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HomeMy WebLinkAbout04-15-2002 Communication City of Iowa City MEMORANDUM Date: December 5, 2001 /i ~[~ ~ ~ To: Steve Atkins, City Manager From: Sarah E. Holecek, First Assistant City Attomey~ Re: PCRB #01-01: Recenciliation of Police Chief's report and PCRB report with respect to propriety of searches As you know, the findings of the Police Citizens Review Board in Complaint #01-01 diverge from those of the Police Chief's report with respect to the propriety of the searches conducted by the officers. To refresh your recollection, I note that, in contrast to the Police Chief's report which did not sustain allegations of an illegal search, the PCRB found that "aspects of the search were not consistent with law and the Iowa City Police Department Policy". After reviewing the PCRB report, the Police Chief's report, and the Internal Affairs materials supplied to the PCRB, and after speaking with the PCRB's legal counsel, it appears that the deviation between each report's conclusions results from differing factual accounts by the Complainant's eleven-year-old son and a question of procedure. First, the Police Chief's report was based on interviews with the officers, the Complainant and the Complainant's eleven-year-old son, the latter two of which were provided to the PCRB with the Chief's report. After receiving the Chief's report, the PCRB conducted an independent interview with the Complainant's eleven-year-old son, It appears that, during that later interview, the Complainant's son stated that officers searched in his bedroom drawer, but did not look into closets or other areas where a person could hide. Indeed, if the officers proceeded to look through the other areas of the apartment based on the safety check and protective sweep warrant exceptions, looking into a bedroom drawer would be inappropriate, as such an area would not harbor a safety risk. The PCRB's disagreement with the Chief's report on this matter appears to be based on the subsequent factual account of the eleven-year-old rather than the boy's original account and the officers' statements. In sum, the divergence between the two findings appears to be based on the factual issue of the extent of the officers' search as well as the credibility of witnesses. Next, the PCRB questions whether an eleven-year-old has both the capacity and common authority over the premises necessary to effect an appropriate consent to search, Noting the complexity of the juvenile consent issue, the Board states its belief that it would have been appropriate for officers to "consult with an on-duty watch supervisor" in accord with General Order Number 00-01 (Search and Seizure). However, it is important to note that this General Order did not address the complex issue of juvenile consent. Rather, it outlined the parameters for a consent search and instructed officers to consult an on-duty watch supervisor if an officer is unsure whether a situation falls into one of the listed categories. As the result of this incident, the Department's policy regarding juvenile procedures has been updated on the issue of juvenile consent, and provides for ensuring both capacity and authority prior to search. cc: Eleanor M Dilkes R.J. Winkelhake, Chief of Police STEVEN KANNER City Councilmember. Zowa City Home Address: 630 ~ Governor, ltl, Iowa City, Iowa 52240 (319)338-8865 TO: City Council FROM: StevenKanner 5/-rJz DATE: 2J6/02 RE: Police Chiefs General Order #01-06 - Juvenile Procedures Last November, 2001, Iowa City Police Chief RJ Winkelhake enacted Police General Order #01-06 - "Juvenile Procedures." This policy states that police "officers are directed not to request consent to search fromjuveulles appearing to be under the age of twelve (12)/' I would like to propose that the City Council have a work session to discuss the above matter and decide whether it wants to keep this policy or have it changed. As you may recall, this clarifying order was issued in part as a response to the findings of the Police Citizens Review Board in Complaint #01-01 issued last year. (Please see accompanying past City Council Packet memos from Winkelhake and Holeeek that follow this memo.) I would propose we frame any future discussion on the poim of wbether or not we and the community of Iowa City believe that anybody under the age of eighteen is too young to give informed consent to a police officer when "requesting consent to search." Although the Police Chief is correct in noting that nationally, caselaw "has supported consent searches granted by juveniles as young as eight years of age," I believe that it is our job as Councilmembers to help set Iowa City community standards for these type of matters. Please feel free to comaet me at 338-8865 with any questions or comments. I will bring this issue up at the next City Council time and hope that my colleagues will consider my request for placement on the Work Session Agenda for furth~ discussion on this important issue. FINAL/APPROVED POLICE CITIZENS REVIEW BOARD MINUTES - NOVEMBER 13, 200t FINAL/APPROVED Watson reported he has had no further contact with the City Manager regarding complaint number 01-01. Legal Counsel Pugh stated she had spoken with Asst. City Attorney Sarah Holecek regarding the complaint. They agreed to disagree. Holecek was interested in knowing what the Board felt was an appropriate age for consent but Pugh explained that the Board had not formulated an opinion as to an appropriate age or guideline to determine an appropriate age. Holecek is in the process of drafting a policy with regard to minor consent. Pugh offered that the Board would review such policy for comment if requested to do so. Complete Description January 8, 2002 Page 8 acquiring art from the University Master's Thesis Program, PCD Director Franklin to follow up; noted the report from the Asst. City Atty. regarding the PCRB sustained complaint, and asked that the matter be scheduled for an upcoming work session, majority of Council requested a of the new policies on juvenile consent; invited copy Council and the community to a reception honodng his sister's (Rebecca) release from prison for doing non-violent civil disobedience protest against the School of Americas on January 14. City Atty. Dilkes requested Council Members raise issues at the work session that need staff attention to allow staff time to respond prior to the formal meeting. Moved by O'Donnell, seconded by Pfab, to adjourn 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0,~mber~~ ~'E~r~st W. Lehman, Mayor Ma~>l'an K. Karr, City Clerk City of Iowa City M MORANDUM Date: January 16, 2001 TO: City Council From: Sarah E. Holecek, First Assistant City Attomey~ Re: Juvenile Procedures General Order Attached please find a copy of the Iowa City Police Department's General Order regarding Juvenile Procedures as referenced in my memo of December 5, 2001 regarding the PCRB's findings in PCRB Report #01-01. At the time of the incident involved in PCRB Report #0%01, there was no general order regarding Juvenile Procedures, though such an order was scheduled to be developed as part of the Department's CALEA certification efforts. Rather, only the general order concerning Search and Seizure was in existence. Please note Section IV, D, VI, on page 5, which specifically addresses procedures for obtaining consent to search from juveniles. This section was developed to address the concerns and comments raised by the PCRB in Report #01-01 and to address the specific issue of juvenile consent to search under the law. cc: Marian Karr, City Clerk Steve Atkins, City Manager Eleanor Dilkes, City Attorney Dale Helling, Assistant City Manager R.J. Winkelhake, Police Chief Matt Johnson, Captain, ICPD JUVENILE PROCEDURES Da~e of lS$.o I Oo.er~! O~or Number NOVEMBER 20, 2001 01-06 Effective Date Section Code NOVEMBER 26, 2001 OPS JANUARY 2002 NEW t C.A.L.E.A. I Reference Chapter 44 INDEX AS: Arrest Investigation Procedures Searches I. PURPOSE The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, custody, end child welfare situations. II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Departments juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non-criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non-secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and Jstified under this policy, take those measures necessary to effect positive changes in Jvenile offenders that are consistent with state law and the safety and securit rRerests of the community, OPS.19.2 III. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult. Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non-Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile 1. is held in an unlocked, multi-purpose area that is in no way designed for residential use, such as a report writing room or an office; 2. is at no time handcuffed to any stationary object; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; and 4. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV, PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his actions; 3. informal referrals to community services; 4. referral to parents or responsible adult; 5. informal counseling of parents or responsible adult; 6. limited non-secure custody and warning at the PD; 7. issuance of summons or complaint; 8. arrest under non-secure custody; and 9. arrest under secure custody. Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. OPS-19.3 B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents. h Release without further action following informal counseling may be appropriate in certain minor incidents. II. When in the officers opinion, more than informal counseling needs to occur, the officer may elect to do one or moro of the following: Make contact with the juvenile's parent(s), guardian or other responsible adult; make a referal to an appropriate community service agency with or without follow-up; detain the juvenile at the PD until he/she can be released to a parent or guardian. These actions may be appropriate when: A. the incident is of a more serious nature; or B. the attitude conveyed by the juvenile demonstrates a lack of realizing the seriousness of th_e incident; or C. the juvenile has received pdor warning, referrals, or has engaged in previous delinquent acts; or D. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision III. Officers may make a cdminal referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers should make a criminal referral against juveniles when they commit: A. acts that if committed by an adult would be serious misdemeanor or higher level charge. B. acts involving weapons; C. gang rolated offenses; D. acts which are assaultive in nature; E. acts committed while on probation or when-they have charges pending against them; ~. F. acts as repeat offenders or when they have refused to participate'in diversion or intervention programs; or G. when it has been determined that parental or other adult supervision is' ineffective. ~ When a juvenile is taken into custody,-he/she should be transported to the police department or the detention facility as soon as reasonable practical, after being taken in to custody. IV. An officer may also take a juvenile into custody if the juvenile is in imminent danger' to life or health, seriously endangered or is a runaway, or in violation of an order of disposition. In all such cases these juveniles shall be held in non-secure custody and officers should contact the child's parent(s) or guardian as soon as reasonably possible. When the parent(s) or guardian cannot be contacted or refuse to accept custody, the officer should contact the Youth Shelter for placement. OPS-19.4 V. In cases of alleged child abuse, first insure the safety of the child(ran) involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or if the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his/her watch to the investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the child(ran). B. Status Offenses I. Based on the seriousness of and circumstances surrounding the offense, the background and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his parents, guardian or other responsible adult. Prior to releasing a juvenile to someone pther than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. When the juvenile is released to someone other than a parent, the officer shall identify the person taking custody prior to the release of the juvenile. II. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. II1. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when in the judgement of the officer, the child presents a risk of injury to the child or others. IV. Officers shall pay particular attention to juveniles under the influence of alcohol or drugs to determine whether emergency medical services ara warranted. V. Juveniles taken into custody for status offenses shall be held in non-secure custody, for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. VI. Transportation of a juvenile in a "caged" vehicle is not considered secure custody. VII. Status offenders end other juveniles taken into custody should not be placed in an area with adult suspects and shall also be: 1. under constant observation; 2. afforded reasonable access to toilets and washing facilities; 3. provided with access to water or other nourishment as needed; 4. allowed reasonable access to a telephone. D. Criminal Offenses OPS-19.5 I. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgement of the officer, the child presents a risk of injury to the child or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. II. Unless the child is placed in shelter care or detention, the child shall be released to the child's parent, guardian, custodian, responsible adult relative, or other adult approved by the court. III. Fingerprints and photographs of juveniles shall be taken in conformance with the Code of Iowa chapter 232.148, and shall only be taken for an offense other than a simple misdemeanor. IV. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. When practical, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. VI. Officers shall consider the age of the juvenile when requesting consent to search from a juvenile. The requesting officer shall cleady explain the voluntary nature of the consent and the dght of the juvenile to refuse the request. Officers should not request consent to search from juveniles appearing to be under the age of twelve. Officers should attempt to contact the person in actual control of the property to be searched pdor to initiating the search. When the property to be seamhed is a residence and the parents or person in actual control of the property is unavailable the officer shall contact the on-duty watch supervisor for advice on how to proceed. When the property to be searched is other than e residence and the juvenile appears to be under the age of fourteen, and the officer is unable to contact the person in actual control of the property to be searched, the officer shall request the on-duty supervisor respond to the scene to determine how to proceed. This section does not apply when the property to be searched is a motor vehicle under the control of the juvenile. E. Reporting I. Officers shall document contacts with juveniles on the Departmental Juvenile Complaint form. The form shall be filled out as completely as possible. Juvenile contacts include but are not limited to: A. when a charge is filed or contemplated, other than the exceptions contained in chapter 232.8 of the Code of Iowa. (cite and release exceptions) OPS-19.6 B. transport of juveniles; C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note on the complaint that it was a FI contact. D. juveniles in the company of others at the proximate time an offense was committed; -. E. other circumstances as determined by watch supervisors or the Report Review Officer. II. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. II1. On an annual basis, the Sergeant of Planning and Research shall analyze, evaluate and report on the enforcement and prevention actions taken by the department. The report shall include both a quantitative and qualitative component. The report should contain recommendations for the continuance and/or modification of current departmental efforts and or directives. R. ,il. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in a[iY;cr{l~inal~or civil proceeding. The department policy should not be constrUed as a ~r.~tion of ~1 higher legal standard of safety or care in an evidentiary sense with re~P@cti.t0 thlt'dtparty claims. Violations of this directive will only form the basis four departmental administrative sanctions. , ' I #16 Page #35 ITEM NO. 16. CITY COUNCIL INFORMATION. Pfab: I propose you start at that end first. Kanner: All right. Lehman: Okay. Steve? Kanner: We got in our information packet information on the police order in regards tojuvenile consent. This is juvanile procedures, general order number 01-06. And this is a relatively new policy put in place and 1 was wondering if we could discuss at a work session one part of it in particular? I have some concerns about. It talks about that the requesting officer when requesting consent to search from a juvenile should not request consent to search from juveniles appearing to be under that age of 12. I think that it should be up to the age of 18 and we ought to look at changing that policy. Lehman: Okay the question is, is that an item that we would like to see placed on the work session? P fab: I would. Vanderhoef: I guess I would be mom inclined to ask the Police Chief how they made the determinate of it, of an age, for this policy. Pfab: That would be a great idea for a work session. Vanderhoef: Well I'd like to hear fi.om him before we go into work session. Dilkes: I know the PCRB has talked about it. I think the draft minutes that are in the agenda include there.., some discussion on this particular order. Kanner: Yeah, I think we need to move...keep the discussion going in some way. I...hear from the Police Chief would be okay. I think a work session is warranted. Lehman: Could we...could I suggest, Steve, that we ask for a memo from R.J. as to... Kmmer: Okay. Lehman: Yes, (can't understand). And then based on that memo that we can decide whether or not we want to place it on a work session. But ask R~J. to give us... This represents only a reasonably accurate transcription of the Iowa City council meeting of January 22, 2002. //16 Page #36 Atkins: I'll get that prepared. Lehman: ...a rational as to the...because they...as to why that age was picked. Kanner: And why not 18 and under, or 17 and under? Dilkes: I believe it's related to the issue of capacity to consent and at what age one has that capacity. Lehman: Okay, but we'll hear from R.$. Pfab: But giving up the fight to be searched is a... Lehman: Can't discuss it here. We'll get a memo from R.J. and if we choose...and if we agree with the memo and we're satisfied fmc, if we're not and we wish to put it on a work session... Pfab: I don't want to discuss it but I just want to say that's a very important issue. Lehman: Well, and that's why we're talld, ng about it. P fab: Right. Complete Description January 22, 2002 Page 6 March 13, 2002 - March 13, 2005. Applications must be received by 5:00 p.m., Wednesday, February 13, The Mayor encouraged people to get involved in their community and pick up an application in the City Clerk's office.  Council Member Kanner noted the Police General Order #01-06 dealing with juvenile consent and requested a work session be scheduled to discuss changing the age to 18, a majodty of Council requested a memo from the Police Chief first before agreeing to schedule further discussion on a change; noted the staff memo regarding a traffic control light in Gilbert and Court and questioned whether any further Council action was necessary, the City Manager stated staff would proceed with a traffic count; and reported on events observing Martin Luther King Day. Council Member Wilburn stated that he would be abstaining from Council discussion and action on Aid to Agencies funding and Community Development Block Grant monies due to a conflict of interest; and noted the loss to the community with the passing of Dean Philip Hubbard, Council Member Vanderhoef noted a call from a library patron regarding parking with the construction and asked the City to move up the plan for utilization of the ramp, staff will provide a memo updating Council; reported that she would be stepping down from East Central Iowa Council of Governments (ECICOG), and the Chief Elected Officials Group and Council Member Wilburn has agreed to the appointment which will be voted on at the Johnson County Council of Governments (JCCOG) meeting January 23; and noted the recent death of Emilie Rubright. Council Member O'Donnell reported on his participation in the Elected Officials Booth for the Business Fair. Council Member Champion reported on her involvement in activities observing Martin Luther King Day including the Women for Economic and Social Justice event; and expressed concerns regarding the new procedure requiring criminal checks for all motor vehicle for hire drivers, Police Chief will provide a memo. Council Member Pfab questioned the procedure for publishing notice of zoning code amendments, the City Attorney stated a public notice is published in the newspaper but a notice is not sent to individual property owners. Council Member Kanner reported that he and Council Member Vanderhoef would be meeting with the University of Iowa Student Senate President and questioned whether it was a public meeting, the City Attorney noted that the committee was serving as an information gathering one as opposed to an advisory body and it was not subject to requirements. Mayor Lehman noted the death of Library Development Director Larry Eckholt; noted the next budget work session was scheduled for January 24 at 1:30, and encouraged Council Members to prepare a list of possible Capital Improvement Projects that could be moved; and stated he had received a letter requesting two Council appointments to work with Johnson County on the SEATS contract, Council agreed to discuss the appointments at their February 4 work session; and reported that he and the City Attorney have discussed the need to stick to discussion of the agenda items that are posted on the agenda or that are brought up to Council, and asked Council to keep their comments relative to items on the agenda. The City Manager reported that the Iowa Hawkeye Men's Basketball tern had won by four points. Moved by Vanderhoef, seconded by Wilburn, to adjourn 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all c.,o~;il Members present. //~ "'"Ernes-t-V~. Lehman, M~yor ' ' FINAL/APPROVE~ POLICE CITIZENS REVIEW BOARD MINUTES- JANUARY 8, 2002 -- ~ Discussion on ICPD General Orders 01-06 & 01-07: Watson's only question on GO#01-06 (Juvenile Procedures) was whether the age of 12 applied to homes and any other property. The Police Chief made a clarification that it shouJd read age12 and under not under the age of 12. GO#01-07 (Police Media/Relations/Public ~nfo) discusses what should and shouldn't be released to the press. The Chief explained how they formulated that order. Chief Winkelhake explained to the Board the color codes found on the General Orders. Red are high liability and very important to know. Green means that the officer should know what's in it but not verbatim. The black ones are dealt with on a regular basis and are not high liability issues. This information will eventually be on the servers and officers will be able to bring up this information in the cars. IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CI I'Y, IA 52240 (319) 356-5275 [ FAX # (319) 356-5449 TO: Steve Atkins From: RJ Winkelhake Ref: Juvenile Age Date: 29 January 2002 In the Juvenile Procedures General Order, Officers are directed to consider the age of a juvenile subject when requesting consent to search and are required to dearly explain the voluntary nature of the consent, as well as the juvenile's right to refuse the request. Additionally, Officers are directed not to request consent to search from juveniles appearing to be under the age of twelve (12). Given the intent of the Order to provide guidelines to officers for law enforcement when dealing with juveniles, the age of twelve was chosen as a reasonable age for a request to consent to search based on the following: a) twelve years of age is the age at which juveniles can be taken to Juvenile Detention; and b) age 12 is an age that a young person is believed to be able to discern right from wrong and make decision in a logical manner;, and c) caselaw concerning the issue of juvenile authority to consent to search has supported consent searches granted by juveniles as young as eight years of age. After review by the Police Department and Sarah Holecek of the City Legal Staff ~ believe that twelve is a reasonable age to utilize to the order. Marian Kart From: ProtectingChild r@aol.co m Sent: Wednesday, February 13, 2002 12:46 PM To: co u ncil~Jowa-city.org Subject: CORRECTION--Kids can't decide to [et police enter Michael Jones Predator Identification Child Protection Program Better A Millstone, Inc North Liberty, Iowa Monterey, California 800-430-5891 Being a internationally known child advocate and protection specialist, I see the need to raise on this issue. It has been a concern of ~everal year as to the amount of protection Iowa City affords its children. The rights of children are often treated with indifference, and Iowa City's Council and Police Department are no execption. Books, containing the pictures of nude children are displayed in local bookstores downtown. One store on Clinton Street does so in full view of children. The attorney general's of 35 states have filed against such displays. Children need to feel protected in Iowa City, and we must turn to the council to do that. The latest is the issue of police officers gaining entry to search by, in most opinion, terrifying a (what they think might be) 12 year old child. Is such a practice honest and above board? Of course not. I would urge the city council to thouroughlly read the editoral by the Iowa City Press Citizen from Monday, February 12, 2002. We think it says it all. It can further be addressed that at the age of 12, a child is not ready to cognitivly address such a legal question of search and seasure. This opinion is also held by the American Academy of Adolesant and Child Physciatry. Will the child of 12 be able to see the difference from a search prompted by probable cause, a police fishing trip or another red herring by the Iowa City Police Department. If this practice was done by the FBI they would probally leave a gun or laptop behind. As a parent, (thank God my son is grown) I would have to warn them never allow a police officer in the house unless a parent is home. This is true of any stranger. Anything a police officer can have or wear, a potential child molester can have or buy. If a search needs to be made, lets let the police convince a judge for a search warrent and not an innocent 12 year old. Children need to trust the Iowa City Police and not be given another reason to distrust them. If my son were 12, and the knock came to my door, "not with my child you won't". Michael Jones North Liberty Tuesday, February 12, 2002 Kids can't decide to let police enter Our Iowa City Police Department and the city's legal staff have agreed that children who appear to be 12 years old or older can give consent for officers to enter a home. THE ISSUE: Police policy now allows officers to enter a home with the consent of a child who appears to be 12 years old or older. WE SUGGEST: Children should not be making that decision. The council should hold hearings on the policy before allowing it to continue. We have a prcblem with that. They argue that many 12-year-olds are mature enough to make the decision to allow police to enter. They say they talk to the children first and inform them that consent is voluntary. They say that if the child appears to be younger than 12, they don't even ask. Finally, they say that some case law - in other words, other court cases across the country - has determined that 12 is an appropriate age for such consent. Children who are 12 years old are not permitted to vote, smoke, drink or drive. Children who are 12 are not permitted to own a home. Why would a 12-year-old have the right to determine whether to give up an adult's right to privacy guaranteed under the Constitution? This policy is a dangerous one. First, there is no protection for the children. Anyone can dress up as a police officer and knock on the door, gaining entry to do harm. Second, the image of a full-grown, uniformed and armed police officer shadowing the front door "informing" a 12-year-old about "voluntary" consent seems like a stacked deck. Whether the officer intends it, there's an awful lot of unspoken communication in that exchange that undermines the meaning of "voluntary." Third, this policy requires an officer to determine, in an extremely short time, whether a child has the maturity level to make such a decision. This requires people skills (and objectivity) that even many psychologists haven't been able to master in a lifetime. It's a lot to ask of a police officer. Finally, our officials claim that in some cities, case law has determined that 8-year-olds are qualified to let a stranger in a uniform through the door. Yes, and in some cities, children as young as 8 are also smoking and drinking. Some are supporting their families through shoplifting and drug dealing. Some have already been in the system for a few years. The harder a life a kid has, the faster that kid grows up. But hard lives, while they exist, are few and far between in a city like Iowa City that is reasonably affluent and has enjoyed the lowest unemployment rate in the state for years. There are still times when police don't need consent. Emergency calls, and suspicious or nuisance behavior called in by neighbors are two examples. Another is when social services has been alerted to the possibility that the adults in the home are not caring properly for the children. That's case law we can support. Our city staff and officers should not be the ones making the final decision. This policy is one that helps define both the needs and the character of our community. Our community elected to create a Police Citizens Review Board, values our social services, supported a proactive approach to studying racial profiling, uses public monies to support arts and music. We show these 2 priorities through the actions of our City Council. This too should be a council decision. Parents, meanwhile, need always to remember to instruct their children about answering doors to strangers. It's a lesson that is becoming more and more crucial in today's world. The council should hear the public on this issue. We believe Iowa Citians will tell them that only adults should decide which other adults should enter their homes and search their property. #20 Page #60 going to go in the parking ramp so anyway we talk about, I think, is good. Lehman: Okay. Anything else, Irvin? Pfab: No that's it. Lehman: Connie? Mike? O'Donn¢ll: Our SEATS director, Lisa Dewey, is going to be leaving and I want to wish her well. She's, I think, been a tremendous asset to the SEATS organization. And I understand she's headed down to Mississippi. But Lisa's been a big asset and I know we've all learned a lot from her so I just...I wanted to wish her well. Vanderhoef: I'll second that. Lehman: Very good. Dee? Vanderhoef: Nothing. Lehman: Ross? Wilbum: Nothing. Lehman: Steven? Karmer: A couple things. One is I wanted to announce a concert that's going to be happening with one of my favorite folk performers, Charlie King's.,.Chaflie King and Karen Brandoff. This is sponsored by Iowans for Peace with Iraq and the proceeds are to go to the Iowa Water project. It's Saturday, March 2na at 8 P.M. And if people want more information on this it's going to be at the Wesley House on Dubuque. Please call 688-9508. It should be fun time .... Kanner: ...the concert. And the issue I wanted to bring up was one that was brought up earlier about the police policy, the order that was recently released by our police chief in terms of how old one has to be before they can give voluntary consent in regard to police entrance into a property. I was wondering if we could have a discussion at a work session about how we feel about it and if there's support for moving forward on any kind of public forum around this issue. Lehman: What's your pleasure folks? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 19, 2002. Page #61 Pfab: I would like to discuss that. I'm very uncomfortable, myself, to have a child, a twelve year old child give permission to go through...ransack my place. Champion: I have to agree. Lehman: We have...how many folks what to talk about that age? We have one, you Connie, you don't think that a twelve year old should be able to give consent either? Champion: No. Lehman: All fight. Champion: I don't. Wilbum: Let's plan to discuss it. Lehman: When you get an opportunity Steve, I mean I think we have a couple other things coming up on the work session... Atkins: There's a list of things. Lehman: ...the airport meeting and obviously the power thing we've got to get...we've really got to get started on that cause that's going to be a long process. So put it on the... Atkins: Okay. Vanderhoefi Okay. Lehman: ...pending list. Vanderhoef: If we're going to put this on... O'Donnell: Get started on (can't hear) Vanderhoef: ...the agenda for talking about age twelve and consent, I would like something written from the PCRB as to what went into their deliberations. Atkins: Eleanor's office was involved too. Vanderhoef: When they reviewed this or from... Atkins: We had a lot of staff people involved in it. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 19, 2002. #20 Page #62 Champion: I know. Dilkes: You've received minutes from the PCRB that talk about this policy SO... (everyone talking at once) Vanderhoef: I got the minutes but they were pretty sketchy. Maybe there wasn't any more meat to them... Lehman: I think it was pretty well covered by staff,... Dilkes: I don't know. Vanderhoef: Okay. Lheman: ...by R.J. I mean, I think the... Atkins: If there's anything out there... Vanderhoef: If that's what it was... Champion: I want to make it clear that I don't... Dilkes: I mean, I think...I think... Champion: ...think there's anything illegal about the whole thing... Lehman: Well, we'll talk. Champion: ...I just have problems... Lehman: We'll put it on a work session. Dilkes: No...I mean... Kanner: I would like to see if we can...can we invite the police chief and the chair of the PCRB to be there as part of the discussion? Dilkes: It... lt... Champion: I guess I would like to see our discussion decide what we want to do with it. Maybe we want to throw it back at PCRB or maybe we want to throw it back at the police chief. I don't...I think we should decide... This represents only a reasonably accurate transcription of the Iowa City council meeting of February 19, 2002. #20 Page #63 Atkins: Having R.J. at the meeting is not that big of a deal. I'm sure he'd want to hear it anyway. Lehman: R.J. probably...he formulated the policy and I would be at least well to have him there. Atkins: Yeah, and he formulated the policy and consulting... Dilkes: I mean, if ifs going...if it's going to take some time to get to the item you might want to send it back to PCRB and see...I don't know how much detail they gave.., how much detailed review they gave it. Lehman: Steve, my suspicion is that's not going to show up in the next two meetings (can't understand), is it? Dilkes: Then you could have their input when you talk about it. Atkins: Can't imagine before April (can't hear) Lehman: No, there's time to ask them if we want a visit from them. Whatever of level of comfort they have with that. Atkins: Let me find out what's out there and I'll consult with you before... Lehman: All right. Atkins: (can't hear) Kanner: Thank you. Lehman: Okay, anything else Steven? Kanner: That's it. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 19, 2002. Complete Description February 19, 2002 Page 7 Council Member Kanner announced a concern sponsored by Iowans for Peace with Iraq at Wesley House March 2; and questioned a public forum to discuss the police juvenile consent to search policy. After discussion majority of Council agreed to add the juvenile consent to search policy and a joint meeting with the Airport Commission to the list of future work session items. City Atty. Dilkes stated she had been asked by Council Member Kanner at a previous meeting the election requirements for a gas and electric franchise. After review she stated the a petition signed by eligible electors equal in number to 10% of the persons who voted at the last regular City election, which would be 1,066 signatures, would force an election. Moved by Vanderhoef, seconded by Champiop~,t~o adjourn 9:45 p.m. Th.9,.~ May°r declared the m°ti°n carried unanim°usly~ ~~~i~,~ '~rne'st W. Lehman,'Mayor Marian K. Karr, City Clerk City of Iowa City MEMORANDUM Date: March 1, 2002 To: John Stratton, PGRB Chairperson From: Stephen J. Atkins, City Manager Re: Age of Consent for Search The Council has expressed some interest in discussing the recent policy which relates to consent by juveniles to search, The mayor asked that I let you know that if the PCRB wish to comment any further, you should plan to do so in the not too distant future. This item will ~ikely be scheduled for a City Council discussion sometime in April. if you have any questions please feel free to call. cc: R.J. Winkelhake, Chief of Police City Council mgdmem/juvsearch,d~c MEMORANDUM r~ POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 DATE: March 6, 2002 TO: Stephen J. Atkins, City Manager FROM: John Stratton, PCRB Chairperson RE: Age of Consent for Search I have received your memorandum dated March 1, 2002 regarding Age of Consent for Search. The Board will schedule discussion on this issue at its April 9, 2002 meeting and will promptly respond with suggestions and/or comments if any. Cc: R.J. Winkelhake, Chief of Police City Council PCRB MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 DATE: April 10, 2002 TO: Police Citizens Review Board FROM: Kellie Tuttle, Staff RE: Summer Schedule Summer is approaching and is a very busy time for everyone. I would like to have a calendar on file for each board member with his or her availability. This will make scheduling or rescheduling meetings more convenient. The regularly scheduled meetings are as follows: May 14, 2002, 7:00 P.M., Lobby Conference Room June 11,2002, 7:00 P.M., Lobby Conference Room July 9, 2002, 7:00 P.M., Lobby Conference Room August 13, 2002, 7:00 P.M., Lobby Conference Room Please use the attached calendar to mark any scheduled vacations, absences, etc. and return the calendar to the City Clerk's Office as soon as possible, or call with the dates and we can fill one out for you. If there are additional dates that you find when you are going to be unavailable, please call Marian Kart or myself and let us know so we can update your calendar. Thanks for your cooperation! ! March 2002 ~ April'20~)2 '- ~~-2~-(~-- i , 2 3 4 5 6 2 3 4,, 3 4 5 6 7 8 9 ~ 7..,L9 10 11 12 13 ~ 5 6 7 8 9 10 11 ~ 10 11 12 13 14 15 16 ~14~6 17 18 19 20 ~12 13~15 16 17 181 :~17 18 19 20 21 22 23 ~21 22 23 24 25 26 27 ~19 20 21 22 23 24 25 ~24 25 26 27 28 29 30 ~28 29 30~6 27 28 29 30 31 June 2002 I: ~ July 2002 ;::,,' I Auc~ust 2002 t 1 ¢'[ I 2 3 4 5 6 [,TIS I 2 3 1 2 3 4 5 6 7 8 8[:~r10 11 12 13 ! ~ 4 5 6 7 S 9 101 9 10r.~'/12 13 14 15 =~ 14 15 16 17 18 19 20 :~ i1112~:~14 15 16 17~ 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 =r 25 26 27 28 29 30 31 30 ~ 1 2 3 4 5 6 7 ~ ' I 2 3 4 5 ~ 1 2:~ 8 9 10 11 12 13 14 ~! 6 7 8 9 10 11 12 i;~:~ 3 4 5 6 7' 8 9 i15 16 17 18 19 20 21 i~ 13 14 15 16 17 18 19 ~ ~t10 11 12 13 14 15 16 22 23 24 25 26 27 28 17~ 20 2~ 22 23 24 25 26 1;~:: ~i 17 18 19 20 21 22 23 29 30 ~:,~ 27 28 29 30 31 :~:"i24 25 26 27 28 29 30 DISCUSSION COMMENTS BY BOARD MEMBER HORTON 4-1~-02 THE AGE OF CONSENT AT WHICH A MINOR MAY ADMIT POLICE TO A RESIDENCE When is a child not a child ? Obviously one answer won't fit all situations or all people. There are as many answers to the question as there are people answering the question. But in Iowa City the question has been answered by the creation of a policy that is now in place. It was written by the Police Department in conjunction with the City legal staff. Who else must the decision satisfy ? Obviously the City Council is seat of all authority. As far trying to define "community standards" or even determine community expectations about such matters, there is no consistency possible. One could go out on the street any day and get a dozen different opinions. Some of those opinions would be informed ones, some would be uninformed ones. Some of those opinions would be well-intentioned, some would be deliberately inflammatory. Some of those opinions would be based on the moral and intellectual backgrounds of the giver, and some would be based on ulterior motives. The intellectual baggage that we all carry from past experience would determine how we felt about the issue. There really is no objective way to poll the citizenry about the matter which would result in a meaningful result. There are always pressure groups on various sides, when considering questions like this. Some people may even take positions because of the personalities of the people on the other side of the issue. Past history of the relationships between adversaries have to be considered when evaluating the positions. Present policy (General Order Number 01-06) states "Officers should not request consent to search from juveniles appearing to be under the age of twelve". We could talk from now until the dawn of the 22nd century about a particular age. Should it be "under twelve" or "twelve and under". How can this be judged ? By appearance? By requesting a picture ID ? I taught junior high school, and I know how hard it is to judge the age of people who are in the 7th, 8th, and 9th grade age-range. Actually, no age is defensible. Any age picked is arbitrary. And besides that, age does not, by itself, bring knowledge, wisdom, logic, judgement, understanding, or common sense. Why is the age at which a person can be married different in different states ? Why is the age at which a person can be married sometimes different for females than for males ? Maturity does not come at a uniform age. Why is 18 an age that is OK for voting, while 21 is an age that is OK for drinking alcoholic beverages, but 16 may be an age that is OK for driving ? These age distinctions change from time to time and from place to place. All is arbitrary. And legally it is different from state to state. Just so is the capacity for giving consent different from person to person. For these reasons, I believe that the present policy (General Order Number 01-06) is a reasonable one, and I will not agree to any change unless the questions and matters mentioned above are settled in some meaningful way. To talk about this age or that age as being better is just bandying about with one person's opinion or another person's opinion. Nobody knows and nobody can know. A governmental agency will pick an age, and we will all live satisfactorily with that age, whatever it might be. I see no reason to change the policy that now exists.