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HomeMy WebLinkAbout06-25-2001 ICPD General OrdersLEG-03.1 FIELD INTERVIEWS AND "PAT -DOWN" SEARCHES Date of Issue General Order Number October 13, 1999 99-12 Effective Date Section Code October 18, 1999 LEG-03 Reevaluation Date October 18. 2001 C.A.L.EA. 1.2.4, 41.2.4 INDEX AS: Field Interviews Pat -Down Searches Amends / Cancels Reference Field Information (FI) Cards Searches n w 0 Ul I. PURPOSE The purpose of this policy is to assist officers in determining when field interviews and pat -down searches are warranted and the manner in which the shall be conducted. Ii. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform pat -down searches in conformance with procedures set forth in this policy. LEG-03.2 M. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat -Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being or is about to be committed. IV. PROCEDURES A. FIELD INTERVIEWS 1. Justification for conducting a Field Interview - Officers may stop individuals for the purpose of conducting a Yield interview only where reasonabie suspicion is present. Reasonable suspicion must be more o Q than a hunch or feeling, but need not meet the test for probable cause sufucieni io make an arrest. in justifying the stop, the officer must be able [] s �a iu puini iu speciric facis that, v nicn wnen taKen togetner wan rational (1 `� U inferences, reasonably warrant the stop. Such facts include, but are not -U 11iiiiteu LL _ �-Qa. The appearance or demeanor of an individual suggests that he/she is 0� part of a criminal enterprise or is engaged in criminal activity; N fib. The actions of the suspect suggest that he/she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's presence in the area; d. The suspect's presence in a location is inappropriate; e. The suspect is carrying a suspicious object; f. The suspect's clothing bulges in a manner that suggests he/she is rnrminn a %Ainnnnn- g. The suspect is in proximate time and place to the alleged crime; h. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 2. Procedures for initiating a Field Interview - Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he/she has an articulable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify mmmurseu as a murnuer ui tiro wwa uay roiice uepartment, and it not LEG-03.3 in uniform, the officer shall announce his/her identity and display departmental identification. b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. e. Officers are not required to give suspects "Miranda" warnings in order to conduct filed interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and writjg the incident number on the FI card. Field Information Carib shod be submitted to the Records Division. Upon entry of the informloa fry the-n FI card into the records system, the Report Review Officer l f4varc4­ the original FI cards to the Lieutenant of Investigations. 4C rn B. PAT -DOWN SEARCHES w CD 1. Justification for conducting Pat -Down Searches: An officer has the rigN? to perform a pat -down search of the outer garments of a suspect for weapons if he/she has been legitimately stopped with reasonable suspicion and only when the officer has a reasonable fear for his/her own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting a pat -down search. Following are some criteria that may form the basis for establishing justification for performing a pat -down search. Officers should note that these factors are not all-inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. a. The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. LEG-03.4 b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. d. Prior knowledge of the suspect's use of force and/or propensity to cant' weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing a Pat -Down Search a. When reasonable suspicion exists to perform a pat -down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only be performed to protect the safety of officers and others and may never be used to "shake -down" individuals or groups of individuals or, as a pretext for obtaining evidence. Under these circumstances, pat -down searches should be conducted in the following manner. 1) When possible, pat -down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat -down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat -down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object such as a handbag, suitcase, r briefcase, backpack, book bag or any other item that may conceal ~ a weapon, the officer should not open the item but instead lace it �, U iJ P P P Q out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose N evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the officer may make an arrest of the suspect and complete a full -custody search of the suspect. 3. If during the course of an authorized pat -down search of an individual, an officer comes upon an item that the officer readily recognizes through his/her experience and training is probably contraband, the officer may remove the item from the suspects clothing. If upon further examination the seized item is of a nature for which the possession of is crime, the officer may make an arrest of the suspect and complete a full -custody search of the suspect. LEG-03.5 R. rVinkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher' legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basisfor departmental administrative sanctions. N O_ Y u' 1 , N LEG-04.1 Search and Seizure Date of Issue General Order Number January 10, 2000 00-01 Reevaluation Date Amends / Cancels January 2001 1 NEW C.A.L.E.A. Reference 1.2.4 INDEX AS: Search Seizure Warrants Arrests Stop and Frisk I. PURPOSE The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. If. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of the persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statues governing the seizure of persons or property. LEG-04.2 III. DEFINITIONS A. Constitution of the United States of America: Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. IV. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that 'citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered and obtaining consent or a warrant is impractical. C C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. _ D. Stop and Frisk: LEG-04.3 D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: 1. Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. (see impound policy) F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: 1. Officers may visually search items or property that are in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: 1. Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) I. Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. J. Officers may conduct warrantless searches in other situations under applicable case law. (See training documentation) K. Search and Seizure Pursuant to Warrant 1. When an officer has probable cause to believe that a crime has been committed on the premises to be searched, or that evidence of a crime could be located there, officers shall obtain a search warrant prior to entry and search in accordance with applicable state law and procedures. (See training documentation.) If it is unclear if a situation falls into one of the above categories and an officer believes that there is need to search a person, location or item; the officer should consult with an on -duty watch supervisor. If a determination is not reached, the on -call County Attorney shall be called for advice on how to proceed. LEG-04.4 R.P. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should. not be construed as a creation of higher legal standard .'of safety or care in - an evidentiary ,sense with respect to third -party cialms. Violations of this directive will only form the basis for departmental administrative sanctions. IOWA CITY POLICE DEPARTMENT GENERAL ORDERS ALPHABETIC INDEX Section Code Index OPS-13 Accident Investigation, Vehicle Crashes OPS-13 Accidents, Vehicle Crashes ADM-05 Acquired Immune Deficiency Syndrome (AIDS) OPS-08 Alarm / Open Door Response OPS-11 Alcohol Enforcement, Traffic ADM-03 Ammunition Specifications o ADM-04 Annual Objectives n c LEG-02 Arrests, Arrests D LEG-01 Arrests, Civil Rights 0 ry LEG-05 Arrests, Off -Duty Conduct: Powers of Arrest � p LEG-04 Arrests, Search & Seizure r- OPS-11 Arrests, Traffic C x w OPS-03 Arrests, Use of Force Y o TRN-01 Authority and Responsibility, Department Training SER-03 Background Investigations ADM-07 Bicycle Operations ADM-07 Body Armor OPS-16 Body Armor, Police Cyclist SER-04 Bomb Threats OPS-08 Building Search OPS-10 Canine, Canine Operations OPS-08 Canine Procedure, Alarm/Open Door Response SER-04 Canine, Special Purpose Vehicles OPS-03 Canine, Use of Force ADM-03 Care of Uniform Clothing and Equipment TRN-01 Career Specialty In -Service Training, Definition OPS-05 Case Screening Criteria OPS-05 Case Screening Responsibility LEG-02 Citations, Arrests OPS-11 Citations, Traffic LEG-01 Civil Rights OPS-16 Communications, Police Cyclist OPS-01 Communications Procedure SER-04 Community Service Officers PER-02 Complaint Procedures OPS-04 Criteria for Investigative Task Force ADM-04 Department Goals ADM-01 Department Publications TRN-01 Department Training Administration TRN-01 Department Training Authority and Responsibility TRN-01 Department Training Committee TRN-01 Department Training Goals TRN-01 Department Training Policy SER-02 Development of Report Forms Page 1 of 5 10/03/00 -T1 M 0 IOWA CITY POLICE DEPARTMENT GENERAL ORDERS ALPHABETIC INDEX Section Code Index ADM-01 Directives, Written PER-01 Disciplinary Philosophy ADM-06 Discipline, Internal Affairs Investigations LEG-02 Discretion, Arrests OPS-14 Domestic Abuse LEG-02 Domestic Abuse, Arrests OPS-14 Domestic Violence OPS-14 Domestic Violence Reports OPS-14 Domestics TRN-01 Education and Training Record OPS-06 OPS-07 OPS-06 ADM-06 OPS-12 OPS-12 OPS-05 LEG-03 LEG-03 SER-05 SER-05 OPS-05 SER-02 ADM-01 ADM-4 OPS-09 PER-02 ADM-05 ADM-05 ADM-06 OPS-13 ADM-02 ADM-05 ADM-05 ADM-07 ADM-06 ADM-06 OPS-12 OPS-05 OPS-04 ADM-06 ADM-03 OPS-15 SER-05 Emergency Assignments Enforcement of Safety Belts Escorts, Emergency Evaluations, Internal Affairs Investigations Evaluations, In Car Recording Devices Evidence Exceptional Circumstances, Case Screening Field Information (FI) Cards Field Interviews Field Training Firearms Follow -Up Investigation Criteria Forms Management Program General Orders Goals and Objectives of Iowa City Police Department Handcuffing Harassment, Harassment & Sexual Harassment Hepatitis B Virus (HBV) Human Immunodeficiency Virus (HIV) IAIR Forms Impounds Index, General Orders Infectious Disease Infectious Disease Exposure Inspections Internal Affairs Investigations Internal Affairs Investigations Register (IAIR) Internal Investigations, In Car Recording Devices Investigative Case Screening Process Investigative Task Force Knowingly Providing False Information Leather Goods Classification Less Lethal Less Lethal, Weapons `Z C7 C7 rn Y N Page 2 of 5 10/03/00 -n n 0 Section Code SER-03 TRN-01 ADM-02 OPS-05 TRN-01 ADM-04 SER-05 PER-01 OPS-14 SER-05 ADM-01 OPS-06 ADM-01 ADM-04 OPS-04 OPS-11 LEG-03 ADM-03 ADM-06 OPS-16 ADM-02 ADM-01 SER-04 PER-01 OPS-09 LEG-02 OPS-04 OPS-14 ADM-01 OPS-06 OPS-01 TRN-01 ADM-03 SER-02 SER-02 SER-02 SER-01 SER-01 OPS-03 OPS-10 OPS-02 SER-02 LEG-01 LEG-01 IOWA CITY POLICE DEPARTMENT GENERAL ORDERS ALPHABETIC INDEX Index Licensee Background Investigations Lodging, Reimbursement, Training Manual, Policy & Procedures MCI — Case Screening Meal Reimbursement, Training Mission Statement Munitions Negative Discipline No Contact Order Off -duty Weapons Official Department Publications Operation of Police Motorized Equipment Orders, Written Organizational Values Outside Agency Requests — Investigative Parking Enforcement Pat -Down Searches Personal Appearance Police Citizen's Review Board Police Cyclist Policy & Procedures Manual Policy and Operating Procedures Manual Police Cyclist Positive Discipline Prisoner Transport Prisoner Transport, Arrests Procedures for Investigative Task Force Protective Orders Publications, Department Pursuit Driving Radio Use O N p -Tl n N r D o cn Task Force Members Reimbursement, Training Expenses Replacement and Maintenance of Uniforms Report Form, Annual Review Report Form, Development of Report Form, Division of Report Processing Report Review Reporting, Use of Force Reports, Canine Reports, Police Vehicle Pursuits Revision of Report Forms Rights, Civil Rights, Individual Page 3 of 5 10/03/00 IOWA CITY POLICE DEPARTMENT GENERAL ORDERS ALPHABETIC INDEX Section Code Index OPS-07 Safety Belts LEG-01 Search & Seizure, Civil Rights LEG-04 Search, Search & Seizure OPS-10 Searches, Canine LEG-03 Searches, Field Interview & Pat Down Searches OPS-07 Seat Belts LEG-04 Seizure, Search & Seizure PER-02 Sexual Harassment OPS-05 Solvability Values OPS-16 Special Purpose Vehicles p o SER-04 Special Response Team (SRT) C c SER-05 Special Response Team, Weapons N —n LEG-04 Stop & Frisk, Search & Seizure c7� n _ �— PER-02 Supervisor Responsibilities Ill OPS-08 Supervisory Responsibility OPS-01 Ten Signals D W OPS-13 Traffic Control cn OPS-13 Traffic Direction OPS-11 Traffic Enforcement OPS-11 Traffic Exemptions OPS-11 Traffic Stops, Traffic OPS-12 Traffic Stops, Inc Car Recording Devices SER-05 Training, Weapons TRN-01 Training Committee, Department TRN-01 Training Course Critique TRN-01 Training Expense Reimbursement TRN-01 Training Goals, Department TRN-01 Training Policy Statement TRN-01 Travel Costs, Training OPS-03 Use of Force OPS-15 Use of Force Matrix OPS-03 Use of Force Model OPS-08 Use of Force, Alarms & Open Doors LEG-02 Use of Force, Arrests OPS-10 Use of Force, Canine LEG-01 Use of Force, Civil Rights OPS-12 Use of Force, In Car Recording Devices OPS-15 Use of Force, Less Lethal Impact Munitions LEG-05 Use of Force, Off -Duty Conduct: Powers of Arrest OPS-02 Use of Force, Police Vehicle Pursuits OPS-09 Use of Force, Prisoner Transport SER-05 Use of Force, Weapons OPS-01 Use of Radios OPS-07 Use of Safety Belts Page 4 of 5 10/03/00 IOWA CITY POLICE DEPARTMENT GENERAL ORDERS ALPHABETIC INDEX Section Code index OPS-16 Vehicle Operations SER-04 Vehicle Operations OPS-02 Vehicle Pursuits OPS-03 Warning Shots ADM-07 Warrant Service LEG-01 Warrants, Civil Rights LEG-04 Warrants, Search & Seizure SER-05 Weapons LEG-05 Weapons, Off -Duty Conduct: ADM-03 Wearing of the Uniform ADM-01 Written Directives Powers of Arrest N O 7> a N T1 �^ w Y o Cn Page 5 of 5 10/03/00