HomeMy WebLinkAbout05-05-2014 Citizens Police Review BoardMEMORANDUM
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
April 30, 2014
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on May 5, 2014
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 05105/14
• Minutes of the meeting on 04/21/2014
• ICPD Memorandum #14 -05 (1" Quarter 2014 Use of Force Review)
• ICPD Use of Force Report — January 2014
ICPD Use of Force Report — February 2014
ICPD Use of Force Report — March 2014
ICPD Memorandum (Quarterly Summary Report IAIR /CPRB, 1" Quarter 2014)
Email from Joseph Jason — Criticism of Iowa City Police Department, Johnson County
Prosecutor and Johnson County Board of Supervisors
• Email from Scott Dean — Civilian Oversight Meet -Up
• Center for Worker Justice — Know Your Rights Workshops 2014
Memorandum from Legal Counsel — Suggestions for public reports
• Request to City Council for Extension regarding CPRB Complaint #13 -07
Office Contacts —April 2014
• Complaint Deadlines
• Board Member contact list
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more
information see: www.NACOLE.org
F-TeTW
CITIZENS POLICE REVIEW BOARD
May 5, 2014 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO.1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 04/21/14
• ICPD Memorandum #14 -05 (1st Quarter 2014 Use of Force Review)
• ICPD Use of Force Report — January 2014
• ICPD Use of Force Report — February 2014
• ICPD Use of Force Report — March 2014
• ICPD Memorandum (Quarterly Summary Report [AIR /CPRB, 1st Quarter 2014)
• Email from Joseph Jason — Criticism of Iowa City Police Department, Johnson
County Prosecutor and Johnson County Board of Supervisors
• Email from Scott Dean — Civilian Oversight Meet -Up
• Center for Worker Justice — Know Your Rights Workshops 2014
ITEM NO. 3 OLD BUSINESS
• Community Forum
• Video
ITEM NO. 4
NEW BUSINESS
• Public Report Format
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
• May 13, 2014, 6:00 PM, IC Public Library, Room A - Annual Community Forum
• June 10, 2014, 5:30 PM, Helling Conference Rm
• July 8, 2014, 5:30 PM, Helling Conference Rm
• August 12, 2014, 5:30 PM, Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
• T 1 -
CITIZENS POLICE REVIEW BOARD
MINUTES — April 21, 2014
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Melissa Jensen, Donald King, Mazahir Salih (5:37 PM)
MEMBERS ABSENT: Royceann Porter
STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Captain Doug Hart of the ICPD; Marian Karr, City Clerk
and Jerry Nixon, Cable TV Gov. Programmer
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #13 -05
(2) Request a 45 -day extension for CPRB Complaint #13 -07
CONSENT CALENDAR
Motion by King, seconded by Jensen, to adopt the consent calendar as presented or
amended.
o Minutes of the meeting on 03/11/14
Motion carried, 3/0, Porter and Salih absent.
OLD BUSINESS
Community Forum — The forum is set for Tuesday, May 13th. Treloar and Jensen will work
together to work on an introduction piece for the forum. Tuttle handed out an email received
for the forum. The Board agreed to forward the email to the Police Department for a response
and acknowledge receipt and read the email and the response at the forum.
Video — Karr stressed the importance of Board members participating and scheduling a time
for their interview for the video. Nixon said he was willing to work with Board members to find
a time that will work for them. He also offered to be available before and after their next
meeting.
NEW BUSINESS
None.
(Karr and Nixon left the meeting)
PUBLIC DISCUSSION
Hart introduced himself to the Board as Captain Wyss's replacement due to his retirement.
April 21, 2014
Page 2
BOARD INFORMATION
Salih reported that many members of the Sudanese community have contacted her regarding
the process of a pending taxi investigation. Many members of the community were confused of
what their rights are and the proceedures of the Police Department. Hart suggested holding a
community meeting where they can educate and give them the opportunity to ask questions.
He said to contact the new Public Relations Officer AI Mebus to set up a meeting.
King announced that this was his last meeting and that he was resigning from the Board. Staff
requested that he send an email to include in the Council packet. Treloar extended his thanks
for his service to the Board and the Community.
STAFF INFORMATION
Tuttle asked the Board to look over the contact sheet and let her know if there are any
corrections needed.
EXECUTIVE SESSION
Motion by King, seconded by Jensen to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by
state or federal law to be kept confidential or to be kept confidential as a condition for that
government body's possession or continued receipt of federal funds, and 22.7(11) personal
information in confidential personnel records of public bodies including but not limited to cities,
boards of supervisors and school districts, and 22 -7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications
not required by law, rule or procedure that are made to a government body or to any of its
employees by identified persons outside of government, to the extent that the government
body receiving those communications from such persons outside of government could
reasonably believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 4/0, Porter absent. Open session adjourned at 6:10 P.M.
REGULAR SESSION
Returned to open session at 7:49 P.M.
Motion by Jensen, seconded by King to forward the Public Report as amended for CPRB
Complaint #13 -05 to City Council.
Motion carried, 4/0, Porter absent.
Motion by Jensen, seconded by King to request a 45 -day extension for CPRB Complaint
#13 -07, due to a second request for additional information from the Iowa City Police
Department; and direct staff to request the information for review at their next meeting.
Motion carried, 4/0, Porter absent
CPRB
April 21, 2014
Page 3
Motion by Jensen, seconded by Salih to set the level of review for CPRB Complaint #14 -01 to
8 -8 -7 (13)(1)(d), Request additional investigation by the Police Chief or City Manager, or
request police assistance in the Board's own investigation; and direct staff to request additional
information from the Iowa City Police Department regarding CPRB Complaint #14 -01.
Motion carried, 4/0, Porter absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• May 5, 2014, 5:30 PM, TBD
• May 13, 2014, 6:00 PM, IC Public Library, Room A - Annual Community Forum
• June 10, 2014, 5:30 PM, Helling Conference Rm
• July 8, 2014, 5:30 PM, Helling Conference Rm
Moved by Jensen, seconded by Salih to schedule a Monday, May 5t" meeting at 5:30 PM.
Motion carried, 4/0, Porter absent.
ADJOURNMENT
Motion for adjournment by King, seconded by Salih.
Motion carried, 4/0, Porter absent.
Meeting adjourned at 7:56 P.M.
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CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -1826
(319) 356 -5041
April 21, 2014
Re: Investigation of CPRB Complaint #13 -05
This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation
of Complaint CPRB #13 -05 (the "Complaint ").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the
Police Chief's Report ( "Report ") of his investigation of a complaint. The City Code requires the
Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to
the Report "because of the Police Chief's professional expertise ", Section 8 -8 -7 B (2). While the
City Code directs the Board to make "Findings of Fact ", it also requires that the Board
recommend that the Police Chief reverse or modify his findings only if these findings are
"unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are
"contrary to a Police Department policy or practice, or any Federal, State or local law ", Section
8 -8 -7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on October 22, 2013. As required by Section
8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on January 21, 2014.
The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (B) (1) (d),
Request additional investigation by the Police Chief or City Manager, or request police
assistance in the Board's own investigation.
The Board met to consider the Report on January 28, 2014, February 11, 2014, March 11,
2014, and April 21, 2014.
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To: City Council
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Complainant
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City Manager
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Sam Hargadine, Chief of Police
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From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #13 -05
This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation
of Complaint CPRB #13 -05 (the "Complaint ").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the
Police Chief's Report ( "Report ") of his investigation of a complaint. The City Code requires the
Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to
the Report "because of the Police Chief's professional expertise ", Section 8 -8 -7 B (2). While the
City Code directs the Board to make "Findings of Fact ", it also requires that the Board
recommend that the Police Chief reverse or modify his findings only if these findings are
"unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are
"contrary to a Police Department policy or practice, or any Federal, State or local law ", Section
8 -8 -7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on October 22, 2013. As required by Section
8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on January 21, 2014.
The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (B) (1) (d),
Request additional investigation by the Police Chief or City Manager, or request police
assistance in the Board's own investigation.
The Board met to consider the Report on January 28, 2014, February 11, 2014, March 11,
2014, and April 21, 2014.
FINDINGS OF FACT
On August 31, 2013 at approximately 1843 hours, the Complainant called 9 -1 -1 about his camera
being stolen while he was at the Airliner. At 1846, an officer was dispatched and arrived about four
minutes later but could not locate the Complainant.
At approximately 1931 hours the Complainant again called 9 -1 -1 where he becomes abusive and
curses the dispatcher. During the call he is told the officer was there but could not locate him. The
Complainant tells the dispatcher that he is across the street at the bus stop and will wait for the
officer.
At 1938 hours the Complainant again calls the 9 -1 -1 dispatcher for the third time. He is again
abusive and swearing and hangs up on the dispatcher. Less than a minute later he calls again for
the fourth time, more irate and swearing. The Complainant claims he has been waiting for two
hours for an officer to show up.
Officers arrive two minutes later. When asked what had happened, the Complainant says the "And
the person in dispatch got all stupid and shit on me." While talking with the Complainant the officers
noticed signs of intoxication so they asked if he had been drinking. He admitted that he had
something to drink but declines to take a breath test on three different occasions.
After the Complainant refused a breath test he was arrested for public intoxication. The
Complainant is walked to the officer's vehicle and told to put his bag on the trunk of the car. During
the arrest the Complainant turns to his right and both officers began to make comments or give
instructions indicating that the Complainant did something unexpected.
The Complainant later explained that he turned because one of the officers had grabbed his bag
from behind unexpectedly and he reacted. Both officers thought the bag was already on the
vehicle. Officer A thought the Complainant was turning around to continue to debate his arrest and
the officer did not think the Complainant was being resistive or non - compliant. Both officers said
that the complainant was "moved" back toward the car and finished handcuffing him.
After he was handcuffed, he was placed in the back of the patrol car without incident. The
complainant was offered a post- arrest breath test which was refused. There was no mention from
the complainant that he wanted an alternate test. Officer A attempted to gather information about
the missing camera. The camera bag was searched and placed in the back of Officer B's vehicle
and taken to the Wilson Building to await the Complainant's release from jail. Neither officer recalls
seeing an Pad or a point and shoot digital camera in the complainant's bag.
ALLEGATION 1:
Complainant alleges that Officers violated his rights by not reading him a Miranda warnfid after he
was arrested.
Once the Complainant was in custody he was only asked about his missingp, c6mgm an his
address. The questions did not deal with the charges against him which wour�Piave tngge d�a
Miranda warning. r �? r g
NOT SUSTAINED "
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ALLEGATION 2:
Complainant alleges that officers used excessive force
Investigation shows that while the Complainant was being handcuffed he turned toward one of the
officers, regardless of the reason for his action, there is no evidence that the officers used
excessive force and if they used force it appears to be minimal.
NOT SUSTAINED
ALLEGATION 3:
Complainant complained that the officers threw his bag into the patrol car.
Video from the patrol vehicle shows that the officer set the Complainant's bag in the back seat of
the car. He does not throw the bag in the car and can clearly be seen setting the bag in his patrol
car.
NOT SUSTAINED
COMMENTS:
None.
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DEPARTMENT MEMO #14 -05
TO:
Chief Hargadine
FROM:
Captain Doulas S. Hart
RE:
1st Quarter 2014 Use of Force Review
DATE:
April 22, 2014
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The "Use of Force Review Committee" met on April 22, 2014. It was composed of Captain
Steffen, Sgt. Lalla and Captain Hart.
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For the review of submitted reports in January, 40 Officers were involved in 23 separate
incidents requiring use of force. In February, 29 Officers were involved in 18 separate incidents
requiring use of force. 42 Officers were involved in 21 separate incidents requiring use of force
in March.
All issues or concerns were identified and addressed at previous levels of review. Officers are
reminded of the following: results of use of force section should be completed in every case that
a report is submitted, Officers and Supervisors need to complete the date and time their UOF
narratives are completed, injuries for Officers and suspects must be documented in a UOF report
including a description of the injury and that the injury was photographed, Officers and
Supervisors need to complete the electronic signature box, Officers should only document their
own use of force, Officers should only fill in the firearm discharge section if a firearm was
discharged and not displayed, the weapons used section should only include weapons that a
suspect used on an Officer, and Officers should not cut and paste from their incident report to
complete the UOF form.
Of the incidents reviewed over the three month period, a Taser was discharged on two occasions,
and on five occasions a Taser was displayed which resulted in compliance without deployment.
There were no SRT call outs where officers displayed assigned weapons towards multiple
people. In ten other incidents officers responded to calls where their firearm was displayed. In
seven incidents officers fired their sidearm to destroy injured animals.
Of the 74 incidents reviewed, 6 suspects and 5 Officers sustained superficial injuries as a result
of the use of force.
Please contact me if you have any questions.
Copy: City Manager, CPRB, Watch Commanders, Review Committee
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
January 2014
Ofc #
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Inc #
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Ofc #
Date
Inc #
Incident
For%apsec6 ��
10,55
01/01
2014000005
Fight
Officers used hand- oricdntrol and take -down
techniques to take the'fight, ulooperative
subject into custody.
35,20,
01/01
2014000009
Suspicious
Two officers used hands on control & take down
57
Vehicle
techniques to take 2 different fighting, resistive
subjects into custody. The third officer displayed
his activated taser to keep several aggressive,
agitated subjects back from the 1't 2 officers.
23,64,
01/02
2014000055
Fight
Officers used hands on control techniques & 1
42
officer discharged OC spray to take the fighting,
assaultive subject into custody.
37
01/04
2014000119
Injured Animal
Officer discharged his sidearm to put down an
injured deer.
92
01105
2014000131
Assist Other
Officer deployed Stop Sticks in an attempt to
Agency
slow down a vehicle being pursued through
Iowa City by the JCSO.
52,67
01/06
2014000141
Welfare Check
Officers used hands -on control techniques to
take the resistive subject into custody after they
found her passed out in her running vehicle.
48,22,
01/11
2014000306
Assist Other
1 officer displayed his side arm and 2 officers
52
Agency (Armed
displayed their patrol rifles when confronting an
subject)
armed subject who had discharged rounds from
a firearm. Assist JCSO
18,52
01/12
2014000336
Fight
Officers used hands -on control techniques to
put the assaultive subject into the squad car
after his arrest.
66,65
01114
2014000432
Traffic Stop
Officers used hands -on control and take -down
techniques to take the uncooperative, resisting
subject into custody.
32
01115
2014000464
Fight
Officer used hands -on control and take down
techniques to take the resisting subject into
custody.
24,02
01/16
2014000470
Domestic
Officers displayed their side arms after having
Dispute
to force entry into a residence where they could
hear a domestic dispute taking lace.
32
01116
2014000490
Juvenile
Officer used hand cuffs when taking a violent
Warrant Arrest
juvenile into custody for transport to detention.
24
01/17
2014000544
Noise
Officer used hands on control and take down
Complaint
techniques to take the fleeing subject into
custody.
26
01/18
2014000556
Trespass
Officer used hands -on control techniques to
take the resisting, uncooperative subject into
0
custody.
32,11
01/18
2014000584
Traffic Stop
Officers used hand -on and take -down control
techniques to remove the resistive driver from
his vehicle and take him into custody
66,64
01/19
2014000615
Warrant
Service
Officers used hands on control techniques to
take the resisting, uncooperative subject into
custody.
42
01/20
2014000656
Injured Animal
Officer discharged his sidearm to put down a
sick raccoon.
37,32
01/20
2014000674
Mental
Impairment
Officers used hand -on control & take down
techniques, & 1 officer displayed his taser, to
take the suicidal, assaultive subject into custody
for transport to the hospital.
11,51
01/23
2014000801
Trespass
Officers used hands -on control and take down
techniques to take the resisting, assaultive
subject into custody.
30
01/26
2014000927
Injured Animal
Officer discharged his side -arm to put down an
injured deer.
02,24
01/27
2014000990
Welfare Check
Officers used hands -on control, active counter
measures & take -down techniques to take the
assaultive subject into custody.
31
01/28
2014001002
Warrant
Service
Officer displayed his sidearm when confronting
a wanted subject who was hiding from officers
in a closet.
10,24
01 /29
2014001065
Fight
Officers used hands on control techniques to
take the resisting subject into custody.
0
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
February 2014
Ofc #
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02/01
2014001179
Fight
Officer used hands -orild taG down control
Ofc #
Date
Inc #
Incident
Foreeset
55
02/01
2014001179
Fight
Officer used hands -orild taG down control
techniques to take the assaultive, resisting
subject into custody.
37
02103
2014001276
OWI
Officer used hands -on control techniques to
control the subject who became assaultive after
being cuffed.
8,7,5,
02/04
2014001282
Search Warrant
While making entry to execute a search warrant
45,87
4 officer displayed their side -arms and 1 officer
displayed a shotgun.
32
02/07
201401420
Domestic
Officer used hands on control techniques to
Dispute
take the assaultive subject into custody after
observing the subject punch a woman in the
face.
64,32
02/07
201401434
Intoxicated
Officers used hands on control and takedown
Subject
techniques to take the fighting subject into
custody.
22
02107
2014001437
Fight
Officer used hands -on control techniques to
disengage the assaultive subject from another
person he was fighting with and take him into
custody.
66
02/08
2014001445
Intoxicated
Officer used hands on control techniques to
Subject
take the subject, who was fleeing from other
officers, into custody.
22
02/08
2014001448
Intoxicated
Officer used hands on control techniques to
subject
take the agitated, assaultive subject into
custody to be transported to the hospital.
68
02/09
201401502
Sexual Assault
Officer displayed his side -arm when
approaching a suspect (known to be armed &
dangerous) who was in a taxi cab.
66,65
02/11
2014001583
Fight
Officers used hands -on control and take -down
control techniques to take the subject into
custody after he assaulted one of the officers.
15,67
02/11
2014001591
Suspicious
Officers used hands on control techniques to
65
Person /OWI
remove the uncooperative, resisting subject
from the driver's seat of the vehicle when he
refused to do so on his own.
30
02/14
2014001676
Bar Check
Officers used hands on control and take down
techniques to take the fleeing subject into
custody.
68,52,
18
02/15
2014001739
Domestic /Burg
in Progress
1 Officer displayed side arm upon initial entry to
residence where violent subject had forced
entry, then transitioned to taser display; Officers
used hands on control & take down techniques
attempting to take assaultive subject into
custody; One officer discharged his taser when
hands on techniques were unsuccessful.
67
02/16
2014001769
Fight
Officer displayed his activated taser when he
came upon two subjects actively fighting in the
ed Mall.
2
02/20
2014001959
Fight
Officer used hands on control techniques to
take the fleeing subject into custody.
60,16
02/22
2014002027
Fight
Officers used hands -on control techniques and
active counter measures to take the assaultive
subject into custody.
10
02/23
2014002060
Traffic Stop
Officer used hands -on control and take down
techniques to take the fleeing subject into
custody.
68
02/28
2014002244
Traffic Stop
Officer used hands -on control techniques to
take the resistive subject into custody.
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IOWA CITY POLICE DEPARTMENT v
USE OF FORCE REPORT
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March 2014
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Ofc #
Date
Inc #
Incident
Forr'sed-
46.90
03/02
2014002347
Intoxicated
Officers used hands -on contra techniques to
Pedestrian
take the uncooperative subject into custody.
Officer used hands -on control techniques to
10
03/02
2014002348
Fight
take the fighting, uncooperative subject into
custody.
Officer used hands -on control techniques to
66
03/02
2014002350
Fight
take the fighting, uncooperative subject into
custody.
64
03/04
2014002447
Injured Animal
Officer discharged his side -arm to put down an
inured deer.
8,7,45,
03106
2014002460
Search Warrant
Officers all displayed their side -arms when
22,51,
making entry to execute a search warrant. One
61,18
officer used hands -on & take -down control
techniques to take one uncooperative, resisting
subject into custody.
37
03106
2014002521
Injured Animal
Officer discharged his side -arm to put down an
inured deer.
35
03/07
2014002564
Injured Animal
Officer discharged his side -arm to put down an
injured deer.
40
03/07
2014002578
Fight
Officer used hands -on techniques to control the
angry, aggressive subject who calmed down
and was not taken into custody.
59,55,
03107
2014002582
Shots Fired
6 officers displayed side -arms, 4 officers
40,46,
displayed patrol rifles & 1 officer displayed his
15,67,
shotgun when responding to a shots -fired call
52,29,
(where 1 person was seriously injured) &
48,10,
officers encountered a large crowd and chaotic
24
situation.
66
03/08
2014002624
Bar Check
Officers used hand -on & take -down control
techniques to take the fleeing subject into
custody.
Officers used hands -on control and take -down
18,24,
03/12
2014002783
Prowler
techniques, & 1 officer discharged OC spray to
48
gain compliance & take the resistive subject into
custody.
24
03/13
2014003235
Armed Subject
Officer responded to a report of an armed
subject and drew his side - arm(did not point it at
anyone) when he encountered the subject
holding a gun.
24
03/14
2014002853
Out With
Officer used hands -on control and Take -down
Subject
techniques to take the assaultive subject into
custody.
42
03/16
2014002916
Injured Animal
Officer discharged his sidearm to put down an
inured deer
24
03/25
2014003204
Fight
Officer discharged his taser when he
encountered the assaultive individual who
refused numerous verbal commands to stop
punchinq another subject.
62
03125
2014003232
Warrant Arrest
Officer displayed his side -arm when he
encountered the wanted subject hiding under a
pile of clothes in a closet.
20,44
03/28
-
0014003332
Bar Check
Officers used hands -on control and take down
techniques to take the uncooperative, resisting
subject into custody.
2
03/29
2014003340
Fight
Officer used hands -on and take -down control
techniques to take the assaultive subject into
custody.
68
03/29
2014003342
Fight
Officer used hands -on &take -down control
techniques to take the resistive subject into
custody after he attempted to flee.
62,63
03/29
2014003347
Public Urination
Suspect already in custody began to resist
officers and tried to flee. Officers used hands -on
control techniques to maintain custody of the
subject.
68
3/31
2014003427
Domestic
Disturbance
Officer displayed his side arm as he forced
entry into a residence where a domestic dispute
was reported & the call to 911 went dead
suddenly.
N
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Memorandum
TO: File
FROM: Captain Jim Steffen, Administrative Services
RE: Quarterly Summary Report IAIR/CPRB, 1 st Quarter 2014
DATE: April 23, 2014
Attached you will find the IAIR /CPRB 2014 first quarter summary report for the Iowa
City Police Department Internal Affairs /Citizen's Police Review Board investigative file.
There were five investigations initiated in the first quarter of 2014. Of these, four
originated internally and one externally. The attached summary reflects the first quarter
investigations in 2014.
cc: CPRB
Chief Hargadine
Sgt. David Droll
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Marian Karr
From: Marian Karr
Sent: Monday, April 21, 2014 2:01 PM
To: 'Joseph M. Jason'; Kellie Tuttle; Council; Jamie Mondics; Jean Basinger; Polly Tommey; Tony
Lays; Bruce [DOC] Sieleni; bconstable @dailyherald.com; Ron Honberg
Subject: RE: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson
County Board of Supervisors
Dear Mr. Jason,
Thank you for your correspondence. I will forward this to the City Council and to the Citizens Police Review Board. If
you would like to formally file a complaint with the Police Department and /or the Board please contact me.
Marian K. Karr, MMC
City Clerk
From: Joseph M. Jason [mailto:jmj2400 @yahoo.com]
Sent: Monday, April 21, 2014 1:25 PM
To: Kellie Tuttle; Council; Jamie Mondics; Jean Basinger; Polly Tommey; Tony Leys; Bruce [DOC] Sieleni;
bconstable @dailyherald.com; Ron Honberg
Subject: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors
The following is testimony from Joseph M. Jason - President of National Alliance on Mental Illness -BA
regarding inappropriate handling of people with Asperger Syndrome by the Iowa City Police
Department and Johnson County Prosecutor's Office Re: Daniel S. Jason
To: Kellie Tuttle
From:Joseph M. Jason - President - National Alliance on Mental Illness -BA
Email sent 04/05/2014
Mr. Hargadine:
I also wanted to share my criticism of your police department with you.
I just wanted to give you information on the Criminalization of Asperger Syndrome in Iowa City. I watched the
trial of my son. Your police department is also a large part of the problem in the Criminalization of Asperger
Syndrome. They have been part of implementing cruel and unusual punishment on the autistic community. I
have done radio interviews and been interviewed for new articles. Your police officers do not understand
mental illness and Asperger Syndrome nor do they want to. I thought it was very interesting that Detective
Hartman ignored me when I met with him. He was just typing and doing his work. Also he did not bother to
watch Dr. Mills testify regarding Daniel's actions. He only listened to Dr. Gunter who did not have the
cooperation of Daniel.
This has been a shameful episode in Iowa City. My son could get 55 years for non - violent crimes. He never
went to Iowa and never harmed anybody. Detective Hartman's deposition was filled with numerous factual
inaccuracies. He looked all over for the whereabouts for Daniel. He contacted shelters and motels. He did
everything, but call my house where Daniel was living.
Joseph M. Jason, President NAMI BA (847)537 -3009
Board Member of Criminal Justice Advocacy for People with Mental Illness
Board Member CURE Illinois
583 Cobblestone Lane
Buffalo Grove, Illinois 60089
The following is testimony presented to Washington.
04/04/2014
To:Ms. Lina Perez
Office of Autism Research Coordination
National Institutes of Mental Health, NIH
6001 Executive Boulevard, NSC
Room 6182A
Rockville, MD 20852
Phone: 301 -443 -6040
E -mail: IACCpublicinguiriesAmail .nih.gov
To: kellie- tuttleAiowa- citv.org
From: Joseph M. Jason - President of National Alliance on Mental Illness - Barrington Area and CURE
Illinois Board Director
My son with Asperger Syndrome has undergone cruel and unusual punishment in the State of Iowa by
the state and federal government since March of 2007. He has been incarcerated with the exception of
four months in jails and prisons for non - violent crimes. Please read the following information from my
petition that follows. I have done a radio interview and had articles written in the paper about the grave
injustice happening to my son due to his Asperger Syndrome.
The crucifixion of Daniel S. Jason in Iowa City, Iowa Posted onSeptember 28,
2013 by iosephmiason Overzealous Prosecutors in Johnson County take care of the mentally ill problem
by Joseph M. Jason- President NAMI BA Iowa prosecutes are intending to convict my son and send
him to prison again for perhaps 55 years for non- violent crimes. The trial was going to
commence October 22, 2013, but there had been a continuance. The trial took place on February 25,
2014 and lasted three days. The actions of the prosecution in Iowa City are indicative of the
criminalization of Asperger Syndrome. My son was tried at this date for extortion and stalking. My son
sent various entails and made two phone calls. These charges are a travesty. My wife and I met with the
prosecutor in December of 2012 and explained Asperger Syndrome and mental illness. We explained that
our son's behavior is childlike rather than criminal. We told them he needs treatment and not
incarceration.
We gave them a forensic psychiatrist's report that demonstrates lie is not violent. He is a nuisance. We
told them that his behavior acceding to Dr. Mills is typical of one with Asperger Syndrome. We told
them he has an organic brain disorder. His criminal behavior consists only of phone calls and
entails. This meeting has made no difference. If the Iowa prosecutor's office was serious about avoiding
an expensive trial, they would have offered a humane plea agreement. Instead they offered an agreement
of ten years. During the trial Dr. Mills testified that Daniel has no history of violence. In fact people with
Asperger Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His
actions are part of having Asperger Syndrome and not a suitor stalker. His actions were flawed and
ambivalent. He did not want to contact his ex- girlfriend so he chose a flawed way. He had her phone
number and did not call it. He was blowing off steam. Daniel cannot connect the dots. There is a
disconnect between how we feel and how he feels. Daniel made reference to an embarrassing incident in
the Johnson county auditor's office. This referred to an employee who defecated in their pants. He was
given two counts of extortion for this by overzealous Johnson County prosecutors.
Perhaps the voters of Iowa should be told how much it has cost to prosecute and imprison Daniel in
Iowa. The typical offender sitting in Johnson Comity right now has been charged with robbery, theft,
nu rder, sexual abuse, domestic abuse assault, drug offenses etc. My son is not a thug, but yet will get the
stiffest sentence out of all of them. It is the criminalization of Asperger Syndrome. A full ore -third of
the nation's states get a D or F grade for using mental health courts and crisis intervention teams (CIT) —
diversion programs proven to reduce the criminalization of nnentai illness, the study found. Iowa
received a well deserved F. "People with untreated psychiatric disease should begetting the treatment
they need before law enforcement shows up at their door because of behaviors caused by their illness,"
said Doris A. Fuller, executive director. I had a deposition earlier this year recently and they tried to
twist Dr. Mills' report. They not only want to lock him away for 55 years, but they extended the time
period of the stalking to include the time lie has been in jail. That is punishment fit for a major drug
dealer and /o• murderer. This case, as it always has, cries out for treatment and not incarceration. I have
found a place for my son to live. It is called Trinity in Illinois and it is an excellent place for people with
issues similar to my son. That is where he belongs. Daniel was living with us for the entire time and did
not go to Iowa. This has not stopped the charges of stalking and extortion. This is not what our founding
fathers envisioned that America should be. Daniel has already been in jail and prisons for most of the
time since 2007. Dr. Mills has stated that Daniels's so called criminal conduct is caused by his Asperger
Syndrome. "Mr. Jason cannot legitimately be considered morally responsible for his misconduct." Dr.
Mills also states that "The lack of significant history of violence is important." As stated in the article,
Forensic aspects of Asperger's Syndrome by Justin B. Barry -Walsh and Paul E. Mullen in the Journal of
Forensic Psychiatry & Psychology, "It behooves us to draw to the court's attention the obvious: that
patients with Asperger's Syndrome suffer from mental disorder and that their offending and subsequent
disposition must be placed in this context. The core features of Asperger's Syndrome and how they
determine what the individual knows and understand of the world should form a basis for sophisticated
assessment of the issues of disability." .NAMI National, Senator Durbin, and Senator Harkin have been
apprised of this situation.. The Autism Society of America believes this to be the most egregious case in
the United States. Even Drew Peterson and other murderers have received less of a sentence than my
son is facing. Daniel has a brain disorder and needs mental health treatment not incarceration.
National organizations such as NAMI and CURE are following this trial. This typifies everything that is
wrong in the State of Iowa regarding the Criminalization of the Mentally III and Asperger
Syndrome. This Criminalization of the Mentally ill must be confronted and stopped. I have seen and
heard the overzealous prosecutors. It took courageous people to say no to slavery in our history. We
must say no to the incarceration of our non - violent mentally ill. This is my mission in life. I have
personally endorsed John Zimmerman for Johnson county Attorney. He gets it.
Finally here is an email sent to National NAMI -Ron Honberg on April 20, 2014
Ron:
My son is having another trial on Tuesday, April 22 for being a habitual offender. He is on the way of getting a
potential 55 years. H e was found guilty of stalking and extortion in his previous trial This must be an issue
addressed by National NAMI in the White House and all over the country. How can you charge a non - violent
offender with this when they have an organic brain disorder that needs medication? I arm appalled by the
injustice in Iowa City and the Criminalization of Asperger Syndrome. They have a lynch mob mentality within
Johnson County. The Judge did not allow Dr. Mill's testimony as the primary testimony. It was only allowed
as a rebuttal. The Judge would not allow a continuance to have Daniel sign over his medical records. Thus the
3
other Forensic Psychiatrist who spent very little time with Daniel and did not have his cooperation was the
primary evidence in the trial. Also the Johnson County Board supervisor is stating that Daniel will kill his ex-
girlfriend if he is released. I question whether the county is capable of having a fair trial.
They allowed evidence in the trial for which he was convicted of when he defended himself. This by itself is
grounds for Appeal.
During the trial Dr. Mills testified that Daniel has no history of violence. In fact people with Asperger
Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His actions are part of
having Asperger Syndrome and not a suitor stalker. His actions were flawed and ambivalent. He did not want
to contact his ex- girlfriend so he chose a flawed way. He had her phone number and did not call it. He was
blowing off steam. Daniel cannot connect the dots. There is a disconnect between how we feel and how he
feels. Daniel made reference to an embarrassing incident in the Johnson county auditor's office. This referred
to an employee who defecated in their pants. He was given two counts of extortion for this by overzealous
Johnson County prosecutors.
The bottom line is Daniel is non - violent based upon his history and this time never went to Iowa City. They
could have contacted me without arresting him. I am personally trying to help the candidate running against
this overzealous prosecutor. I have blogged all over the internet to get the truth out there. John Zimmerman is
a progressive person who gets it.
This case has national consequences. We must do everything that we can do to stop this Criminalization of
Asperger Syndrome and mental illness. There are many other cases out there where people also need help. Dr.
Mills said this was in the top 2 or three for most egregious cases. He is appalled and upset by the convictions
and he is an Asperger Syndrome expert.
We must save a life and save a world.
Joseph M. Jason, President NAMI BA
Board Member of Criminal Justice Advocacy for People with Mental Illness
Member /Director of CURE
(847)537 -3009
Marian Karr
From:
Marian Karr
Sent:
Thursday, April 24, 2014 9:59 AM
To:
'Gabriel Scott Dean'
Subject:
RE: Civilian Oversight Meet -Up
Thank you for your invitation. I will forward this to the Board for the May 5`h meeting, and have them contact you
directly If they are Interested,
Marian K. Karr, MMC
City Clerk
From: Gabriel Scott Dean [mailto:gsdd74 @gmail.com]
Sent: Wednesday, April 23, 2014 8:03 PM
To: Marian Karr
Subject: Civilian Oversight Meet -Up
Ms. Karr,
My name is Scott Dean and I am a member of the Columbia, Missouri Citizens Police Review Board
( https: / /www.gocolumbiamo.com/Council/ Commissions /descrii)tion.php ?bcid =l4). I came across your email
address while reviewing the websitc for the Iowa City Citizens Police Review Board. I wanted to send a
message to invite you or someone from the board to a Civilian Oversight Meet -Up that we will be hosting in
Columbia on Saturday, June 21 st.
Though we are still in the process of finalizing the agenda, we anticipate having one session on citizen/police
mediation and another on the formation and best practices of citizens police review boards, along with time for
socializing and networking.
The mediation session will provide an overview of types of mediation. To that end, we hope to have
representatives from a few different varieties of mediation to discuss them with first -hand knowledge.
Since meditation can be done with or without the presence of a citizens police review board or civilian
oversight, we also plan on having a separate discussion on the best practices of civilian oversight, This
discussion will be for both cities looking to create a citizens police review board, as well as cities with
established boards that want to hear from their colleagues in other cities.
Please let me know if you or anyone from your organization is interested in attending and I will be happy to
keep you updated..
If you have any questions, please do not hesitate to contact me by email or by cell at 573- 489 -4705
,aun
Scott Dean
From Captain Hart of the ICPD
5
a. a 3 s a � b You e as g t
WOrkshue%ps
1
The Center for Worker Justice (CWJ) will host a series
of free workshops for workers and their families:
April 25 Protecting Your Health and
Safety at Work: OSHA Rights
May 30 Getting the Full Pay You Are Owed:
U.S., Iowa Wage Payment Rights
June 27 Understanding Your Rights with
ED0 I Police and Immigration Agents
July 25 Renting an Apartment: What are
Your Rights and Responsibilities?
August 29 Accessing Health Care: What are
Ni`M1 Your Rights and Options?
September 26 Winning Better Laws: How Can
Ordinary People Be Heard?
_ r ®®n and 6pm
mom
Friday of each Month
ti X40 So Gibert Ct9 Iowa City
Interpretation Available. Call CWJ at 319 - 594 -7593.
CWJ is an aff'llate of the national Interfaith Worker Justice workers' center network
MEMORANDUM
DATE: April 21, 2014
TO: Members of the Iowa City Police Citizens Review Board
FROM: Patrick J. Ford
Re: suggestions for public reports
I suggest you make a few changes to the template for your public reports, in an effort to
make sure the public knows the exact role of the board, and the specific way you reach
your conclusions. These changes would be particularly beneficial to a complainant who
might not read or understand the ordinance.
First, I suggest you amend the paragraph describing the board's responsibility. I
suggest this paragraph read as follows:
1. The Board forwards all complaints to the Police Chief,
who completes an investigation. (Iowa City Code Section
8- 8- 7(A).)
2. When the Board receives the Police Chief's report, the
Board nuist select one or more of the following levels of
review, in accordance with Iowa City Code Section 8 -8-
7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other
officers.
d. Request additional investigation by the police
chief, or request police assistance in the board's
own investigation.
e. Perform its own investigation with the authority
to subpoena witnesses.
f. Hire independent investigators.
1
3. In reviewing the Police Chief's report, the Board must
apply a "reasonable basis' standard of review. This
means that the Board must give deference to the Police
Chief's report, because of the Police Chiefs professional
expertise. (Iowa City Code Section 8- 8- 7(B)(2)).)
4. According to Iowa City Code Section 8- 8- 7(B)(2), the
Board can recommend that the Police Chief reverse or
modify the Chief's findings only if:
a. The findings are not supported by substantial
evidence; or
b. The findings are unreasonable, arbitrary or
capricious; or
c. The findings are contrary to a police department
policy or practice, or any federal, state or local
law.
5. When the Board has completed its review of the Police
Chief's report, the Board issues a public report to the city
council. The public report must include: (1) detailed
findings of fact; and (2) a clearly articulated conclusion
explaining why and the extent to which the complaint is
either "sustained" or "not sustained ". (Iowa City Code
Section 8- 8- 7(B)(3)).)
6. Even if the Board finds that the complaint is sustained,
the Board has no authority to discipline the officer
involved.
I also suggest you amend the paragraph describing the board's procedure for the
particular complaint. I suggest this paragraph read as follows:
The Complaint was initiated by the Complainant on
. As required by Section 8- 8 -5(B) of the City
Code, the Complaint was referred to the Chief of Police for
investigation.
The Chief's report was filed with the City Clerk on
2
The Board voted on to apply the following
level of review to the Chief's report:
pursuant to Iowa City Code Section 8- 8- 7(B)(_). (Also, if
helpfid, explain what specific action the Board decided to pursue as
part of the selected level of review. For instance, if the Board chose
to reqnest a video of the incident as part of a 8- 8- 7(B)(1)(d) review,
then say, "The Board requested that the Police Chief provide a copy
of all andio or video recordings of the incident.")
The Board met to consider the Police Chief's report on
and
On the Board
(Complete this blank with the specific action taken, such as
"interviewed the complainant" or "reviewed audio or video
recordings of the incident ".)
I believe these changes will help a complainant understand both: (1) exactly what the
Board is allowed and obligated to do under the ordinance; and (2) exactly what the
Board did in response to the Complainant's particular case.
3
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
April 22, 2014
Mayor Matthew J. Hayek
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the April 21, 2014 meeting the CPRB voted in open session to request a 45 -day
extension for the Public Report according to the City Code for CPRB Complaint #13 -07
for the following reasons:
• Due to a second request for additional information.
• PCRB Complaint #13 -07 —Public Report presently due May 29, 2014
• 45 -day Extension request — Public Report due on July 14, 2014.
The Board appreciates your prompt consideration of this matter.
Sincerely,
w�
Joseph Treloar, Chair
Citizens Police Review Board
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
April 2014
Date Description
None.
May 5, 2014 Mtg Packet
CPRB Complaint #13 -06
Filed: 11/27/13
Chief's Report due (90days): 02/25114
Chief's Report filed: 02/24/14
CPRB Mtg #1 (Review & Assign) 03/11/14
CPRB Mtg #2 (Review & Assign) 04/21/14
CPRB Report due (90days): 05/27/14
CPRB Complaint #13 -07
Filed: 12/03/13
Chief's Report due (90days): 03/03/14
Chief's Report filed: 02/28/14
CPRB Mtg #1 (Review & Assign)
CPRB Mtg #2 (Review & Assign)
CPRB Report due (90days):
45 -day Extension:
03/11/14
04/21/14
CPRB Complaint #14 -01
Filed: 01/31/14
Chief's Report due (90days): 05/01/14
Chief's Report filed: 03/27/14
05/29/14
07/14114 (pending approval)
CPRB Mtg #1 (Review & Assign) 04121/14
CPRB Mtg #2 (Review) ? ?/ ? ?/14
CPRB Report due (90days):
TENTATIVE MEETING SCHEDULE
May 13, 2014 (Community Forum)
June 10, 2014
July 8, 2014
August 12, 2014
06/27/14
Updated 04121114
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
Position Vacant
Joseph Treloar, Chair
2501 Holiday Rd
Coralville, IA 52241
(0) 625 -2153
Roviceann Porter
136 Appanoose Ct
Iowa City, IA 52240
(C) 319- 321 -2779
Melissa Jensen, Vice Chair
830 Elliott Ct
Iowa City, IA 52246
(H) 354 -5043
(0) 398 -5491
Mazahir Salih
2507 Whispering Prairie Ave
Iowa City, IA 52240
(H) 571- 282 -5188
Patrick Ford, Legal Counsel
Leff Law Firm, L.L.P.
222 South Linn Street
PO Box 2447
Iowa City, IA 52244 -2447
(0) 338 -7551
Term: September 1, 2011 — September 1, 2015
Term: September 1, 2013 — September 1, 2017
Term: September 1, 2012 — September 1, 2016
Term: September 1, 2012 — September 1, 2016
Term: September 1, 2013 — September 1, 2017
e
G-A ee -Iiyt
In an effort to enhance the overall effectiveness of police operations, the Iowa City Police
Department has established a Special Response Team (SRT). The purpose of this team is to
handle unusual operational activities and problems. The presence of a highly trained police
response team has been shown to substantially reduce the risk of injury or loss of life to citizens,
police officers and suspects. A well - managed team response to critical incidents will
substantially enhance the likelihood of a more successful resolution of the incident.
The following non - exhaustive listing of critical incidents may activate the Team:
A. Hostage Situations: The holding of any person(s) against their will by an armed or
potentially armed suspect.
B. Barricade Situations: The stand -off created by an armed or potentially armed suspect in
any location, whether fortified or not, who is refusing to comply with police demands for
surrender.
C. Sniper Situations: The firing upon citizens and /or police by an armed suspect, whether
stationary or mobile.
D. High -Risk Apprehension: The arrest or apprehension of armed or potentially armed
suspects where the likelihood of armed resistance is high.
E. High -Risk Warrant Service: The service of search or arrest warrants where the risk of
injury or death to the suspects, officers or public is deemed too high for service by non-
SRT personnel.
F. Personal Protection: The security of special persons, such as VIPs, witnesses, or suspects,
based on threat or potential threat to the well -being of those persons.
G. Civil Disturbance: For demonstrations and disturbances; to provide crowd control and to
potentially effect arrests.
H. Special Assignments: Any other assignment approved by the Chief of Police or the
Commander of Field Operations, based upon a level of threat
Iowa City Police Department Special Response Team Equipment List
Ballistic Helmet
Tactical Goggles or Glasses
Balaclava
Ballistic Vest
Nomex Gloves
Tactical Rifles
Sniper Rifles
Tactical Shotguns
Breaching Shotgun
Tactical Breaching Tools (i.e. ram, sledge, break and rake tool, hooligan)
Noise Flash Device
Chemical Munitions
Ballistic Shields
Radio Headsets