Loading...
HomeMy WebLinkAbout05-09-2000 General Orders• • OPS-03.1 USE OF FORCE Date of Reissue General Order Number April 28, 2001) 99-05 Effective Date Section Code April 21, 1999 OPS-03 Reevaluation Date Amends /Gansels April 2001 95-03 C.A.L.E.A. Reference 1.3.1 - 1.3.8, 1.3.13 INDEX AS:=� Use of Force Reporting Use of Force Model Canine - - Arrests Warning Shots 7 I. PURPOSE 5> The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non -deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. Investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to effectively bring an incident under control, while protecting the lives of the officers and others. OPS-03.2 DEFINITIONS M n Definition - Deadly force (Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. Definition - Serious injury (Section 702.18 Code of Iowa) Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. I Definition - Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Definition - Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is OPS-03.3 necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1P 1865,1872. (1989) Definition -As used in this policy, "less lethal munitions" Means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. �c A peace officer or other person who has an arrested person in custody is justified in' the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. LL Section 804.15 Breaking and entering premises —demand to enter. If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private premises, the officer may upon identifying the officer as such, demand that the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make • the arrest, using such force as is reasonably necessary. r- OPS-03.4 V. PROCEDURES DEADLY FORCE A. Purpose of statement 1. To delineate the Department's policy regarding the use of deadly force. 2. To establish policies under which the use of deadly force is permissible. B. Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him/herself or others from what he/she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: t a. the person used or threatened to use deadly force in committing a felony, or b. the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. 3. No distinction shall be made relative to the age of the intended target. 4. Warning shots by officers of the Iowa City Police Department are prohibited. 5. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 6. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: a. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. b. As a last resort to prevent death or serious injury to officers or other persons. c. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there OPS-03.5 • is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. C. Injuries resulting from Use of force. 1. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment. D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall immediately surrender that firearm to his/her supervisor or a higher authority. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. • 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer at the scene in accordance with _ this paragraph, unless it is known with certainty which weapon caused the injury or death. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. LESS LETHAL FORCE _ A. ,Where dead) force is not authorized under this policy, officers should assess :j Y p Y the incident in order to determine which non -deadly technique will best de- escalate the incident and bring it under control in a safe manner. Officers _shall use no more force than is reasonably necessary to gain control of an i6dividual or situation. Officers are authorized to use force consistent with the Use of Force model. B. Definition -Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or • instructions of the officer. This includes the use of restraint devices such as l handcuffs. OPS-03.6 Use of force by an officer is justified in, but not limited to, the following situations: 1. To protect the officer or others from physical harm. 2. To control an arrestee or a potentially violent person. 3. To restrain or subdue a resistant individual. 4. To bring an unlawful situation safely and effectively under control. C. Officers shall use no more force than the officer reasonably believes is necessary to effect an arrest, defend any person from bodily harm while making an arrest, or maintain the custody of an arrested individual. D. Officers shall render appropriate first aid or ensure medical treatment is provided to any person injured or complaining of pain following the use of force. NOTIFICATION OF COMMAND A. Any officer who causes a serious personal injury or death through the A discharge of a firearm shall immediately contact his/her supervisor. If this is ? not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. b. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney. 4. The City Manager. 5. The Criminal Investigation Commander or his/her designee will be notified of the incident so an immediate investigation can be initiated. B. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. C. If an officer's use of force results in a serious injury or death, the officer's supervisor shall immediately contact the Division Commander. OPS-03.7 i REPORTING USE OF FORCE INCIDENT& nr,� _¢4 �lil ii) A. Discharge of Firearms -report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following circumstances in which no accident or injury results: 1. The discharge of firearms on firearms ranges. 2. Sporting events to include lawful hunting and organized shooting matches. B. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be • immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. The Watch Supervisor must be notified, however, immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee of four sworn officers. The committee shall consist of a Division Commander, the Sergeant of Planning and Research, and their designees. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. • 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for - appropriateness of force used, for any training recommendations which OPS-03.8 are necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of force incident will be included with an incident report. The report(s) shall contain the following information: a. Arrestee/suspect information. b. Case/incident number(s), date and time of incident, and reporting officer. c. Description of actual resistance encountered. d. All required fields completed in Use of Force report. e. The force used by the officer to overcome the resistance and the specific weapon or technique used. f. A description of any alleged or actual injuries to either the officer or suspect. g. Pictures taken of any injuries to either the officer or suspect. 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E, At a minimum, the Chief of Police and/or designee will review all reports and incidents of force annually. A review of reports and incidents of force could reveal patterns or trends that indicate training needs and/or policy modifications. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY A. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be immediately initiated by the Chief of Police's designees and completed as soon as possible. B. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. • C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall OPS-03.9 • cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. D. The on -duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. E. The officer responsible for the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police. While the investigation is pending: <r j :The officer shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at I=-, J any time. The officer must receive permission from the Chief of Police, or the Chiefs representative, prior to leaving the metropolitan area. If such _permission is given, the officer must supply phone number(s) of their _location and duration of their absence. 2. The officer will not discuss the case with anyone except the prosecuting • attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer from discussions with their attorney. The officer will attend post -traumatic stress counseling at the discretion of the Chief of Police. 3. The officer may be returned to duty upon departmental receipt of a letter from the counselor or mental health professional indicating the officer's fitness for duty, at the Police Chiefs discretion. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer has acted improperly, but is designed to safeguard the officer and the Department. G. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible manner. Police • agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use .— of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and OPS-03.10 amount of resistance offered by a subject; and consideration of the situational 40 framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. Reasonable officer's perception/Reasonable officer's response (see attached matrix) 40 0 OPS-03.11 • • LEVEL ONE Perception - Subject is compliant l:if Response - Cooperative controls (includes: m"i o, .-.prepaLratrrgns,�spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE • '• USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS MENTAL PREPARATION > > > PERCEPTION SKILLS RISK ASSESSMENT SURVIVAL ORIENTATION SPATIAL POSITIONING > > > OFFICER STANCE BODY LANGUAGE RELATIVE POSITIONING COMMUNICATION SKILLS > > VERBAL NON-VERBAL HANDCUFFING POSITIONS > > > > WALL STANDING PRONE KNEELING HANDCUFFING TECHNIQUE > CONTROLLED SEARCHING TECHNIQUES > > > > WALL STANDING PRONE KNEELING SPECIALIZED TECHNIQUES > > > OPPOSITE SEX FRISK STRIP ARREST TECHNIQUES > > SINGLE OFFICER MULTIPLE OFFICERS ESCORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS TRANSPORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS OPS-03.12 LEVEL TWO Perception - Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE RESISTANT PASSIVE LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT > MULTIPLE SUBJECTS > ARM CONTACT CONTROLS > WRIST > HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES > TRANSPORT TECHNIQUES go OPS-03.13 • LEVEL THREE Perception -Subject is actively resistant Response - Compliance techniques (includes: neuro-muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT Active LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE OTHER WEAPONS > BICYCLE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES OPS-03.14 LEVEL FOUR Perception - Subject is assaultive and likely to cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE(Bodily Harm LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, II, III > > PERSONAL WEAPON DEFENSES > > > HEAD HANDS ELBOWS FEET KNEES IMPACT WEAPONS ASP > STRIKES > LESS LETHAL WEAPONS > > IMPACT PROJECTILES CANINE OPERATIONS OTHER OPTIONS WEAON RETENTION TECHNIQUES (Less Lethal) > > > FRONT REAR SIDE U 10 Ll OPS-03.15 0 M LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE LEVEL V DEADLY FORCE Serious Bodily Harm/Death ENFORCEMENT ELECTIVES; I, II, III & IV > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT F RCIBLE STOPPING TECHNIQUES > ROADBLOCK - ' - R. J. Winkelhake, Chief of Police i'D 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. OPS-10.1 CANINE OPERATIONS Date of Reissue General Order Number April 28, 2000 99-04 Effective Date Section Code April 21, 1999 OPS-10 Reevaluation Date Amends/Cancels April 2001 NEW C.A.L.E.A. Reference 41.1.4, 1.3.6 Oft -5 INDEX AS: Canine Reports Searches i Use of Force I. PURPOSE It is the purpose of this policy to provide guidelines for the management and use of the department's canine unit. The utilization of canines requires adherence to procedures that properly control their use and channel their specialized capabilities into acceptable crime prevention and control activities. It. POLICY It is the policy of the Iowa City Police Department to use trained canine teams in acceptable fashions, to augment the traditional law enforcement and crime prevention functions of the Iowa City Police Department. The Department recognizes that under certain circumstances that the use of a canine constitutes a use of force and must' comply with the Departments Use of Force policy. OPS-10.2 III. DEFINITIONS Canine (K-9) Team: an officer handler and his/her assigned police canine. Canine Supervisor: Commander of Field Operations _ -n y I�IV. PROCEDURES A. CANINE UTILIZATION 1. The Department's canine team is available on a 24-hour, call out basis to: conduct building searches; assist in the arrest or prevent the escape of serious or violent offenders; protect officers or others from death or serious injury; track suspects or locate lost or missing persons, or hidden evidence of a crime, and detect the presence of narcotics or explosives. a. Canine teams should not be used to respond to minor complaints but may engage in assignments not listed here with approval of the canine supervisor or on duty watch commander. b. Canine teams may be called upon to do public demonstrations as assigned. 2. Canine handlers are responsible for determining whether a situation justifies canine use and the appropriate tactical measures that should be taken. Where the on -scene supervisor disagrees with the handler's tactical assessment, the Commander of Field Operations should be notified and his/her decision followed. Where time does not permit such notification, the directions of the on -scene supervisor shall be followed. a. Police canines shall not be handled or given commands by anyone other than the assigned handler. Should the assigned handler be injured or otherwise unable to command the canine, the canine should be removed from the scene. 3. Canine team assistance shall be requested by patrol officers through an immediate supervisor. Communications center personnel will forward the requisite information concerning the incident to the canine handler or unit supervisor. Requests from the Investigative Section should be routed through Investigative Supervisor on duty, or if unavailable, the request should be routed through the on -duty watch commander. In instances where the request comes from an active SRT response, the request will be routed through the SRT supervisor in charge of the scene. OPS-10.3 B. BUILDING SEARCHES FOR SUSPECTS IN HIDING A primary use of canines is for locating suspects in buildings or related structures where search by officers would create an unnecessary risk to officers and/or bystanders. All building searches or entries shall comply with departmental directives pertaining to building searches and entry. In addition the following guidelines apply when a canine unit is used in the search: 1. The building perimeter should be secured by responding personnel. 2. In all cases, an attempt shall be made to contact the building's owner or tenant, an attempt shall be made to determine whether there may be tenants or others in the building, and an attempt shall be made to ascertain the building's layout. 3. When a canine building search is anticipated, a preliminary search by officers should not be conducted, as this will interfere with the canine's ability to discriminate scents. 4. On -scene personnel should take the following steps in preparation for the canine search: a. Evacuate all tenants, workers or others from the facility. b. Request that all air moving equipment be shut down. 5. The canine shall not be used to search facilities that contain substances potentially harmful to the animal unless overriding risk to human life is present. The presence of such substances is a factor weighing in favor of an on -lead search of the property. 6. Unless exigent circumstances exist, prior to commencing the search, the handler or other designated person shall loudly announce that there are police officers on the premises and that a trained police canine will be released if the individual does not surrender. This statement shall be repeated at least once. In the absence of exigent circumstances the canine unit shall wait at least 3 minutes prior to entry of the structure, to allow the suspect a reasonable opportunity to respond. In multilevel, partitioned or large single level structures said announcement shall be repeated as reasonably necessary to apprise occupants of the structure that there are police officers on the premises and that a trained police canine will be released if the individual does not surrender. For example, this standard may require a repetition of the announcement at new levels, entryways or portions of the structure distant from the original location of entry. The time and OPS-10.4 location of the announcement(s) should be relayed to communications for inclusion in the CAD but in any case shall be noted in the canine officer's incident report. 7. Prior to entry, all exits should be secured or placed under observation, and communications assigned to a designated frequency and limited to a tactical nature. 8. Prior to entry; a. exits should be under containment. Officers should be positioned in such a manner as to provide a view of the site without exposing them. Containment means the suspect cannot escape from the perimeter without being observed. b. radio communications switched to a designated frequency and limited to a tactical nature. 9. The decision as to whether the search should be conducted on or off lead will be made by the handler based on the information available at the time. The presence of substances potentially harmful to the canine is a factor weighing in favor of an on -lead search. 10.When apprehending suspects in these or related circumstances, canines shall be commanded to disengage as soon as the suspect is subdued or readily complies with officer's commands. 11.Assisting officers should not walk between the canine and the suspect unless specifically instructed to do so by the handler. Ln v :7- 12.The arrestee should not be transported in the same vehicle with the o j canine unless alternative transportation is not available and immediate transport is essential for safety or security reasons. i:— u_ G REPORTS REQUIRED 0 -- Use of specially trained police canines for law enforcement responsibilities constitutes a real or implied use of force. In this as in other cases, officers may only use that degree of force that reasonably appears necessary to apprehend or secure a suspect as governed by this department's Use of Force policy. In all instances where a canine is deployed, a K-9 Supplemental Report shall be submitted by the handler, or in the event he/she is unable to complete the report, by a watch supervisor. The K-9 Supplemental Report shall be forwarded to the Canine Supervisor. Whenever the canine unit apprehends a person, the handler shall complete a Use of Force Report. Whenever a canine apprehends an OPS-10.5 individual with physical contact, whether or not in the line -of -duty, the handler shall: 1. Summon a supervisor to the scene. 2. Examine the affected area to determine the seriousness of the bite or injury. 3. Obtain medical treatment for the person, medical personnel should examine the affected area irrespective of the perceived seriousness of the bite or injury. 4. Take color photographs of the affected area, if possible, prior to and following medical treatments. A "full body" photograph should also be included. 5. Complete an incident report whenever it is known or alleged that a canine has apprehended or otherwise injured an individual. The report shall detail the circumstances surrounding the incident, the identity of the individual involved and any witnesses, the extent of the injuries, if known, and measures taken in response to the incident. A Use of Force report shall also be filled out. Copies of the incident report shall be forwarded to the Commander of Field Operations prior to the end of the watch. D. CROWD CONTROL 1. Canine teams shall not be used for crowd control for peaceful demonstrations or gatherings. 2. Canine teams shall be used for crowd control only upon approval of the watch commander or canine supervisor, to protect against theft or property damage during a riot or unlawful assembly (see IA code chapter 723) that cannot be controlled by other means. In these situations canines shall: a. be short leashed at all times unless no other means are available to protect an individual from serious injury; and b. not initiate any offensive action, unless to guard against imminent loss of life or serious bodily injury. OPS-10.6 E. DRUG DETECTION Use of police canines in a drug detection capacity is authorized in the following situations and under the following conditions: 1. The canine unit supervisor shall maintain records that document the use and proficiency of individual canines in drug detection. This documentation shall be readily available to canine officers and others who may need it when seeking warrants. 2. Random exploratory sniffing of luggage, packages or other inanimate objects may be conducted in public facilities such as airports, and bus terminals, as authorized by the canine unit supervisor or other authorized command officer and in accordance with State and Federal law. a. When a drug detection canine alerts to luggage or related items, a warrant or consent to search must be obtained before it is opened unless exigent circumstances exist to justify a warrantless search. 3. The use of drug detection canines in public schools is permitted only when: a. The school's principal or designated authority requests or approves use of the canines. b. there is reasonable and articulable suspicion to believe that illegal narcotics are being distributed and/or consumed on the premises such that the interests of the school are being unacceptably compromised; and c. the search is limited to inanimate objects in public areas and the ,r exterior of student lockers unless reasonable and articulable suspicion exists to gain admission to lockers and related areas r where there is a reasonable expectation of privacy. (see Iowa Code Chapter 808A, Student Searches) J -4. Drug -sniffing canines may be used to sniff motor vehicles when: L!" J a. reasonable suspicion exists to believe the operator or passengers are in possession of illegal narcotics; or b. during a valid vehicle stop, the canine is used to sniff the vehicle's exterior in an exploratory manner. Unless the canine alerts to the vehicle, the operator may not be detained longer than necessary to conclude the business associated with the initial stop. OPS-10.7 F. TRACKING Police canines are available with supervisory approval to track missing persons or suspects, or to locate evidence that the supervisor has reason to believe has been abandoned or hidden in a specified open area. Such searches are subject to the following conditions and limitations: 1. When officers are pursuing suspects and contact with the suspect is lost, the officer, prior to summoning a canine team shall: a. stop and pinpoint the location where the suspect was last seen b. shut off engines of vehicles in the area if possible; and c. avoid vehicle or foot movement in the area where the suspect or subject was last seen. 2. Canines used for tracking persons shall remain on a leash of sufficient length to provide a reasonable measure of safety to the subject of the search without compromising the canine's tracking abilities. 3. When used to locate small children, unless there is a reasonable suspicion of foul play or a reasonable belief that serious bodily injury or death will occur if the child is not located immediately, the search shall be conducted on leash. If circumstances are such that an off -leash search is necessary, the canine officer shall explain the risks of apprehension to the parents or next of kin and their approval obtained to use the dog. 4. Canine teams should not be used to apprehend persons suspected to be under the influence of alcohol or drugs or the mentally disturbed, if no other crime is involved, unless the person posses an immediate significant threat of death or serious physical injury to an officer or others. G. CANINE USE 1. Teasing, agitating or roughhousing with police canine is strictly prohibited unless performed as part of a training exercise. 2. Handlers shall not allow anyone to touch, pet or hug their canine without their permission and immediate supervision. Should a civilian express a desire to do so, they should be informed that police canines are working dogs and they can be dangerous if improperly approached. OPS-10.8 H. OUTSIDE USE OF CANINES 1. Handlers will not offer or provide the services of the police canine for use to any outside agency without supervisor approval. The on - duty shift supervisor will make the decision and grant or deny approval for the K-9 unit to respond to the requesting agency. The supervisor will consider the current availability of units within the city prior to authorizing the use of the unit outside the city. 2. Emergency requests for the canine unit which occur when the canine unit is off -duty, will be cleared by the watch commander and coordinated with the canine unit. CANINE USE AND CARE Canines are the sole property of the Iowa City Police Department and assigned to the selected officer(s) as a law enforcement tool. The canine officer has assigned responsibilities to maintain the animal, but the animal may be reassigned at the discretion of the Chief of Police. 1. Police canines shall not be used for breeding, participation in shows, field trials, exhibitions or demonstrations without prior approval of the Chief of Police or his/her designee. 2. Canine handlers are personally responsible for the daily care and feeding of the their animal including, but not limited to: cam: Q a. maintenance and cleaning of the kennel and yard area where &; % the canine is housed; b. provision of food, water and general diet maintenance as LU 1 prescribed by the departmentally authorized veterinarian; l_ c. grooming on a daily basis, or more often as required by U.- -- weather, working conditions or other factors; d. daily exercise (police canines are not permitted to run at large); 1) when someone other than the handler is exercising or otherwise handling the canine in public, the canine shall be muzzled. e. general medical attention and maintenance of health care records. The kennel area of the officer's residence is subject to inspection by the Chief of Police or his/her designee without notice. Any records pertaining to the canine which are housed at the officer's home are also subject to review and inspection without notice. OPS-10.9 J. VETERINARY SERVICE A licensed veterinarian will be chosen by the City to supply such veterinary services as needed. Periodic examinations will be arranged by the veterinarian for the canine. All medical treatments will be administered through the veterinarian's orders. In an extreme emergency the handler may utilize the nearest available veterinarian. The handler will notify the City veterinarian as to the illness or injury of the canine, and treatment given, as soon as possible. K. REFRESHER TRAINING In order to continually develop the skills learned in the initial training, refresher training will be scheduled as needed. The canine supervisor shall arrange for periodic training to include re -certification of specific skills at designated periods. The primary responsibility of maintaining the working capabilities of the canine will remain with the handler. The canine handler shall forward documentation of all training to the department's training officer. --wit'=-- R. J. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not applyin 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.