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HomeMy WebLinkAbout10-10-2000 ICPD Reports/MemosICPD TRAINING F11 JE- D 3 QC. -2 I'r 12: 32 DATE: October 1st, 2000 TO: Chief Winkelhake From: K.Hurd REF: Sept. Training Report Police Liability 09/05/00 8 Hours Officers Dreckman, Huff, Platz MTTU IV Training in the area of police liability. Identified "high risk" areas, and methods of minimizing the likelihood of having a situation result in liability to the officer and department. Search and Seizure 09/06/00 8 Hours Officers Kivi and Hansen MTTU IV Training in the laws of Search and Seizure. Detailed when a subject has been "legally" seized, and guidelines for conducting searches. Included recent Supreme Court update. Detectives Seminar 09/07/00 8 Hours MTTU IV Officers Steva, Clarahan, Bok Training in legal requirements pertaining to interviews and interrogations of subjects. Included information on when various rights/requirements "kick in". Children of Domestic Abuse 09/08/00 8 Hours Ames Officer Bok Fn Training related to the needs of children who have been the victims of, or are in' fa--i ies where domestic abuse has occurred. %" ' C'�: i - 2 ✓'f i I%: 3 z Law Enforcement Executive Conference CIi`' 09/11-13/00'WVA 24 Hours Washington DC Chief Winkelhake Training in new trends and issues relating to the administration and management of police agencies. Physical Training Instructor Training 09/11-13/00 24 Hours ILEA Officer Platz Training for a department fitness coordinator to assist in the development and evaluation of fitness programs for departmental members. Media Relations 09/11-12/00 16 Hours Sgts. Brotherton, Heick, Krei MTTU IV Training in dealing/interacting with the media. How to effectively work with the media and identification of information which is public information and information which may not be released. Child Protection Seminar 09/14-15/00 16 Hours Officers Clarahan and Bok MTTU IV Training in the interdisciplinary method of identification and investigation of child abuse/neglect cases. Racial Profiling 09/17-19/00 24 Hours Chief Winkelhake Chicago FILED Training in issues related to racial profiling and implementationrpff re tol� and/or identify racial profiling. /"�`V pGedraS� Crisis Negotiations 09/18-22/00 40 Hours Kansas City Sgt. Lalla Advanced techniques for dealing with barricade subjects and others involved in crisis type situation. Vehicle Dynamics 09/18-22/00 48 Hours MTTU IV Officers Sammons and Nixon Advanced training in the area of accident investigation. Primarily dealt with the actions/movement of vehicles during an accident. SRT Range training 08/22-23/00 8 Hours 17 SRT members Training in firearm techniques and handgun qualification. SRT Situational Training 08/22-23/00 8 Hours 17 SRT members Worked on hostage rescue techniques and worked on search techniques in low/no light. FATS Ongoing during the month .25 hours 15 sworn Training in decision making scenarios and the use of force. Watch Training #s 01-14 Citations/Charges 01-15 Notarization of Charges 01-13 Low Ready Position 01-16 Draine vs. Waterloo Copy: City Manager Captain Widmer PCRB FILED H-19 O"T - 2 Pil 12: 3 3 Cl i : ' '_LFIIC 10WA ;I (`'r; i0AIA M M ra i n i n , Crime Scene Searches Robert Kramer Police Division 220 Clay Street Cedar Falls, IA 50613 CRIME SCENE SEARCHES The procedures used in the search of the scene of the crime or accident are determined by the need to evaluate three basic factors concerning evidence: What evidence can be recovered which will aid in determining what happened and that may further identify the suspect/s? How can evidence best be preserved so that it is not lost, altered, or contaminated? How can the identification, collection, and preservation of the evidence best be recorded so that it remains admissible in court? Preliminary Actions The situation encountered by the law enforcement officer at the scene of an investigation will often require that certain steps be taken before a search for evidence begin. Stabilize the Situation If the action is "in progress", or if people at the scene are injured or hysterical, the responding officer may have to administer first aid, make an arrest, or take other steps to bring the situation under control. This is most important! Without ultimate control of the scene, personnel may be ineffective in the investigation and subsequent search for evidence. Additional assistance may be necessary. Personnel should not overextend their ability to control the situation. If INSIDE THIS ISSUE Crime Scene Searches Police Citizen Contacts 4 Verbal Judo Review continued on page 2 Police Citizen Contacts Adapted from IACP paper Police -Citizen Contacts Police Citizen Contacts Police contacts with citizens do that do not involve interrogation or arrest are sometimes referred to as consensual contacts. This type of police contact is extremely important but one that is sometimes misunderstood or improperly used. Police - citizen contacts may be defined as "Actions by an officer that place him/her in face-to-face communication with a citizen for purposes of asking questions or gathering information of an official nature, where there is no reasonable suspicion to believe that the citizen has committed, is committing or is about to commit a crime." If conducted properly, police -citizen contacts can encourage citizen cooperation and may produce useful information. Citizen contacts must be distinguished from "Terry Stops". When making an "Terry Stop", the officer has a reasonable suspicion that the individual being stopped is engaged in criminal activity. Where such reasonable suspicion exists, the officer has authority to detain the individual for questioning and IF there are grounds to believe the person is armed, to frisk the individual for weapons. By contrast, even when there is no reasonable suspicion, an officer may approach anyone and ask questions of that person provided that the contact is voluntary or consensual. This simply means that the person has no objection to speaking with the officer and the subject is free to leave. There following are some limits on consensual encounters. 1. An officer may not use coercion of any type to initiate or carry out a consensual contact. Officers may not use the threat of arrest to obtain information when conducting a consensual contact. 2. By it's nature, a citizen has the right to refuse to engage in a consensual encounter or to answer questions asked by the officer. 3. One of the primary distinctions between a consensual contact and a Terry Stop is the freedom of action of the citizen. They are free too leave when there are no reasonable grounds to believe they have not engaged in criminal behavior. continued on page 3 training 1 continued Imm page t assistance is on the way, specific assignments should be given to the responding unit(s) while emoute in order to avoid confusion and unintentional intrusion into the area. If it is necessary to open a lane for traffic, whether for pedestrians or vehicles - search it first. Ignoring this step may result in missed or otherwise ignored evidence. Clear the area of everyone not actively involved in the investigation. Erect a barrier, place cones, and take other measures necessary to avoid contamination of the scene. Be aware of the surrounding area, as evidence may be located some distance from the scene. Burglars often discard tools in flight. Protect all areas in which you feel evidence may be located. Preliminary Records Obtain the names and addresses of everyone at the scene as soon as possible. Witnesses should be separated in order to minimize the potential that they may influence one another's observations. Briefly interview those present to gain a general idea of what they may have observed. In the event a potential witness refuses to produce identification, or the officer believes the person may take flight, steps should be taken to taken to determine if the person may be lawfully detained. When applicable, record the descriptions and license numbers of motor vehicles passing through the area. Take overall photos of the scene as soon as possible before anything is added, altered or removed from the area. It is essential that these photos show as close as possible the scene as it was at the onset of the investigation. It is further advised that witnesses, onlookers, and law enforcement personnel remain clear while these photos are being taken. Do not however forget that it is sometimes advisable to photograph onlookers at the scene. (It is a proven fact that arson suspects often stay in the area to view fire fighting efforts and the resulting damage.) Make a basic sketch of the scene. It will then be possible to record the location of evidence as it is being seized. Graph paper with one -quarter inch squares is ideal for this purpose. Planning the Search The search of the scene must be methodical in order to minimize the chance of overlooking potential evidence. This requires a plan. The planning done in the field takes little time, but it requires knowledge of what is likely to be found and how to search for it. Many of the better crime scene investigators have a pre -designed checklist at their disposal to aid them in remembering necessary steps that need to be taken. Often, events at a scene are going on simultaneously and rapidly - thus increasing the chance of overlooking something important. Slow down! Evidence recovered at the scene will generally vary in the type and location found from incident to incident. Evidence recovered at a safe burglary will differ from that recovered at the scene of a hit and run fatality. While at the scene, officers should ask themselves these questions: What happened? How did the scene get to be as it is now? What looks out of place? Is there evidence that may help identify the perpetrator? By answering these questions, the investigator may develop a tentative idea about what happened. The scene which appears to be a suicide jbyittitjak pervations may in fact be a homicide - or accide I tin II ort should be made to reconstruct a probable order of events that may have lead up to the incident.,,:3vIey jcdrrinjla similar general sequence when comr mttmg a crime: They first approach the scene in a vehicle o��M� foot. They-epter the immediate area. The crime is comtr6i6d.,-The -T60e the immediate area. Finally, th4Q�,':1flee `.. khe`I A general area. Impact and Exchange An investigator is most likely to find useful evidence when he or she has some idea of what they are looking for and how they may best preserve the evidence. The physical characteristics of the location of the incident are altered by a process of impact and exchange. The burglar impacts the crime scene by breaking glass at the point of entry. Exchange occurs when fingerprints are left behind on pieces of the glass which are removed from the window frame. Exchange may also occur when fragmented glass is embedded on the suspects clothing. The evidence of this impact and exchange is the best possible. It not only places the criminal at the scene, but it connects the criminal to the incident itself. The Search Organization is the key to a successful search - to a search that recovers all the evidence to be found at the scene. In order to ensure a thorough search, a well -organized pattern should be followed. A number of search patterns have proven to be successful, and three of them are identified as follows. Zone Method. This type of search is most often used in small areas, such as houses or apartments which lend themselves to be divided into specific areas, such as rooms, stairways, and corridors. Each zone can be sub -divided into sub -zones, such as floors, ceilings, or closets. Strip Method. This approach is particularly useful in searching a large area. The scene is divided into parallel strips and a searcher is assigned to each strip. The method is useful in searching the scenes of motor vehicle accidents where the scene is often narrow, yet spread out over several hundred feet. Grid Method. This search also is useful at larger crime scenes. The method incorporates two overlying strips, which divide the scene into a grid. An open field would be a good example of an area suitable for a grid search. Be methodical. By sticking to any search pattern, there is less likely a chance that an area will be skipped. Once an area is searched, it is always advisable to have it searched again by another investigator. An effort should be made to be particularly aware of trace evidence. Small items such as fingerprints, hairs, fibers, and blood are often overlooked or destroyed, yet they are often the best evidence. The investigators should be constantly aware of evidence which could change what was an initial theory regarding the incident. training 2 The following is a review of the steps officer use in Verbal Judo. It is recommended that officers adopt these steps when dealing with the public, in particular the "Tactical 8 Step" for traffic stops. 5 Step "Hard Style" 1. Ask (don't demand) 2. Set the context (this is your legal foundation and it's respectful because it answers the "why" question. 3. Present options -helps the person see the positive over the negative ("if a man has something to gain or lose have something to use") 4. Confirm- "Sir/Ma'am, is there anything I could say to earn your cooperation at this time? I'd like to think there is" 5. ACT- Arrest, control, transport By the end of this, people will have demonstrated on 4 occasions, that they are non -compliant, and that they elected to allow words to fail! Tactical 8 Steps 1. Greeting 2. Identify Self/Department 3. Explain reason for stop. 4. Ask for any justified reason for action. 5.Request Driver's license 6. Ask about location of Reg./Insurance-inquire as to whether there is anything in those locations you should know about. -Request those documents. 7. Decision- cite or warn 8. Close (Remember, if you cite, don't close with "have a nice day"- people may feel this is insincere, i.e., people may see a smirk when one doesn't exist This and That C_ 1 �� Accreditation Update i". ,: This month generator "r 0697, Poliee 6y4st (green) and 00-06, Special Purpose Vehicles (black) were issued. Of note, the CiOist,order `req'jjres bike officers to wear a helmet dTtd,ipr4tegtiVe lejftar when on patrol. Additionally they are exempted from having to carry body armor with them on the bike should they elect not to wear it. The Special Purpose Vehicles order identifies those vehicles in the department, which are not generally used by the patrol or investigations sections on a routine basis, and requirements for the operation of the special purpose vehicles. All bike officers need to be familiar with the Police Cyclist order. PCS Update - In July the County Atty provided information for the bulletin and WT ref. constructive and actual possession. This has been hilited in the Sept. Narcotics law update which includes a synopsis of Alabama v Fitkin. Briefly, Fitkin borrowed a pickup and was stopped for a traffic violation. He consented to a search and a partially consumed joint was found in the closed ashtray. The pickup was regularly loaned to other people. Officers stated the joint was cold and there was no odor of marijuana. There was nothing to directly connect him with the joint. Fitkin was initially convicted of PCS but the decision was overturned because "The mere presence of a joint in the ashtray of a truck belonging to someone else, which the owner had allowed several people to use, should not in and of itself establish the intent to possess." VEHICLE PURSUITS CLAIM NUMEROUS LIVES - From Caliber Press Some statisticians estimate that there are 100,000 police pursuits in the US each year. In 1999 25 police officers were killed in the line -of -duty, while engaged in vehicle pursuits. In the last 5 years more than 1,800 people, (officers and civilians) have been killed as a result of police pursuits. One-fourth were "innocent"/non- involved parties. ALCOHOL and CRIME - Private research think tanks including the Bureau of Justice Statistics, the National Institute of Justice, the Center for Substance Abuse Prevention, the Urban Institute, and the Pacific Institute for Research and Evaluation, researchers examined the role of alcohol in violence and crime. The research findings were alarming. Nearly 50 percent of America's incarcerated population was under the influence of alcohol at the time of their offense. Alcohol is a factor in nearly 80 percent of all domestic violence cases with offenders, victims, or both under the influence. In approximately 40 percent of all sexual assaults alcohol was a contributing factor. Thirty-five percent of all traffic fatalities are related to alcohol. These represent only a few of the statistical realities confronting communities. REMINDER: G/O 99-01 Police Vehicle Pursuits, requires that in addition in addition to a narrative relative to a pursuit, a pursuit is considered a use of force and a Use of Force report is required. The optimist sees opportunity in every danger; the pessimist sees danger in every opportunity. -- Winston Churchill training 4 Protecting the Evidence When evidence is located, it is often advisable to first call attention to it for documentation purposes prior to its seizure. This documentation is necessary due to the highly fragile nature of some evidence. Evidence can be fragile due to one or more of the following: passing time, exposure to the elements, improper handling, and movement. In some instances at which fragile evidence is encountered it may be necessary to take control of the evidence immediately. The otherwise orderly search pattern may have to be temporarily abandoned in order to document and seize evidence which could be effected by any one of the factors described as making evidence fragile. (see above) A footwear impression in a highly traveled area may have to be photographed or cast. Skid marks at an accident scene may have to be measured and documented. In special instances such as these, it is essential that the evidence be given special attention with immediate documentation and seizure. Documenting the Evidence When an item of evidence is to be marked on a basic sketch being prepared by the investigator, it's exact location can be indicated by showing the distance of it from two fixed points. In lieu of drawing the item, the evidence can be placed by assigning it a letter or number and listing it in a table or legend elsewhere on the sketch. When evidence is located, it is important to immediately record the find. Varying agency policies or the seriousness of the offense may dictate that the documentation of the evidence be witnessed by a second investigator. One advantage to having a witness is that future courtroom testimony may be possible by one of the investigators in the absence of the other. Most agencies have a system of numbering evidence in order to keep a record or sequence of findings. It is best to assign numbers to the evidence while at the scene to avoid later confusion when all the evidence has been collected and transported to the holding facility. In addition to assigning evidence numbers, it is further advisable to prepare a complete inventory of all evidence seized during the investigation. Copies of this inventory should be available to the agencies evidence custodian and case file, and to the prosecuting attorney. Marking and Packaging All evidence should be marked by the seizing investigator by placing identifying markings such as date and time of seizure, the location found, or the officers initials on the item. This should of course be done only when it can be accomplished without endangering future examinations by an evidence examiner if and when it is necessary. More often the packaging in which the evidence is placed can be marked with this information and then sealed with tamper proof evidence tape. Package and label each item separately. Label each package clearly, even when the item itself is marked. This then makes identifying the evidence possible without opening the packaging. Items of evidence vary greatly so a variety of boxes, bags, or bottles may be used. When packaged, the evidence should be protected from b e—AL¢g� f her unnecessary damage. The following are a fe-sitgges ions for packaging types of evidence: Blood stained clothing should be AIR DRIED (without theiiiSejq'hair-yeoj^fa� It should then be packaged in paper bags, or packaging paper, (not plastic). Cardboard boxe -,day also,_boppused. Glass containing possible foot ark'119'$ Zb . A ���Prints should be air dried when ii ible; then piace3 in an appropriate container such as a cardboard box. If possible, separate the individual pieces with layers of paper to avoid cross - contamination. Hairs, fibers, and other trace evidence should be placed in a pharmaceutical fold and sealed with evidence tape to prevent leakage. As noted above, paper bags are preferred over plastic because they "breathe" and do not promote the growth of micro-organisms which can render blood and other types of biological evidence useless. Chain of Custody The prosecutor must be able to prove that any item offered as an exhibit is in fact the object found at the scene or during it's subsequent investigation. This requires a complete record of the chain of custody from the time of it's seizure, showing the identity of all persons having possession of the evidence at any given time. Evidence sent to another agency for examination should be done so by registered mail, so a record of whom the evidence was received by can be produced. Pitfalls of Crime Scene Searches Damage done by Police Officers Accepting the scene at face value and jumping to conclusions Ignoring the obvious Disregarding evidence which seem unrelated Failing to collect all of the evidence Reassessment of the Scene Once the scene has been abandoned it becomes history and there is little or no opportunity to regain what may have been overlooked. The investigator should take the time to reflect on the activities taking place while at the scene. Questions to ask as the investigation progresses should include: - Does all of the evidence fit the theory developed by the trained investigators present? - Was there evidence which was expected to be found, but wasn't? - Was unexpected evidence encountered? If any of these questions raise an uncertainty in the mind of the investigator, a false assumption may have been made, or the scene may have been improperly processed. Try to resolve conflicts about the findings while still at the scene where the search can be continued if the need arises. training 5 ti FILED :1D0; —2 Fs112:21s !ObN/% C!T`I' 10WA IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01 -17 DATE: Sept. 4th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: Citations/Charges This weeks' watch training details problems which have been identified by the Clerk of Court's office. In order to minimize the number of citations that are returned or dismissed due to errors on the citation/charge, officers need to review their citation/charge prior to submission and ensure that the information is correct, legible and consistent. Charges with errors or inconsistent information, i.e. description and code section do not match, will be returned for amendment (this MUST be done through the prosecutor, including changing a court date). Cites or charges with illegible information will be returned for clarification. Note: these are errors on our end and not "nit-picking" on the part of the clerk's office. It is their responsibility to see that things get filed, scheduled and resolutions recorded. They do not have the time or personnel to contact individual officers for clarification on cites/charges. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer Watch Training 01-14 F 91 F O Citations/Charges Scenario - You are walking on the plaza and cite several people fo single violatilons; and several people with multiple charges. Critical Issues -What do you need to do to ensure that the charge is correctly f with the Clerk of Courts office? What are the consequences of not correctly filling out a citation or charge? Who do I need to contact to amend a charge? Discussion -Attached are some recommendations, caveats, suggestions... from the Johnson County Clerk of Court office. The majority of the problems are from carelessness (i.e. putting down the wrong charge or code section) and illegible handwriting. Also available are examples of the various problems. Also some code sections, i.e. 123.46 which we commonly cite for, public intox. also refers to consuming in public. If you are citing for the consuming in public section or a "less common" violation in a code section this needs to be made clear on the written description section of the citation. Also any applicable subsections need to be included on the charge. I.e. instead of citing 321.216 for Unlawful Use of DL are more reflective cite would be 321.216B with the description of Unlawful use of DL to purchase alcohol. If you are unsure as to the fine amount, check in your compendium or with another officer. The Clerk's office has had some difficulty entering some traffic and simple misdemeanor complaints. Problems they have experienced include: I. Tickets not being timely filed and dismissed by the magistrate. Original tickets filed with a court date that has clearly changed at some point and is different than the defendant's copy. When the defendant appears at his/her scheduled court date and the original ticket is not on file, the magistrate dismisses the violation. 2. Insurance Tickets - Not specifying whether or not an accident was involved. Keep in mind that if the ticket was non -accident related, the scheduled fine is $250.00 + $75.00 surcharge + $15.00 court costs = $340.00. If the ticket is accident related, the scheduled fine is $500.00 + $ I50.00 surcharge + $15.00 court costs = $665.00. Not only is there a difference in the fine amount but in cases where there was an accident, a copy of the citation showing no insurance can be admitted in related civil litigation. 3. The charge code must match the violation written. If the code section and written charge don't match, how is the Clerk and/or Court to know what charge you are alleging? Depending on who is looking at the charge they may go by the code section provided or the written description. 4. Amendments - If a charge is amended in any way after the defengitt n been given his/her copy, you must contact the prosecuting attorney. You cannot call the Clerk of Court and have the ticket amended. If is not ae2epil40jgpt} you to stop at the Clerk's office and physically amend the ticket yourself. Amendments must go through the prosecuting attorney soGliatAfte deeWdant is properly notified. !Ovti� . 5. Serious Misdemeanor and above violations must be properly filed. Complaints must not be mailed to the Clerk of Court where the defendant has signed a Promise to Appear. Remember the defendant needs to go through booking procedures at the Sheriff's Department. 6. Write legibly - be consistent. Please help take the "guess work" out of what has been written. If a charge is not legible it may be returned for clarification before being entered into the system at the Clerk's office. 7. Do not put more than one charge on a ticket or complaint. If multiple charges are issued, use multiple tickets/complaints. (this applies to simples) 8. Frequently they find that what is written on the ticket does not match the scheduled fine, surcharge and/or costs. Accuracy is important. If a ticket lists a lesser fine, and the magistrate imposes the scheduled fine, the defendant becomes irate and wonders "Why did the officer tell me I only had to pay $20 fine and now you tell me it is $50.00 or the fine is non-scheduled and the ticket shows $20.00 and the magistrate imposes a $250.00 fine. Please be accurate. If the fine is non-scheduled leave the fine amount sections blank. 9. Note the Compendium for scheduled fines. Be aware the Speeding in a zone of 55mph or less and Speeding 55 mph or greater are DIFFERENT scheduled fines. The following are necessary for the Clerk to manually enter tickets/citations in to the record: 1. Legible writing 2. Use the full name of the defendant, first, middle, last. It is helpful to the Clerk's office to have the middle name should a warrant be issued. 3. Proper Code section 4. Violation written matches code section 5. Scheduled fines match the code and violation used 6. One violation per ticket/complaint, make sure all information is consistent 7. Non-scheduled violations should be court -appearance required 8. Timely filing of tickets/complaints 9. Amendments must go through the prosecuting attorney not the Clerk of Court. 10.Incident forms must be submitted w/complaint for Domestic Abuse, harassment and Stalking charges. Can leave incident report form with the sheriffs office when the defendant is taken to jail. If obtaining an Arrest Warrant remember to file the form with the complaint and warrant at the Clerk's office. Without protected party information, the Clerk cannot enter the no -contact order onto the Domestic Abuse Registry. 11. It is requested that court dates be set three weeks from the date of issuance. This will allow for a timely filing and recording of all charges. It will also allow time for any necessary amendments. It is recognized that towards the end of the school year and under certain circumstances that this may not be possible, but to the extent possible use a three-week out date, 12. On football weekends, when you write someone in for the next morning, they MUST be told that court will be held at the jail AND you must get the charge/citation to the JAIL by 07:00 so the magistrate will have it available when the person appears. (Yes this is an exception to 11) 13. When citing someone ASK for a current address, do not assume the address on a DL D is correct. 14. When citing someone, who does not have ID, confirm their identity to the extent possible and have them spell their name and then request they verify the spelling. It may be prudent to note that the person did not have an ID and that you confirmed spelling 2x on the charge. Perhaps putting no ID and 2x behind their name. (if the person is already in our records system or the Clerk's system under a different spelling this may be entered as an AKA and this "flag" will let records know the officer verified the information and may keep him/her from getting a return) A misspelled name requires a ticket be amended. Instead of automatically dismissing charges/citations with errors, the Clerk's Office will usually return a copy of the charge/cite to the Chief's office for redistribution to the correct watch commander. The officer needs to make the amendment through the prosecutor as soon as possible after being notified of the error. If the error is "minor" in nature the clerk's office may enter the charge in to their system but it will not be scheduled or resolved/payment filed until the amendments are completed. Illegible charges or those containing errors that could adversely impact the defendant may be returned un-entered or dismissed. The majority of the charges are being returned for correction due to carelessness on our part. Taking an additional 30 seconds to verify the information on your ticket/charge will probably save records, the clerk's office, the magistrates, the Chief, your WC and yourself some time and effort. Developed at the request of and in cooperation with the Clerk of Courts office. ' -- IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 01 -18 Sept. 8th, 2000 Commanders (All Sworn) k.hurd Notarization of Uniform Citations This weeks' watch training addresses yesterdays Iowa Supreme Court decision Cedar Rapids v Atsinger III. Effective immediately uniform citations will need to be notarized. We are re -implementing the procedures used up to several years ago where the officer must bring the cites' to the PD and swear as to there correctness in front of a notary. The supervisor will stamp, sign and "seal" the back of the 1 st page of the citation prior to submitting it to records. As the "indictable and simple" forms are already notarized, this applies to all charges which are put on the Uniform Citations. The complete CR v Atsinger decision is available in the Training office or can be found by typing in Iowa Supreme Court and going to the recent decisions section. Cc: Chief Winkelhake Capt. Hamey Capt. Widmer l_l c„ ice. M Watch Training 01-15- Notarization of Charges Scenario - You stop someone for speeding and decide to cite them. Upon providing them their copies of the citation you submit the two "clerks" copies to the WC basket or the watch file. Critical Issues - Through 1995 we required that officers sign the back of the clerk's copy (original) in front of a notary, swearing that the information on the citation was to the best of the officer's knowledge, "True and Correct". With a change of procedure adopted by the state in 1995 this practice was stopped. In Oct. 1997 an Edward Atsinger III war stopped for speeding by the Cedar Rapids PD. The officers, consistent with the existing practice did not sign the affirmation section on the back of the citation.. Atsinger challenged on the basis that this was a violation of the Iowa Constitution Article I section 11 which states: All offenses less than felony and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right to appeal. On Sept. 7d' 2000, the Iowa Supreme Court released it's decision regarding Atsinger's appeal. It overturned the conviction, agreeing with Atsinger that the failure to affirm under oath was a violation of the Iowa Constitution. Discussion - Effective immediately we are revising our procedure regarding the submission of citations. The procedure will be as follows: Prior to the end of their watch officers must bring all citations to the PD. The officer will be required to swear in front of a notary (Sgt, Id., some communications personnel) that the information on the citation is "True and Correct" to the best of the officer's knowledge. The notary will affix this stamp, Subscribed and sworn to before approx. 1/3 of the way up the back of -ze on this^day the original of the ticket. The officer will sign immediately above the stamp. The notary will then fill in the date on the stamp and affix their seal over the top of the signature and stamp. This procedure may change with the further guidance of the City and County Attorney's office. COMPLAINT Ll O.O ❑ S-CAR IOWA UNIFORM CITATION AND COMPLAIN IOWA CITY POLICE DEPARTMENT PLAINTIFF: - ❑ State of Iowa JOHNSON 1 C ❑ County of: No.: 0 city of: IOWA CITY In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY Na 11 VS. NAME: Defendant, Last First Middle Address City State Zip SSlDL# State Co. # DL Class DL End DL Rest. DOB / / Race Sex Hi.-Wt. The undersigned states that on or about % a[ ❑ AM O PM defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CMV 0 Yes ❑ No HazMat Plac, Req. 0 Yes 0 No US DOT# Reg. # -Slate-Yew- Upon a public highway at Located in the county and state aforesaid and did then and there commit the following offense: F_____1 ❑Traffic ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑Parks Do Not Write In This Space ❑Scheduled Vio/Fine $ ❑Road Construction Zone ❑ Non -Scheduled Violation Surcharge $ OCourt Appearance Required (805.10) Reason: Court Costs $ ❑Pd. ❑P.D.($1000) Accident ❑Fatal Accident Total Fine/Costs $ ❑Civil Damage Assessment Violation Speed In Zone -Sec. # t de DATA CODE Fed/Adm. Code Local Ord. I certify under penalry of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated ! 1 Mo. Day Yr. Officer's Signature ID No. Court Date: If you must appear in court or if you choose to appear to answer a charge which does not require an appearance, report to the above named court on: I % at _ 0 AM ❑ PM Mo. Day Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plen of guilty, but acknowledges all of the following: I, I hereby swear and nifimr that the Information provided by me oa this citation is true under penalty of providing false information. 2 I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: 3. ]hereby give my unsecured appearance bond in fire amount of dollars and enter my written appearance. I agree that if 1 fail to appear in person or by counsel to defend against the offense charged in this citation. the count is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. Signature of Defendant IOWA CITY POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: TRAINING BULLETIN 01-19 Sept. 18th, 2000 Commanders (All Sworn) k.hurd Low Ready or Uniform Cover Position This weeks' watch training addresses finger/firearm positioning. Le. where should you have your finger when your gun is drawn? The accompanying video explains the position and demonstrates what can happen when this is overlooked. Please rewind the video for the next watch. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-13 Uniform Cover Position Scenario - It is 02:30 and respond to a business ref. an alarm. Upon your arrival you find a forced door. Upon following notification procedures in G/O 99-02 Alarm / Open Door Response a decision is made to search the building. You decide to draw your weapon. Critical Issues - What position should your gun be in? Where should your finger be in relation to the trigger? Discussion - When conducting a building search your gun should be in the 'low ready position". This will keep the weapon readily accessible but allows you to freely scan/view threat areas. When the gun is brought up to eye level you will tend to focus only on the area directly down the barrel. Your finger must be kept outside the trigger guard. This will minimize the likelihood of an accidental discharge should you stumble, become startled, or otherwise accidentally pull your trigger finger. The associated video discusses when it is appropriate to place your finger in the trigger guard and dramatically demonstrates what can happen when the finger is on the trigger. This is not intended to discuss whether the involved officer should have had the finger on the trigger in the situation presented. c IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN Ol -20 DATE: TO: FROM: SUBJECT: Sept. 25th, 2000 Commanders (All Sworn) k.hurd Draine vs. Waterloo This weeks' watch training deals with Terry Stops and the detention of persons based on the stop and the detention of subjects prior to the execution of a search warrant. In particular it hilites an Iowa Court of Appeals case, Draine vs. Waterloo which was decided this summer. The entire Draine decision is available in the training office. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-16 Draine vs. Waterloo ---- Scenario - An officer conducts a Terry stop of a vehicle and occupants wh6b8ve jusdefG a motel where drug transactions are suspected. A consent search Oef64chicted aid -,"risk nothing is located. The occupants of the vehicle are transported to the PD while officers obtain a warrant to search the motel room. Occupants are not allowed to leave the PD until after the warrant is executed. Critical Issues - When is a Terry stop justified? How long may a Terry stop last? May subjects be detained at the PD or elsewhere while officers obtain a search warrant for another location. Can a Terry stop (based on reasonable/articulable suspicion) become an arrest even if not intended by the officer? Discussion - Draine vs. Waterloo, the Iowa Court of Appeals deals with these issues. This was a fourth amendment case that protects people from unreasonable search and seizure. When stopping a person for a Terry stop officers are in fact seizing a person based on Reasonable Suspicion. This is less than the Probable Cause required for officers to arrest someone. However; when conducting a Terry stop officers MUST have an articulable suspicion that the person is or has been engaged in criminal activity. These stops may only be of brief duration. "If the stop is valid, the officer must still take steps calculated to quickly dispel or confirm the suspicion. If the officer's suspicions are dispelled, the detainee must be released." While there is not a definitive time limit, once a Terry stop edges past the 15-20 minute period this is probably pushing the outer edge of acceptability. In the above case/scenario, the subject consented to a search of the vehicle. Officers did not find any evidence of criminal activity. Once the search was completed and there was no further reason for the officer to detain the subject. In this case the officer asked the subject to come to the PD and states that the subjects agreed to the request. He then secured their vehicle and transported them to the PD. As indicated in previous Training Bulletins and WT, once an officer "restrains persons in a significant way" the "line" between a detention and an arrest is being crossed. The 61h Circuit court in Centanni v. Eight Unknown Officers, states...'prolonged detention was not one of the "narrowly defined intrusions' contemplated by Terry as there is NO SUCH THING as a Terry 'transportation"' ALL ARRESTS MUST BE BASED ON PROBABLE CAUSE. In the above, once they arrived at the PD the subjects were held for several hours. When the parent of one of the persons came to check on the situation (overheard the stop on a scanner) they too were detained. The officers based their decision to detain the subjects on a safety issue, because they were in the process of obtaining a search warrant for the motel. The detaining of subjects at the PD would in all likelihood be construed as an arrest. The Court stated that "While Terry stops are permissible under the Constitution, there has been no judicially -created exception to the Fourth Amendment that permits law enforcement officials to seize people so as to prevent them from warning suspects of police monitoring."... Neither the Fourth Amendment nor its exceptions permit officer to dismiss these constitutional mandates soley because of safety concerns. Again from Centanni v. Eight Unknown Officers..."We cannot sanction an officer to create, either intentionally or mistakenly, an artificial justification for detaining citizens contrary to the Fourth Amendment by merely notifying them of their intent to procure a search warrant. Permitting such an exception would not only be counterintuitive but contrary to the protections embodied by the Fourth Amendment." While officers may detain subjects at the scene where a search warrant is being executed, we do not have the authority to detain persons to keep them from warning those involved that they under investigation. BOTTOM LINE: Prolonged detention Equals Arrest and Arrest requires Probable Cause. . _i i <&— � � � � � � w k0 .� LL « . 0 O /LL w � eK � � � O ) CD % 2� § zkU)��/ ) 0 0$ k 0�Li >_02 >k\ LU zmm z�2 U ESS t 2» ) §Om;) Cl)co 0 a w § CD CD § \ kk�(( ° w Qu - AA 2 \ f \ w §e2 222 2 v09 §o �i *— m �¢% §Bk A/ 0)) co \ w � -- A zU) �b \k�((* e �■A - a) a) f §m «q {CL kLL auj �3 9 � � O 0 of �$ a a \ �# 0 zT a ■ ! 3 §/ L8�t c Mf . ui 2Z ))a. § �� § b(L k )- § CA§ S @ > a z ( (CM k z } �§ uB IL�■ z � § �$ j UJLU cn ) u§` kE -*,a, §\ k 2_ U) o-0-0 m7 )72 \P! 2 / &# L _ uj 22 §§f §6) IL �