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HomeMy WebLinkAbout06-01POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 1826 319 356 5041 r c c C TO City Council Complainant Stephen Atkins City Manager Sam Hargadine Chief of Police Officer s involved in complaint o Cj i j c II w rl Police Citizens Review Board t r f 7So 1 FROM U1 l RE Investigation of PCRB Complaint 0601 DATE June 12 2006 This is the Report of the Police Citizens Review Board s the Board review of the investigation of Complaint PCRB 06 01 the Complaint Board s Responsibilitv Under the City Code of the City of Iowa City Section 8 8 7B 2 the Board s job 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 Chiefs professional expertise Section 8 8 7B 2 While the City Code directs the Board to make findings offact 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 8 8 7B 2 a b and c Board s Procedure The Complaint was received at the Office of the City Clerk on February 3 2006 As required by Section 8 8 5 of the City Code the Complaint was referred to the Chief of Police for investigation The Chiefs Report was due on May 4 2006 and was filed with the City Clerk on April 28 2006 The Board voted to review the Complaint in accordance with Section 8 8 7B 1 a on the record with no additional investigation The Board met to consider the Report on May 9 2006 and June 12 2006 FindinQs of Fact The complainant alleges that Officer A violated his 4th Amendment Right protecting him from unreasonable search and seizure when the officer requested him to submit to the two field sobriety tests The general facts of the incident as follows are not in dispute On Friday January 6 2006 at approximately 01 05 hours Officer A performed a traffic stop at the intersection of Riverside Drive and Iowa Avenue of a vehicle due to a faulty taillight driven by the complainant Iowa law allows a peace officer to test the driver of a motor vehicle when reasonable grounds exist to believe the driver may be intoxicated Reasonable grounds were established for the following reasons All parties interviewed agreed that Officer A would reasonably have detected the odor of alcohol coming from inside the vehicle the complainant s red eyes the time of day and the location of the vehicle when first observed by Officer A Computer Aided Dispatch shows the length of the traffic stop at 14 minutes Officer A requested the complainant to perform the Horizontal Gaze Nystagmus Test and submit to a Preliminary Breath Test The complainant stated that he agreed to perform the field sobriety tests The complainant never stated he did not wish to perform the tests nor tried to seek protection against an unreasonable search or seizure under the 4th Amendment Both tests indicated that the complainant was not impaired and had no evidence of alcohol in his system The complainant was given a verbal warning regarding the taillight and was released from the scene Conclusion By a vote of 4 0 with 1 member absent the Board set the Level of Review for this complaint at 8 8 7 B 1 a believing there to be enough information in the Chiefs Report and other attached materials to allow the Board to come to an informed conclusion The Board finds allegation 1 to be not sustained The Board believes reasonable grounds did exist for Officer A to request the complainant to submit to the Horizontal Gaze Nystagmus Test and a Preliminary Breath Test The Board concludes the findings of the Chief of Police are supported by substantial evidence or are reasonable not arbitrary or capricious or are consistent with a Police Department policy or practice or Federal State or Local L o c C J c R Ql f A 5i z 11 w 0 iT r1I J J Complaint 06 01 AlleQation 1 Violation of 4th Amendment Riqht The board has no cause to suspect or believe that Officer A violated the 4th Amendment Right of the complainant Allegation 1 against Officer A is not sustained Comment On Wednesday February 1 2006 Officer A charged the complainant with Vehicle for Hire Liability Insurance The PCRB complaint against Officer A was time stamped on Friday February 3 2006 In his closing statement to investigators the complainant stated he would make his complaint go away if the charge against him was dropped Q 0 Cl f c IIIZ F rCwmr 0rn OJ r J 2 7 CJ1 I