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
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TO City Council
Complainant
Stephen Atkins City Manager
Sam Hargadine Chief of Police
Officer s involved in complaint
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Police Citizens Review Board
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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
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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
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