. Three 10 -03, 10 -04). The remaining Allegations Complaint #10 -01 1. Complainant alleges that Officer A used excessive force while placing her under arrest. NOT SUSTAINED. Complaint #10 -03 1. Officer A accused Subject 2 of lying and was "very nasty" during an in person conversation at her apartment. NOT SUSTAINED. 2. Officer A got "Very rude," during a subsequent phone call with Subject 1. NOT SUSTAINED. 3. Officer A went "too far" by making them "tip toe" around an officer who is supposed to protect and serve. NOT SUSTAINED. 4. Officer A's actions may be motivated by Subject 1 and 2's race. NOT SUSTAINED. 5. The manner that Officer A handled the investigation may be influenced by him being related to the driver of the other vehicle. NOT SUSTAINED. 6. Subject 1 was given a ticket, "For no reason" and it "is really unfair". NOT SUSTAINED. 7. Officer A failed to record his interactions with Subject 1, 2, and 3, in violation of department policy. SUSTAINED. Complaint #10 -04 1. Complainant alleges that Officer A was placing his hand on her buttocks while he was putting her in handcuffs. NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 2 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the nine allegations listed in the three complaints for which the Board reported, one was sustained. The Board made no additional comments and /or recommendations for improvement in police policy, procedures, or conduct in three completed public reports. PCRB Annual Report FY 2011 — Approved 7/12/11 — 2 Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled no name - clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the three complaints covered by the FY11 annual report a total of three officers were involved. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Category /Number of Complainants Age: National Origin: Color: Under 21 0 US 0 White 0 Over 21 2 Unknown 3 Black 2 Unknown 1 Unknown 1 Sexual Orientation: Heterosexual 2 Unknown 1 Marital Status: Single 2 Married 0 Unknown 1 Physical Disability: Unknown 3 Gender Identity: Female 0 Male 2 Unknown 1 Sex: Female 0 Male 2 Unknown 1 Religion: Mental Disability: Unknown 3 No 0 Yes 0 Unknown 3 BOARD MEMBERS Donald King, Chair Joseph Treloar, Vice Chair Royceann Porter Vershawn Young /Peter Jochimsen Janie Braverman /Angelina Blanchard- Manning /Melissa Jensen PCRB Annual Report FY 2011 — Approved 7/12/11 — 3 POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2011 (Meeting Date) NAME TERM EXP. 1 /11 2/9 3/2 4/12 5110 6/14 7/12 Not a Member Melissa Jensen 9/1/12 X X NM X X X X Donald King 9/1/11 X O/E NM X X X X Joseph Treloar 9/1/13 X X NM X X X X Peter Jochimsen 9/1/13 X X NM X X X X Royceann Porter 9/1/12 O/E X NM X X O X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member DEPARTMENT MEMO #11 -18 TO: Chief Hargadine FROM: Captain R. D. Wyss RE: March- April 2011 Use of Force Review DATE: 20 July, 2011 The "Use of Force Review Committee" met on July 19th, 2011. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in March, 14 Officers were involved in 10 separate incidents requiring use of force involving 13 individuals. In April, 9 Officers were involved in 7 separate incidents requiring use of force involving 11 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. As a point of clarification, a Taser is deployment which result in the probes penetrating the skin will be considered an injury, and should be documented as such. Of the 20 incidents over the two month period, 6 Officers had drawn sidearm or displayed weapons in response to 4 separate incidents that required a display of weapon response. A Taser was discharged on two occasions, and on one occasion a Taser was displayed which resulted in compliance without deployment. There were 3 incidents which required the deployment of OC. Of the 20 incidents reviewed, 6 suspects and four Officers sustained superficial injuries during this reporting period. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee N The "Use of Force Review Committee" met on July 19th, 2011. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in March, 14 Officers were involved in 10 separate incidents requiring use of force involving 13 individuals. In April, 9 Officers were involved in 7 separate incidents requiring use of force involving 11 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. As a point of clarification, a Taser is deployment which result in the probes penetrating the skin will be considered an injury, and should be documented as such. Of the 20 incidents over the two month period, 6 Officers had drawn sidearm or displayed weapons in response to 4 separate incidents that required a display of weapon response. A Taser was discharged on two occasions, and on one occasion a Taser was displayed which resulted in compliance without deployment. There were 3 incidents which required the deployment of OC. Of the 20 incidents reviewed, 6 suspects and four Officers sustained superficial injuries during this reporting period. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee Iowa City Police Department Bar Check Report - June, 2011 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of only Iowa City Police activity Business Name Occupancy (occupancy loads last updated Oct 2008) Monthlv Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) [Iowa City] Yacht Club 206 9 0 0 51 3 1 0.0588235 0.0196078 Airliner- 223 2 0 0 82 0 25 0 0.3048780 Bo- James 200 1 0 0 38 0 0 0 0 Brothers Bar & Grill, [It's] 556 9 0 0 135 7 17 0.0518519 0.1259259 Caliente Night Club 498 1 0 0 31 3 0 0.0967742 0 Carl & Ernie's Pub & Grill 92 1 0 0 12 0 0 0 0 DC's 120 3 0 0 72 6 3 0.0833333 0.0416667 Deadwood, [The] 218 1 0 0 20 0 0 0 0 Gabes 261 2 0 0 22 4 0 0.1818182 0 Gilbert St Piano Lounge 114 2 0 0 2 0 0 0 0 Jobsite 120 1 0 0 14 0 0 0 0 Joe's Place 281 3 0 0 38 0 0 0 0 Martini's 200 2 0 0 48 4 0 0.0833333 0 Micky's- 98 1 0 0 20 0 0 0 0 Mill Restaurant, [The] 325 1 0 0 5 0 0 0 0 Sam's Pizza- 174 1 0 0 20 0 20 0 1 Slippery Pete's aka Fieldhouse 178 2 0 0 65 3 0 0.0461538 0 Sports Column 400 6 0 0 90 6 16 0.0666667 0.1777778 Studio 13 206 1 0 0 26 0 0 0 0 Summit. [The] 736 15 0 3 126 16 20 0.1269841 0.1587302 TCB 250 2 0 0 49 1 0 0.0204082 0 Union Bar 854 7 0 0 124 19 21 0.1532258 0.1693548 Vine Tavern, [The] 170 1 0 0 33 4 0 0.1212121 r-Zo 0 Wednesday, July 20, 2011 L� C J n s --0 N a ,' age 1 of 2 Off Premise Grand 1 * includes outdoor seating area " exception to 21 ordinance Totals 74 0 0 0 3 4 1123 0 76 0 123 64 0.0676759 0 0.1095280 0 otals 7 p' 187 Wednesday, July 20, 2011 Page 2 of 2 ;v C� CD, ` -� �Y M p' — Wednesday, July 20, 2011 Page 2 of 2 Iowa City Police Department Bar Check Report - July, 2011 FILED f Alcohol Under the Legal Age (PAULA) Under 21 Charges Possession o AUG Numbers are reflective of only Iowa City Police activity Business Name Occupancy (occupancy loads last updated Oct 2008) Airliner — American Legion Aoeshe Restaurant Atlas World Grill Blackstone — Blue Moose Bluebird Diner Bob's Your Uncle *� Bo-James- Bread Garden Market & Bakery Brothers Bar & Grill, [It's] Brown Bottle, [The] — Buffalo Wild Wings Grill & Bar - Caliente Night Club Carl & Ernie's Pub & Grill Carlos O'Kelly's- Chef's Table Chipotle Mexican Grill - Club Car, [The] Coaches Corner Colonial Lanes' Dave's Foxhead Tavern DC's Deadwood, [The] Devotay- Donnelly's Pub Dublin Underground, [The] 223 140 156 165 297 436 82 260 200 556 289 189 498 92 299 162 119 56 160 502 87 120 218 45 49 57 C I -7 PM 1: 4 c i L t�,A Ratio (Prev 12 Mo) 0.3205128 0.125 0 0 0 0 0 0 0 0 0.1214286 0 0 0 0 0 0 0 0 0 0 0 0.0441176 0 0 0 0 Page 1 of 4 Friday, August 05, 2011 Under{W A Monthlv Totals Prev 12 Month Totals Ratio Bar Under2l PAULA Checks Under2l PAULA (Prey 12 Mo) Checks 3 0 0 78 0 25 0 1 0 0 8 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 12 1 0 52 1 0 0.0192308 0 0 0 0 0 0 0 0 2 0 0 34 0 0 0 0 0 0 0 11 2 0 140 9 17 0.0642857 0 0 0 0 6 0 0 0 3 0 0 34 3 0 0.0882353 2 0 0 14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 5 0 0 0 1 0 0 4 0 0 0 7 0 0 0 1 0 0 68 6 3 0.0882353 1 0 0 20 0 0 0 0 0 0 0 1 0 0 16 1 0 0.0625 14 0 0 0 -7 PM 1: 4 c i L t�,A Ratio (Prev 12 Mo) 0.3205128 0.125 0 0 0 0 0 0 0 0 0.1214286 0 0 0 0 0 0 0 0 0 0 0 0.0441176 0 0 0 0 Page 1 of 4 Friday, August 05, 2011 Eagle's, [Fraternal Order of] El Banditos El Dorado Mexican Restaurant El Ranchero Mexican Restaurant Elks #590, [BPO] Englert Theatre - First Avenue Club - Formosa Asian Cuisine — Gabes George's Buffet Gilbert St Piano Lounge Givanni's- Godfather's Pizza- Graze- Grizzly's South Side Pub Hawkeye Hideaway Hilltop Lounge, [The] IC Ugly's India Caf, Jimmy Jack's Rib Shack Jobsite Joe's Place Joseph's Steak House - La Reyna Linn Street Caf, Los Portales Martini's Masala Mekong Restaurant - Micky's- Mill Restaurant, [The] Moose, [Loyal Order of] Morgan's, [Sheraton] Friday, August 05, 2011 315 0 0 25 L n 104 161011 R 1C 0 205 � (� + ��.(E �;I� tf�i�. {►!Jt °i 838 0 0 280 0 0 149 0 0 261 1 0 75 1 0 114 1 0 158 0 23 170 0 0.1739130 49 0 0 265 3 0 94 0 1 90 0 0 72 1 0 100 2 0 71 0 8 120 1 0 281 0 0 226 4 0 49 0 7 80 0 0 161 0 0 200 6 0 46 0 15 89 0 0 98 3 0 325 3 1 476 0 0 231 0 0 $ N 9 0 eR An 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23 4 0 0.1739130 7 0 0 0 3 0 0 0 1 0 0 0 0 0 0 0 2 0 0 0 8 0 0 0 3 0 0 0 4 0 0 0 7 0 0 0 0 0 0 0 0 0 0 0 15 0 0 0 34 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 49 4 0 0.0816327 0 0 0 0 0 0 0 0 17 0 3 0 8 1 0 0.125 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.1764706 Is Page 2 of 4 Motley Cow Cafe 82 Off Premise 0 Okoboji Grill- 222 Old Capitol Brew Works 294 One - Twenty -Six 105 Orchard Green Restaurant— 200 Oyama Sushi Japanese Restaurant 87 Pagliai's Pizza— 113 Panchero's (Clinton St)— 62 Panchero's Grill (Riverside Dr)— 95 Pints 180 Pit Smokehouse 40 Pizza Hut— 116 Pizza Ranch— 226 Quality Inn /Highlander 971 Quinton's Bar & Deli 149 Red Avocado, [The] 47 Rick's Grille & Spirits 120 Riverside Theatre— 118 Saloon— 120 Sam's Pizza— 174 Sanctuary Restaurant, [The] 132 Shakespeare's 90 Short's Burger & Shine— 56 Slippery Pete's aka Fieldhouse 178 Sports Column 400 Studio 13 206 Summit. [The]— 736 Sushi Popo 84 Cry T. Spoons- 102 ant-� Takananstaur- 148 TCB 250 Thai Flawsr& ' `-� 60 Lam. 0 r_7 0 0 Friday, August 05, 2211 Page 3 of 4 0 0 0 0 0 0 0 6 0 0 70 0 0 0 0 0 0 0 1 0 0 6 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 60 3 2 0.05 0.0333333 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 6 1 0 0 0 0 1 0 0 21 0 20 0 0.952381 2 0 0 7 0 0 0 0 1 0 0 11 0 0 0 0 8 0 0 0 0 3 0 0 63 3 0 0.0476190 0 4 0 0 87 6 16 0.0689655 0.1839080 3 0 0 23 0 0 0 0 29 0 15 147 16 35 0.1088435 0.2380952 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 0 54 1 0 0.0185185 0 0 0 0 0 0 Page 3 of 4 Thai Spice Times Club @ Prairie Lights Union Bar VFW Post #►3949 Vine Tavern, [The] Wig & Pen Pizza Pub Yacht Club, [Iowa City] Zio lohno's Spaghetti House Z'Mariks Noodle House Off Premise 91 0 0 60 U-) 0 854 10 3 197 dCL- .. 170 1 0 154 0.1705426 0.1782946 206 3 0 94 0 ` 47 32 CD Totals 129 7 0 I 0 Grand Totals * includes outdoor seating area exception to 21 ordinance Friday, August 05, 2011 Page 4 of 4 0 0 0 U-) 0 0 0 0 dCL- .. 2 129 22 23 0.1705426 0.1782946 7 0 ilk 0 ` 0 32 CD 0 N 0 Friday, August 05, 2011 Page 4 of 4 0 0 0 0 0 0 0 0 0 0 2 129 22 23 0.1705426 0.1782946 7 0 0 0 0 0 32 4 0 0.125 0 1 0 0 0 0 0 53 3 1 0.0566038 0.0188679 0 0 0 0 0 0 0 0 0 0 26 1413 87 216 0.0615711 0.1528662 6 0 1 0 70 0 0 32 286 Friday, August 05, 2011 Page 4 of 4 Marian Karr From: Denise Brotherton Sent: Tuesday, September 13, 2011 12:14 PM To: Dale Helling; Eleanor M. Dilkes; Eric Goers; Kathryn Johansen; Marian Karr; Mike Brotherton; Kevin Heick; Zach Diersen; Brian Krei; Sam Hargadine; Rick Wyss; Jim Steffen; Bender, Kelly S (kelly- bender @uiowa.edu); Hermiston, Lee (Ihermist @iowacity.gannett.com) Subject: August Bar Check Report Attachments: august2011 bar check report.pdf The report is still adding the off premise paula's twice in the grand total. The contact in IT services is out until 9/19. Keep this in mind when reviewing the report. The report will not be posted on the website until IT can get this fixed. Denise Brotherton Sergeant - Planning & Research Iowa City Police Department 410 E. Washington St Iowa City, IA 52240 319 - 356 -5293 Iowa City Police Department Bar Check Report August, 2011 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of only Iowa City Police activity Business Name Occupancy (occupancy loads last updated Oct 2008) Monthlv Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under 21 PAULA Ratio Ratio (prev 12 Mo) (Prev 12 Mo) 223 6 0 0 80 0 25 0 0.3125 Airliner American Legion 140 1 0 0 8 0 1 0 0.125 Aoeshe Restaurant 156 0 0 0 0 0 Atlas World Grill 165 1 0 0 0 0 Blackstone"' 297 0 0 0 0 0 436 10 2 1 61 3 1 0.0491803 0.0163934 Blue Moose Bluebird Diner 82 0 0 0 0 0 Bob's Your Uncle *'" 260 0 0 0 0 0 Bo- James 200 5 0 0 37 0 0 0 0 Bread Garden Market & Bakery 0 0 0 0 0 Brothers Bar & Grill, [It's] 556 15 5 8 146 14 25 0.0958904 0.1712329 Brown Bottle, [The]- 289 0 0 0 0 0 Buffalo Wild Wings Grill & Bar- 189 6 0 0 0 0 Caliente Night Club 498 1 0 0 34 3 0 0.0882353 0 Carl & Ernie's Pub & Grill 92 14 0 0 0 0 Carlos O'Kelly's- 299 0 0 0 0 0 Chef's Table 162 0 0 0 0 0 Chili Yummy Yummy Chili 4 0 1 4 0 1 0 0.25 Chipotle Mexican Grill- 119 0 0 0 0 0 Club Car, [The] 56 1 0 0 5 0 0 0 0 Coaches Corner 160 5 0 0 0 0 Colonial Lanes 502 4 0 0 0 0 Dave's Foxhead Tavern 87 6 0 0 0 0 120 8 1 1 74 7 4 0.0945946 0.054054: DC's Deadwood, [The] 218 2 0 0 21 0 0 0 0 45 0 0 0 0 0 Devotay"' 49 2 0 0 18 1 0 0.0555556 0 Donnelly's Pub Tuesday, September 13, 2011 Page 1 of 4 Dublin Underground, [The] 57 2 0 0 16 0 0 0 0 Eagle's, [Fraternal Order of] 315 0 0 0 0 0 El Banditos 25 0 0 0 0 0 El Dorado Mexican Restaurant 104 0 0 0 0 0 El Ranchero Mexican Restaurant 161 0 0 0 0 0 Elks #590, [BPO] 205 0 0 0 0 0 Englert Theatre^' 838 0 0 0 0 0 First Avenue Club 280 0 0 0 0 0 Formosa Asian Cuisine— 149 0 0 0 0 0 261 5 1 0 28 5 0 0.1785714 0 Gabes George's Buffet 75 6 0 0 0 p Gilbert St Piano Lounge 114 3 0 0 6 0 0 0 0 Givanni's"' 158 0 0 0 0 0 Godfather's Pizza 170 0 0 0 0 0 Graze"' 49 2 0 0 0 0 Grizzly's South Side Pub 265 2 3 3 10 3 3 0.3 0.3 Hawkeye Hideaway 94 1 0 0 4 0 0 0 0 Hilltop Lounge, [The] 90 1 0 0 4 0 0 0 0 IC Ugly's 72 6 0 0 0 0 India Caf, 100 0 0 0 0 0 Jimmy Jack's Rib Shack 71 0 0 0 0 0 Jobsite 120 3 0 0 17 0 0 0 0 Joe's Place 281 4 0 0 38 0 0 0 0 Joseph's Steak House— 226 0 0 0 0 0 La Reyna 49 0 0 0 0 0 Linn Street Caf, 80 0 0 0 0 0 Los Portales 161 0 0 0 0 0 Martini's 200 10 13 3 57 17 3 0.2982456 0.0526316 Masala 46 0 0 0 0 0 Mekong Restaurant— 89 0 0 0 0 0 Micky's— 98 4 0 0 21 0 3 0 0.1428571 Mill Restaurant, [The] 325 1 0 0 9 1 0 0.1111111 0 Moose, [Loyal Order of] 476 0 0 0 0 0 Tuesday, September 13, 2011 Page 2 of 4 Morgan's, [Sheraton] 231 0 0 0 0 0 Motley Cow Cafe 82 0 0 0 0 0 0 0 54 0 0 124 0 0 Off Premise Okoboji Grill 222 0 0 0 0 0 Old Capitol Brew Works 294 2 0 0 8 0 0 0 0 One- Twenty -Six 105 0 0 0 0 0 Orchard Green Restaurant— 200 1 0 0 0 0 Oyama Sushi Japanese Restaurant 87 0 0 0 0 0 Pagliai's Pizza 113 1 0 0 0 0 Panchero's (Clinton St)— 62 0 0 0 0 0 Panchero's Grill (Riverside Dr)— 95 0 0 0 0 0 180 6 1 1 64 4 3 0.0625 0.046875 Pints Pit Smokehouse"' 40 0 0 0 0 0 Pizza Hut"' 116 0 0 0 0 0 Pizza Ranch 226 0 0 0 0 0 Quality Inn /Highlander 971 0 0 0 0 0 Quinton's Bar & Deli 149 2 0 0 11 0 0 0 0 Red Avocado, [The] 47 0 0 0 0 0 Rick's Grille & Spirits 120 1 0 0 2 0 0 0 0 Riverside Theatre— 118 0 0 0 0 0 Saloon 120 5 0 0 0 0 Sam's Pizza"' 174 4 0 1 25 0 21 0 0.84 Sanctuary Restaurant, [The] 132 1 0 0 8 0 0 0 0 Shakespeare's 90 1 0 0 12 0 0 0 0 Short's Burger & Shine— 56 1 0 0 9 0 0 0 0 Slippery Pete's aka Fieldhouse 178 7 0 0 68 3 0 0.0441176 0 Sports Column 400 8 0 7 91 6 23 0.0659341 0.2527473 Studio 13 206 3 0 0 24 0 0 0 0 Summit. [The]— 736 24 0 21 164 16 56 0.097561 0.3414634 Sushi Popo 84 0 0 0 0 0 T.Spoons— 102 0 0 0 0 0 Takanami Restaurant— 148 0 0 0 0 0 TCB 250 8 1 0 61 2 0 0.0327869 0 Tuesday, September 13, 2011 Page 3 of 4 Thai Flavors 60 0 0 Thai Spice 91 0 Times Club @ Prairie Lights 60 0 0 Union Bar 854 13 2 VFW Post #3949 197 0 0 Vine Tavern, [The] 170 6 0 Wig & Pen Pizza Pub 154 0.1726619 Yacht Club, [Iowa City] 206 12 0 Zia Johno's Spaghetti House 94 0 38 Z'Mariks Noodle House 47 0 0.1052632 0 Totals 190 29 Off Premise 0 0 Grand Totals * includes outdoor seating area exception to 21 ordinance Tuesday, September 13, 2011 0 0 0 0.2158273 0 0 0 0.0307692 0 0 0.2095422 0 Page 4 of 4 0 0 0 0 0 0 0 0 0 0 0 0 7 139 24 30 0.1726619 7 0 0 0 0 38 4 0 0.1052632 0 0 0 0 1 65 3 2 0.0461538 0 0 0 0 0 0 0 0 109 1551 116 325 0.0747905 54 0 0 124 0 163 449 0 0 0 0.2158273 0 0 0 0.0307692 0 0 0.2095422 0 Page 4 of 4 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2011 FILE D 1011 AI! 21 AM 8: 2ir Ofc # Date Inc # 2011- Incident Force uses GS 1 f 10l v.PA C I I v" � �'',` ,1 .. ' 20 3-05 09983 Fight in Progress Officer used hands -on control techniques to control a resistive subject during arrest for fighting. 29,48 3 -06 10202 Out w /Subject Officers used hands -on control and take down techniques to affect an arrest on a resistive subject who had interfered with officers and caused problems in a business. 29 3 -06 10224 Fight in Progress Officer used hands -on control and take down techniques on a subject who had fled from officers and resisted when caught. Subject had been involved a physical fight. 11537 Traffic Stop Officer used hands -on control techniques to prevent a subject from swallowing a quantity of 20 3 -14 drugs. 11680 Traffic Stop Officers conducted a felony traffic stop with weapons drawn on a wanted subject, known to 65,8 3-15 o armed. 12331 Fight in Progress Officers used hands -on control techniques to control and arrest a resistive subject who had interfered and obstructed officers investigating a 20 3 -18 report of an altercation. 12404 Mental Committal Officer used hands -on control techniques and deployed a chemical weapon to control an 33 3 -19 assaultive and combative subject for transport to the hospital for a medical /mental evaluation due to psychotic and homicidal behavior. 12625 Fight in Progress Officer used hands -on and take down techniques to complete an arrest on a resistive subject who had been involved in a fight and was intoxicated. 2 3 -21 7,45, 3 -27 13738 Public Intox Officers used hands -on techniques to complete 40 an arrest on a resistive subject who was spitting on officers during an arrest for public intoxication. 7 3 -27 13772 Warrant Service Officer displayed a sidearm during an arrest of a subject who had absconded from custody and had a lenahv and violent criminal history. 14,7 3 -28 14060 Traffic Stop Officers displayed sidearms during a trattic stop ink on a vehicle that had failed to immediately pull �6 over for emergency lights and siren and had i�C-) thrown narcotics out of the window. ■ 3 -29 14131 Juvenile Officer used handcuffs to control a juvenile who :38 Complaint was actively kicking, punching, biting, and attempting to kick in a glass door. 22,35, 3 -31 14362 Search Warrant Officers used hands -on and take down techniques on two subjects during a search 45 warrant. The subjects attempted to assault officers and resisted detention. O �? C ink �6 i�C-) ■ N IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT April 2011 Ofc # Date Inc # Incident Force Used 2011- 22 4 -02 14734 Arrest Warrant Officer displayed a firearm during an arrest of a 77 7M 1 :" E . _ wanted subject known to go armed and had threatened to shoot the officer. 26,34 4 -22 16710 Arrest Warrant Officers used hands -on control and take down techniques to affect an arrest on a resistive subject who had attempted to flee. 36 4 -27 16932 Domestic Officer deployed a taser to stop a subject with a Disturbance knife threatening to kill himself and a dog he has holding. 98 4-28 15815 Public Intox Officer used hands -on control techniques and chemical weapon on a subject who attempted to flee the officer and was resistive and combative when stopped. 31 4 -28 16965 Disorderly Officer used hands -on control techniques and House displayed a taser to control a resistive subject who had pushed the officer. 57,64 4 -29 17051 Armed Subject Officers used hands -on control techniques to control and deployed a taser to stop a subject attempting to grab a sword and who was combative with officers. 14 4 -29 17073 OWI Officer used hands -on control and take down techniques and deployed a chemical weapon to control a resistive and combative subject during arrest. na ca C. Caw' 0 77 7M 1 :" E . _ CIVIL RIGHTS LEG -01.1 Date of Issue I General Order Number May 5, 2000 89 -04 gin; Effective Date Section Code _ July 15, 2011 LEG -01 = c-: `� Reevaluation Date Amends / Cancels September 2012 cn C.A.L. E.A. Reference 1.2.3, 1.2.5 INDEX AS: jC Civil Rights Arrests Use of Force Rights, Civil Warrants Rights, Individual Search and Seizure I. PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital . status, disability, sexual orientation or gender identity. IL. POLICY. It is the policy of the City of Iowa City and the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG -01.2 111. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00 -01, Search and Seizure) B. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or r b. The person has committed or is committing a violation otft# -; la40 c. The person may be a harm to themselves or others 2. Entering a private dwelling only when he /she: - ;;: CA a. Has in his /her possession a search warrant authorizing him /he`r'to do so, or b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his /her action. 3. Taking from an individual only such property as he /she is legally authorized to take, and recognizing that he /she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. (see general order 99 -05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG -01.3 CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to Nek recess of grievances by:' 1. Freedom of speech =71 : <�- 2. Peaceful assembly N C-, 3. Peaceful picketing 4. Distribution of handbills providing such distribution is not in conflict with the provisions of any City Ordinance. B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Resources of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non - participants, and will deal with illegal acts promptly, decisively, and impartially. 3. The City of Iowa City and the Iowa City Police Department expressly prohibits any law enforcement agency operating within its jurisdiction from using excessive force against any individuals engaged in non- violent civil rights demonstrations. LEG -01.4 4. The City of Iowa City and the Iowa City Police Department shall enforce any applicable state or local laws against physically barring entrances or exits from a facility or location that is the subject of a non - violent civil rights demonstration within its jurisdiction. 5. The City of Iowa City and the Iowa City Police Department shall enforce this general order within its jurisdiction and will facilitate the filing of a complaint by any individual or group who feels that the City of Iowa City and /or Iowa City Police Department has not complied with this policy. ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he /she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a detainee's rights and shall: 1. Permit the detainee to communicate with his /her attorney and /or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the detainee will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the detainee's right to refuse to give evidence against him /herself; however, there is no encroachment upon a detainee's rights if he /she should voluntarily supply such information. q RESPONSIBILITY Each officer shall familiarize him /herself with the pertaining to civil rights to insure his /her: -° C-, C__ .z laws and Departo�#d_t d ecti � Y w A. Recognition of each person's civil rights and B. Compliance with all laws and Department directives relating to civil rights. VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and /or criminal sanctions. LEG-01.5 Samuel Hargadine, Chief of Police WARNING This directive is for departmental use only and does notappl . y in, any criminal, or civil proceeding. . The department policy should -not be construed as a creation of afi,igh,er legal standard of safety, or care in an evidentib(y sense : with respect to third-party : claims. Violatiohs.- bf --- this directive will only form the basis for departmental administrative sanctions.. N ALARM - OPEN DOOR RESPONSE Date of Issue General Order Number February 9, 1999 99 -02 Effective Date Section Code July 20, 2011 OPS -08 Reevaluation Date Amends / Cancels February 2012 Department Memo 96 -56 C.A.L.E.A. Reference 1.2.4, 1.3.6, 81.2.13 ISeeIndex OPS -08.1 INDEX AS :; N Use of Force' —' r— Supervisory Responsibility �,-, c, Building Search °� ►, �,-� Alarm / Open Door Response Canine Procedure k-0 I. PURPOSE The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms, bank alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms, bank alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS -08.2 CD III. DEFINITIONS'�� �N IV. PROCEDURES A. BURGLAR ALARMS = o ca, 77) When a member of this department responds to a burglar aldrrn the officer should respond in a safe and reasonable manner. When approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and /or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break -in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, JECC should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so. When a representative requests an officer to accompany them to inspect a building, an entry shall be made listing the name of the representative as well as their relationship with the property in question. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back -up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. JECC will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative cannot be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra FOUL 1: patrol initiated for -the building; -- and /or 3)- a search - warrant will be - requested. Extra patrol requests will be forwarded to subsequent watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch or designee will attempt to contact a building representative the next business day. The building representative will be informed of the date, time and pertinent details of the incident and be asked for updated business contact information. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports. a B. OPEN DOORS AND WINDOWS �- When an officer comes upon or is made aware of an Seri c6or, foie following guidelines should be adhered to: -<1 1. The officer(s) will secure the perimeter. At the off cer's `.tbques"i; JECC will contact a building representative to come to thcation before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked for updated business contact information. C. SEARCH PROCEDURES If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and /or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. � I• . - -3. - When -a - - determination -to search is -- made; -- with- -or- -- without - -the- - contacting of a property representative, a supervisor should be present at the scene. 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall verbally identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he /she will draw his /her weapon. If the officer decides to draw his /her weapon, a use of force report will be required only if an individual other than other police officers are encountered. In instances where multiple officers are involved in the search of a building and an individual is encountered, the on -scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. Q D. BANK ALARMS Officers responding to bank alarms or other financial in W tides sl4all utilize the authorized departmental protocol as iden €i �d --in th Department's Field Training Manual. -� 4 SamLYel Hargadine hief dif Police WARNING This directive is for departmental use only and doe& not:. app y 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 t o third -party claims. Violations of this directive will only-:form the :basis: for''departmenfal administrative sanctions. OPS 03.1 USE OF FORCE Date of Issue General Order Number April 28, 2001 99 -05 Effective Date Section Code July 8, 2011 OPS -03 Reevaluation Date Amends April 2012 95 -03 - 1.3.8, 1.3.13 C.A.L.E.A. Reference 1.3.1 7,. - I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non - deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. Cole' INDEX AS: = , Use of Force Reporting Significant Force Investigation Use of Force Model Canine Arrests Warning Shots I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non - deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. Cole' OPS 03.2 111. DEFINITIONS Definition - Deadly force (Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. Definition - Serious injury (Section 702.18 Code of Iowa) Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Definition - Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party,,,, or requires one to abandon or retreat from one's dwelling or pla of business or employment. Definition - Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force mui juc ged ° from the perspective of a reasonable officer on the soarre rte, herd than with the 20/20 vision of hindsight. Graham v. 66nnon�i,109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, OPS 03.3 uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) Definition — Less Lethal Munitions (as used in this policy) Means systems which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. N V. PROCEDURES DEADLY FORCE CO �iM —ti A. Purpose of statement , _ M 1. To delineate the Department's policy regarding the use ©f deacN force. —_ Y ,'s�j OPS 03.4 2. To establish policies under which the use of deadly force is permissible. B. Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him /herself or others from what he /she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person used or threatened to use deadly force in committing a felony, and b. the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. 4. No distinction shall be made relative to the age of the intended target. 5. Warning shots by officers of the Iowa City Police Department are prohibited. 6. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 7. Shooting at or from a moving vehicle is prohibited, except under the following circumstances:. a. When the occupant of the vehicle is utilizing de -6d y farce i against the police officer or other persons.' --� ��.. b. As a last resort to prevent death or serious injury tcels or I -TI other persons. �=,� -,. c. As a last resort to apprehend a person who has just (�6mmitfe�i a felony resulting in death or serious injury. d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an OPS 03.5 intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. C. Injuries resulting from Use of force. 1. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: a. Requested by the subject(s) involved. b. The extent of an injury is unknown or not visible. c. The nature or extent of the injury dictates. Officers shall err on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his /her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding offica� in accordance with departmental directives. 2. The commanding officer receiving such firearm or fir6a�Vs 's;ball immediately secure and document the same as evidence ca LESS LETHAL FORCE, ^" A. Where deadly force is not authorized under this policy, officers stWuld assess the incident in order to determine which less lethal technique will best de- escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. OPS 03.6 B. Definition -Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and /or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. C. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: 1. To protect the officer or others from physical harm. 2. To control an arrestee or a potentially violent person. 3. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flexcuffs and nylon leg restraints. 4. To bring an unlawful situation safely and effectively under control. D. Officers shall offer medical treatment at a hospital to any non - combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. NOTIFICATIONS A. Any officer who discharges a firearm in the course of their duty, shall immediately contact his /her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal ((see section B in "REPORTING USE OF FORCE INCIDENTS ")) or training situations) If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: _711 1. The involved officer's division commander. C.J a. It shall be the Division Commander's responsibility �!4btif z-the _ Chief of Police. - �r b. If the Division Commander cannot be notified;" a watch supervisor shall notify the Chief of Police. ' OPS 03.7 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney. 4. The City Manager. 5. The Criminal Investigation Commander or his /her designee. 6. Other as Required by the Mandatory Call Matrix B. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. C. The on -duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. D. The on -duty watch supervisor shall be immediately notified when a conducted energy device is discharged. REPORTING USE OF FORCE INCIDENTS A. Discharge of Firearms -report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his /her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following circumstances in which no accident or injury results: 1. The discharge of firearms on firearm ranges or in an area four firearms practice. 5, 2. Sporting events to include lawful hunting and organized bti g matches. rn } ; E; B. When, in accordance with applicable law, it becomes necessary finnan officer to discharge a firearm to destroy an animal which present's a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch OPS 03.8 Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. The committee shall consist of a Division Commander, the Sergeant of Planning and Research and /or Training Sergeant, and a third person designated by the Division Commander. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and /or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents, with the exception of the destruction of animals, shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and /or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of force incident will be included with an incident report. The report(s) shall contain the following information: a. Arrestee /suspect information. p.,, b. Incident number(s), date and time of incident, and re pitng �. officer. c. Description of actual resistance encountered.; ZS 7 == d. All required fields completed in Use of Force report.' ^L� N OPS 03.9 e. The force used by the officer to overcome the resistance and the specific weapon or technique used. f. A description of any alleged or actual injuries to either the officer or suspect. g. Pictures taken of any injuries to either the officer or suspect h. Exposure to Chemical Irritant / OC spray will additionally require the documentation of hospital treatment being offered, supervisor notification, and decontamination procedures. i. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification and the number of cycles /applications used. 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. 4. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E. At a minimum, the Chief of Police and /or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and /or policy modifications. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY A. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soCV as practical by the Chief of Police's designees and completedcas soon as practical. �4 CO �° n3 OPS 03.10 B. The Chief of Police or his /her designee shall decide whether the DCI and /or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. D. The on -duty watch commander /supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. E. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: 1. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or the Chiefs representative, prior to leaving the metropolitan area. If such permission is given, the officer or employee shall supply phone number(s) of their location and duration of their absence. 2. The officer or employee will not discuss the case with anyone except the prosecuting attorney and /or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with their attorney. If the officer or employee may be the subject of internal review or criminal charges their constitutional rights and administrative protections will be maintained. The officer or employee will attend post- traumatic stress counseling at the discretion of the Chief of Police. 3. At the discretion of the Chief of Police, the officer or err!l2yeeWay � be returned to duty upon departmental receipt of noti&&ia ;on° from .u,. the counselor or mental health professional indicating p ofl er's j— fitness for duty. :< F. The investigation and administrative leave policy outlined horein Q not intended to imply or indicate the officer or employee has _ted improperly, but is designed to safeguard the officer or employee and the Department. OPS 03.11 G. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by .a subject; and consideration of the situational framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de- escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer /citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. ' C-) -- c-`. C. Reasonable officer's perception /Reasonable officer's respoaegsee.: attached matrix) t wq Samu I Harga ine, aief o ;4?6KiceE5 a. ru 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. LEVEL ONE Perception - Subject is compliant Response - Cooperative controls (includes: positioning, communications skills, handcuffing searching techniques, arrest and transport controls) OPS 03.12 mental preparation, spatial positions and techniques, COOPERATIVE • '• USE OF FORCE MODEL — FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS MENTAL PREPARATION > > > PERCEPTION SKILLS RISK ASSESSMENT SURVIVAL ORIENTATION SPATIAL POSITIONING > > > OFFICER STANCE BODY LANGUAGE RELATIVE POSITIONING COMMUNICATION SKILLS > > VERBAL NON - VERBAL HANDCUFFING POSITIONS > > > > WALL STANDING PRONE KNEELING _o HANDCUFFING TECHNIQUE > CONTROLLP _. SEARCHING TECHNIQUES > > > > WALL STANDING -=tn PRONE ` <M'- 3„ M KNEELING SPECIALIZED TECHNIQUES > > > OPPOSITE SEX N FRISK '' STRIP ARREST TECHNIQUES > > SINGLE OFFICER MULTIPLE OFFICERS ESCORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS TRANSPORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS OPS 03.13 LEVEL TWO Perception - Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE RESISTANT ( PASSIVE) LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT > MULTIPLE SUBJECTS > ARM CONTACT CONTROLS > WRIST > HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES > TRANSPORT TECHNIQUES ti C -_ c_ r --9 C3 GJ E r` i r- OPS 03.14 LEVEL THREE Perception- Subject is actively resistant Response - Compliance techniques (includes: neuro - muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active) LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO- MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS /ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES N C__3 M lW : "0' ° N OPS 03.15 LEVEL FOUR Perception - Subject is physically assaultive and may cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) *Deployment of canine for apprehension /protection shall be preceded by actions of suspect which are consistent with level 4 ( Assaultive- Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99 -04) shall be followed. C — USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Possible Bodily Harm ) LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, II, III _r a3 PERSONAL WEAPON DEFENSES > > > > > HEAD HANDS ELBOWS FEET KNEES IMPACT WEAPONS ASP > STRIKES LESS LETHAL WEAPONS > > > > IMPACT PROJECTILES CANINE OPERATIONS CONDUCTED ENERGY DEVICES OTHER OPTIONS WEAPON RETENTION TECHNIQUES (Less Lethal) > > > FRONT REAR SIDE OTHER WEAPONS CANINE > CONTROL /APPREHENSION TECHNIQUES *Deployment of canine for apprehension /protection shall be preceded by actions of suspect which are consistent with level 4 ( Assaultive- Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99 -04) shall be followed. C — _r a3 OPS 03.16 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon /weapons attack defense, lethal force utilization with service /supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE LEVEL V DEADLY FORCE (Serious Bodily Harm /Death) ENFORCEMENT ELECTIVES; I, II, III & IV > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK Q Q _ Date of Issue October 11, 1999 Effective Date Julv 15th, 2011 Reevaluation Date October 2012 C.A.L.E.A. 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, 74.3.1, 74.3.2 INDEX AS: Use of Force Citations Prisoner Transport I. PURPOSE ARRESTS General Order Number 99 -11 Section Code LEG - 02 Amends / Cancels Reference LEG -02.1 The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. Arrests :< Discretion e — Domestic Abuse - n Co The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. LEG -02.2 III. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. IV. PROCEDURES ARREST WITHOUT A WARRANT Authorization to arrest is contained make 804.7 of the obedience to of Iowa. A warrant Peace Officer is authorized to ake an arrest delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense shas for Ibelieving been that the percommitted, sonand to the he arrested a tedofficer has has reasonable ground committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. — 1. As required by section 236.12, subsection 2. (Domestic V4seassau�t` Provisions) TREATMENT OF PRISONERS rn In making an arrest, officers will use only that amount of fo2rea ona,�Y�, necessary to effect the arrest. Prisoners shall be treated wW": pqopnate respect. Officers shall not physically mistreat or verbally haras! any irividual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury or in conformity to other general orders. ARREST /CITATIONS All persons charged for simple ddate me,unless misdemeanors and time, l the officer has 'an to appear in court at a specified articulable reason for a physical arrest of the subject. (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles.) Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. LEG -02.3 Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, shall include but shall not be limited to all of the following: (see 805.1(3)(b) Code of Iowa) A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to. the jurisdiction to assure that the person will appear or it reasonably apears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person. (see 805.1(3)(c) Code of Iowa): A. Place and length of residence. _ B. Family relationships. C. References. D. Present and past employment. _}:, _: e E. Criminal record. F. Nature and circumstances of the alleged offense. r G. Other facts relevant to the likelihood of the person's response to a citation. Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. LEG -02.4 TURN IN PROCESS When arrangements have been made for a subject to turn him /herself in at a later date, the charging officer shall: A. notify the Station Master of the date and time that the person will turn him /herself in; B. advise the Station Master of the location of the charge(s); C. fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him /her and transport him /her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any un- served warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter 804 of the Code of Iowa. Section 804.6 of the Code of Iowa is as follows: Persons authorized to make an arrest. An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace officer or by a private person as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. ° CD C. Warrants will be prioritized as follow: :mac C-) C_ 1. warrants for persons known to be violent or potentially dan eTQ usr ` 2. felony warrants = -ic- -, w 3. warrants for indictable offenses; 4. non- violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant ia:sfill active the pickup limits of the warrant, prior to service of the warranty' o E. All warrants shall be served by sworn officers. LEG -02.5 F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their In Car Recording Device when serving the warrant. H. Officers shall notify JECC of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: 1. obtain the permission of a watch supervisor; 2. advise the JECC of the action; 3. contact the local agency with jurisdiction and request the presence of a local officer during the arrest. USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST. A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use dead force against any person unless immediately apprehended.; -- A P eace officer making an arrest pursuant to an invalid warrant i��tif&d in fthaw use of any force which the peace officer would be justified in usirg1jt#,the.4warr were valid, unless the peace officer knows that the warrant is invatr"dr, F-D DISCRETION The Iowa City Police Department recognizes that there are often alternages to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the LEG -02.6 decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident and directives from supervisors. B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. i Samuel Hargadin hief f 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: 7 C o ca LEG -02.7 APPENDIX I Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty. The articles of equipment personally owned by such members are exempt from seizure or sale for debt." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detainad for a substantial period of time there may be notification requirement�� Ir�these circumstances, refer to the Consular Notification and Access public an "ich available on -line at the U.S. State Departments web site. CD �y co OPS -20.1 PATROL RIFLE Date of Issue General Order Number August 28, 2007 07 -01 Effective Date t Section Code July 25, 2011 OPS -20 Reevaluation Date Amends /Cancels August 2012 C. A. L. E. A. Reference 1.3.9, 1.3.10, 1.3.11 II. POLICY The Iowa City Police Department issues or approves semi - automatic rifles to specifically selected officers for unconventional situations where the police may face heavily armed and /or ballistically protected suspects. These rifles are a tool to allow the potential resolution of these incidents by providing a tactical advantage not available with more conventional police firearms. tV n INDEX AS: _ r7 C.- Ammunition Training Firearms Weapons Munitions Use of Force SRT 03 ry I. PURPOSE To provide guidelines for the proper use of semi - automatic rifles in the performance of police duties. II. POLICY The Iowa City Police Department issues or approves semi - automatic rifles to specifically selected officers for unconventional situations where the police may face heavily armed and /or ballistically protected suspects. These rifles are a tool to allow the potential resolution of these incidents by providing a tactical advantage not available with more conventional police firearms. OPS -20.2 III. DEFINITIONS SEMI - AUTOMATIC RIFLE - For the purposes of this order, the ICPD issue patrol rifle is the Rock River Arms CAR A4- a semi - automatic rifle in .223 caliber with 16 inch barrel and 30 round capacity box magazine. PATROL RIFLE OPERATOR (PRO) - A specially selected and trained officer of the patrol division currently issued one of the above rifles; or an officer selected and trained to carry a personally owned rifle approved by the department. Operators are selected based on guidelines established by the Commander of Field Operations. IV. RULES A. Patrol rifles are only to be deployed under guidelines established by this order. B. The decision to fire the rifle shall be in accordance with State Law and the ICPD Use of Force General Order 99 -05. C. Off -duty Patrol Rifle Operators may only remove agency issued rifles from the Department premises for practice purposes. Rifles shall be stored and secured in accordance with Iowa Code 724.22(7) and ICPD General Order 00 -08 Weapons. N L� V. PROCEDURES A. Deployment of Patrol Rifles r, ur r- 1. Patrol Rifles shall be deployed only in situations that IfiF-Offlder JZ) ­­ reasonably believes that the tactical advantage affordec °byc I%e rifle may be necessary. ry This order does not seek to articulate the only situations where rifle deployment is appropriate. The on -scene judgment of the officer or supervisor is the first indicator of appropriate deployment. 2. The patrol rifle may be deployed in situations: a. Where the officer believes a suspect he /she may encounter is wearing protective body armor or b. Is believed to be armed with or has immediate access to high powered or shoulder fired weapons or C. Is believed to be armed and situated in a distant or fortified location which affords the suspect a tactically superior position. OPS -20.3 d. Other situations where approval for deployment of patrol rifle is authorized by the Watch Supervisor. B. Department Guidelines for Patrol Deployment 2. 3 The patrol rifle is issued to individual officers specially trained in their use. The rifles are issued in protective cases with up to 90 rounds of department approved and issued ammunition. a. All rifles are to be stored in the trunk of the assigned officer's patrol car during their tour of duty. Department issued rifles are to be secured in the officer's locker at the end of tour. No rifles shall be left in fleet vehicle trunks. b. Officers are responsible for the safe and secure storage of their issued rifles at all times. Physical readiness of the rifle. a. The rifle shall be stored in the case with a magazine inserted in the rifle, chamber empty, and safety on. b. Rifle magazines will be loaded consistent with the training provided by Departmental PRO Instructors. C. The rifle should be inspected frequently and adequately maintained. An armorer's inspection of the rifle and its magazines shall occur at a minimum of one time per year. Qualification a. PRO's shall qualify with the rifle bi- annually in addition to quarterly sight confirmation in accordance with standards established by the Department's Rifle Instructors. b. During qualification, failure to fire a passing score will result in a second attempt approximately one month later. Failure to fire a passing score at that time will result in the officer being suspended from the rifle program for a period of not less than three months. Upon failure to qualify on the second attempt, the officer shall surrender the department issued rifle to their Watch Commander. The Watch Commander may re -issue the rifle to another qualified PRO on the watch or the Commanding Officer Field Operations may designate a new PRO. Upon the expiration of the 3- months, the Commanding Officer Field Operations shall determine if the rifle will remain with the current PRO or revert to the original officer. c: OPS -20.4 C. Personally Owned Patrol Rifles: The Iowa City Police Department may allow individual officers to purchase and carry their own patrol rifles, on duty, pursuant to this order. Qualifications for Individually Owned Patrol Rifles a. The officer must have successfully completed his /her probationary period. b. The officer must submit a request to the Commander or Field Operations, via the Chain of Command. C. The officer's immediate supervisor and the Commander of Field Operations must approve the officer and weapon before a personally owned rifle can be used on duty. d. The rifle shall be inspected by the department's Lead Range Officer in accordance with General Order 00 -08 Weapons. 2. Training a. Officers desiring to purchase and carry their own rifle must complete the same training and qualification as PRO's using Department owned weapons. b. The Department Rifle Instructors shall track and keep records of both department owned and personally owned rifles being used by Patrol Rifle Operators. All qualification and sight confirmation records will be provided to the Department's training officer. C. The officers approved to carry personally owned rifles must successfully complete bi- annual department rifle qualifications and quarterly sight confirmation. Qualification rules as outlined in Section B3 above apply to personally owned rifles as well. 3. Weapon Specifications a. Rifle shall be a gas- operated, semi - automatic, .223 - caliber rifle of the type commonly known as AR -15, but with various designations depending upon manufacturer. b. Rifle manufacturer must be approved by Commander of Field Operations. C. The rifle barrel must be between 16 and 20 inches in length and may have either a fixed or collapsible stock. Officers who wish to carry a National Firearms Act registered short barreled rifle with a barrel length of le,s,,s than 16 inches may do so with proof of r4stratio_`�i submitted at time of application. Barrels of less -4han qD --- j inches are prohibited. d. Rifle must be equipped with an approved tactica#Rg.'ul �°° OPS -20.5 e. Rifle must have an attached light with illumination capabilities of at least 65 Lumens. f. The rifle must have either fixed or flip -up iron sights. g. An optical sighting device may be used. Common examples of acceptable optics would be Aimpoint or EOTech holographic sights. h. Officers shall only use magazines approved by the Commanding Officer Field Operations. Magazines shall be inspected on an annual basis by a Departmental Armorer. i. Officers must have an appropriate case to protect the rifle in the patrol car. j. Rifle skull only be deployed with .223 ammunition approved and supplied by the Iowa City Police Department. k. The owner of any weapon(s) approved pursuant to this policy; is responsible for all expenses related to the care, repair and maintenance of the weapon unless otherwise approved by the Commanding Officer Field Operations. D. Special Response Team Members Trained SRT members may carry their assigned shoulder weapon while on duty and on their patrol watch. SRT members carrying their assigned weapon must follow the guidelines provided in this policy. E. To the extent practical, each Watch Commander will have assigned to their watch four (4) Patrol Rifle Operators. If an officer is a designated PRO and desires to transfer to another watch, that officer may be removed from the Patrol Rifle program and the rifle surrendered to the Watch Commander. The Watch Commander shall secure the weapon and may designate another officer as a PRO. The newly appointed PRO shall have completed the minimum course for Patrol Rifle Operators and supply qualifying range scores and sight confirmation records to the Training and Accreditation Sergeant. -G rte �of Cn Sa uel Hargal Chief Pot l �:-� 4 CO WARNING This directive is for departmental use only and does `not apply in any criminal or civil I 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. :9� September 27, 2011 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #11 -01 Filed: 06/24/11 Chief's Report due (90days): 09/22/11 Chief's Report filed: 09/20/11 PCRB Mtg #1 (Review & Assign) 09/27/11 PCRB Mtg #2 (Review) ? ?/ ? ?/11 PCRB Report due (45days): 11/04/11 PCRB MEETING SCHEDULE October 25, 2011 November 8, 2011 December 13, 2011 January 10, 2012 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 2011 Date Description 7/11/11 Office visit from woman with questions regarding complaint process procedures. POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS August 2011 Date Description r more complaint forms. (sent 10) 8/04/11 Request from Library fo