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HomeMy WebLinkAbout06-13-2000 ICPD Reports/MemosICPD TRAINING DATE: June 1, 2000 z r-, TO: Chief Winkelhake r - From: K.Hurd _ �i= J CD REF: May Training Report y I.A.I. Spring Conference 05/4-5/00 Officers Cox and Singleman Ames 16 Hrs Training for in identification techniques for crime scene technicians and processors. Gang Training 05n-10/00 24 Hrs Sgt. Lord, Investigator Gonzalez Lansing Michigan Update training in gang investigations, including changing trends, legal considerations and prevention/intervention techniques. Defensive Tactics Re -certification 05/11/00 Officer Welch 8 Hrs ILEA Mandatory re -certification for department defensive tactics instructor. Spring Range Qualification and Training Week of 5/15/00 Sworn personnel 8 Hrs. Tiffin Gun Club and CRPD range Spring firearm training and qualification. Training included training review of Use of Force policy and new Less Lethal Projectiles policy. Training in the use and deployment of less lethal munitions. O ' LEIN School C7-11 05/08-29/00 Investigator Hart r. 80 Hrs. Training in investigation techniques, surveillance techniques and task force opera'tons. r Explosive Devices Training 05/8-12/00 Officers Leik and Lorence 40 Hours Omaha Training in explosive devices for the departments bomb/explosive devices technician and technician applicant. Includes hands and classroom sessions as well as training with new equipment. Explosive Devices Re -certification 05/15-19/00 Officer Leik Huntsville, Alabama Re -certification training for departments bomb/explosive devices technician. Includes classroom and hands on sessions. Basic Criminal Investigation 05/08-12/00 Officers Nixon, Batcheller, Steva ILEA Training in criminal investigations. Training was geared for newly appointed or officers planning on entering the Investigative Section. Included, training in the areas of death, burglary and arson investigations; and the identification, collection and evaluation of evidence. ACTAR Review/Testing 05/20-21/00 Officers Hewlett and Kelsay Eau Claire, WI 16 Hrs. Review for ACTAR (Accreditation for Traffic Accident Reconstructionists) Officers review and take national accreditation test. MATAI Conference 05/22-24/00 Officers Hewlett and Kelsay Eau Claire, WI 24 Hrs. Training in the investigation of low speed accidents. Included classroom and field work. O Narcotics Investigation 4 :_ 05/22-26/00 Officers Batcheller and Gaarde ' 40 Hrs Camp Dodge - tJ 15 co Training in the investigation of narcotics cases, investigative techniques and pW—cedur4 Class contained classroom and practical application of information. Bike Officer Training 05/22-26/00 Officers Martin and Fowler 40 Hrs MTTU IV Training in the techniques and tactics of being a bicycle officer. Includes classroom and riding exercises. Also includes different scenarios involving the use of a bicycle. SRT Training Day 05/09/00 10 SRT members 8 Hrs Regularly scheduled fitness assessment and training in vehicle/bus assaults and rescue. Equipment maintenance. SRT Range Training 05/23-24/00 CRPD Range 8 Hrs 12 SRT members Monthly SRT weapons training and qualification. Introduction of new techniques by Heick and Nixon. Training in less lethal munitions. Search and Seizure Update 05/26/00 Mt Pleasant 8 Hrs Droll, Shaffer Training and update on laws and court decisions pertaining to search and seizure. Watch Training #s 00-41 Dealt with Use of Force G/O 00-42 Civil Rights G/O 89-04 and protest situations. 00-43 Use of Leg Restraint Straps and Prisoner Transport order review 00-12 Gun on School Grounds 00-44 Hearing Impaired Copy: City Manager Captain Widmer PCRB OS �; 1 r' ' C� j Co .. y iv ca training Community Oriented Policing What is it? In FY2000 we received approx. $374,000 to assist in Community Oriented Policing (COP). At this time we have 8 officers who have been hired on federal grants for the implementation of the COP program... But what is COP? First off, COP is not riding around in your marked unit answering your assigned calls and filling in the rest of your watch writing traffic tickets. While officers are responsible for handling calls in their areas, and do need to address traffic violations, officers also need to get out of the car, get with the citizens and assist in the solving of existing problems and heading off potential problems. There is no single COP methodology. It varies not only from city to city but can vary from area to area within a city. It is a combination of proactive patrol, use of "non- traditional" resources and problem solving, citizen groups, other strategies tailored too and developed with the members of a particular community. Often times it will not involve traditional criminal activity nor will it be something, which you are able to handle with a traditional hook and book approach. You may become involved in issues which we often pass -off as a "civil problem, 10-8". While you may not have the authority to handle a particular dispute, you may serve continued on papa 2 INSIDE THIS ISSUE 'I 10 Desirable Attributes 1 Community Oriented Policing 4 Bond v US Search/Seizure decision 10 Desirable Attributes Adapted from April 2000 Trainer magazine. Written by Sgt. Brian Willis, Calgary Police Dept. April's bulletin contained 10 Fatal Errors officers make. This month we are including 10 desirable attributes. These attributes may keep you from making one of the 10 Fatal Errors. 1. Acquire and maintain a high level of skill and knowledge. a. An officer must develop and maintain fundamental skills. Develop an understanding of basic safety tactics and effectively complete these tasks on all calls. b. Keep abreast of current legal issues. c. Keep abreast of current trends in the community. d. Continually seek opportunities to train and learn. 2. Establish and maintain sound tactical positioning. a. Tactical positioning includes utilizing a proper interview stance and proper reactionary gap. b. When dosing the reactionary gap, have a plan for dealing with any resistance or aggression. c. Tactically position your vehicle on all stops. d. Use the contact and cover principles on all calls. 3. Continually perceive, assess and respond to threat cues. This is a continual assessment process. Take In all information and assess It for threat cues and respond appropriately. Respond through the use of sound tactical positioning and implementation of a tactical action plan. Studies indicate that officers who became victims of assault often perceived pre -attack cues but shrugged them off. Is retreat the most viable option? Utilize iftthen thinking. 4. Develop and utilize a through, systematic search pattern. Develop a system that covers the entire body, the search must include the groin area. FBI research indicates that 50% of all offenders stated they felt the groin area was the most overlooked area in a search and 36% said that is where they carried their weapon. Determine what is on any necklace• continued on page 3 training 1 -- conned hom page r as the catalysis or conductor for the involved parties to work out an agreement. Is there an issue that could better be handled by another agency, i.e. social services or housing? Instead of "referred to ... 10-8" you make contact with the agency and serve as an Intermediary between the neighborhood and the agency. Does a particular neighborhood have a concern about a particular area being used as dumping ground? If they are willing to provide the manpower to collect the debris, can you make arrangements to get it picked up? stream cleanup. (photo by Brotherton) The question may be "How can I get started"? Right now there are approx. 100 Neighborhood Watch programs set up around the city. The department's Crime Prevention officer can provide you with a list of groups in your area and also provide a list of names of the leaders and members of the respective groups. You may then contact the chair of the particular group and they can make arrangements for you to attend the next watch meeting. In those instances where the group has become inactive you may serve as a catalyst for reigniting interest in the project. These people live and work in the particular area and can be a primary source of information for illegal activities, and may very possibly be able to provide you with suspects, in addition to being potential witnesses. Also, they may identify situations or conditions which may lead to illegal activity or present a health or safety threat to the community. When they provide you information you need to make sure that you get back to the group or individual about what is or has been done, concerning the problem. If upon checking on the problem you find out that there is nothing that can be done in the immediate future, you need to convey this along with the reason, to the affected individual or group. Failure to keep the community members informed about what has been done gives them the impression that they have been ignored or overlooked. Policing under the COP method is multi -dimensional, depending on your ability to look at situations from a "big picture" perspective and problem solve creatively. It requires that you use a wide variety of skills; social work, negotiation, organization, planning and others. It requires that you look at yourself as more than law enforcement. To be effective officers must be open, flexible and versatile and be willing to work with the "awkwardness" of a multidisciplinary approach. When dealing with a situation ask the complainant what they would like to have happen or if they have any suggestions on how to handle the problem. This will not only let the person know that you are interested in resolving the problem, but it is possible they may have a viable, practical suggestion on handling the problem. What you may perceive as a "trivial" matter may be based on an ongoing neighborhood problem. Instead of handling a situation repeatedly, by applying COP techniques, making the effort to find out what is going on and taking the time to work out a long term solution, you may very well save the community, yourself and other officers from having to re -address the problem. Is COP appropriate for all situations? No. There will stilt be many incidents where you will need to function in a "traditional" mode. If you respond to a domestic dispute and it turns out to be verbal, you may be able to resolve this by making contact with agencies which can assist with counseling, or you make arrangements for alternative housing for a day or so, while parties cool off and take advantage of services within the community, if the incident was physical in nature you are obligated to conduct the Investigation and when the primary physical aggressor is Identified, arrest him or her. However since you are active In the community you are now more likely to get a call from a neighbor if any no contact orders are violated. Hostage/barricade situation, this is a SRT situation, but afterwards the neighbors may be in a position to provide background information. Who will they be more likely to talk with? A police agency which drives through the area several times a night, or one that recently coordinated an effort to clear a playground area regularly frequented by loud and intoxicated subjects. Does COP require more of it's officers? Yes, you will be required to address situations you wgtdd have not dealt with in the past. You may spen(tmore time handling a call in an effort to a the ne:� --,for return visits. You will often time acting ti;Jaw enforcement but rather as a resQufce person. ;VVhat are the benefits? Closer ties toffiq.pommunit"d people within the community, increased sUport�a cooperation from members of thsti�murciiy an a safer more livable community. L N training 2 page I UPCOMING TRAINING THIS IS A PARTIAL LISTING OF UPCOMING TRAINING THAT MAY BE AVAILABLE. DO NOT CONSIDER THIS A POSTING. LETTERS SUBMITTED BASED ON THIS WILL NOT BE CONSIDERED A REQUEST TO ATTEND. CALENDAR OF EVENTS TRAINING EVENT PLACE MTTU IV DATE Jury 11-13 Police Response to Elder Abuse TRAININa EVENT PLACE MTTU IV DATE Nov. 6 -17 Line Supervision TRAINING EVENT PLACE CRPD RANGE DATE wEEK of Ocr 16-19 Fall Firearms Qualification TRAININe EVENT PLACE CHCAGO DATE Jury 10-14 Financial Crimes Investigation This and That 5. Utilize sound tactical principles when handcuffing. If there are any indications that resistance is going to be encountered use a tactical Ong method instead of a speed cuffing method. Approach should be initiated from a sound tactical position. Remember that the Closer the subject gets to being placed into a cell, the subject's stress level increases and the officer's tend to decrease. 6. Control the subject's hands. Again, control the subject's hands. Eyes may be the window to the soul but the hands will hurt you. You need to see the palms of each hand. When having a subject remove their hands from their pockets, consider having them remove them one at a time. 7. ALWAYS wear body armor. Research indicates your chances of surviving an armed encounter is 14X greater when wearing body armor. 8. Live by the "plus one rule". If there is one known subject, always assume there is at least one more. When searching subjects and a weapon is located, always assume they have at least one more. 9. Always weigh risk v gain in determining any course of action. Avoid unnecessary risks. Use sound judgement, cover, tactics and backup to eliminate any unnecessary risks. 10. Live a healthy lifestyle. This includes adequate rest, following sound nutritional guidelines and maintaining an exercise program. Appraise your level of stress and developing appropriate copping mechanisms is also critical to an officers emotional well being. — O C7 c =n =C — N v Recently there have been occasions where an officer has requested to attend training and had court scheduled during the training. While this is usually not a problem when the training is being held locally, it does pose a problem when the training is out of town. It is the responsibility of the officer to make arrangements to have the case continued or otherwise resolved. If the conflict cannot be resolved contact a watch supervisor for advice on how to proceed. Depending on the case, another officer may be assigned to attend the training. In any event, do not miss court without notifying the attorney involved and your supervisor. Failure to make arrangements and/or failure to notify may result in disciplinary action. SRT members requesting training need to make sure that when it conflicts with regularly scheduled SRT training days that a SRT supervisor is advised of the situation in advance. SRT has mandatory training and attendance requirements for its members. Entire Bond V US decision mentioned on pg.4 is available in the training office. "They selected worthy men of talent, in order to prepare themselves for any contingency." Wu Chi 400 BC training 3 May Training Officer Training Hours Cox, Singleman I.A.I. Conf. 16 Akers, Gonzalez Gang Conf 24 Welch DT Recert. 8 Sworn Range/Less Lethal 8 Hart LEIN School 80 Leik, Lorence Explosive Devices 40 Leik Ordinance Recert. 40 Nixon, Steve Batcheller Basic Crim. Invest 40 Hewlett, Kelsey ACTAR review/testing 16 Hewlett, Kelsey MATAI Conf. 24 Batcheller,Gaarde Narcotics Invest. 40 Martin, Fowler Police Cyclist 40 Shaffer, Droll Search/Seizure 8 STEVEN DEWAYNE BOND V. UNITED STATES On April 17"' the U.S. Supreme Court released it's ruling pertaining to a tactile search of a subjects personal belongings while using public transportation. Briefly, Bond was on bus which was stopped by the US Border Patrol. Upon determining that the occupants of the bus (Greyhound) were legally in the country, the agent began feeling the packages and belongings which were in the overhead compartments. Upon squeezing Bond's duffel bag he felt a "brick -like" object. Bond admitted the bag was his and consented to the agent opening the bag. Inside was a "trick" of methamphetamine. Bond was subsequently indicted for conspiracy to possess with intent to distribute methamphetamine. The case wound its way to the U.S. Supreme Court which in a 7-2 decision, decided that the physical manipulation was an unreasonable search of Bond's possessions. The Fourth Amendment provides that "the right of the people to be secure in their effects, against unreasonable searches and seizures, shall not be violated ... A traveler's personal luggage is clearly an c r� _. 71 CALEA Update' —_ We are formally entering the 9,ccgredhation so in way of review ... CALEA and3 fo e Commission on Accreditation Q) ' w o nt Agencies. CALEA was fo'41lded in• 1979 in consultation with the Intematiod—al Chte s%of Police (IACP), National Organization of Black Law Enforcement Executives (NOBLE), National Shertiffs' Association (NSA), and the Police Executive Research Forum (PERF). These organizations provided and continue to provide guidance to CALEA in the identification, development and refinement of accreditation standards. In the current (4"' Edition) manual there are 439 standards, divided among 41 chapters. Of the 439 standards, there are approx. 20 percent which do not apply to us. (.e. standards refering to reserves or jail facilities) The standards are Identified as either mandatory or other than mandatory. To attain accreditation we are required to meet all applicable mandatory standards and 80% of the other than mandatory standards. In most cases CALEA standards Identify what needs to be addressed but do not specify how it should be met, thus allowing us to address the standard in a manner which best fit our department. visual searches from aircraft, there was no "physical Invasion" of the property, and any member of the public could have lawfully observed the defendants' property. These differ from Bond in that they "involved only visual, as opposed to tactile, observation. Physical invasive inspection is simply more intrusive than purely visual inspection." While the agent did not "frisk" petitioner's person, he did conduct a probing tactile examination of petitioner's carry -on luggage. Passengers "generally use it to transport personal Items that, for whatever reason, they prefer to keep close at hand. " While Bond could expect that it would be "exposed to certain kinds of touching and handling." The agent's "physical manipulation" of his luggage "far exceeded the casual contact which could have been expected from other passengers." Bond by using an opaque bag and by directly placing it above his seat sought to preserve privacy. Additionally, when a passenger places a bag in an overhead bin, he expects that it may be moved, He does not expect that other passengers or bus employees will, as a matter of course, feel the bag in an exploratory manner. IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-32 May 1 st, 2000 Commanders (Pass on to all officers) k.hurd WT 00-41 yr:, This week's watch training deals with the recently reviewed Use of Force order. This is designated as a red, 'need to know" order. The main clarification is that photos should be taken of all injuries to suspects or officers, regardless of the extent. The order was also updated to include existing tools. Cc: Chief Winkelhake Capt. Harney Capt. Widmer ro Watch Training 00-41 Q _ Use of Force Review Scenario - You respond to a fight call in the plaza. Upon your arrival you arrest;a person 'E i for disorderly conduct. He refuses to follow commands and actively resists -during The J cuffing process. The subject is directed to the ground where he is subsequcnja � �cuffgd. He has several small abrasions and says he doesn't want any treatment. D �> Critical Issues - What are your obligations. What documentation needs to be done. Discussion - General Order 99-05, Use of Force was just reviewed and reissued. It contains several minor changes and clarifications. Under this order since the subject was injured, albeit minor, EMS shall be summoned to the scene to "ensure appropriate medical treatment'. Under NOTIFICATION OF COMMAND B. "The on -duty watch supervisor shall be immediately notified or summoned to the scene on any incident where the use of force results in a physical injury." This notification or summoning must be made regardless of the extent of the injury. Under REPORTING USE OF FORCE INCIDENTS, 1. " A Use of Force report with a written narrative regarding any use of force incident will be included with the incident report. The report(s) shall contain the following information... g. Pictures taken of an injuries to either the officer or suspect." This is to be done regardless of the extent of the injury. The purpose of this is to protect the officer from unfounded complaints regarding the extent of an injury. There have been several incidents where suspects have made a complaint ref. the extent of an injury. Photos would have assisted in quickly resolving these complaints. Bottom line ... if there is a visible injury, take a photo of it. Other changes in the Use of Force order include removing the ASP from Level III, Compliance Techniques. When we were issued the PR24 we were trained in leverage techniques for controlling subjects. We are not trained in any compliance or control techniques with the ASP. We will soon be training in the use of Less Lethal projectiles. They are included in LEVEL IV ASSAULTIVE (bodily harm). Additionally, while not spelled out, whenever a shotgun is deployed in a tactical situation it is a considered a Use of Force the same as drawing your sidearm and officers must complete a Use of Force report. USE OF FORCE is a "red" order. Officers must thoroughly understand this order, and will be held accountable for any deviations from this order. If there are any questions regarding the order check with a watch supervisor for clarification. o� IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-34 May 8th, 2000 Commanders (Pass on to all officers) k.hurd WT 00-42 Civil Rights This weeks watch training deals with the recently re -issued G/O 89-04 Civil Rights and protest type situations. While a protest or picket may tax the resources of the department, persons have a constitutional right to engage in these activities provided they do not endanger or restrict the rights of others and meet minimal notification requirements. Our purpose in these situations is to maintain the peace and see that the protest and any counter -protest remain peaceful and orderly. City ordinances pertaining to protests begin in section 10- 2-1 of the City Code. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 00-42 G/O 89-04 Civil Rights Scenario - A group of people decide to protest a medical clinic that performs abortions. As the protesters begin their picketing of the clinic, a crowd of onlookers starts to gather and then a group of clinic supporters arrive and stage across the street from the protesters. After a few minutes, members from the opposing views begin hurling taunts and insults at each other, and the groups and onlookers begin to spill on to the street. Critical Issues - What can be done to prevent the protest from happening? How many people can attend the protest? Are they merely exercising their right of free speech when they start hurling insults and taunts? What steps should be taken to contain the demonstration? O Discussion - As stated in G/O 89-04 Civil Rights, "All persons of this country`_?€` guaranteed the right to seek redress of grievances by: _ 1. Freedom of Speech - - 2. Peaceful assembly 3. Peaceful picketing - J 4. Distribution of handbills"... =' y r, The rights set out above ...do not mean that everyone with opinions or beliefs to express may do so at any public place..."The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists." In response to the above questions... chapter 2, section 10-2-4 of the City Ordinances states in part ... any person planning to picket... shall give the Chief of Police... at least one hour written notice prior to the event. This shall include... location of demonstration, date, starting time, hours and duration of the protest, estimated number of persons participating in the picket. This means they have a right to protest/picket provided they make the notification to the PD one -hour or more prior to the protest. They are required to give an estimate of the number of persons picketing but obviously they are not responsible for the number of onlookers or counter -picketers. While the protest/picketing is a clear expression that is protected under the I" Amendment, this DOES NOT extend to the point of inciting a riot. Also ordinances and laws pertaining to disorderly conduct may come into play. Additionally, 10-2-2 of the City Ordinances states "Picketing, protesting and demonstrations shall be conducted only on public sidewalks maintained by the City or other public walkways. No picketing, protesting or demonstrating shall be conducted on that portion of the streets used primarily for vehicular traffic." Thus once a protest or picket extends onto the streets it is in violation of the ordinance. Ordinance 10-2-3 A. states "Interference with Traffic, Businesses and Public Facilities: Picketers, protesters and demonstrators shall not block or obstruct free passage of any pedestrian or vehicular traffic or interfere with ingress or egress to any business or public facility." City Ordinance 10-2-6 further states "Whenever the free passage of any street, sidewalk or public way in the City is obstructed by picketers, protesters or demonstrators and such obstruction continues after a police officer has requested dispersal and removal, such obstruction shall constitute a public offense. Our function in picket/protest situations is maintaining order. Citizens have a right to protest/picket provided they do not obstruct a pedestrian or vehicular traffic or otherwise break the law. G/O 89-04 requires: 1. To the extent possible, the Watch Commander is responsible for assuring that adequate manpower is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non -participants, and will deal with illegal acts promptly, decisively, and impartially. The fact that you may or may not agree with the protesters is irrelevant. As long as the protesters are not acting in an illegal manner they have the right to express their opinions. Unless immediate action is needed to protect someone from serious injury or death, officers should refrain from taking action until the incident commander can orchestrate a unified response to any problems. QJ IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-37 May 15th, 2000 Commanders (Pass on to all officers) k.hurd WT 00-43 Leg Restraints 0 This weeks watch training deals with the use of the leg restraint system. This is to be use in conjunction with the restraint strap, demonstrating the use of the device. While most people think they know how to use, I have seen it use to tie a person's leg together in an "overhand" knot type fashion more than once. In addition to being incorrectly applied, by failing to "hang the tail" out the door, the subject is still able to kick. This training need was recently identified and developed by Officer Droll. Thanks for the assistance. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 00-43 Leg Restraint Scenario - You arrest a subject for disorderly conduct. During the arrest the subject actively resists during the cuffing procedure. When you go to place him in the backseat, he comes assaultive and begins kicking at the officers and kicking at the back door while you attempt to close the door. Critical Issues - Your safety, the safety of the subject being transported and department equipment. Obviously while the subject is in this mind -set and his legs are free, your safety is compromised. Also he could injure himself while engaged in this type behavior. In addition it costs between $200-600 (depending on if the door itself is damaged] to replace a backdoor window and approx. $500 to replace a back wig4ow. We end up replacing windows in these type situations several times each year. Discussion - Each vehicle should have a leg restraint in the vehicle. (if you cannot locate it, notify a watch supervisor so arrangements can be made to replace it) The strap is a black nylon strap made from seatbelt material. The strap is designed to restrain the legs of a violent subject thus limiting their ability to kick officers or damage the interior to the squad car. This strap shall not be used to "hog tie" the subject prior to transport. G/O 99- 03, Prisoner Transport... "Officers are ,prohihited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department." Using the leg restraint Obviously the strap is only used with violent subjects; therefor, extreme caution must be used when applying the strap to avoid being kicked. The strap has a "D" ring sewn in the middle of the strap. One end of the strap has both the hook and loop type Velcro sewn to it. The strap is placed on the suspect by wrapping the Velcro end of the strap around the subject's ankles. The Velcro side must be to the outside. Slide the Velcro end through the "D" ring and pull the strap tight. Once the strap is tight, simply bring the Velcro end sticking out of the "D" ring around the ring and attach it to itself. Be sure to press the Velcro together along the entire length to ensure it won't come apart during transport. The subject is then placed into the squad car. Place the subject's feet in the floor well as close to the door as possible. The other end is placed so it hangs out the door. The door is then closed which will secure the strap. Prior to arrival at the jail it is recommended that you advise them of the combative nature of the individual so adequate personnel will be available for safely removing the subject from the vehicle. We currently have two models of leg restraints, Toka and Human brand restQnts. On the Toka the rubber grommets keep the strap from being pulled back through tlriroor, 6n the Human, the yellow buckle keeps the strap from coming back through the door ) —1 v� IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-38 May 15th, 2000 Commanders (Pass on to all officers) k.hurd WT 00-12 Gun on School Grounds This weeks watch training deals with the presence of a firearm on school grounds. While there may be grounds for searching the vehicle w/o consent or obtaining a warrant, officers should consider obtaining one or the other in an attempt to minimize any subsequent challenges. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer r Watch Training 00-12 Gun on School Grounds Scenario - You are dispatched to a high school ref. a gun in a vehicle. Upon your arrival you are met by the principal who states that a student had approached her and stated that he had overheard another student talking about going hunting after school and having a gun in their car in the school parking lot. A teacher located the vehicle and states a long hard -sided case is visible in the "trunk" area of a hatchback. The vehicle is registered in the parents' name. The district has a zero tolerance for weapons on the school grounds and requests that all appropriate criminal charges be filed. The suspect student is called to the office and refuses to speak with the principal. He demands to talk with his parents prior to allowing any search of the vehicle. 0 5_ n �- Critical Issues - > What criminal charges if any apply? Can the vehicle be searched prior to the parent's arrival? Discussion Y 724AB Carrying weapons on school grounds —penalty —exceptions. A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class "D" felony. For the purposes of this section, "school" means a public or nonpublic school as defined in section 280.2. 18 USC 922(q)(2)(A) makes possession of a firearm in a school zone punishable by up to 5 years imprisonment. The law in this case is explicit. Anyone carrying or transporting a firearm on school grounds commits a class D felony. The Iowa City School District makes it clear to its students that bringing a firearm on to school grounds is a violation of school policy and a violation of state code. This is a case where a decision not to arrest should not be exercised. While the transportation may be for a lawful reason, it's mere presence on the school grounds is a clear violation of state code. In addition it is a federal offense to possess a firearm on school grounds. In this scenario, the vehicle is unattended and stationary. While there is an automobile exception to the warrant requirement, the preferred method would be to attempt to obtain consent to search prior to entering the vehicle. Lacking consent the officers should consider contacting a supervisor or the County Any's office to determine if the vehicle should be entered without a warrant. While the existence of the statement to the friend and the presence of a gun case in the car may rise to the level of probable cause, due to the seriousness of the incident and the likely notoriety which will arise, obtaining consent or warrant would greatly diminish any challenge based on the legality of the search. IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT TRAINING BULLETIN 00-39 May 30th, 2000 Commanders (Pass on to all officers) k.hurd WT 00-44 Hearing -Impaired V This weeks watch training deals with the dealing with the hearing impaired. Included is the number for an interpreter as provided by the Evert Conner Center. There are specific requirements officers need to meet/follow when dealing with a deaf/hearing impaired person. This is particularly true when it is in a custodial setting. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 00-44 Hearing Impaired Scenario - It is 02:30 and you observe a vehicle going through a red light. You stop the vehicle and make your approach. Upon reaching the drivers' door, the operator taps on his ears and is able to make known to you that he is deaf. The driver's eyes are watery and bloodshot; you detect an odor of alcohol on the driver's breath. You decide that you are going to administer SFST. Critical Issues - Can I administer SFST? If so, do I have to call an interpreter? Can I administer a PBT? Intoxilyzer? Can I question him? Where can I get an interpreter? Do these requirements apply if this is a non -custodial situation? A traffic stop? Discussion - Iowa Code and Federal ADA regulations directly impact the way in which officers deal with the deaf or hearing impaired. Iowa Code 804.31 Arrest of deaf or hard - of -hearing person requires in part: When a person is detained for questioning or arrested for an alleged violation of a law or ordinance and there is reason to believe that the person is deaf or hard- of -hearing, the peace officer making the arrest or taking the person into custody or any other officer detaining the person shall determine if the person is a deaf or hard -of -hearing person as defined in section 622B.1. If the officer so determines, the officer, at the earliest possible time and prior to commencing any custodial interrogation of the person, shall procure a qualified interpreter in accordance with section 622B.2 and the rules adopted by the supreme court under section 62213.1 unless the deaf or hard -of -hearing person knowingly, voluntarily, and intelligently waives the right to an interpreter in writing by executing a form prescribed by the department of human rights and the Iowa county attorneys association. "emphasis added" The chapter additionally states: This section does not prohibit the request for and administration However, upon the arrival of the interpreter the officer who requested the chemical test shall explain through the interpreter the reason for the testing, the consequences of the person's consent or refusal, and the ramifications of the results of the test, if one was administered. "emphasis added" When an interpreter is not readily available and the deaf or hard -of -hearing person's identity is known, the person may be released by the law enforcement agency into the temporary custody of a reliable family member or other reliable person to await the arrival of the interpreter, if the person is eligible for release on bail and is not believed to be an immediate threat to the person's own safety or the safety of others. An answer, statement, or admission, oral or written, made by a deaf or hard -of -hearing person.in reply to a question of a law enforcement officer or any other person having a prosecutorial; function in a criminal proceeding is not admissible in court and shall not be used agairtsIthe degf' or hard -of -hearing person if that answer, statement, or admission was not made _da'Qticited through a qualified interpreter, unless the deaf or hard -of -hearing person had waived the right to, an interpreter pursuant to this section. In the event of a waiver and criminal proceeding's the court -- shall determine whether the waiver and any subsequent answer, statement, or admission made_ ,. by the deaf or hard -of -hearing person were knowingly, voluntarily, and intelligently made: When communication occurs with a person through an interpreter pursuant to this section, all questions or statements and responses shall be relayed through the interpreter. The role of the interpreter is to facilitate communication between the hearing and deaf or hard -of -hearing parties. An interpreter shall not be compelled to answer any question or respond to any statement that serves to violate that role at the time of questioning or arrest or at any subsequent administrative or judicial proceeding. Ref. casual contacts, an interpreter is not required, as the subject is free to leave. In area of traffic stops, officers are not required to contact an interpreter when issuing a citation, however officers need to spend additional time explaining by; communicating in writing, pointing to relevant sections, gestures, or other methods, the citation. Where can an interpreter be reached? As covered in MATS, the Evert Conner Center is available 24 hours a day for interpreter services. The number is 338-3870 or pager # 888-318-2360. When dealing with the deaf or hearing impaired, officers need to remember that while they may be nodding in agreement, they may still not understand or understand only part of what is being communicated. When in a custodial setting officers would probably be required to show that any waivers were knowing and voluntary, additionally it requires that the waiver be in writing on the appropriate form. Officers are not required to provide an interpreter prior to the administration of a PBT or Intoxilyzer test. If the PBT were offered in the field obviously the contacting of an interpreter would be impractical, however upon arrival at the PD the officer should contact the # listed above and make appropriate arrangements. Officers are not required to wait for the arrival of an interpreter prior to administering a breath or chemical test but prior to any questioning of a subject they would need to have the interpreter present or a knowing and voluntary wavier signed. The one thing that is likely, is that the results of any field sobriety tests administered without the presence of an interpreter is likely to be suppressed.