HomeMy WebLinkAbout08-08-2000 ICPD Reports/MemosI, MEMORANDUM
TO: Members of the Police Citizen's Review Board
FROM: R. J. Winkelhake, Chief of Police W
RE: INTERNAL INVESTIGATION LOG
DATE: July 19, 2000
Attached is a listing of the Internal Affairs Logs for 1999 and to date for 2000. In
the future, you will receive the logs in a much more timely fashion. If you have
questions or concerns, please advise.
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FILED
ICPD TRAINING 20100 ALIG _ I Pr; 2: 03
DATE: August 1st, 2000
TO: Chief Winkelhake
From: K.Hurd
REF: July Training Report
Investigating Financial Crimes
07/10-14/00
40 Hours
Officer Lorence
Chicago
Cr, 7p, �
h ;
IOW?, C11" K-MIA
Training in the identification, investigation and presentation of financial crimes.
Included advanced techniques and mock trial.
Child Exploitation
07/17-19/00
24
Investigator Gass
Appleton WI.
Training in the identification, investigation and prosecution of Child Exploitation cases.
Defensive Driving Inst. Re -certification
07/20/00
Officer Huff
8 Hrs
ILEA
Mandatory rectification for precision driving instructor. Included instructional
techniques and review.
Conducting Drug Raids
07/24-28/00
Officers Kelsay and Gonzalez
40 hours
Camp Dodge
Training in the planning and execution of drug and other high -risk raids/warrant service.
Included classroom and hands on training.
Southern Police Institute Conference
07/24-28/00
Widmer and Johnson
40 hours
Minneapolis MN
FILED
Zr"N AUG - i N) 2: 03
C:'-EI�K
IOWF, CL_-� MA
Updates and refresher training for SPI graduates. Identification of new and changing
trends/problems and areas of concern.
CALEA Conf.
07/26-28/00
Hurd
24 hours
Update on accreditation standards and associated concerns.
SRT Range training
07/25-26/00
15 SRT members
8 hours
Training in firearm techniques.
SRT Situational Training
07/11/00
18 SRT members
8 hours
Training in area of large building entry, searches and rescue techniques
Watch Training #s
00-49 Harassment
01-05 Legislative Update
01-08 Turn in Agreements
01-01 Possession of a Controlled Substance
01-06 Pursuit Considerations
Copy: City Manager
Captain Widmer
PCRB
"BURDEN OF PROOF"
During the various phases of handling a case, officers
are confronted with various levels of proof. Once an
officer decides to make contact with a person, you
must constantly evaluate nature and extent of the
contact.
Most contacts are casual in nature. In these cases you
are not acting in an "official" capacity, have no arrest or
detention authority and the subject is free to go. An
example of this would be consensual contacts. These
would be contacts that are initiated by the public.
The next level of contact is premised upon Reasonable
Suspicion. In these instances officers do not have
probable cause to arrest, but have an articulable
reason for detaining the subject. Le. you respond to a
burglary and stop a person walking down the street
with a microwave on their shoulder. It is at this level of
stop that you as an officer may do a pat down of the
subject IF you have an articulable reason that you are
fearful for your safety. At this level you officers must
take care not to escalate the contact to a "full-fledged"
arrest which requires the next higher level of proof,
Probable Cause.
Probable Cause is the level necessary to make an
INSIDE THIS ISSUE
I Burden of Proof
Staged Motor Vehicle Accidents
4 Seizure of Computer Equipment
continued on page 2
Staged Motor Vehicle Collisions
By Steve Fortmann
I recently attended a seminar on staged motor vehicle
collisions put on by the California Department of
Insurance Fraud (CDIF) and sponsored by the Iowa
Insurance Fraud Bureau. Just like I was before this
class, you're probably unsure of the reasons you
should be concerned about this topic. Some of the
reasons I feel this topic is worth taking a second look at
are because of the ways it directly effects each one of
us. Fraud increases the amount of insurance we all
pay. Injury and even death sometimes occur when
these schemes are carried out. Police Officers also
play an unwitting part in "crash for cash" schemes. I
became a Police Officer to stop thieves, not help them
steal.
The CDIF estimates that collision fraud is a 20
billion -dollar industry in California alone. This adds
between two to three hundred dollars to every
Californian's yearly insurance bill. While the problem
may not be as extensive in this area, It would be naive
to think that it doesn't exist here. We should also keep
in mind that as the problem is addressed in other areas
of the country, the likelihood is great that collision
"Stagers" will move their operations to new markets.
As with any accident, staged collisions carry
the risk that someone will be injured or killed. Because
of the big payoffs from insurance companies, however,
participants are willing to take these risks without
consideration for innocents that might be involved.
Police Officers become involved at a very
critical stage of collision schemes. Officers are used to
legitimize the scheme by completing official accident
reports, which are used by the insurance companies to
settle claims. Unscrupulous doctors and lawyers can
also become involved to legitimize fake injuries and file
lawsuits against insurance providers.
Part of stopping collision fraud is recognizing
how it occurs. There are many ways in which a collision
can be staged. All the participants could be involved, or
the collision could include innocent victims. Some of
the most common methods of collision slag[o®tMitiddo.page 3
training t
page 1
arrest and may be defined as "the existence of
circumstances which would lead a reasonably prudent
person to believe in guilt of arrested party." Le. a
criminal offense has occurred and the known facts
would lead a reasonable person to believe that the
suspect committed the offense.
The final level of proof which officers must deal with on
a regular basis is Proof Beyond a Reasonable Doubt
(BRD). This is defined in Iowa Model Jury Instructions
as follows: "The burden of proof is on the State to
prove the defendant is guilty beyond a reasonable
doubt. A reasonable doubt is one that fairly and
naturally arises from the evidence or lack of evidence
produced by the State. If, after a full and fair
consideration of all the evidence, you are firmly
convinced of the defendant's guilt, then you have no
reasonable doubt and should find the defendant guilty.
But if, after a full and fair consideration of all the
evidence or lack of evidence produced by the State,
you are not firmly convinced of the defendant's guilt,
then you have a reasonable doubt and you should find
the defendant not guilty."
It is the gap between Probable Cause (PC) and Proof
Beyond a Reasonable Doubt (BRD) that may cause
cases to be pled as is, plea bargained, dismissed, or
acquitted. The prosecutor must establish BRD for
each of the elements of the crime. If proof BRD is
lacking there may be no choice but to attempt a plea
on a lesser charge or the dismissal of the original
charge. In order to obtain a conviction officers need to
make sure that they develop the case to support the
burden required. This may mean continuing your
investigation after the subject has been arrested.
Have you contacted all the witnesses or just those who
were available at the time? Did you document all
witnesses/defendants statements accurately? Did
witnesses/defendants provide written statements? If
so, did you review them with the witnesses/defendants
to make sure they are complete and that they fully
document the witnesses/defendant's knowledge? In a
theft or PCS charge, have you submitted any evidence
for processing? Are there inconsistencies or "loose
ends" that need to be addressed? Does your report
contain the full names addresses and phone numbers
of all the witnesses?
With the exception of traffic offenses, most crimes
require intent. In general intent crimes, the jury
instruction reads as follows: To commit a crime a
person must intend to do an act which is against the
law. While it is not necessary that a person knows the
act is against the law, it is necessary that the person
was aware he/she was doing the act and he/she did it
voluntarily, not by mistake or accident..." (emphasis
added)
This issue of intent is critical with PCS cases,
particularly PCS cases involving constructive
possession. In PCS cases, the state must prove both
of the following elements of PCS:
1. ...the defendant knowingly OR intentionally
possessed the marijuana.
2. The defendant knew that the substance he/she
possessed was marijuana.
In proving PCS cases, the state may prove possession
by showing either actual or constructive possession,
and also sole or'oi int possession.
A person who has direct physical control of something
on or around her person is in actual possession of it.
A person who is not in actual possession, but who has
knowledge of the presence of something AND has the
authority or right to maintain control of it either alone or
together with someone else, is in constructive
possession of it.
If one person alone has possession of something,
possession is sole. If two or more persons share
possession, possession is joint.
Problems often arise in proving joint constructive
possession. When charging a passenger in a car, or
charging those present at a party in which a controlled
substance is present, the state must prove that the
accused had knowledge of the presence and nature of
the substance(s) and had the authority or right to
maintain control of it either alone or together with
another. The mere fact that the person knew the
substance was present does not constitute
possession. For example, upon responding to a loud
party you may observe controlled substances in plain
view. Upon seizing the substances, the officer asks
whom they belong to and no one responds or
everyone denies possession of the substances. While
the judgement of those present may be in question,
their presence in the apartment does not necessarily
constitute possession. You need to develop the
evidence to show they had the authority or right to
control the substance? Conducting follow-up
investigations is critical to a successful prosecution.
Did you interview all witnesses/suspects regarding the
substance(s)? Did you submit _baggies/container/
paraphernalia for printing? Did yW document where
items were located as well as suspects' locations? If
you end your investigation at thelevelof Pa,
successful prosecution may be impossible.
Developed at the request of and in conjunction with_t# e
Johnson County Attorneys Office.
training 2
The following is a listing of upcoming training, which MAY be
available. DO NOT consider this a posting. Any requests to
A.
Swoop and Squat- In this scheme, the swoop car
swerves in front of the squat car, which slams on
attend based on this listing will not considered a request to
his brakes, causing the victim car to rear -end the
attend.
squat car. The victim would be at fault,
supposedly, for following too close.
T R A 1 N i N G EVENT
B.
Sudden Stop- the leading car slows down to close
the gap between vehicles then brakes suddenly,
TRAINING EVENT
causing a rear end collision with the victim. Once
PLACE CRPD RANGE AND OTHER DESIGNATED LOCATIONS
again, the victim would seem to be at fault.
DATE WEEK OFOCTI6-19
C.
Backing Schemes- The perpetrator sees
someone backing out of a driveway or parking
Fall firearm training/qualification. 13:00-21:00
stall, and quickly moves into position to be struck
by this vehicle.
TRAINING EVENT
D.
Pedestrian Schemes- the driver of the vehicle
PLACE MTTU IV
looks left, right, and left again, makes a right turn,
DATE SEPT. 13 AND SEPT. 18-22
and the pedestrian runs into the vehicle and falls
down.
Vehicle Dynamics
E.
Phantom Vehicle Collision- The vehicle strikes a
TRAINING EVENT
pole (or anything else) because of an "unknown'
vehicle that swerved in front of him.
PLACE MTTLI IV
DATE OCT. 2 - 13TH
With any of the above schemes, fake claims of
At Scene Accident Investigation
injury would be filed with insurance companies to
collect damages.
TRAINING EVENT
PUCE ILEA
DATE OCT. 2 - 6
Instructor Development
JULY TRAINING
Officer(s)
Training
Hours
Lorence
Investigating Financial Crimes
40
Gass
Child Exploitation
24
Huff
Def Driving Recert
8
42,54
Conducting Drug Raids
40
99/87
SPI training session
24
Hurd
CALEA Conf
24
15 SPIT
Range Training
8
15 SPIT
Situational Training
8
WT 00-49,01-05,01-08,01-01
01-06
Other ways for Officers to identify and prevent
collision fraud include:
A. Never do "paper crash" reports. Make sure you
see the vehicles allegedly involved in a collision to
make sure one actually did occur.
B. Be suspicious of vague responses to questions
about injuries or conflicting stories of how injuries
occurred.
C. Make sure the damage you see on the vehicles is
consistent with the drivers' stories of how the
accident occurred. One indicator of a fraudulent
accident may be the occupants' inability to provide
coherent details outside of the accident. If you
suspect fraud, you might question occupants
independently about other occupant's names,
where they are going, or other details not related
to the accident.
D. Document suspicions in detail outside of the
accident report and report them to the involved
insurance carriers or the lowa_-Insurance Fraud
Bureau.
E. Know or be familiar with Iowa Lbde sections that
apply to insurance fraud.
For further information on this topic, visit the Police
Department library or contact the lowalhsura6ye
Fraud Bureau. Preventing insOrar ce jr�ud is all
our responsibilities. I hope this information will
assist you in doing your part` '
training 3
Seizure of computer equipment
Adapted from DOJ guidelines.
With the growing number of computers, it becomes
more likely that officers will encounter computers that
are or have been instrument in the commission of a
crime. While it is not reasonable to expect officers to
be familiar with all the systems involved in the
computer world, the following guidelines may assist
officers in determining how best to secure the
equipment for further analysis. If, during the course of
an investigation, a decision is made that computer(s)
and/or computer related equipment is to be seized, an
attempt to determine the type of equipment to be
seized should be made prior to the seizure. Also an
attempt should be made to find out the operating
system, if the equipment is part of a network, and if the
equipment is attached to a modem.
If possible the investigating officer should consult with
trained personnel who are familiar with the type of
equipment and operating system to be seized. The
investigating officer may request that the consulted
party respond to the scene of the seizure to assist with
the seizure once the scene is secure.
When seizing computer equipment, the following
guidelines should be followed:
1. remove all persons from the area near the
computer equipment;
2. DO NOT TOUCH THE KEYBOARD;
THIS AND THAT
3. evaluate any possible evidence visible on the
screen;
4. photograph the screen, equipment, rear of the
equipment to include serial number(s) and cable
connections;
5. UNPLUG the equipment from the wall. DO NOT
TURN THE EQUIPMENT OFF USING THE
SW ITCH;
6. remove any disks that are in the disk drive. Store
them in a non -plastic container and label their
location;
7. label and disconnect the cables;
8. seize all floppy disks, optical disks, CD-ROM
disks, PCMCIA cards, etc. and label their
locations. Search the location for hidden disks;
9. seize all computer manuals including software
manuals;
10. search the location for passwords;
11. carefully pack seized computer equipment for
transport to the PD, keeping it away from the
transmitter in the trunk of squad cars;
12. if more than one system is present keep the
equipment from the different systems separated
and clearly marked.
Once seized, the investigating officer should contact a
person familiar with the type of equipment seized, prior
to setting up the seized equipment and beginning the
search of the equipment or related paraphernalia.
The preferred method would be to have trained
personnel respond to the location prior to any
shutdown attempt.
Congratulations to officers Hewlett and Kelsay on their successful completion of the ACTAR (Accreditation
Commission for Traffic Accident Reconstruction) testing process. ACTAR is an internationally recognized
accrediting agency for accident reconstructionists which was set up under direction from the NHTSA in 1985
and incorporated in 1992. They are member numbers, 1121 and 1122 which demonstrates the commitment
required to complete the process.
The following orders are due for review this month, Vehicle Pursuits, Traffic and In -Car Recording Devices. If
you have any concerns, comments or identified a problem in an existing order, please forward them to me
ASAP.
A weapons policy has recently been developed. It identifies certain criteria a firearm must meet to be
authorized for off -duty use. Officers who have off -duty firearms need to qualify with them during the fall range
qualification. Off -duty firearm qualification may extend the hours the officer needs to spend on the range. OT
will not be authorized for off -duty firearm qualification. See me if you wish to review tha-crrder prior to its
issuance. -.
Nothing is beneath you if it is in the direction of your life. Ralph Waldo Emerson
training 4
IOWA CITY POLICE DEPARTMENT
TRAINING BULLETIN 01-01
DATE:
TO:
FROM:
SUBJECT:
July 3rd, 2000
Commanders (Pass on to all officers)
k.hurd
WT 00-49 Harassment
This weeks watch training deals with the newly issued Harassment / Sexual
Harassment General Order 00-02. In particular, even if a conversation was
between two consenting parties, it may offend a third party who is exposed to the
words or act.
Cc: Chief Winkelhake
Capt. Harney
Capt. Widmer
Watch Training 00-49
Harassment
Scenario - After leaving squad meeting you head to your car. While walking to your car
you overhear a co-worker speaking to another co-worker in sexually explicit language,
describing in detail what he/she would like to do with the other co-worker. Both parties
separated laughing.
Critical Issues - What is harassment? Since the "receiving" party did not seem upset is
this harassment? Can a non-involved third party overhearing a conversation file a
harassment complaint? If so, whom do would they need to go to? If you knowingly
ignore the incident can you be subject disciplinary action.
Discussion - General Order 00-02 Harassment and Sexual Harassment defines sexual
harassment as ... unwelcome conduct which affects a term or condition of employment or
creates an intimidating, hostile or offensive working environment. Sexual harassment
may take the form of deliberate or repeated unsolicited verbal comments, question,
representations or physical contacts of either a sexual or non -sexual nature which are
unwelcome to the recipient. Even harassment that is not of a sexual nature, if sufficiently
pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take
the form of making or threatening to make decisions affecting an employee's job on the
basis of an acceptance or refusal of a request for sexual intimacy.
Consistent with G/O 00-02 this could constitute harassment. The fact that the parties
separated "laughing" does not indicate that the recipient was not a victim of harassment.
Because of its nature the recipient may be reluctant to voice their displeasure with the
other persons behavior. While the recipient of the comments is..."encouraged to inform
the harassing person that his/her actions are unwelcome and offensive", they are not
required to do so. The recipient may go directly to a supervisor, Chief of Police, or other
persons identified in the City of Iowa City Personnel Policies Manual.
Additionally, G/O 00-02 states that "each employee of this agency is responsible for
assisting in the prevention of harassment through the following acts ... 2. Reporting acts
of harassment to a supervisor;... While no one relishes the idea of reporting a co-
workers "misbehavior", members of this department have an obligation to report
incidents of harassment to their supervisors. The order goes and states that "failure of an
employee to carry out the above responsibilities may ... be grounds for discipline."
As for can a "non-involved" party be victim of harassment? Yes, they may file a
complaint for harassment. If the words, actions, or conduct create an atmosphere which
the employee finds offensive. It is the recipient or other person in the workpQe who
makes the determination as to if they are offended and not the person who issued the
comment or action. "I wasn't talking to them" WILL NOT suffice as justification or an;
excuse.
Ultimately you have the responsibility for your actions. If the comment or action is one
which you would not make or want made to your spouse/significant other, parent or
child, refrain from it. If the photo isn4 one that you would be proud to have your child in,
dont display it. If you have any question about a joke, photo or cartoon being demeaning
or offensive, dont forward, post or otherwise distribute it.
If you think that the words or action is something, which would put yourself or the
department in a bad light if, it came out in the media, REFRAIN.
O
--�
,J%� N
IOWA CITY POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
TRAINING BULLETIN 01-04
July 10th, 2000
Commanders (Pass on to all sworn)
k.hurd
WT 01-03
This weeks' watch training deals with the changes that came out of the last
legislative session. Sgt. Krei attended the Legislative Update and has identified
the attached sections as being of interest to law enforcement. NOTE: Before
filing under HF 2419 which deals with possession of drug paraphernalia and HF
723 dealing with animal torture, you should first consult with the county atty.
The complete house and senate files are available online. If you have any
questions contact either Sgt. Krei or myself.
Cc: Chief Winkelhake
Capt. Harney
Capt. Widmer
Watch Training 01-05
Legislative Update
Scenario - Annual Legislative Update
Critical Issues - What were the major changes that affect law enforcement?
Discussion - The following "files" have condensed to hilite the main changes of interest
in the Iowa Code, for law enforcement. The 2000 update manual is in the watch
commanders' office for your review, or they can be located online at
http://www2.legis.state.ia.us/
SF 2308 provides limited immunity to officers for honoring a foreign domestic abuse
order. When presented with an order which on its face appears legitimate, the officer
should take steps to confirm the order. If the officer is unable to confirm the order with
the originating agency, the officer should honor the order and follow up with the
originating agency when possible. This applies even when the order IS NOT on file with
the Clerk of Court. The first preference would be to file any applicable state charges.
SF 2146 a court appearance is no longer required for property damage accidents or those
involving minor injuries. Court appearances are still required for accidents where there is
a serious injury (as defined in 702.18) and fatalities. Officers may still mandate a court
appearance for other circumstances. Accident reporting requirements are not affected.
SF 2031 changes the reporting of a change of address of persons required to register
under the sex offender registry from 10 to 5 days. These changes are reported to the SO.
SF 2324 require that prior release from jail/prison, a person convicted of Murder,
attempted murder, kidnapping, sexual abuse, assault with intent to commit sexual abuse,
assault with intent, assault while participating in a felony, burglary I", must submit a
DNA sample prior to release.
SF 2330 defines low speed vehicles (top speed under 25mph) and states lists the
mandatory equipment. Of note a golf cart is not a low speed vehicle. A motorized
wheelchair is not a low speed vehicle. A low speed vehicle may not be operated in a
speed zone that is 35mph or higher.
SF 2366 adds a new section to 321.2I6C Purchase of tobacco by underage -person
Using a altered or fictitious DL or ID is a nonscheduled simple misdemeanor whfit a $100--
fine. This is to go on a traffic citation. - 1,
Section 453A.sets the penalties for possession of tobacco underage with civil penalties of; -=
$50 for first offense, $100 for second offense and $250 for a third or subsequent offense-"
It also requires that those convicted do community service. I --
:L> =
SF 2245 allows municipal police departments to follow the property disposition
guidelines set up in section 80.39 of the code instead of the more arcane statues which
referred to rafts of logs drifting on a river.
HF 2419 prohibits the possession of drug paraphernalia and specifies exceptions. READ
THIS SECTION CAREFULLY PRIOR TO FILING ANY CHARGE. IN ADDITION
THE PERSON TEACHING THIS SECTION STATED THAT THE COUNTY A77Y.
SHOULD BE CALLED PRIOR TO FILING THIS CHARGE.
HF 723 defines animal torture and specifies exceptions. Again this is a new section and
it is recommended that you read this section in its entirety and CONTACT THE COUNTY
ATTY. PRIOR TO FILING THIS CHARGE.
HF 2391 makes it a crime to remove, attempt to remove or alter a theft detection device,
with the intent to steal. In addition is illegal to Mfg., sell, distribute or attempt to
distribute a theft detection shielding device, OR possess tools with the intent to remove.
The removal of theft detection device is a simple misdemeanor if the value of the item is
$200 or less and a serious misdemeanor if the item is valued in excess of $200.
HF 2522 allows the victim of domestic abuse to use the address of a shelter, friend,
relative or a PO Box as their address when reporting domestic abuse.
HF 2511 alters the notification requirements under 123.46 regarding the notification of
juveniles. A new section was added as follows... NEW SUBSECTION. 3A. A peace officer
shall make a reasonable effort to identify a person under the age of 18 eighteen who violates this section,
and if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is
an employee shall make a reasonable attempt to notify the person's custodial parent or legal guardian of the
violation, whether or not the person is taken into custody, unless the officer has reasonable grounds to
believe that notification is not in the best interests of the person or will endanger that person. A
reasonable attempt is defined as contact by telephone or I" class mail.
HF 2170 restores the margin of error in 321J. section I subsection 10, allowing for the
prosecution of "low test" or "low" combination tests.
i
MOTOR VEHICLE LAW
RELATED
COMPENDIUM CHANGES
Section
Data Code
Offense
Fine
Surch.
Total Bond
SF 2245
321.47
60e
Transfers by operation of law
100.00
30.00
145.00 210.00
321.91
62e
Abandoning a vehicle
100.00
30.00
145.00 210.00
321.99
63d
Improper use of registration
100.00
30.00
145.00 210.00
321.115
63h
Improper use of antique plates
100.00
30.00
145.00 210.00
321.219
68c
Permitting unauthorized minor to drive
100.00
30.00
145.00 210.00
321.220
68d
Permitting unauthorized person to drive
100.00
30.00
145.00 210.00
321.234A
71c
Violation of all -terrain -vehicle regulations
100.00
30.00
145.00 210.06
321.247
77b
Unlawful golf cart operation
100.00
30.00
145.00 210.00
321.302
97
Improper overtaking on right
100.00
30.00
145.00 210.00
321.327
123a
Fail to yield to pedestrians' right of way
100.00
30.00
145.00 210.00
SF 2329
321.341
135
Failure to properly stop at railroad crossing
100.00
30.00
145.00 210.00
321.342
136
Failure to obey stop sign at railroad crossing
100.00
30.00
145.00 210.00
321.343
137
Failure to stop certain cargo or passenger vehicle
at railroad crossing
100.00
30.00
145.00 210.00
321.344
138
Unlawful movement of construction equipment
across railroad track
100.00
30.00
145.00 210.00
321.344B
139
Creating immediate safety threat at RR crossing
200.00
60.00
275.00 405.00
SF 2245
321.366
149
Improper use of controlled -access facility
100.00
30.00
145.00 210.00
321.421
179a
Violation of special restrictions on lamps
100.00
30.00
145.00 210.00
SF 2147
321.463
Maximum Gross Weight
(The four lists are combined into two with surcharge, fine total and unsecured
bond now listed.)
Single axles
-Legal Weight 20,000 lbs.
Tandem Axles with 40"
to 7 Feet Spacing -Legal Weight 34,000 lbs.
Group Axles
Data Code
Pounds Over Fine
Surch.
Total
Bond
350
up to 1,000 12.00
3.60
30.60
38.40
351
1,001 to 2,000 22.00
6.60
43.60
57.90
352
2,001 to 3,000 155.00
46.50
216.50
317.25
353
3,001 to 4,000 240.00
72.00
327.00
483.00
354
4,001 to 5,000 375.00
112.50
502.50
746.25
355
5,001 to 6,000 585.00
175.50
775.50
1,155 75
356
6,001 to 7,000 850.00
255.00
1,120.00
1,672.50
357
7,001 to 8,000 950.00
285,00
1,250.00
1,867.50
358
8,001 to 9,000 1,05000
31S.00
1380.00
2,06250
359
9,001 to 10.000 1,150.00
345.00
1,510-00
2,25750
360
10,001 to 11,000 1,300.00
390.00
1,705,00
2,55000
361
11,001 to 12,000 1,400-00
120.00
1,835.00
2,745.00
362
12,001 to 1 3.000 1,500.00
JS0.00
1,965-00
2,940 00
363
13,001 to 14,000 1,600,00
48000
2.095.00
3.1'IS .00
364
14,001 to I S,000 1,700,00
S 10 00
2,225-00
3.3 30.00
36S
1 S.001 to 10,000 1,800-00
110 00
2.35S 00
3,S2S 00
66
16,001 to 17,000 1,90000
170 00
2.485 00
3,720 00
367
17,001 to 18,000 2,000.00
600.00
2.61 S 00
C_i 3,91 S.00.
368
18,001 to 10000 2.100 00
61000
2,74S 00
= 4:l 10 Of)
t69
19,001 to _10 000 2,200 00
660 00
2,87S 00
� -r 4'tos oo
370
20,000 ? 200.00
IOe pci pound
in excess of
20,000 lhsi ---
1`
24 of 2G
0
� cr:
Gross Weighl
Data Code
Pounds
Over
Fine
Surch.
Total
Bond
371
up to
1,000
6.00
1.80
22.80
26.70
372
1,001 to
2,000
11.00
3.30
29.30
36.45
373
2,001 to
3,000
77.50
23.25
115.75
166.12
374
3,001 to
4,000
120.00
36.00
171.00
249.00
375
4,001 to
5,000
187.50
56.25
258.75
380.62
376
5,001 to
6,000
292.50
87.75
395.25
585.37
377
6,001 to
7,000
425.00
127.50
567.50
843.75
378
7,001 to
8,000
475.00
142.50
632.50
941.25
379
8,001 to
9,000
525.00
157.50
697.50
1,038.75
380
9,001 to
10,000
575.00
172.50
762.50
1,136.25
381
10,001 to
11,000
650.00
195.00
860.00
1,282.50
382
11,001 to
12,000
700.00
210.00
925.00
1,380.00
383
12,001 to
13,000
750.00
225.00
990.00
1,477.50
384
13,001 to
14,000
800.00
240.00
1,055.00
1,575.00
385
14,001 to
15,000
850.00
255.00
1,120.00
1,672.50
386
15,001 to
16,000
900.00
270.00
1,185.00
1,770.00
387
16,001 to
17,000
950.00
285.00
1,250.00
1,867.50
388
17,001 to
18,000
1,000.00
300.00
1,315.00
1,965.00
389
18,001 to
19,000
1,050.00
315.00
1,380.00
2,062.50
390
19,001 to
20,000
1,100.00
330.00
1,445.00
2,160.00
391
>20,000
2,200.00+100 per pound
in excess of
20,000 lbs.
Section
- Data Code
Offense
Fine
Surch.
Total Bond
HF 620
321 L.2A
345
(2)Misuse of wheelchair
parking cone
20.00
6.00
41.00 54.00
321 L.2A
345a
(3)lnterference with
wheelchair parking
cone
100.00
30.00
145.00 210.00
SF 2147
325A.3
235b
(5)Failure to carry/exhibit permit
50.00
15.00
80.00 112.50
SF 2366
Employee providing tobacco to minor
453A.2
524
(1) Ist offense
100.00
30.00
145.00 210.00
453A.2
524a
(1) 2nd offense
250.00
75.00
340.00 502.50
453A.2
524b
(I)3rd offense
500.00
150.00
665.00 990.00
Minor using tobacco
(civil penalty)
453A.2
525a
(2) 1" offense
50.00
------
------ 75.00
453A.2
525c
(2) 2nd offense
100.00
------
------ 150.00
453A.2
525d
(2) 3rd offense
250.00
------
------ 375.00
Delete the following:
..
00.00 . 0 002 10 ..
25 or 26
NON-SCHEDULED VIOLATIONS
PER SF 2146
Driving under suspension under sections 32 1.2 18 and 321 A.32 will be handled uniquely. Even though they are simple
misdemeanor traffic violations now, no fine or unsecured bond will be filled in on the citation. They will be treated just like
their serious and aggravated misdemeanor versions, 3211.21 and 321.561. Failure to appear should result in a warrant being
issued rather than a suspension for non-payment. It will be up to the individual courts to determine what bond they wish to
impose if any upon arrest. Otherwise the Uniform Bond Schedule published by the Iowa Judicial council would mandate
$325.00. You might wish to check with your prosecuting attomeys about asking your court to establish an appropriate bond.
All other non-scheduled simple misdemeanor traffic violations that have minimum fines written into the law now have an
unsecured bond of I '/: times the minimum fine and surcharge plus court costs ($25 because a court appearance is required).
The method of calculation is basically the same as that for schedule violations except for the higher court cost. Currently the
only section affected is 321.260, Interference or possession of traffic control devices. It is non-scheduled, so the fine,
surcharge, court costs and total are left blank. However the unsecured bond will be $512.50 [$250+$75)x 1.5j+$25.
Section Data Code Offense Fine Surch. Total Bond
321.218 Driving While Suspended, Revoked, Cancelled or Denied (simple) Non-scheduled----- ------ ------
321.561 Driving While Barred (aggravated) Non-scheduled----- ------ ------
321A.32 Driving While Suspended under Chapter 321A (simple) Non-scheduled----- ------ ------
3211.21 Driving While Revoked under Chapter 3211 (serious) Non-scheduled----- ------ ------
321.260 Interference or possession of traffic control devices
Non-scheduled----- ------ $512.50
REQUIRED APPEARANCES ON ACCIDENT CITATIONS.
Court appearances are no longer required on accident cases unless there is a serious injury or unless the investigating officer
deems it appropriate due to circumstances surrounding the accident. If required, then leave fine blank and put $155.00 in the
unsecured bond blank unless subject to one of the above situations. This does not affect accident reporting requirements.
,j
26 of 26
IOWA CITY POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
TRAINING BULLETIN 01-04
July 17th, 2000
Commanders (Pass on to all sworn)
k.hurd
WT 01-08 Turn Agreements
This weeks WT deals with turn in procedures. Primarily, when an officer decides
to allow someone to turn him or herself in, the officer should under most
instances contact the person when the warrant is issued and make arrangements
for the person to surrender. If the subject fails to appear the officer may make
arrangements to have the warrant served.
Cc: Chief Winkelhake
Capt. Harney
Capt. Widmer
Q
i _i
Watch Training 01-08
"Turn In" Agreements
Scenario - You respond to a loud stereo call. Upon your arrival you notice drug
paraphernalia. Upon speaking with the resident, he initially denies having any illegal
substances but upon further conversation and after your assurance that he will be allowed
to turn himself in at a future date, he produces a small baggie of marijuana. Later that
evening you do a presumptive test that is positive for marijuana. You then write out the
charge, warrant and purple sheet requesting that the day -watch obtain a warrant for the
person. The warrant is obtained w/o incident.
Critical Issues - What should be done once the warrant is obtained? Does the person
need to be advised that a warrant has been obtained? If so, when should the subject be
advised the warrant has been obtained? Who should advise the subject the warrant has
been obtained? What steps should be made if the subject wants to turn him/herself in?
Discussion - When an officer has agreed to let a person turn him/herself in at a future
date, to the extent practical the initial officer should honor that agreement. Once the
warrant is obtained, the original should go to communications for entry and a copy of the
warrant should be placed in the initiating officer's mailbox. Upon receiving notification
that the warrant has been issued, the initiating officer should make contact with the
subject as soon a practical, preferably on the officers next duty day.
Contact should be timely in order to ensure that the subject is not arrested on the warrant
during a non -custodial contact by another officer. While the action of this officer in
arresting the person based on the existence of the warrant would be the correct action on
his/her part; it makes it appear that the initiating officer and police department are not
operating in good faith.
Consistent with G/O 99-11, Arrests, the following procedures should be followed when
making arrangements for people to turn themselves in.
.... TURN IN PROCEDURES...
When arrangements have been made for a subject to turn him/herself in at a latter date,
the charging officer shall:
A. notify the Emergency Communications Operator (ECO) of the date and time that the
person will turn him/herself in;
B. advise the ECO f the location of the charge(s);
C. fill out an arrest report as completely as possible and leave it with the charge(s)
C
In the above scenario the ECO would have the warrant in lieu of a charge, and a -copy of
the arrest report should be left with the warrant.
If upon contacting the subject he/she refuses to surrender him/herself, or the subject fail$.
to surrender as arranged the initiating officer would be justified in makingother I
arrangements for taking the subject into custody. r`?
,' c�
In instances when the subject has contacted an attorney ref. the incident, and THE
ATTORNEY makes this known to the officer prior to the issuance of the warrant; to the
extent practical, the officer should contact the attorney when the warrant is issued and
advise him/her that a warrant has been issued, what the warrant is for and when the
subject needs to surrender to the police. Again if the subject fails to appear at the
designated time, the officer may make alternate arrangements to pick the subject up based
on the warrant.
IN A RELATED AREA...
Often time's warrants are issued for simple misdemeanors after an investigation. When a
suspect is going to be charged with a simple misdemeanor, it is preferred that the subject
be allowed to come in and sign or otherwise turn himself or herself in prior to obtaining a
warrant. Again if the subject refuses or fails to appear as agreed or if there are
circumstances which would make this attempt impractical, the obtaining of a warrant
would be appropriate.
;yam
-
--n
r\:
IOWA CITY POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
TRAINING BULLETIN 01-05
July 24th, 2000
Commanders (Pass on to all sworn)
k.hurd
WT 01-01 PCS
This week's WT deals with PCS and joint possession. In particular it deals with
the levels of proof which the officer and prosecutors need to overcome to
successfully prosecute. It also discusses steps that should be taken in order to
assist in obtaining a conviction.
This training was developed at the request of and in conjunction with the
Johnson County Attorneys Office. This was in part developed to help minimize
the number of cases that are dismissed or pled out.
Cc: Chief Winkelhake
Capt. Hamey
Capt. Widmer
Watch Training 01-01
POSSESSION OF CONTROLED SUBSTANCE
Scenario - You stop a vehicle for a traffic violation. There are two people in the vehicle.
The operator is subsequently arrested for.OWI. During a search of the vehicle you
discover a baggie containing marijuana in the console,, of the vehicle. The passenger
states that he didn't know the marijuana was there. The driver states that the marijuana is
not hers.
Critical Issues - What is possession? Whom, if anyone should be charged with PCS.
Can both of the parties be charged? What if any, are the drawbacks of charging both
parties? Is not charging an option? What, if any are the drawbacks of not charging both?
Discussion - In the above scenario the officer should consider several issues prior to
deciding who, if anyone to charge. Under Iowa law, there are three element of
possession: 1) dominion and control of the substance(s); 2) knowledge of its presence;
and 3) knowledge of its nature. The knowledge required for the second and third element
can be, and because of their subjective nature often must be inferred. Such inference may
be shown by the conduct, behavior and declarations of the accused.
Possession is actual when the substance(s) are found on the person of the accused.
Possession is constructive when the accused maintains dominion and control of the place
where the substance(s) are found. In both actual and constructive possession, that accused
must also have knowledge of its presence and knowledge of its nature. The dominion
and control can be direct or indirect. It is direct when the accused is in such close
proximity to the substance(s) as to claim immediate dominion over them. It is indirect
when the accused maintains or closely shares exclusive dominion over the premises
where the substance(s) are found. Constructive possession is not established from a mere
showing that substance(s) were found on the premises over which the accused shared
dominion and control. Proof of opportunity of access to place where substance(s) are
found will not, without more, support a finding of possession.
In the above scenario, while the passenger may have immediate access to the substance,
did the passenger have knowledge of the substance? Put another way when you are
riding in a friend's vehicle do you necessarily know what he/she has in their glove
compartment or what is under the seat?
Ref the driver, who is the car registered to? Does, he/she allow others to drive the car?
The stronger the connection between the driver and the vehicle the more likely it is that
you can make a connection between the contents of the vehicle including the contents of
a closed compartment and the driver.
Is the vehicle owned by a third party? If so, you may easily show accessibility, but can
you demonstrate "knowledge". Again, if you have ever driven a friend's vehicle, do you —
necessarily know of all the contents of the vehicle? Is there drug paraphernalia' plainly
visible in the vehicle? Its presence and your documentation of its presence strengths the
contention that the operator and/or passenger had "knowledge".
In the above scenario, you may develop PC to charge one or both of the parties with PCS.
When deciding to charge, officers need to think beyond the immediate "arrest" phase and
determine if the existence will support the states ultimate burden of proof 'Beyond a
Reasonable Doubt" (BRD). While you may have the PC for the arrest w/o the evidence
to support a finding of BRD the sate cannot successfully prosecute. If while developing
PC you are unsure if you can convince a jury BRD, you may wish to reconsider charging
the subject(s). If you have doubt, consider contacting a watch supervisor or the county
atty. prior to charging the subject(s). You have the option of seizing the drug and
charging at a future date. If you are unsure if you can prove possession and you cut the
subject(s) loose; they are likely to go away with thinking they got break.
If you decide to charge the subject(s) with PCS your reports and follow-up investigation
is critical. Conduct follow-up interviews, interviewing all suspects/witnesses separately.
Document all statements. When possible the baggie/containers/paraphernalia should be
submitted for printing. Note the presence of any paraphernalia in the vehicle. If a third
party owns the car did you interview them? Who else had access to the vehicle?
While officers may reach the required level of PC, the prosecutor has a higher level of
proof. While we only need to reach the level of PC to arrest, it is also part of our job to
assist in the successful prosecution of the case. When we leave the case at the level of
PC, it causes the prosecutor to go forward with a weak or incomplete case. This often
results in dismissal or acquittal.
IOWA CITY POLICE DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
TRAINING BULLETIN 01-06
July 31st, 2000
Commanders (Pass on to all sworn)
k.hurd
WT 01-06 Pursuit Considerations
This week's WT deals with pursuits, primarily what an officer needs to consider
prior to initiating a pursuit, specifically the criteria identified in G/0 99-01 Police
Vehicle Pursuits.
Cc: Chief Winkelhake
Capt. Harney
Capt. Widmer
Watch Training 01-06
Pursuit Considerations
Scenario - It is 15:10 on a Wed. afternoon in mid September and you respond to a gas
drive off at I" and Lower Muscatine. You get a vehicle description but the only physical
description is a w/m in his middle teens. While enroute, the suspect vehicle pulls out in
front of you. You immediately turn on your top lights. The suspect vehicle immediately
accelerates and starts moving in and out of traffic. The vehicle then turns NB from Hwy
6 onto I" Ave. Upon making the turn the vehicle then again accelerates. '
Critical Issues - Can I pursue? What criteria do I need to consider before instituting the
pursuit? If I pursue, what criteria do I need to consider?
Discussion - General Order 99-01, Police Vehicle Pursuits, requires that officers consider
the following prior to instituting a pursuit.
1. Time of day - pursuits occurring when there is a high level of activity are more
hazardous than those when there is low levels of activity. [You would be approaching
a school would be in the process of dismissing and adding a great deal of youthful
pedestrian traffic and vehicle traffic in the form of parents.]
2. In this case there are a significant number of businesses in the area that would likely
cause the area to have moderate to heavy traffic in addition to the school traffic at this
time of day.
3. Location of Pursuit - again you would be going through a school zone during a peak
activity period.
4. Weather conditions
5. Road conditions
6. Speed Involved - how fast is the suspect vehicle going? How fast are you going?
7. Nature of offense. You are less justified in pursuing a subject for a misdemeanor than
you would be for a forcible felony.
8. Condition of your vehicle. Did you inspect it at the beginning of your watch?
9. Driving skills of the offender - in this case the subject was described as in his mid -
teens. The logical presumption would be of a lessened driving skill on his part.
10. Can the offender be identified and apprehended after the fact. In this case you would
probably have the plate # to follow up with and witness to possibly identify the
suspect.
Based on the Pursuit Matrix this would be a high -risk pursuit and pursuit SHOULD NOT
BE INSTITUTED. If as the initiating officer you initially followed your natural reaction
and instituted a pursuit, you should immediately discontinue. Bottom line, pursuits are
not authorized for minor infractions. -
Before engaging in a pursuit, you should ask yourself; "Is the person a threat to public..
safety other than the fact that the police are chasing him/her?"
IT IS ESTIMATED THAT APPROX. 1/3 OF ALL PURSUITS END UP IN A:CgASR--
OF EITHER THE SUPSECT OR PATROL VEHICLE. (NU STAT) " N