HomeMy WebLinkAbout04-02FINA LAPPR 0VED
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 522401826
319 3565041
TO City Council
Complainant
Stephen Atkins City Manager
R J Winkelhake Chief of Police
Officersinvolved in complaint
FROM Police Citizens Review Board
RE Investigation of PCRB Complaint 0402
DATE March 8 2005
This is the Report of the Police Citizens Review Boards the Board review of the
investigation of Complaint PCRB 0402the Complaint
Boards Responsibility
Under the City Code of the City of Iowa City Section 887B 2 the Boardsiob is to
review the Police Chiefs Report Report of his investigation of a complaint The City
Code requires the Board to apply a reasonable basis standard of review to the Report
and to give deference to the report because of the Police Chiefsprofessional expertise
Section 887B 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 Sections 887B2 a b and c
Boards Procedure
The Complaint was received at the Office of the City Clerk on July 8 2004 As required
by Section 885 of the City Code the Complaint was referred to the Police Chief for
Investigation
The Chiefs Report was due January 07 2005 and was filed with the City Clerk January
07 2005
On February 8 2005 the Board voted to review the Complaint in accordance with
Section 887 B 1 a on the record with no additional investigations
PCRB O4O2
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FINALAPPROVED
The Complaint was filed on July 8 2004 PCRB received the ChiefsReport as filed on
January 7 2005 The Chiefs Report was due to PCRB on October 10 2004 an
extension was granted to December 6 2004 and an additional extension was granted
to January 7 2005
The PCRB report was due February 21 2005 but PCRB held no January meeting no
quorum because one member was out of state one member had to work one member
had to care for a sick spouse plus there was an ice storm the evening of January 11
2005 Considerations of 0402 were postponed to the regular February meeting date
for PCRB
PCRB requested a 45day extension from City Council PCRB met to discuss this
Complaint on February 8 2005 and March 8 2005
Findinqs of Fact
On the July 7 2004 at approximately 700 pm Officer A stopped the Complainant for
speeding 39 mph in a 25 mph zone Officer A observed two children in the vehicle who
were not restrained as required by law the Complainant then became upset and began
to use loud and abusive language Officer B then placed the Complainant under arrest
removed her from her vehicle and transported her to jail The Complainant alleges that
Officer B forcefully removed the Complainant from her vehicle by grabbingsnatching
the arm leaving fingerprints The Complainant also alleges that Officer A failed to
inform the Complainant of the charge for arrest
The investigators reviewed the charges the radio traffic and the written complaint from
the Complainant
The investigators also interviewed the Complainant During the interview the
Complainant admitted to speeding and as Officer A observed the children in the back
seat were not restrained as required by law
The Complainant stated that she was very upset with Officer A and was using loud and
profane language Officer B who was involved working radar at the site heard the
language The Complainant stated her belief that the mothers of the children who were
with the children at the time ought to receive the ticket Officers A and B explained that
the law imposes responsibility for the use of child restraints on a vehicle operator
Officer B recalls telling the Complainant numerous times to get into the vehicle and
place the feet inside the vehicle so the door could be closed Officer B explained the
reason to place the feet inside the vehicle and explained why the Complainant could be
arrested for interference with Official Acts if the order was not followed Officer B said
the Complainant continued to refuse numerous requests
After writing the citation Officer A returned to the Complainants vehicle and based on
the continued refusal to comply Officer B placed her under arrest for interference with
Official Acts Officer A then asked the Complainant to stand and placed his hand under
PCRB 0402
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FINALAPPROVED
the elbow to assist and he handcuffed the Complainant before transporting to the
County Jail The Complainant was placed in the squad car driven by Officer A
Both Officers A and B recall informing the Complainant that she was under arrest but
neither officer recalls informing the complainant of the specific charge after the arrest
The Complainant was transported to the County Jail and turned over to the jail staff by
Officer A
Officer C heard the traffic stop called in to the Emergency Communications Center
realized that he had stopped the car within the last week and had problems with the
driver Officer C contacted Officer A by radio to inform him of the problem he had
encountered when dealing with the Complainant When Officer A keyed the radio to
respond Officer C could hear the Complainant being loud and abusive in the
background Officer C drove over to the location of the incident When Officer C
arrived at the location of the incident the Complainant was out of the vehicle standing
near the driversdoor yelling and screaming at Officers A and B Officer C recalled that
both Officers A and B were very patient with the Complainant
CONCLUSION
Officer A lawfully stopped the Complainant for speeding 39 in a 25MPH speed zone
The Complainant was directed into the HyVee parking lot on First Avenue All the
parties interviewed agree that the Complainant was upset and directing loud abusive
language towards the Officers The witnesses that the Complainant provided did not
respond to the investigatorsrequest for interviews
Officer B told the Complainant to get into the vehicle a number of times or be arrested
The Complainant failed to heed the warning and admitted to understanding what Officer
B was asking but chose not to comply
ALLEGATION 1 Excessive use of Force not sustained
PCRB finds in the original Complaint two references to Officer B snatching and one
reference to grabbing Complainant by the right forearm during removal from the
vehicle to be handcuffed
Two witnesses refused to testify about the incident Officers A and C do not report
observable evidence to support a finding of excessive use of force at the County Jail
the Complainant noticed a possible slight bruising of the right forearm and after release
claimed to have photographs of them but no photographs were ever produced as
evidence
PCRB 0402
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FINALAPPROVED
ALLEGATION 2 Failure to inform not sustained
PCRB finds that there is insufficient evidence to support this allegation In the original
complaint the Chiefsreport and the interview with the complainant there is agreement
that the complainant was warned that if she continued her uncooperative behavior she
would be arrested There is agreement that the behavior continued Both officers recall
that she was told she was under arrest but couldntrecall stating the specific charge
The Board finds prior notification was sufficient
COMMENTS
PCRB finds that the ordinary procedures specified in ICPD general orders and standard
operating guidelines for use of force and for explanation of reason for arrest were
adequately followed during the incident which occurred July 7 2004 PCRB
encourages the continued training of officers in each of these matters and counseling
of officers to inform a person under arrest of the criminal charges except when the
person to be arrested is actually engaged in the commission of or attempt to commit an
offense or escapes so that there is no time or opportunity to do so
PCRB 0402
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