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HomeMy WebLinkAbout07-11-2000 ICPD Reports/MemosSandy Bauer -.Im: RJ Winkelhake at: Thursday, June 29, 2000 5:22 PM To: Sandy Bauer Subject: Officer Martin Appreciation Call For the boards information. Mrs. Herbert Nelson called this afternoon to compliment Officer Andy Martin for the wonderful job he did last Thursday, June 22, 2000 around 5:30 p.m. Mrs. Nelson and her husband were traveling North on N. Dubuque Street preparing to turn on Foster Road. She just commented to her husband that there was literally no traffic and that surprised her as she couldn't remember a time when they didn't have to wait to turn. Suddenly they heard a thud and when they stopped and got out of their car, they realized a bicyclist had hid their car. The bicyclist was from Sioux City (in town on business, but training for RAGBRAI after hours). He received a broken collarbone. She said Officer Martin did a wonderful job calming both parties and they were extremely pleased with his manner and demeanor and wanted you to know. She asked that I share her appreciation with you and Officer Martin's Supervisors. Linda O Y � ^�MEMORANDUM n TO: FROM RE: DATE: FILED 20GO JUL -1 AM 9: 28 Members of the Police Citizen's Review Board R. J. Winkelhake, Chief of Police 4 . is July 5, 2000 ONA C'TY, !OWA In your report the City Council in 99-08 you made two recommendations. I would like some amplification of your second recommendation. What do you mean by your statement "more clearly restrict the release of information that is not factual in nature"? The City Council asked that I respond to them, but I'm not at all sure what you mean by the part of your statement "not factual in nature". Rather than speculate at the intent of your statement, I would prefer a clarification so I can properly address the issue with the City Council. cc: Steve Atkins, City Manager TO: FROM: RE: DATE: MEMORANDUM o v <� l Members of the Police Citizen's Review Board _ 71 R. J. Winkelhake, Chief of Police)v -' �- Fl PCRB REPORT #99-09 w cn July 7, 2000 I have noted that the PCRB's public report on complaint #90-09 contained comments critical of the subject officer for failing to offer or provide transportation to the complainant after the complainant's vehicle was impounded. While I acknowledge that the Board offered the officer a name -clearing hearing prior to issuing its report, the officer in question has informed me that had he known of the Board's area of concern, he would have participated in the name -clearing hearing, addressed the issue, and advised the Board that he offered to obtain a cab for the complainant. Perhaps when the Board is contemplating criticism or negative findings that do not involve the specific allegations of a complaint, communicating the same to the officer may be productive. ICPD TRAINING �n DATE: June 30th, 2000 -- TO: Chief Winkelhake From: K.Hurd— D r� REF: June Training Report 1-0 Dependent Adult Abuse 06/6-7/00 16 Hours Officers Shaffer and Bok Ames Training in identifying, investigating and prosecution of Dependent Adult Abuse. SRT Annual Training Week 06/5-9/00 40 Hrs 22 SRT members Iowa City Annual training for SRT. Included weapons and tactical training, skill development and joint exercise with other Emergency Response agencies in the area. Crisis Negotiations 06/13/00 Boggs and K.Droll 8 Hrs MTTU IV Training for Emergency Communications Operators in the area of Crisis Negotiations. Dealt with what the person initially receiving the call should do/consider. Also dealt with techniques for stabilizing/de-escalating the situation by the person initially receiving the call. Computer Training Ongoing throughout the month Sworn/Non-swom Approx. 650 hours Training in computer system Legislative Update 06/30/00 Krei 8 hours Update on new or amended Iowa Code sections of interest to Law Enforcement. Training provided by the Atty. General's office and the Iowa Association of County Attys. Watch Training #s 00-45 Use of Force/Demand to Enter 00-46 Seizure of Persons 00-47 Nuclear Transport 00-48 Fireworks Copy: City Manager Captain Widmer PCRB An vw FIRE and ARSON SCENE EVIDENCE (adapted from DOJ publication Fire and Arson Scene Evidence, A Guide for Public Safety Personnel) While approaching a fire scene, the first responding officer should observe and note the following conditions and activities as soon as practical. This includes the activation of in car recorders while responding to the scene. A. The presence, location and condition of victims and witnesses. 3. Vehicles leaving the scene, bystanders, or unusual activities near the scene. C. Flame and smoke conditions. D. The type of structure. (e.g., residential, commercial, manufacturing) E. Condition of the structure. F. Conditions surrounding the scene. (e.g., blocked driveway/street, debris, damage to other structures) G. Weather conditions. H. Unusual characteristics of the scene. (e.g., INSIDE THIS ISSUE I Bike Patrol Tactics I Fire and Arson Scene Evidence 4 Motorcycle DWI indicators continued on page 2 Bike Patrol Tactical Tips Bike patrol allows officers a greater degree of freedom to interact with the community they serve. They are perceived as more approachable and less "threatening". However, being on a bike also means the officer has less control over their environment and has fewer tactical options than those in a patrol car. With this in mind, officers on bike patrol may wish to consider the following tactical tips when on their bike. 1. Ride within your physical limits to a scene in order to be an asset. Back off just prior to arrival and stay below your anaerobic threshold. There is a big difference between arriving in a car and on a bike. You need to have something left when you arrive at the scene so you can handle the situation. 2. Heads Up and scan at all times. Avoid "tunnel vision". As you become fatigued you tend to drop your head and focus on what is right in front of you rather than keeping your head up and "swiveling". 3. Consider your cover and concealment options as you approach your destination. You do not have the luxury of your car for cover. Look for cover options when approaching the scene. 4. Consider your positioning for a tactical retreat. Always consider a tactical retreat because of the lack of cover issue. Also you do not have the ability to go from 0-60 as you do in a vehicle. Know where your continue on age 3 training 1 continued from page 1 the presence of containers, exterior burning or charring on the building, the absence of normal contents, unusual odors) The status of fire or security alarms and sprinklers. The first responding officer's initial observations may provide pertinent information to the investigation. As the investigation unfolds, these observations may provide the starting point for evidence identification or witness and suspect development. When responding to a fire scene, safety overrides all other concerns. Ensuring the safety of victims, bystanders and emergency personnel is the foremost concern at the scene. All other activities are secondary to safety considerations. Upon arrival at the scene the first arriving officer should evaluate the scene for safety hazards. This would be similar to identifying structures or vehicles for hazardous material type incidents. What is the occupancy, are there signs or placards which indicate there are hazards present? Is there personnel on hand that can indicate if there are any health/safety concerns which responding personnel needs to be aware of? Relay the existence of any known hazards to other responding units. While as one of the first responding units, you may not be involved in the "technical" phase of evidence collection, you are in a position to observe and note conditions or information which may not be available to the investigator upon his/her arrival. Due to the nature or extent of the fire, fire suppression techniques or other factors, many of these conditions/factors may be destroyed or altered by the time of the investigators arrive. Some information you as the initial responding officer may be able to observe are: A. Fire patterns including multiple fire locations. B. Burn injuries to victims and fire patterns on clothing. C. Trailers, flammable liquids, or other unusual fuel distribution. D. Incendiary/ignition/explosive devices. (e.g. lighters, matches, timing devices) E. Shoe, tire, or other impression evidence. F. Broken windows or doors. G. Distribution of glass and debris. H. Indications of forced entry. I. Containers. J. Discarded clothing. K. Trace evidence. L. Indications of other crimes in addition to possible arson. M. WITNESSES, BYSTANDERS, and VICTIMS. N. Any other unusual items or the absence of normal contents or structural components. Per existing procedures, officers are required to complete an incident report when they have responded to a fire. The report should include the as much of the above -mentioned information as is available. In addition, officers should indicate in their report if they have any recordings of the fire scene. Additionally, officers should consider calling in the plate number of any vehicles observed in or leaving the area. Upcoming Training The following is a listing of upcoming training that MAY be available. Do not consider this a posting. Any requests to attend based on this listing will not be considered. Sept. 13' and 18-22 Vehicle Dynamics MTTU IV Oct. 2 - 6 v i Instructor Development _1 ILEA Oct. 23 - 27 Chemical Munitions Inst. ILEA continued from page I Tips for surviving foot pursuits To minimize the risk of injury or death, officers should consider the following tactics when engaged in a foot pursuit of a subject. 1. Always radio and advise of the location, reason and direction of the pursuit. 2. Take the keys out of your vehicle. 3. When pursuing a person, who flees from a vehicle, make sure there are no other people in the car. 4. If you believe the subject is armed, always wait for backup. 5. Try to follow the same general path as the suspect, allowing them to discover hazards. 6. Remain cautious, in control and alert for additional threats or changes in the situation. (from Surviving the Street: by Charles Thomas CALEA UPDATE We have officially submitted our application to the commission. Upon return of the agency profile questioner we will officially be a "candidate" agency and in the self -assessment phase of the process. At this time we will be evaluating our existing orders, procedures, manuals, Rules/Begs, state code and city ordinance for compliance with the various CALEA standards. Upon completion of the self -assessment process we will schedule a date for formal assessment at which time CALEA will send several assessors to the city to evaluate or "procedures" against the CALEA standards. At this time there will be a public hearing as well as review of the facilities, equipment and written directives of the department. In addition the assessors may schedule interviews or ride alongs with officers. It is not necessary for officers to know all details of all policies, but instead understand the general concepts and where to lookup the specifics of a policy. It is partially towards this end that we instituted the color - coding of the general orders. bike is at all times so it doesn't become an obstacle for you. 5. In High -Threat situations, you may have to dump your bike. Train and practice this "dismount". Direct your bike away from you. 6. Utilize your bike as a tool, barrier or distraction device to buy time and/or distance in a confrontational situation. If you confront a non -compliant or combative subject, you can roll your bike into the immediate area of the subject, which may be enough to distract the subject while you, transition to other tactics. 7. Recognize when your bike no longer serves a tactical or mechanical advantage. Clear your bike prior to transitioning to any "hands-on" tactics. You do not want to become entangled in/ on your bike. 8. Provide communications and backup officers with a detailed location or description. You do not have a vehicle to sere as a "flag" to your,19cation. 9. Consider the volume of your radio. --Ybu do not have a vehicle to copain, the sounds. i 10. Become familiar with the arga you will be riding. Learn and repemberD where hazards such as cracks, anch6f wires, posts/poles are. One of the advantages of bike patrol is the increased mobility. This added mobility will take you to/through places which you cannot access with a patrol car. The time to discover a low hanging branch or stump in a park is prior to riding through the park in the dark, on your way to a call. 11. Wear your helmet. Personnel experience has demonstrated that your helmet can protect you from serious injury. (adapted from Caliber Press Street Survival newsline) training 3 MOTORCYCLE DWI DETECTION GUIDE The National Highway Traffic Safety Administration (NHTSA) has determined that one out of every 55 motorcycles is involved in a crash, and one out of every 1750 is involved in a fatal crash. When factoring in miles traveled, cyclists are 16 times more likely than the occupant of passenger car to die in a motor vehicle crash. In addition the NHTSA estimates that 43% of motorcycle operator fatalities involved alcohol. With these figures in mind, the NHTSA has come out with the following cues/indicators for "predicting" impaired motorcycle operation. According to the NHTSA the following cues have a 50% + probability of identifying an impaired/intoxicated driver. 1. Drifting during turn or curve 2. Trouble with dismount 3. Trouble with balance at a stop 4. Turning problems (e.g. unsteady, sudden corrections, late braking, improper lean angle...) 5. Inattentive to surroundings (e.g. sitting through a green light) 6. Inappropriate or improper behavior (e.g. dropping objects, urinating at roadside...) 7. Weaving In addition the NHTSA has identified the following cues as "good" with a 30-50% probability. 1. Erratic movements while going straight 2. Operating without lights at night 3. Recklessness 4. Following to close 5. Running stop light or sign 6. Evasion 7. Wrong way One factor, which was not included as an indicator, was speed. According to the NHTSA only about 10% of speeding cyclists are impaired. June Training Officer(s) Training Hours Shaffer, Bok Dependent Abuse 16 22 SRT Annual Training Week 40 Boggs/Droll Crisis Negotiations 8 ALL RMS/Paperless Trnng Krei Legislative Update 8 This and That In the past we have received a request from the DCI not to file PCS charges until we receive the lab results back from them. This was to avoid them having to rush a sample through because of an impending court date. Effective now, the Johnson County Atty. has requested that we file marijuana or other "known" PCS charges based on the results of the presumptive test. Many suspects are charged with an offense and the PCS charge is left pending waiting for the test results. Often the suspect wishes to plead guilty to the charge to get the case over with and are unable to do so because the charge has not yet been filed. In addition it causes credibility problems for the County Atty.'s office when a defense atty. has a client who wishes to plead guilty to the charge and has made arrangements to do so and the"he suspect is arrested on the PCS warrant when the test results come back. There haue(enly,been a couple of incidents where not having the test results back have been an -issue with tht misdemeanor PCS charges. The illiterate of the 21 si Century will not be those who cannot read and write, but those who cannot learn, unlearn and relearn. Alvin Tofler training 4 IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-40 June 5th, 2000 Commanders (Pass on to all officers) k.hurd WT 00-45 Demand to Enter Attached is the watch training for this week. It deals with a potential constitutional problem with section 804.15 of the state code which is included in general order 99-05 Use of Force. Cc: Chief Winkelhake Capt. Harney Capt. Widmer 0 Watch Training 00-45 —p Use of Force -TI Breaking and entering premises - demand to enter - Scenario - You are told by a reliable source a wanted subject is staying at efriend K house. You are able to confirm that there is a valid warrant. You respond to the address and glimpse a male subject matching the physical characteristics through the window. You and a 2nd officer approach the door and knock. A person answers the door and you quickly identify her as the resident of the house. She states that she lives alone and there is no one else in the house. She refuses to grant you consent to enter and search the premises. Critical Issues - Do you have authority to enter the house w/o a search warrant or consent of the tenant? Discussion - Iowa Code section 804.15 which is included in G/O 99-05 Use of Force is as follows: 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. Sgt. Steffen as recently relayed that this section of the State Code is contrary to Federal Statute and Supreme Court Decisions. Prior to entry of third party residence, officers need to either obtain consent to search, a search warrant, or be able to articulate an exception to the search warrant requirements. If you can not do so you do not have a authority to enter the premises. While the subject would be in custody, any evidence obtained while in the property would in all likelihood be suppressed. I.e. if the subject were wanted for armed robbery and upon forcing entry to arrest w/o meeting one of the above criteria, you recover a weapon and moneybags with receipts and checks from the Last National Bank, it will probably not be admissible in court. In addition, you may be subject to civil litigation for violating person's civil rights. On 5/26 Officers Shaffer and Droll attended a seminar on search and seizure and broached this subject with the instructors one of which was from the Any. Generals office. Briefly, the reply was, yes there is a problem with this section of the state code. RiFrn Ci i , I rat n IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-43 June 12th, 2000 Commanders (Pass on to all officers) k.hurd WT 00-46 Seizure of Persons This weeks watch training deals with seizure of persons and voluntary contacts. This week we are using ALERT training video Seizure vs. Non -Seizure. This tape runs approx. 18 minutes. Please return the tape to the watch commanders office after each showing so it will be available for other watches. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 00-46 Seizure of Persons Scenario - You respond to an area on an anonymous report of a possible burglary in progress, there is no physical description. Upon arriving in the area you observe a person walking away from the area. You exit your car and approach her and ask her if she would mind talking to you. Critical Issues - When is a contact voluntary? Discussion - The ALERT training video deals with when a contact is voluntary and steps that can be taken to keep a contact in a voluntary in nature. OFFICERS: NOTE THE RELATIONSHIP TO VOLUNTARY CONTACTS AND THE USE OF VERBAL JUDO TECHNIQUES/NON-VERBALS. J L:oj J0 It• 29 ch f IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 00-44 DATE: June 19th, 2000 TO: Commanders (Pass on to all officers) FROM: k.hurd SUBJECT: WT 00-47 Nuclear Transport This weeks watch training deals with procedures used by the department of energy regarding the transport of nuclear materials. This week we are using a video produced by the Department of Energy. This tape runs approx. 11 minutes. Please return the tape to the watch commanders office after each showing so it will be available for other watches. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 00-47 Department of Energy Transports Scenario - In the past several weeks, there was an article in a local newspaper indicated that the Department of Energy was shifting from its usual southern route (through Missouri) to a more northerly route across I-80. A truck carrying these materials is involved in an accident at Hwy 1 and 80. There are no Troops available. Critical Issues - Discussion - The attached video briefly covers the procedures used by the DOE and how they will contact and interact with local law enforcement in various types of situations. \, IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 00-45 June 23rd, 2000 (yes this is a couple days early) Commanders (Pass on to all officers) k.hurd WT 00-48 Fireworks This weeks watch training deals with fireworks. State code prohibits the discharge of fireworks but does not prohibit the possession of fireworks. Any possession charges would need to be filed under City Ordinance 7-1-1 which adopts the Uniform Fire Code (UFC) which prohibits the storage and handling of fireworks. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 00-48 Fireworks Scenario - It is 01:38, you respond to a park ref fireworks going off. Upon your arrival you locate a car from which bottle rockets are being fired. There are three people in the car. You approach the vehicle and the owner/operator consents to a search. You locate a bag full of fireworks and other related paraphernalia. Critical Issues - What would be the appropriate charges? Discussion - In this case they are all in violation of City Ordinance 10-9-2-I which prohibits being in parks after 10:30 PM (exception for City and Mercer Parks 11:00 PM). In addition they are in violation of City Ordinance 7-1-1, which adopts the 1997 Uniform Fire Code. (UFC). UFC 7802.3 is as follows... "The storage, use and handling of fireworks are prohibited." As with all city ordinances this is a simple misdemeanor. Iowa Code section 727.2 makes it a serious misdemeanor to use or explode fireworks. NOTE: This does not prohibit the possession of fireworks. Possession would need to be filed under the City Ordinance. Officers are encouraged to use the UFC for enforcement unless the fireworks are being used in a dangerous manner or if the size and/or quantity indicate resale, or the blast size would be exceptionally large. Disorderly conduct may also be applicable. When citing for possession of fireworks, officers need to indicate City Ordinance 7-1-1 A. which adopts the UFC, and reference UFC 7802.3 which prohibits the handling of the fireworks. NOTE: The UFC section states the ... use and handling of fireworks are prohibited. This is NOT the normal possession charge, as it requires handling of the fireworks. A "joint possession" charge may or may not be appropriate depending on the circumstances. O - T _I