HomeMy WebLinkAbout22-10COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
DATE: February 15, 2023
To: City Council
Complainant
City Manager
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #22-10
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #22-10 (the "Complaint").
BOARD'S RESPONSIBILITY:
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa
City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3- In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of
review. This means that the Board must give deference to the Police Chiefs repor�J-)ecause of
the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2))..)
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4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend: that the Pollc'a
Chief reverse or modify the Chiefs findings only if: C-9
a. The findings are not supported by substantial evidence; or Z"
b. The findings are unreasonable, arbitrary, or capricious; or
c. The findings are contrary to a police department policy or practice, or any-f6deral, state,
or local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(3)).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline
the officer involved.
BOARD'S PROCEDURE:
The Complaint was initiated by the Complainant on September 18, 2022. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on November 17, 2022. As per Section 8-8-6(D) of the
City Code, the Complainant was given the opportunity to respond to the Chief's report. The complainant
did not respond.
The Board voted on January 10, 2023 to apply the following Level of Review to the Chiefs Report: On the
record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a).
The Board met to consider the Report on December 13, 2023 (deferred to the January meeting),
January 10, 2023 and February 14, 2023.
Prior to the December 13, 2022 meeting, the Board had the opportunity to review the complaint, the
Police Chief's report, and to watch and listen to body worn camera and/or in -car camera footage
showing the interaction between the officers and the Complainant.
FINDINGS OF FACT:
At 6:56 pm on September 17, 2022, a squad car containing two officers, pulled into the Kum & Go
parking lot at 1310 S. Gilbert St. and parked at the east end of the lot. These officers pulled into the lot
to complete paperwork on an unrelated issue, and had no involvement with the Complainant.
Officer A, westbound on Highway 6, observed a brown Chevy Impala with heavily tinted windows
quickly turn onto Gilbert, right on Highland and into the Kum & Go parking lot. The Officer queried the
vehicle plate and then turned around to return to the area. A short time later, Officer A, entered the
parking lot from Highland and observed the Chevy Impala, exiting the parking lot onto Third St. without
stopping, turn left on Gilbert without coming to a complete stop, and right onto Highway 6 without
coming to a complete stop. The Officer followed the vehicle, initiating a traffic stop on Highway 6, just
west of Gilbert. The Complainant did not immediately pull over and continued to Sturgis Corner, where
he pulled into the parking lot of Coldwell Banker.
Officer A approached the vehicle and made contact with the Complainant. The Officer noted that the
Complainant had all the windows down despite that it was raining. Officer A advised the Complainant
the reason for the stop, noted a strong odor of marijuana, and had the Complainant exit the vehicle.
Officer B arrived as a backup, and stood by while Officer A searched the Complainant and then the
vehicle, locating to small amount of marijuana under a pillow on the driver seat. The Complainant was
placed under arrest, searched again, and placed him in the back of the patrol car. Officers A and B
finished searching the vehicle without locating any additional evidence. The Complainant was
transported to the Johnson County Jail on a charge of Possession of a Controlled Substance.
COMPLAINANT'S ALLEGATION #1 — Violation of Policy on Integrity. The Officer lied about the
reason for the traffic stop and planted evidence.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion: There is no evidence that Officer A planted evidence. The
body camera footage clearly shows the Officers searching the Complainant's vehicle, Officer A
moving a pillow on the driver's seat and discovering a small quantity of what is presumed to be
marijuana, which Officer A then picks up and examines to confirm what it is. Officer A lays it
back down until the officer is able to secure it in an evidence bag. Both officers also detected a
strong odor of marijuana coming from the vehicle. Officer A noted the Complainant smelled of
marijuana when the Complainant got out of the vehicle.
COMPLAINANT'S ALLEGATION #2 — NCIC Queries. The Officer queried the vehicle license plate
and registered owner's driver license prior to observing documented moving violations.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion: There is no evidence that Officer A was randomly querying
vehicle and driver information. Officer A did run the vehicle and the Complainant's information
after observing the possible unlawful tint on the windows. Officer A observed multiple traffic
violations prior to stopping the vehicle, all of which were captured on surveillance and traffic
video. The tint of the vehicle windows is also observed on video.
COMMENTS: None