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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 Page 1 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 Page 2 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 Page 3 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 Page 4