HomeMy WebLinkAbout06-06POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 1826
319 356 5041
May 7 2007
To City Council
Complainant
Stephen Atkins City Manager
Sam Hargadine Chief of Police
Officer s involved in complaint
From Police Citizen s Review Board
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Re Investigation of PCRB Complaint 06 06
This is the Report of the Police Citizens Review Board s the Board review of the
investigation of Complaint PCRB 06 06 the Complaint
BOARD S RESPONSIBILITY
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 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 received at the Office of the City Clerk on 12 14 06 As required by
Section 8 8 5 B of the City Code the Complaint was referred to the Chief of Police for
investigation
The Chiefs Report was due on 03 14 07 and was filed with the City Clerk on 03 13 07
The Board met to consider the Chiefs Report on 04 10 07 and 05 07 07 The Board
voted to review the Chiefs Report in accordance with section 8 8 7 B 1 a on the
record with no additional investigation
FINDINGS OF FACT
A charge of excessive use of force by an ICPD officer at the complainant s residence
on 10 23 06 led the Complainant to file a complaint to the ICPD The complaint was
assigned to Internal Affairs who investigated and exonerated the officer s actions The
Board reviewed that report including the Complainant s and the Officer s accounts of
the incident The Board did not receive a complaint regarding use of excessive force
On 10 24 06 officers were granted a warrant for the search of the complainant s
residence The search was conducted on 10 25 06 In the complaint to the Board on
12 14 06 the Complainant alleged the search was done in retaliation of filing the
complaint to the ICPD regarding an officer s behavior and that in the process of the
search the investigators trashed the residence
CONCLUSIONS
After reviewing the Complaint and the Chiefs report the Board concluded the
allegations were not substantiated The search warrant was file stamped at 1 56 P M
on 10 24 06 and was part of an on going investigation The complaint against the
officer s actions was not received until 2 10P M on 10 24 06 Because the search
warrant was filed before the subject s complaint the search warrant could not have
possibly been issued in retaliation of the complaint against an ICPD officer
Photos taken of the interior of the residence showed the apartment to be in disarray
prior to the search by the police
Allegation 1 Retaliation NOT SUSTAINED
Allegation 2 Destruction of Property NOT SUSTAINED
COMMENTS
None
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