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HomeMy WebLinkAbout01-09-2001 ICPD Reports/MemosP L E=' ids c� MEMORANDUM TO: Members of the Police Citizen's Review Board FROM: R. J. Winkelhake, Chief of Police ri � RE: PCRB #00-04 DATE: December 21, 2000 During the course of this investigation of PCRB 00-04 the complainant chose to take part in an informal mediation. The complainant met with the investigator before the informal medication and the process was explained. The complainant then met with the officers and the officers watch commander. The complainant was able to address his concern with the officer and watch commander. Together they were able to review the complaint and able to discuss each issue. At the conclusion of the discussion the complainant was satisfied with the results and viewed the complaint as a closed matter. The complainant signed a memo stating that he was satisfied and does not wish to pursue the complaint. November 8, 2000 Chief R. J. Winkelhake, I met with Officer _ 790206 s 700415 on this date for mediation of PCRB Complaint #00-0d. After informal mediation I am satisfied and do not wish to pursue the complaint any further. Gianni Comito Marian Karr From: media@iowa-city.org Sent: Sunday, December 17, 2000 10:55 AM marian_karr@iowa-city.org oubject: RELEASE: Traffic Stop Demographics Contact: Sgt. Bill Campbell - Iowa City Police Department Phone: (319) 356-5293 Date: 12-17-2000 Time: 10:35 am Authority of: Chief R.J. Winkelhake The Iowa City Police Department compiles race and sex demographic information on drivers of vehicles stopped by members of the department. Below are the totals for each demographic catagory, from January 2000 through November 2000. Male White - 7,967 Male Black - 782 Male Hispanic - 224 Male Asian - 271 Male Other - 163 Male Unknown - 38 Female White - 4,852 Female Black - 328 Female Hispanic - 86 Female Asian - 125 =.male Other - 40 :male Unknown - 14 Unknown - 5 TOTAL - 14,895 ------------------------------------------------- You may view past media releases at http://www.iowa-city.org/media—releases.asp ------------------------------------------------- To unsubscribe to this mailing list, please go to http://www.iowa-city.org/mailing/mailing.pl and enter your email address. Then uncheck the lists from which you wish to unsubscribe. 1 Local Iowa City Press -Citizen Iowa City Vehicle -stop numbers released The Iowa City Police Department compiled race and sex demographic infor- mation on drivers of vehicles stopped by members of the department. Below are the numbers for each demographic cate- gory from January 2000 through December 2000: ■ Male, white: 8,583 ■ Male, black: 839 ■ Male, Hispanic: 244 ■ Male, Asian: 293 ■ Male, other. 172 ■ Male, unknown: 41 ■ Female, white: 5,184 ■ Female, black: 348 ■ Female, Hispanic: 91 ■ Female, Asian: 138 ■ Female, other. 45 ■ Female, unknown: 15 ■ Unknown: 5 Total: 15,998 Page 3A Thursday, January 4, 2001 TACT/CAL DECEPTION TALKING SUSPECTS INTO CUSTODY BYANDREWJ. BORRELLO As Police Officers, we have been trained and entrusted to be honest and ethical in all areas of our job. These are qualities and characteristics expected of our profession by statute and policy. There are, however, occasions during the performance of our duties when we, as Police Officers, can and should deceive, mislead, cause deception, and temporarily hide the truth. However you want to label it, this form of deception is done to afford an Officer with enhanced control providing an added margin of safety. This is Tactical Deception. An officer determines during a traffic stop that a male is under the influence of alcohol and will be arrested. He or she has a back-up officer but this male is 6-5, weighs 250 pounds, he is nervous and agitated, and has verbally made it clear that he does not want to go to jail. The officer tells the man he is under arrest and to put his hands behind his back or goes to initiate a hands on control hold which also alerts the suspect, it's time to go to jail. The suspect begins a violent struggle to escape and the fight is on. The suspect may get hurt, the Officers may get hurt, but either way an unnecessary altercation and use of force has occurred. With the application of tactical deception, the INSIDE THIS ISSUE Tactical Deception Persons With Disabilities 4 Runaway or Abduction continued on page 2 Working With Persons With Disabilities Adapted from: Model Policy ADA It is estimated that there are 43 million people in the United States with a disability. These are general divided into physical or mental disabilities. The Police Department is obligated and determined to provide the full range of services to persons with disabilities. These services require that personnel recognize symptoms of a disability, sensitivity and appropriate support when dealing with persons with disability, access to interpreters as needed, and access to necessary departmental and non -departmental resources. Departmental personnel must take the steps necessary to assist people with disabilities in accessing the full range of immediate and follow-up services provided by the Iowa City Police Department. Following is a brief discussion of various types of disabilities. Visual Disabilities One of the most important steps an officer can take when dealing with a person who is blind or visually impaired is to identify themselves as a member of the department. When responding to a residence this may entail having the ECO contact the person and advise that the officer is on scene. If meeting with a person in a public case allowing them to touch a badge may serve to reassure them that they are in fact dealing with the police. Officers should avoid taking the person by the arm in an attempt to guide him/her. If assistance is needed, they may seek your arm. Mental, Emotional, and Psychological Disabilities The terms "mental illness", "emotional illness" and "psychological illness", describe a group of disabilities causing disturbances in thinking, feeling, and relating. It has been estimated that 10 percent of the population have some type of mental illness. Dealing with these type disabilities usually requires providing only general assistance, but may require time and patience beyond that usually provided. If involved in a custodial situation, the presence of a family member or friend may be useful in calming the individual. Officers should use the least amount of restraint necesWoctenWfWl training f continued from page aforementioned scenario may have a different outcome. After the Officer determined the man is to be arrested for driving under the influence under all the same conditions as listed in example #1, he or she tells the suspect that he will be allowed to walk home after a license check is completed. The officer then calls for two additional Officers to assist in the arrest based on the size and disposition of the suspect. By temporarily deceiving the suspect, tactically, the Officer bought him or herself more time and doubled the manpower, 4 to 1 instead of 2 to 1. Now the arresting Officer can make the arrest and if a fight ensues, the officer's safety factor and advantage has been greatly increased. Additionally, many suspects would think a lot harder on their capabilities to escape or their will to fight when facing 4 Officers as opposed to 2. Have you ever contacted an addict who was under the influence but was uncooperative with your evaluation? Try telling him/her that you understand their problem as you have a close relative who has been an addict for years and ask for some advice. Many addicts respond to this tactical deception with great enthusiasm and become very cooperative. How about the husband that beat his wife and will fight before he gets arrested? Try telling him that the situation is not his fault and that it appears to you that the whole thing is a big misunderstanding. Follow this by saying that you don't want to arrest him but the law forces you to do it and that it will help him to get away for the night. This does not work all the time, nothing does, but these two simple sentences can get many suspects on your side as you safely talk him into handcuffs. How about gang members who are often violent, carry weapons, or run. Gang members hate to lose face in front of their associates and especially in front of females and often fight or become uncooperative with Police to prove themselves. In certain situations, try telling a gang member to be arrested and who you believe may fight or attempt escape, that he is the only one in the group with guts enough to not always run when the police come. By saying this simple sentence, or similar applicable sentence, you have lifted his status a couple notches and especially if you say it so others can hear it. You have given the suspect what he wants most, respect from an authority figure. You may also tell him that it would be a bad idea to fight as his friends would lose respect for him if he is seen taken into custody by force. Tell him a man is not afraid to go to jail. The key words the gang member hears are man and afraid. He wants to be considered a man and never be seen as afraid. As you can see, this tactic can be applied to many situations, domestic violence, persons under the influence, gang member contacts, as well as many other types of arrest situations. Another example of tactical deception I have found successful is at the point of arrest, I tell the suspect that before I leave the scene I first need do a quick search to double check that he has no weapons. The suspect believing that freedom is near is only too happy to comply with my wishes. I can now safely and easily apply a powerful control hold, conduct my search, and then tell the suspect that he is under arrest while the handcuffs are safely being applied. By doing this, I have given myself added control which enhanced my level of safety. These are but a few of the many situations tactical deception can be applied to give added safety to Officers in otherwise potentially adverse situations. The key is to be clever and use your imagination. Now the question arises, "How can Police Officers not telling the truth be ethical?" Police Officers are supposed to be honest, have integrity, and tell the truth. When an Officer uses any of his or her resources, skills, training, and experience to his or her advantage and this advantage resulted in a fight not occurring, or an officer not getting hurt, or a suspect unable to escape, then that action can be labeled as smart Police work. Temporary deception, applied correctly, is smart police work. Seasoned patrol veterans use it daily, experienced police interviewers depend on it, and injury has been avoided more than once because of it. If a defense attorney asked me in front of a jury why I lied to the defendant, inferring that this type of action was wrong or unethical, my answer would be something like this: "I did not immediately tell the defendant the truth based upon his aggressive actions which led me to believe, based on my training and experience, that a fight or escape would happen. I temporarily mislead the defendant until my back-up officers arrived and until the situation could be controlled without me or my fellow officers getting hurt and to avoid any use of force on the defendant. Once control was accomplished, I advised the defendant that he was under arrest and took him safely into custody without incident and nobody was hurt." Now, if it is not painfully clear, temporary deception, used by officers for safety reasons, to stall for time, or to avoid an impending altercation is a valuable tactic. Deception or dishonesty in any other form such as in report writing, testimony, etc. has no place in law enforcement. Naturally tactical deception is not needed in every arrest, however, it is a tool among many others we have that can be utilized to our advantage. Tactical deception can be a great asset providing for increased safety, better control of situations, and to avoid uses of force on suspects. Unethical behavior or smart Police work. You be the judge. training 2 ,-- 1 1 UPCOMING TRAINING i--i I The following is a listing of training, which MAY be available. DO NOT consider this a posting. Any request to attend based on this listing will not be considered a request to attend. CALENDAR OF EVENTS TRAINING EVENT PLACE MONTGOMERY HALL DATE BEGINNING 1/8/01 5 CONSECUTIVE WEEKS MATS TRAINING EVENT PLACE MTTU IV DATE 02/12-16101 Criminal Investigative Techniques TRAINING EVENT PLACE MTTU IV DATE 03/12-16/01 Decision Making for Law Enforcement Officers (Use of Force Training involving classroom and use of simunition) TRAINING EVENT PLACE CRPD RANGE DATE WEEK OF MAY 21 ST Spring Firearm qualification/training CONSTRUCTIVE POSSESSION In July and August, the County Atty. provided information for the bulletin and WT relating to constructive and actual possession. This was emphasized again in a court case in the Sept. Bulletin. On Nov. 16, 2000 the Iowa Supreme Court decided State v Atkinson, which again reiterates the necessity for determining the extent to which a person is connected to the contents (contraband) contained in a vehicle. In this case the court states ...When the controlled substance is found in a car there are factors to be considered in whether the defendant had knowledge of its existence, such as: contraband in plain view of the defendant, with the defendant's personal effects, found on same side of the car as the defendant, the defendant is owner of vehicle, and suspicious activity by the defendant. In this case, the State proved only that the defendant had engaged in suspicious activity. The defendant's close proximity to the contraband is insufficient alone to establish her dominion and control of it.... continued from page 1 take the person in to custody. Departmental personnel should consider referring or seeking assistance from appropriate outside agencies. Mental Retardation Mental retardation encompasses a broad range of developmental disabilities ranging from mild to profound. Mental retardation and mental illness are separate and distinct conditions with no similarity. When dealing with person of limited intellectual functioning officers should consider asking short questions, be patient while waiting for a response, and be willing to repeat question as necessary. If a family member or friend is available, they may be invaluable in assisting with the subject. When dealing with someone who is lost, accompanying the person through a building or neighborhood to seek visual clues may prove of benefit. Mobility Impairments Among the most identifiable are those persons with mobility impairments. When responding to an emergency call involving a person with a mobility impairment, officers should be cognizant of the safest and most rapid method of assisting the person without causing unnecessary strain or injury. In an arrest situation, once the person is secure and safety issues are resolved, consideration should be given to the return of any mobility aids. "Invisible" Disabilities Many disabilities are difficult to notice. Officers must realize that the involuntary behavior associated with some of these disabilities may resemble behavior characteristics of intoxication or disorderly conduct. Le. epilepsy, diabetes or tourette's syndrome. An officer's patience and understanding of the characteristics commonly associated with "invisible" disabilities will assist in coming to a successful outcome. As with other types of disabilities, the presence of family members or friends may be useful in providing information. Speech and Hearing disabilities As exemplified in other training, a person's failure to comply or respond to verbal commands does not always constitute defiance, but may be the result of a hearing impairment. When dealing with the hearing impaired, officers need to take extra time to ensure that they have adequately communicated with the hearing impaired. In custodial situations it is of the utmost importance that officers take steps to see that the rights of the hearing impaired are protected. When responding to calls involving persons with disabilities, you have an obligation to ensure that the person with disabilities services and protections comparable to those provided those without training 3 Runaway or Abduction Assessment Tools for Patrol Officers When a child disappears, the responding officer must make the determination as to the extent of the response. The identification of a case as runaway when in fact it is abduction may decrease the likelihood of the child being safely returned. This is exacerbated by the fact that there are approximately 450,000 runaways in the United States at any given time. Without obvious indicators of abduction, such as a witness, statistics indicate that the child is most likely a runaway. If officers work on the assumption that it is a runaway, evidence of abduction may often be overlooked. Assessing the Situation The responding officers initial assessment will have a great impact on the outcome of the missing child case and may determine whether the child is recovered and returned home safely. No other investigation is as time sensitive. If abduction is erroneously classified as a runaway, crucial investigative opportunities may be jeopardized. To assess a missing child report accurately, the responding officer must explore the child's lifestyle and behaviors. In addition the officer must assess whether a voluntary departure is consistent with the child's behavior pattern. Officers should determine if the child is living with both parents or if there is a non -custodial or a shared custody parent who may have the child or know of their whereabouts. Officers should interview parents separately from other family members. During the parental interview, officer should compile a physical description of the child, a clothing description if available, and a current photograph. Determine if the child has runaway in the This and That past. If so where did the child go? Throughout the interview process the officer should attempt to establish if the absence is a significant deviation from established patterns of behavior. Through interviews the officer should develop and verify as thoroughly as possible a timeline of the child's last known activities, identify habits, hobbies, interests and identify the known "comfort zone" of the child. How much time transpired between the child's last known activity and the parent's report? Note any changes in behavior or activity, identify any traumatic or stressful events. Did the child exhibit any "runaway" gestures such as staying out all night, threats, or other behavior that was contrary to normal or accepted behavior. Are there indications of child abuse within the residence? Additionally efforts should be made to identify and interview friends, teachers or others who regularly had contact with the child. Who would the child go to receive assistance? Scene Assessment - A search of the missing child's residence can provide information that may assist in determining if the incident is a runaway or abduction. Are there signs of forced entry? Is the child's room in a different state than normal. Are there things missing from the child's room, i.e. clothes, toiletries, medications, favorite objects? Does the child have access to money, credit cards, transportation, and have they been accessed. This would indicate the disappearance was preplanned. Additionally officers should consider a thorough search of the property. A second officer may do this while the initial officer continues their interview with the parent(s). In 1998, 15,935 fatalities and 305,000 injuries were related to impaired driving, accounting for one fatality nearly every 33 minutes and one injury every two minutes. Additionally, traffic -related crashes annually result in more than $45 billion in economic costs. Reminder: When completing a Use of Force report, in the "Type of Incident" box, you need to specify the original reason for contact with the subject. If you end up using force on someone resulting from your stopping a person for another officer you need to use the original reason for the contact by the originating officer. In State v. Bloomer, decided by the Iowa Supreme Court 10/11/2000, it was determined that although a defendant (suspect/OWI) is entitled to an independent test for alcohol content, that right does not arise until after the defendant completes the test requested by the officer. "Even if you're on the right track, if you stand still you'll get run over by the train. Will Rogers training 4 IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 01-33 DATE: Dec. 4th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: RR Crossing Violations This weeks watch training deals with RR crossing hazards and violations. The attached video identifies various driver obligations, traffic violations and investigative tips associated with RR crossings. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-21 RR Grade Crossing Violations Scenario - You are stopped second in line at a RR crossing. There is a moving, train visible approx. 100 yards away moving towards the intersection. The crossi ght$-are activated when you observe a vehicle on the opposite side of the tracks pull around a vehicle stopped in front of it and the vehicle then accelerates across the tracks. Critical Issues - What is the appropriate charge? Is there a difference between going through flashing RR lights and going around/through a lowered arm? The Code of Iowa has the following requirements and prohibitions relating to RR crossings: 321.304 Prohibited Passing - No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions: ... 2. When approaching within one hundred feet of any narrow bridge, viaduct, or tunnel, when so signposted, or when approaching within one hundred feet of or traversing any intersection or railroad grade crossing. SPECIAL STOPS REQUIRED 321.341 Obedience to signal of train. When a person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal, crossing gates, a flag person, or otherwise of the immediate approach of a train, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail and shall not proceed until the driver can do so safely. The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. 321.342 Stop at certain railroad crossings —posting warning. The driver of any vehicle approaching a railroad grade crossing across which traffic is regulated by a stop sign, a railroad sign directing traffic to stop or an official traffic control signal displaying a flashing red or steady circular red colored light shall stop prior to crossing the railroad at the first opportunity at either the clearly marked stop line or at a point near the crossing where the driver has a clear view of the approaching railroad traffic. Chapters 321.354 - .358 contain prohibitions on parking within a RR right of way. Discussion - The attached video discusses grade crossing violations. It discusses the obligations of drivers when approaching RR crossings. It also discusses trespassing issues. The RR right of way is private property and persons may be subject to trespassing charges. (TI bonus: what is the misstatement in the video?) cj IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN Ol -34 i DATE: Dec.11th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: WT 01-24 Vehicle Damage Estimates This weeks watch training deals "guestimating vehicle damage." The attached sheets were adapted from "cheat sheets" used by the Iowa State Patrol. You will need to determine where the involved vehicles "fit' in the range. Also there is reference to the new state accident report forms which go into effect on 01/01/01. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-24 -• Vehicle Damage Estimates Scenario - You respond to a car deer accident. There is damage to the frontpart of the.v car. You need to estimate the total amount of damage. .r Critical Issues - What guidelines should I follow when making a "guestimate" of the dollar amount of the damage. What is the dollar value of the deer? What if it struck a loose steer instead? Discussion - Iowa Code Chapter 321.266(2) is as follows: The driver of a vehicle involved in an accident resulting in injury to or death of any person, or total property damage to an apparent extent of one thousand dollars or more shall also, within seventy-two hours after the accident, forward a written report of the accident to the department. While it is not expected that officers will be able to accurately estimate the amount of damage of vehicles involved in a crash, we should attempt to get a reasonable "ballpark" figure. Most of our estimates involve the under estimation of vehicle damage. The underestimation of damage creates several problems among which are: confusion on the part of the owner as to the filing of a State Accident Report, Inaccurate data being entered in Records, Inaccurate data being provided to other governmental agencies for use in their decision making process. In the above scenario for figuring total damage, a deer would have a value of $00. Livestock or domesticated animals should be placed at their market value. The attached guidelines have been adapted and updated from "cheat sheets" used by the Iowa State Patrol when estimating vehicle damage. The estimates do not include labor, which can very from shop to shop. Using the attached guidelines if the grill, headlights, hood and windshield were damaged and it were a relatively new mid -priced car, you could estimate the damage at: Grill $200 Headlights $200 Hood $600 Windshield $300 For a total dollar amount of $1300, thus requiring a state accident report to be filled out. (The new forms have abbreviated instructions for car/deer accidents) With the attached cheat sheet you will need to determine where in the range the vehicle(s) involved fit and make your estimate accordingly. Average Repair Costs (does not include labor) Grill $150 - 300 Windshield $150 - 400 Side windows $150 Hood $400 - 800 Trunk $350 - 500 Rear hatch/lift gate $600 Rear Window $350 - 700 Taillights (both) $150 Headlights (both) $150 - 300 Rear fender quarter $550 - 800 Door $300 - 500 Front Fender/Quarter $300 - 600 Roof $700 - 900 Grill $150 - 300 Radiator $350 - 600 Bumper $250 - 700 Wheel $150 - 500 (higher with defrost) For luxury or "foreign sports cars" add 20% to the higher figure FII._FD Ci! IOWA CITY POLICE DEPARTMENT TRAINING BULLETIN 0 1 -3 5 DATE: Dec.18th, 2000 TO: Commanders (All Sworn) FROM: k.hurd SUBJECT: WT 01-25 State (Ohio) v Homan This weeks watch training deals in greater detail with State (Ohio) v Homan. This was touched upon briefly in the Nov. Bulletin, but put briefly, when administering SFST officers need to follow the procedures developed by the NHTSA. The Homan decision also pointedly demonstrates the importance of detailed, complete reports. Even though the SFST were not allowed, Homan was convicted based on the observations and documentation of the officer. While not binding on Iowa, the decision was a topic at the Prosecuting Attorneys conference in Nov., which resulted in the Prosecuting Attorneys sending out training information. They fully expect Homan type defenses in the near future. Cc: Chief Winkelhake Capt. Harney Capt. Widmer Watch Training 01-25 State v Homan (Ohio) Scenario - You observe a vehicle drifting over the centerline a couple times. You stop the vehicle and detect an odor of alcohol coming from the driver. I uhbles for his drivers' license. You decide to administer field sobriety tests. " Critical Issues - How should the tests be administered. Is there any problem if I vary from the procedures established by the NHTSA? Is it possible to obtain a conviction w/o the SFSTs? Discussion - In State (Ohio) v Homan (mentioned in the Nov. training bulletin), decided by the Ohio Supreme Court in August 2000, it was decided that minor variations from the instructions/procedures established by the NHTSA, render the results of the test unreliable. The decision stated in part, "When field sobriety testing is conducted in a manner that departs from established methods and procedures, the results are inherently unreliable." "The NHTSA concluded that field sobriety tests are an effective means of detecting legal intoxication only when: the tests are administered in the prescribed, standardized manner, ***the standardized clues are used to assess the suspect's performance, and ***the standardized criteria are employed to interpret that performance." "...If any one of the standardized field sobriety test elements is changed, the validity is compromised." "...The small margins of error that characterize field sobriety tests make strict compliance critical." "...it is well established that in field sobriety testing even minor deviations from the standardized procedures can severely bias the results." In a consenting opinion, "... field sobriety test results are admissible at trial only if the officer strictly complied with standardized testing procedures." ...the care with which a field sobriety test is administered has a decisive effect on the test's reliability, and hence its evidentiary value." As noted in the Nov. Training Bulletin Homan's conviction was upheld even the field sobriety tests were disallowed because the officer detailed the other factors; driving, behavior, odor, in his report. While Homan is a decision by the Ohio Supreme Court and is not binding on Iowa Courts, it may be cited or serve as reference for the Iowa Courts. The implications of this case are such that it was a topic for the Iowa Prosecuting Attorney's conference in November. FYI it is expected that the admissibility of "non -procedural" SFST will be challenged. REMEMBER THE TITLE: STANDARDIZED Field Sobriety Tests. With this in mind, the Iowa Prosecuting Attorneys have provided the following refresher from the ILEA training manual. (Complete Homan decision available in the Training office)