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HomeMy WebLinkAbout08-10-1999 ICPD General Orders ePS-11.1 TRAFFIC Date of Issue General Order Number July 30, 1999 99-07 Effective Date Section Code August 4, 1999 ePS-11 Reevaluation Date Amends / Cancels August 1999 NEW C.A,L.E.A. Chapter 61 INDEX AS: Arrests Traffic Stops Traffic Enforcement Citations Parking Enforcement Traffic Exemptions Alcohol Enforcement I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with aggressive enforcement by officers. III. POLICY ~ It is the policy of the Iowa City Police Department that motor vehicle stops will be~ performed professionally and courteously, and with a view towards educating the public~ about proper driving proCedures while consistently recognizing and taking the! necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the roadway. It is the purpose of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and motorist. OPS-11.2 III. PROCEDURES The Iowa City Police Department does not use a "quota" system for the evaluation of an officer's traffic enfomement activities. The officer is expected to take those steps necessary to obtain compliance with traffic laws and will determine the appropriate action when dealing with violators. The emphasis will be on qualitative not quantitative enforcement activities. When deciding on the appropriate enforcement action officers should consider the seriousness of the violation and the cimumstances surrounding the violation. In instances where the violation is a simple misdemeanor officers may opt to warn or cite the violator. In deciding to arrest a person for a "citeable" offense the officer should have an articulable reason for this action. This reason needs to be more than a "bad attitude". Warnings may either be verbal or written in nature. In instances where the offense is a serious misdemeanor or higher, officers should take the violator into physical custody. Arrests of all types should conform with departmental requirements pertaining to arrests. When a traffic citation is issued, the officer shall request the incident number for the stop and write the incident number on the citation. When an incident is such that a case number is required, the officer(s) involved shall include the case number on all related charges and related documentation. TRAFFIC STOPS Although stopping a motorist on the highway for traffic violations or other purposes is often considered a routine function of patrol officer, it is one that has been demonstrated to be potentially dangerous for both the officer and motorist even during apparently "routine" situations. Therefore, it is the policy of the Iowa City Police Department that motor vehicle stops shall be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and others users of the roadway. It is the policy of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and the motorist. A. STOPPING AND APPROACHING TRAFFIC VIOLATOR The following procedures should be followed whenever possible. It is recognized that varying conditions such as roadway construction, volume of traffic and the urgency of making the stops may require officers to adjust these procedures to particular conditions. 1. Officers shall perform vehicle stops only when they have an articulable reason to do so. 2. Once an initial decision has been made to stop a motorist, the officer should select an area that provides reasonable safety, avoiding curves, hills heavily trafficked, poorly lit areas and roads without shoulders. OPS-11.3 Whenever possible, the officer shall also avoid the use of private drives, business locations and areas where a large volume of spectators is likely to gather. 3. When a location has been selected for the stop, the officer shall notify communications of its nature, providing the location of the stop and the license plate number of the vehicle. The officer may include the number of occupants. In instances where a plate is not visible, the officer(s) should give a description of the vehicle being stopped. At the officer's discretion or dispatcher's request, additional .information may be exchanged. 4. At the desired location, the officer should signal the operator to stop at the far right side of the roadway or at the safest shoulder by activating the emergency lights and/or siren as necessary. a) On multilane roads, the officer may facilitate movement to the right shoulder by gradually changing lanes behind the violator until the right side of the roadway is reached, b) Should the violator stop abruptly in the wrong lane or location, the officer should instruct him/her to move by using the appropriate hand signals or by activating the vehicle's public address system. 5. Once properly stopped, the officer should position the police vehicle about one-half to one and one-half car length behind the violator's vehicle and at a slight angle, with the front approximately 2 feet to the traffic side of the violator's vehicle. a) At night, the spotlight should not be used to direct the violator off the roadway, but may be used to illuminate the vehicle's interior once stopped. The patrol vehicle should use its Iow beams if high beams may blind oncoming motorists. 6. When exiting the patrol vehicle, the officer should be particularly alert to suspicious movements or actions of the vehicle operator or passengers, 7. Approaching from the driver's side, the officer should be observant of the trunk and passenger compartments, and stop at a point to the rear of the trailing edge of the left front door in order to communicate with the driver. a) Where circumstances dictate, particularly where traffic is close enough to create a potential problem, the officer may choose to approach the violator's vehicle from the right-hand side and stop at the trailing edge of the right front door. b) When the violator's vehicle has occupants in the rear seat, the officer should approach to a point near the leading edge of the front door, being particularly observant of occupant movements and choosing a path that will not allow the occupants to thrust the door open against the officer. c) In two-officer police vehicles, the passenger officer should be responsible for radio communications, note taking and relaying messages to the communications center. He/She will also act as an observer and cover for his/her fellow officer. (note: this does not apply 0PS-11.4 to training cars with an FTO which are to be considered one officer cars) 8. Non-uniformed officers operating an unmarked patrol vehicle with concealed emergency lights and siren may make vehicle stops if the stop is consistent with the officer's assignment, i.e. Officers assigned to address special concerns in an area in which the use of an unmarked vehicle is determined to be useful. Prior to the initiation of a traffic stop, when circumstances allow, officers in unmarked vehicles should check for the availability of a marked unit in the vicinity. If available, the marked unit should initiate the stop. 9. Non-uniformed officers operating vehicles not equipped with emergency lights or siren shall not make motor vehicle stops unless there is an imminent danger of loss of life should they fail to act. In other less urgent cases that demand attention, officers shall contact the communications center, request that a marked patrol vehicle perform the stop, and assist in directing the marked unit to the subject vehicle's location. B. ISSUING CITATIONS Enforcement action incidental to traffic law violations will be carried out by warnings (written or verbal), written citation(s), or physical arrest. A large number of citations or arrests is not the purpose or emphasis for conducting traffic stops. No system emphasizing quantitative enforcement, i.e. ticket quotas, shall be utilized. Physical arrests should be utilized for serious offenses such as OWl, eluding, assault with a motor vehicle, or other offenses which constitute a serious misdemeanor or above. In incidents where an officer elects to take a person into physical custody in lieu of issuing a citation, the decision to arrest should be based on sound legal principals, as opposed to peripheral issues such as the violator's attitude. When a person commits a "minor" violation the officer has the discretion to decide if the operator should given a warning or citation. In cases of non-hazardous or inadvertent moving violations or equipment violations, officers may elect to issue a verbal or written warning to the violator. During the traffic stop officers should greet the violator in a courteous manner, explain the reason for the stop and request the drivers license and other documentation as determined by the officer. The officer should request the operator remove the drivers license from their wallet or purse. When taking the license, it should be taken in the officers weak hand. 1. When issuing citations, conducting roadside sobriety tests or conversing with the violator, the officer and other parties should be positioned to the side of the road, clear of passing motor vehicles. 2. During the stop, the violator should remain in his/her motor vehicle while the officer writes the citation or conducts other business. Under normal circumstances, violators should not be permitted to sit in patrol vehicle while citations are being prepared or other police business is being conducted. OPS-11.5 3. When preparing citations, the officer should position paperwork and related materials in a manner that allows him/her to maintain vantage over actions of the violator and other occupants. 4. Upon deciding to issue a citation, the officer should advise the violator of the following: a. That a citation(s) will be issued, the violation(s) for which it is being issued, and the fine amount imposed if scheduled. b. Explain the methods of responding to the citation, i.e., mandatory court appearance or pay the scheduled fine or appear, in court to contest the charge. c. Explain the unsecured bond amount and purpose. d. Make sure the violator is aware of the scheduled court date. e. Request the violator sign the citation, explaining that signing of the citation is not an admission of guilt. f. If the violator signs the citation, provide copies of the citation to the violator and suggest they read both sides of the citation. If the violator refuses to sign the citation, the violator shall be advised that failure to sign will result in a physical arrest being made. Upon continued refusal to sign, the violator may be physically arrested. An officer may issue a citation when he/she believes a violation was hazardous, intentional, or believes a citation is necessary to achieve voluntary compliance with the law. C. STOPPING AN APPROACHING MOTORIST In cases where a motorist in oncoming traffic must be stopped, the following actions may be taken: 1. Drive the police vehicle to the extreme right portion of the roadway and as the violator approaches signal him/her to stop by using hand signals and/or emergency lights. 2. Because of the potential hazard involved, an officer should not leave his/her vehicle when attempting to stop traffic violators in oncoming lanes. 3. If the subject motorist complies with the instructions, the police vehicle may then be turned around and appropriately positioned to the rear of the violator's vehicle. 4. Should the motorist fail to comply with the officer's instructions, the officer should turn the police vehicle around and pursue, stop and approach the violator in the prescribed manner. D. STOPPING A FOLLOWING VIOLATOR When stopping a motorist to the rear of the police vehicle, the following procedures may be followed: 1. The officer should drive to the right shoulder of the road and, as the violator approaches, signal him/her to stop by using hand signals and/or emergency lights. OPS-11.6 2. The officer should not exit his/her vehicle in order to signal the subject motorist. 3. Should the motorist fail to comply, the officer should return to the roadway, pursue, stop and approach him/her in the prescribed manner. E. HIGH-RISK VEHICLE STOPS The following procedures may be employed when an officer initiating a vehicle stop has reason to believe that an occupant may be armed or dangerous: 1. When planning to per[otto a high-risk stop on a suspect vehicle, the officer shall notify the communications center, giving location, vehicle information, nature or reason for the stop, and number of occupants in the vehicle and request appropriate assistance. 2. An officer should not individually initiate a high-risk vehicle stop unless back-up units will not be available in an appropriate amount of time or the urgency of the situation demands immediate action. In these cases the initiating officer should not attempt removal of the suspects without assistance. 3. After selecting an appropriate location and with adequate support units in position, the officer should signal the suspect vehicle to stop. 4. The initiating officer should position their vehicle to the left of the suspect vehicle and at least 20 feet to the rear of the suspect vehicle. Positioning should be such that it will maximize opportunities for cover and in such a manner as to allow for illumination of the interior of the vehicle and its occupants. 5. The officer initiating the stop, or the officer with the best observation point, should issue verbal commands to the vehicle occupants through the squad cars PA system, if available. 6. Once the suspect vehicle has stopped, officers should exit their vehicles quickly and assume positions of cover. 7. The officer in charge shall first identify himself/herself and then notify the occupants that they are considered to be armed and/or dangerous and that all instructions are to be followed without hesitation or suspicious movements. 8. When ordering the occupants of the vehicle from the vehicle, the officer giving the orders should give a separate command for each movement or action required. While the nature and order of the commands may vary, depending on circumstances, the purpose of the commands will be geared to safely taking control of the occupants of the suspect vehicle. Suspects will be ordered from the vehicle one at a time, with instructions directing them towards backup officers, who will secure and confine them. After a subject is secured and confined, another occupant may be directed from the vehicle. 9. With appropriate cover, two officers should then approach the suspect vehicle to inspect the passenger compartment and trunk, where OPS-11.7 appropriate. During the approach to the vehicle, officers should have their weapon drawn and focused towards the suspect vehicle. F. STOPPING OVERSIZE AND OVERWEIGHT VEHICLES In the event that an officer needs to stop commercial and similar oversize or overweight vehicles, the following procedures should be followed: 1. Select a location for the stop that provides enough room for the vehicle and sufficient stability to support the vehicle's weight, and allow the operator sufficient time and distance to make the stop. 2. Approach the cab from the rear, using the driver's outside mirror to observe the driver and activity in the cab. 3. Avoid climbing onto the vehicle to make contact with the operator. Maintain a position to the rear of the driver's door and ask the operator to exit the vehicle, if and when necessary. While engaged in traffic enforcement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow the guidelines in Appendix I, or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The guidelines in Appendix II are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. Enforcement Techniques The Iowa City Police Department utilizes varied and diversified techniques m traffic law enforcement. Many variables must be considered when evaluahng tactics to be used on a specific problem. It will be the responsibility of the officer, in consultation with the watch supervisor, to determine the tachcs t(, be used. The tactics or techniques that may be used include but are not limited to: 1. Visible traffic observation. Stationary observation in which the observer officer is in full view but so located as to require effort on the part of traffic to discover the observer. 2. Concealed traffic observation. Stationary observation in which the observer is not visible to persons using ordinary powers of observation from the roadway. 3. Conspicuous traffic observation. Stationary observation in which the observer is positioned in such a way as to "attract" attention by keeping in full view of traffic. 0PS-11.8 4. Area traffic control. Moving or stationary patrol observation in an area which includes a particular number of streets, roads or sections of highways. 5. Line traffic patrol. Moving or stationary observation on a specified route between two points, usually on one street or section of highway. Directed enforcement will be determined on a "as needed" or "as available" basis. Directed patrol may be used for a specific violation identified in a particular area or at a specific time, or in response to an anticipated traffic pattern for a particular event. Directed patrol also includes the tactic of "Saturation" patrol in a specific area for either a specific violation(s) or for all violations. The watch supervisor has authority to determine the type and number of vehicles to be used for a specific type of traffic patrol. The use of an unmarked vehicle for traffic patrol will be used only upon authorization of the watch supervisor. The Iowa City Police Department will only use equipment which meets or exceeds requirements of the FCC and/or the NHTSA. Officers may use only those speed measuring devices approved by the department and in which the individual officer has been trained, and where applicable, certified. Said training will include instruction on the set up, testing, operational use and reading of the device. Officers shall set up and use speed-measuring devices in a manner which is consistent with their training and the manufacturer's specifications. All training will meet or exceed the requirements of the NHTSA. Prior to the use of a speed-measuring device the officer shall check the equipment according to the manufacturers specifications. If any discrepancy exists the officer shall not use the equipment. The officer shall make note of the problem and forward an equipment repair sheet to the watch supervisor. It is the responsibility of all officers to see that attached speed measuring devices are properly cared for. The Captain of Field Operations or his/her designee will see that all equipment is maintained according to manufacturers specifications and will maintain the records for the duration of the lifetime of the speed measuring device with the department plus two years. The sergeant in charge of vehicle inspections or his/her designee will periodica!ly check to see that all speed measuring units or video-recording units are operational and have been properly maintained. The inspection sheet will be forwarded to the Captain of Field Operations. ALCOHOL ENFORCEMENT The Iowa City Police Department will create special enforcement programs aimed at the enforcement of Operating While Intoxicated laws. These programs may be in conjunction with other law enfor.cement agencies within the area. In an effort to minimize the damage done by drivers who are intoxicated or drugged, the Iowa City Police Department places a high priority on the training of officers in the detection and apprehension of intoxicated or drugged drivers. The department will actively pursue state and federal grants OP$-11.9 pertaining to alcohol enforcement. The Department may also use directed patrol in areas or engage in roadblocks for the identification of intoxicated or drugged drivers. When available, an officer is to be assigned to the traffic function for each watch. This assignment is to concentrate on, but not limited to; speed violations, child restraint violations, seat belts and OWl enforcement. All officers, whether on general patrol or directed enforcement duties, should be alert for driving behavior which may indicate that a driver is operating a motor vehicle while intoxicated or on drugs. When such an observation is noted the officer should: 1. note unsafe or erratic driving but should not let it continue so as to endanger the public or the operator of the vehicle. Officers should attempt to stop the vehicle in an area that will not interfere with or endanger traffic; 2. prior to the initiation of field sobriety tests, note the demeanor, actions and signs of intoxication. These indicators should be noted in the OWl packet; 3. attempt to administer field sobriety tests on all drivers suspected of driving while impaired. The information gathered during the administration of these tests should be recorded in the OWl packet. Field sobriety tests should include but are not limited to: HGN, Walk and Turn and One leg stand. The administration of a Preliminary Breath Test should be done at the completion of the field sobriety tests; 4. if the operator refuses to submit to field sobriety tests, or is impaired to the point it is unsafe to administer the tests, or is otherwise unable to perform the tests, base the decision of whether to take the person into custody on other observations of the operator's condition. This may include the statement of witnesses if applicable. If the person refuses to submit to preliminary breath test they may be transported to the police department for further testing. If based on the officer's observation of the operator and the circumstances surrounding the incident the officer believes the person is intoxicated, the person may be arrested for suspicion of Operating While Intoxicated; 5. if the person is arrested for suspicion of OWl, a search of the person and vehicle maybe made subsequent to arrest. The vehicle may be either parked, towed, or turned over to a sober driver; at the officer's discretion and depending on the circumstances. 6. The administration of Implied Consent, and the breath or other chemical test, shall be pursuant to state code, guidelines from the Department of Transportation, and Department of Criminal Investigation. In instances where the operator of the vehicle is involved in a crash resulting in death or serious injury and the operator refuses to provide a specimen for chemical testing, contact the on-call County Attorney for assistance. In instances where the operator is unable to consent or refuse, use the request for chemical test forms pertaining to intoxicated drivers; OPS-11.10 7. In instances where the officer believes the operator is impaired but chemical testing indicates a BAC of less than .10, the officer may contact a departmental Drug Recognition Expert for testing. If a DRE is not available, officers should consult with a watch supervisor to determine whether to call a DRE; 8. In instances where the operator of a vehicle is under 21 years of age and there are indications that their BAC is in excess of .02, transport the person to the police department for administration of chemical testing. If the result is in excess of .02 but less than .10.follow Department of Transportation guidelines pertaining to .02 revocations. PARKING ENFORCEMENT Officers or Community Service Officers will respond to parking calls as available. All officers are responsible for enforcement of parking violations when brought to their attention or observed. Officers will be responsible for the enforcement of parking regulations on city streets and alleys. The parking department has enforcement responsibilities for overtime parking. When called to a private property parking call, the officer or community service officer will make a determination if the complainant has the authority to request a vehicle be ticketed or impounded. When a vehicle is to be impounded, the officer shall follow departmental directives pertaining to vehicle impounds. · J!Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or CWll proceeding. The department policy should not be construed as a creation of a h~gher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-11.11 APPENDIX I While engaged in traffic enforcement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Chapter 3 of the Iowa Constitution which states "Privileged from arrest. SEC. '11. Senators and representatives, in all cases, except treason, felony, or breach Of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access booklet in the watch commander's office for guidance. 0PS-11.12 APPENDIX I (continued) Juveniles may be issued citations for traffic violations without notification of their parents. In instances where a juvenile is being taken into custody the applicable juvenile procedures should be followed. If a juvenile is arrested for OWl, the officer shall attempt to contact the parent(s) or other responsible adult prior to initiating Implied Consent. Non Iowa residents will be treated the same as Iowa residents with regard to the issuance of traffic citations. In instances where an officer has an articulable reason for believing that a person is unlikely to appear for the scheduled court appearance, the officer may require that a cash bond be posted or the person may be taken before the nearest magistrate for arraignment. The Iowa City Police Department encourages the practice of cite and release whenever possible. OPS-11.13 APPENDIX II Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The following guidelines are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. 1. Operating While Intoxicated: Recognizing that intoxicated individuals who choose to operate a motor vehicle pose a significant threat to the safety of themselves and others in Iowa City, the Iowa City Police Department will strictly enforce violations when a person operates a vehicle while intoxicated or drugged. Officers are also encouraged to strictly enforce Iowa's .02 Zero tolerance law pertaining to underage drinking and driving. 2. Operating while suspended, revoked, or barred. Operating a motor vehicle while a license is suspended, revoked or barred shows a disregard for the law and members of this department will enforce all such violations. Upon confirmation from DOT of the suspension, revocation or barment, officers are to file the applicable charge. Officers should check for the registered owner of the vehicle being operated by the subject, and if the operator is listed as a registered owner, the officer should check to see if the operator is eligible to have vehicles registered in his/her name. If the operator is not so entitled, pursuant to Iowa law the officer shall take custody of the license plates and, if available, the registration and, drivers license and send them to the Department of Transportation. Officers should also check for any unserved suspensions on the operator and, if present, serve such suspension on the operator. 3. Speed enforcement. A driver who operates a vehicle in disregard for the posted speed limit is one who can and does cause a large number of motor vehicle crashes. Officers of the Iowa City Police Department are to take enforcement action when speed violations are observed. Since the stopping distance of a vehicle is directly related to its speed, particular efforts should be made in and around areas which have significant numbers of children. 4. Hazardous violations. There are many violations of the traffic code that may be considered hazardous. These violations are those that could, under the right circumstances, result in a vehicle crash. Some types of violations considered hazardous are disregard of a traffic control device, failure to yield, reckless driving, and improper lane change/usage. Since the before mentioned violations are involved in large number of the motor vehicle crashes in Iowa City, officers are expected to take aggressive action when these violations occur. OPS-11.14 APPENDIX II (continued) 5. Off-Road vehicle violations. Members of this department will take appropriate action when they observe illegal on-road use of an off road vehicle. This includes, but is not limited to, enforcement of equipment, registration and licensing requirements. In instances where a vehicle is being operated off the roadway, officers need to determine if the operation is on property where the operator is entitled to be. If the vehicle is operated on private property without the permission of the controlling party, the officer may pursue appropriate criminal charges. In instances where the vehicle is being operated on public property, the officer will make a determination as to if the particular area allows the operation of motorized vehicles. 6. Vehicles operated on pdvate property. When a vehicle is being operated on private property with the permission of the controlling party, the officer may enforce the OWl, reckless ddving and accident reporting sections of the Iowa code. Equipment violations. In order for a vehicle to be safely operated on a roadway it must be equipped pursuant to state code. In many cases, the operator of a vehicle may not be aware that a piece of equipment is not operating, i.e., taillight, brake light. A warning by an officer may be all that is required to insure the defect is corrected. In those situations where a motorist is aware of a problem and has failed to correct it in a reasonable amount of time, or the violation is such that it could result in a crash, other action may be required: i.e. citation, or parking of the vehicle. 8. Commercial vehicle violations. All public and commercial vehicle regulations will be enforced; however, the officer's discretion, training and knowledge will determine the action to be taken for violations of public and/or commercial vehicle regulations. The officer may call a department member trained in commercial motor vehicles or contact the Iowa Department of Transportation for assistance. In all instances where a commercial carrier is involved in a motor vehicle crash involving serious personal injury or death, the officer should contact a trained commercial vehicle inspector for assistance in the investigation. 9. Less-Hazardous violations. The officer should take notice of less serious violations and may make contact with the violator. The circumstances surrounding the violation should be taken into consideration when determining the enforcement action to be taken. 10. Multiple violations. While the "stacking" of violations is not encouraged, the circumstances and seriousness of the violations should guide the officer in deciding the appropriate enforcement action. OPS-11.15 APPENDIX II (continued) 11.Newly enacted laws and/or regulations. When newly enacted laws or regulations are passed and become applicable to the motoring public, the enforcement guidelines prescribed in the text of the new law will be followed. The enforcement date of new laws/regulations will be determined by the Chief of Police or his/her designee in consultation with the city or county attorney. 12.Enforcement guidelines for motor vehicle crashes. Officers will take enforcement action when their motor vehicle crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated. If a citation is not issued, the officer may be required to justify his/her action. 13. Pedestrian and bicycle violations. Officers should use discretion and take appropriate enforcement action for violations committed by pedestrians and bicycles on public property. Consideration should be given to the age of the violator and the seriousness, location, and time of day of the violation. 14.When a officer encounters an operator whom he/she feels should be referred to the Department of Transportation for re-examination, the officer shall complete an incident report pertaining to the incident. The report shall contain the circumstances surrounding the incident, including time of day, weather and street conditions, and the operator's information. The report shall also include the reason(s) why the officer believes the person should be rs-examined. The report along with the DOT driver's referral form should be submitted to the watch supervisor for review prior to submission to DOT. (note: age alone is not a reason for re-examination) OPS-12.1 IN CAR RECORDING DEVICES Date of Issue General Order Number July 30, 1999 99-08 IEffective Date Section Code August 4, 1999 OPS-12 Reevaluation Date Amends / Cancels August 2000 NEW C.A.L.E.A. Reference 41.3.8 99-06 Traffic INDEX A S: Use of Fome Traffic Stops Internal Investigations Evidence Evaluations I. PURPOSE The purpose of this policy is to identify when in car recording devices should be used and procedures to be followed when using the recording equipment. Il. POLICY It is the policy of the Iowa City Police Department to use in-car recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturers instructions. Only those members trained in the use of the recording devices are authorized to use the equipment. All tapes ara the property of the Iowa City Police Department. Any distribution of a tape or portion of a tape shall be with the authorization of the Chief of Police or his/her designee. The playing or copying of any unauthorized tape is prohibited. OPS 12.2 III. DEFINITIONS In-Car audio/video recording equipment consists of; a camera, control unit, videotape and monitor. The VCR unit is mounted in the vehicle, a remote control is on the officer's belt and the microphone is worn on the officer's uniform. IV. PROCEDURES The use of in-car video and audio equipment will allow officers to collect evidence for use in the prosecution of those charged with a violation. Other appropriate uses of the recorded information include but are not limited to: A. review of an incident prior to a court appearance; B. recorded information may be used or subpoenaed into court for civil and/or criminal cases; C. provide documentation of incidents which do not result in charges; D. assist in the report writing process; E. recorded material may be used in or provide the basis for training. The Commander of Field Operations or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Field Operations or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from the vehicle until repaired. Only those officers who have been trained in the use of audio/visual recording equipment may operate the equipment. If an officer who is not trained in the use of the equipment if assigned to a vehicle containing the equipment, a tape will not be inserted into the unit. Officers are not required to inform person(s) that the recording equipment is in use, but shall disclose its use upon inquiry. USE OF EQUIPMENT In-car audio/Visual recording units will be installed such that they are automatically turned on when the emergency lights of the police vehicle are activated. All traffic stops should be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that safety is the first priority. When the use of the recording unit is initiated, officers may have occasion to turn the recording device off. In these instances the officer shall articulate the purpose for turning the unit off prior to turning the unit off. (I.e. taking of an accident report at the scene after establishing identity of those involved, motorist OPS '12.3 assist, parking calls) This does not preclude the use of the equipment in these type situations if the officer elects to do so. In addition to traffic stops, officers should manually activate the recording equipment on calls for service and on self initiated field activity. This may be done from the car or via the remote attachment. On calls for service and self initiated field activity, officers should not stop the recording until the call is terminated. In instances where the recording must be interrupted the officer shall articulate the reason for the interruption prior to turning the equipment off. While in contact with citizens officers should, to the extent possible, provide a narrative of the activity(s) being recorded. Upon termination of the contact the officer should provide a brief synopsis of the contact including the subject's name prior to turning off the recorder. The use of privately owned or rented tapes on in-car audio/video recording equipment owned by the Iowa City Police Department is strictly prohibited. TAPE CONTROL Officers will be provided with two tapes. The tapes will have a label affixed which contains the identification number of the tape, the number of the officer to whom the tape was assigned and the date assigned. Each officer will insert their tape into the tape machine at the beginning of their watch. At the end of each watch, the officer will remove the tape and write any case numbers on the tape label. When the officer next returns to work he/she will re-insert the tape, starting at the ending point from his/her previous watch. When a tape becomes full, or the indicator on the recording equipment indicates the tape is nearly full, the officer will insert a blank tape. When practical the officer will contact a watch supervisor to surrender the full tape and receive a blank tape. The date the tape was surrendered will be recorded on the label. Tapes which contain documentation of felonies, vehicle pursuits or other critical incidents as determined by watch supervisors, shall be removed from service a soon as practically possible. A watch supervisor will supply the officer with a blank replacement tape. An officer may request that a tape be removed from service if he/she believes it contains information of a critical nature. This request will be to a watch supervisor who will make the final determination. If the tape contains documentation of a use of force, the tape number should be included in the Use of Force Report form. In instances where there is a citizen complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the action being complained about was recorded. If so, the tape number shall be included on the Internal Affairs Registry. Tapes which the officer believes, are evidentiary in nature shall be submitted along with a property form to the evidence technician. To the extent possible, OPS 12.4 the officer should indicate the approximate location of the evidentiary section on the property form. i.e. include tape counter number on the form. All "full" tapes will be retained for a period of at least 90 days, If within the 90- day period it is learned that the tape needs to be kept in excess of 90 days, the officer will notify the Commanding Officer of Field Operations in writing. Notice will consist of, type of incident, tape number and reason for keeping the tape in excess of the 90 days. (I.e. notice of a court date which is outside the 90-day limit and the tape is of evidentiary value) Extensions will be reviewed monthly. Full tapes will be kept in the tape cabinet. Watch supervisors will record each time the cabinet is entered and any tapes submitted or removed from the cabinet. Only the Commanding Officer of Field Operations or his/her designee will erase tapes. Tapes must be erased prior to being returned to service. Tapes will not be erased until the 90-day period has expired. If an officer observes a quality problem with the tape, he/she should notify a supervisor when practical and exchange the tape. Officers are prohibited from "taping over" existing footage. The watch supervisor will select at random at least two tapes per officer per year for review. The purpose of this review is to ensure the recording equipment is being operated in accordance with departmental policies. A log will be maintained by the watch supervisor indicating the officer, date, and tape reviewed. R. J. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions.