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HomeMy WebLinkAbout11-12-2002 ICPD Reports/MemosOFFICER 55,14,93 Z1 33,32,6 33 11 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT SEPTEMBER 2002 DATE CASE # 9-1-02 2-8216 9-2-02 2-8266 9-2-02 2-8274 9-3-02 2-8300 9-7-02 2-8458 19 9-7-02 2-8467 43,45 9-7-02 2-8479 INCIDENT FORCE USED Arrest Officer observed an individual urinating in public. The subject ran upon seeing the officer. Officers caught the subject and directed him to the ground where he continued to resist. Officers used hands on controls to subdue the subject. Arrest Two subjects had committed a public offense and ran from the officer. The subjects disappeared into heavy brush. The officer drew his sidearm while searching. Armed Subject Officers responded to a report of a large fight that also involved a subject in a vehicle armed with a gun. Officers initiated a traffic stop on the suspected vehicle and drew sidearms for officer safety. Sidearms were returned to their holsters once it was determined that the subject was unarmed Warrant Service Officers were serving an arrest warrant for an individual who had history of assaulting and disarming officers. Officer drew his sidearm upon making entry into the residence for safety. Disorderly Conduct Traffic Stop Juvenile charged Officers observed an altercation and responded to investigate. One of the participants refused to cooperate and attempted to walk away. Officer attempted to detain the subject from leaving by holding his shirt. The subject then further resisted and the officer directed the individual to the ground to gain control. Subject continued to resist and was exposed to chemical agent to gain compliance. Driver failed to stop the vehicle after officer activated lights and siren. Officer pursued the vehicle. Officers received a stolen bicycle report and observed juveniles with the OFFICER DATE CASE # 36 9-13-02 2-8719 58 9-13-02 2-8764 58,19 9-18-02 2-9011 58 9-20-02 2-9086 INCIDENT FORCE USED bicycle. Juveniles would not accompany the officer to the squad car to go to the police station. Officers used hands on controls to place juvenile in the vehicle for transport. Arrest Subject was in the process of being issued a ticket for disorderly house. Subject then refused to sign the ticket. When told he was under arrest the subject pulled away and resisted officers. Subject was directed to the ground to gain control and also exposed to chemical agent to effect handcuffing. Arrest Officers were conducting a bar check and encountered subject who was placed under arrest. Subject refused to submit to handcuffing. Officer used hands on techniques to effect the arrest. Arrest A subject threw something at officers then ran. Officer apprehended the subject and directed him to the ground. Subject continued to resist and was exposed to chemical agent. Arrest Officer was conducting a bar check and placed a subject under arrest. Subject resisted and officer used hands on techniques to effect handcuffing. 98 9-21-02 2-9145 Fight in progress While breaking up a fight between several individuals, one of the participants attempted to flee from the area. Officer caught up to the subject and directed him to the ground. 58 9-21-02 2-9147 Fight in progress Subject was interfering with officer's attempts to break up a fight between individuals. Officer attempted to expose subject to chemical agent but was unsuccessful. Subject later taken into custody without incident. 20 9-21-02 2-9149 Intoxicated person Subject was passed out in an alley. When awakened, subject became combative and attempted to strike officers with his fists. Subject was exposed to chemical agent. 34 9-24-02 2-9250 Animal Report of an injured deer in the OFFICER DATE CASE # 56,51 9-24-02 2-9270 24,98 58,14 9-26-02 2-9317 9-29-02 2-9436 INCIDENT FORCE USED roadway. Officer dispatched the animal with service sidearm. Arrest Subject was charged with a public offense and refused to cooperate. Subject became combative and was exposed to chemical agent. Officers then used hands on techniques to control subject and effect handcuffing. Arrest Subject was placed under arrest and ran from officers. Subject was then apprehended after a foot chase. Subject continued to resist and was exposed to chemical agent. Officers also used hands on controls to effect handcuffing. Fight in progress One subject resisted arrest and ran. Officer exposed this subject to chemical agent and then used hands on controls to effect the arrest. Another subject interfered with officers and refused to obey commands to step back. Officers used hands on techniques to effect this arrest. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library, Website WEAPONS Date of Issue General Order Number October 4, 2000 00-08 Effective Date Section Code October 30, 2000 SER-05 Reevaluation Date I Amends / Cancels October 2003 10102 NEW C.A.L.E.A. Reference 1.3.9-12, 33.1.5, 33.5.1 Use of Force / Training INDEX AS: Firearms Munitions Off -duty weapons Weapons Special Response Team Use of Force Less Lethal Training Field Training y SER-05.1 N I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. SER-05.2 III. DEFINITIONS Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Range officer shall be responsible for all aspects of firearms training including the inspection, evaluation, maintenance of and repair of all firearms authorized for use by the Iowa City Police Department. The Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets and all supplies needed for the operation of the firing range and duty use. Range Instructor - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Range Officer, Training Officer and approved by the Chief of Police or designee. Armorer - Sworn member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment in tactical situations. Authorized Automatic Weapon - Any department issued automatic weapon which the officer has met approved levels of proficiency in firearms qualification training. Projectile Launcher - Any department issued launcher with which the officer has met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application which meets operational objectives, with less potential for causing death or serious -injury%than; conventional police tactics. Subject - The person who is the focus of the police operation. Official color of duty - Any action taken by a sworn officer whether On or aft duty pursuant to his/her status or authority as a police officer and within the scope d their duties. Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. SER-05.3 Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or.designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty without the express written permission of the Chief of Police or designee. IV. PROCEDURES - A. GENERAL FIREARMS REQUIREMENTS i 1. All on -duty sworn personnel, whether in uniform or non -uniform, shall be- armed with a departmentally issued duty handgun. - w a. Exceptions ro - i. Officers operating in a status where possession of a firearm` would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. I.e. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non -uniform administrative assignments while performing that assignment. iv. Officers on 'light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on -going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Range Officer, "Quartermaster" (individual chemical and impact weapons), Training Officer or SPIT supervisor, as appropriate. a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical. 3. Non -uniformed on -duty officers carrying a firearm in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. SER-05.4 4. Whether on or off -duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. iii. When in the department issued Class A or Class B uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off -duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off - duty, it shall be concealed from public view. An officer electing not to carry a handgun while off -duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. The carrying of a personal backup firearm is prohibited. 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10. While on -duty, officers shall carry their handgun fully loaded. (Le. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) 11.Long guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. 12.Only magazines authorized by the department maybe used in a firearm. 13.Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14.Officers shall not carry any firearm under the following circumstances: a. The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. c. While consuming alcoholic beverages or taking medication that impairs physical or mental ability. SER-05.5 15. Probationary officers shall carry weapons as directed by Field Training protocols. B. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non -law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. C. AUTHORIZED HANDGUNS 1. On -duty handgun, uniform duty r a. An approved on -duty handgun for uniform duty is any department 1 issued handgun as approved by the Chief of Police. J b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double -action only or decock-only models. Single-action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) round minimum. v. Handguns shall be carried in department authorized holsters. 2. On -duty handgun, non -uniform duty a. An approved on -duty handgun for non -uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double -action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. SER-05.6 v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely secure their weapon. 3. Off -duty Handguns a. An approved off -duty handgun is any department issued handgun or personally owned handgun meeting the following requirements. i. Criteria for personally owned, off -duty handguns a) .380 ACP or larger b) .45 ACP or smaller c) Annually inspected by a departmental armorer or firearms instructor. ii. Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi -automatics shall be carried according to manufacturer specifications. Semi -autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five round minimum. V. The handgun shall be concealed and carried in a secure manner. (This does not include transportation of the weapon to and from the officer's residence and the PD.) 4. Authorized Automatic Weapons a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member, shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 5. Authorized Shotguns a. An approved shotgun is any department issued shotgun. 6. Authorized Rifle a. Specified SRT personnel may be authorized to carry � depapt rent issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. SER-05.7 8. Firearms Records a. The Range Officer by the Department include: shall maintain a record for each firearm approved for use under official color of duty which shall L Initial date of service <-> ii. Description iii. Manufacturer and Caliber iv. Serial number =_ v, Repair, service and modification history vi. Officer and date issued vii. Proficiency qualification scores and dates. a. Proficiency qualification scores/dates shall be forwarded Training Unit. to) the b. A copy of the firearm record shall be provided to the Commander of Field Operations. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Range Officer shall be notified in writing of all modifications or repairs. Documentation shall be kept on file with the primary Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued or Department approved personally owned firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. b. Each repair or service transaction shall be documented and recorded as required in section 9. ii. above. 11.Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department issued ammunition. This ammunition shall not be modified in any way. b. The Range Officer shall be responsible for issuing all ammunition for all officers of the Department. SER-05.8 i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be approved by the Chief of Police or designee. iv. All ammunition carried in a department approved, personally owned off -duty firearm shall be approved by the Chief of Police or designee. 12. Firearms Proficiency, Training and Testing N _' Courses of fire and tests designed to require the officer `.demonstrate . --, accuracy, safety, functionality and maintenance of the firearms :the officer-' carries or uses and knowledge of laws and departmental,=fequ14ns concerning the use of force and weapons shall be required on_an annual basis. 1� a. All persons utilizing range facilities shall follow the direction of the Range Officer/Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: i. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the officer on accuracy. iii. Shoot/don't shoot targets that represent the need for an officer to react appropriately. iv. Firearms Training System (FATS) f. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. SER-05.9 i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Range Instructor conducting the firearms training shall complete records documenting all firearms training for -each officer. These records shall be retained by the Training LMit.. k. All firearm instruction, training and qualification shall be pi6�idec'Cby a, certified instructor. Li, 13. Less Lethal Impact Projectiles a. There are many projectiles considered "less lethal". The primarytypes J used by the Iowa City Police Department are: i. "bean sock" round - 12 gauge H. non -flexible - 37mm round b. Only rounds purchased by the department may be deployed. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. 14.Impact Weapons Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. SER-05.10 b. Officers will complete annual in-service training in the use of impact weapons. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer. Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. a. Uniformed and non -uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper ., spray must be authorized by the Commander of Field perati, or designee. Examples of other agents and deployment me s in'lude but are not limited to: _ i. 12 Gauge chemical munitions cii ii. 37 mm chemical munitions iii. Foggers y 16. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. 17. Less Lethal/Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The SRT is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: i. Type of weapon/munitions ii. Manufacturer iii. Model number if any iv. Serial number if any v. Number of units (munitions) vi. Address and location of storage vii. Name of personnel issued to. b. All weapons shall be inspected and found acceptable for use by the unit supervisor prior to deployment. SER-05.11 18. Proficiency Records At least annually, each employee shall receive in-service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor and the Commander of Field Operations of the employee's remedial training status. i. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. ii. The employee may be temporarily re -assigned to administrative duties pending successful completion of training and certification. iii. Upon a third failed attempt to qualify with the weapon, the weapon system instructor shall forward copies of the officer's training record to officer's supervisor for possible administrative action. Winkel hake, 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 basis for departmental administrative sanctions. �j iJ Ci I OPS-03.1 USE OF FORCE Date of Reissue General Order Number April 28, 2001 99-05 Effective Date Section Code April 21, 1999 OPS-03 Reevaluation Date Amends/Ganoels - u April2003 5/02 95-03 - -- C.A.L.EA. Reference 1.3.1-1.3.8, 1.3.13 y INDEX AS: Use of Force Use of Force Model Arrests I. PURPOSE Reporting Canine Warning Shots w w r� Significant Force Investigation The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non -deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to effectively bring an incident under control, while protecting the lives of the officers and others. OPS-03.2 III. DEFINITIONS Definition - Deadly force (Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. Definition - Serious injury (Section 702.18 Code of Iowa) Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Definition - Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety -of a third party, or requires one to abandon or retreat from one's dwellirio or place of business or employment. Definition - Reasonable officer: Objective Standard - 1. "The 'Reasonableness' of a particular use of force must be folged from the perspective of a reasonable officer on the scene rather tt3on wiW the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) OPS-03.3 Definition - As used in this policy, "less lethal munitions" Means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES DEADLY FORCE i A. Purpose of statement y 1. To delineate the Department's policy regarding the use of deadly forcce. 2. To establish policies under which the use of deadly force is permissible. B. Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this OPS-03.4 purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him/herself or others from what he/she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person used or threatened to use deadly force in committing a felony, and b: the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. 4. No distinction shall be made relative to the age of the intended target. 5. Warning shots by officers of the Iowa City Police Department are prohibited. 6. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 7. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: a. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. b. As a last resort to prevent death or serious injury to officers or other persons. c. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the_risk of ` causing vehicle accidents. Q C. Injuries resulting from Use of force. i 1. Officers shall render appropriate first aid to any person `injured'. or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of approphate medical treatment when: a. Requested by the subject(s) involved. b. The extent of an injury is unknown or not visible. c. The nature or extent of the injury dictates. Officers shall error on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. D. Surrender of firearm. OPS-03.5 When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. LESS LETHAL FORCE A. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which non -deadly technique will best de- escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. B. Definition -Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. Use of force by an officer is justified in, but not limited to, the following situations: = 1. To protect the officer or others from physical harm. 2. To control an arrestee or a potentially violent person. 3. To restrain or subdue a resistant individual. 4. To bring an unlawful situation safely and effectively under control. C. Officers shall use no more force than the officer reasonably believes is necessary to effect an arrest, defend any person from bodily harm while making an arrest, or maintain the custody of an arrested individual. OPS-03.6 D. Officers shall render appropriate first aid or ensure medical treatment is provided to any person injured or complaining of pain following the use of force. A. Any officer whose discharge of a firearm results in a serious injury or death shall immediately contact his/her supervisor. If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. b. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 2. The County Attorney of the county in which the incident occurred) 3. The City Attorney. 4. The City Manager. _ w 5. The Criminal Investigation Commander or his/her designee. B. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. REPORTING USE OF FORCE INCIDENTS A. Discharge of Firearms -report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following circumstances in which no accident or injury results: 1. The discharge of firearms on firearm ranges or in an area for firearms practice. 2. Sporting events to include lawful hunting and organized shooting matches. B. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is OPS-03.7 seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. The Watch Supervisor must be notified, however, immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. The committee shall consist of a Division Commander, the Sergeant of Planning and Research and/or Training Sergeant, and a third person designated by the Division Commander. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents, with the exception of the destruction of animals, shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any `use of force incident will be included with an incident report. The report(slsfall contain, the following information: a. Arrestee/suspect information. b. Case/incident number(s), date and time of incident, and reporting* - officer. c. Description of actual resistance encountered. y d. All required fields completed in Use of Force report. e. The force used by the officer to overcome the resistance and the specific weapon or technique used. f. A description of any alleged or actual injuries to either the officer or suspect. g. Pictures taken of any injuries to either the officer or suspect. OPS-03.8 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E. At a minimum, the Chief of Police and/or designee will review all reports and incidents of force annually. A review of reports and incidents of force could reveal patterns or trends that indicate training needs and/or policy modifications. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY A. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. B. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involve" swom'lowa City police officer occurs in another police jurisdiction, the`>pfficew ',shall cooperate with that jurisdiction, as set forth in Iowa City Police" 6epartmenf-i directives. D. The on -duty watch commander/supervisor shall ensure that app{opriatease __ reports are initiated and that potential evidence is preserved. C.J E. The officer(s) involved in the death or serious injury may be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: 1. The officer shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer must receive permission from the Chief of Police, or the Chief's representative, prior to leaving the metropolitan area. If such permission is given, the officer shall supply phone number(s) of their location and duration of their absence. 2. The officer will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer from discussions with their OPS-03.9 attorney, The officer will attend post -traumatic stress counseling at the discretion of the Chief of Police. 3. At the discretion of the Chief of Police, the officer may be returned to duty upon departmental receipt of a letter from the counselor or mental health professional indicating the officer's fitness for duty. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer has acted improperly, but is designed to safeguard the officer and the Department. G. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guic!E#i es. USE OF FORCE MODEL —; u, A. Police officers are given the unique right to use force, even deadly force,__;_i against others for legitimate law enforcement purposes. The right -to use:force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the poKes, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, 'tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those' which have been previously identified and approved by the Department. C. Reasonable officer's perception/Reasonable officer's response (see attached matrix) OPS-03.10 R. J. 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 claims. Violations of this directive will only form the basis for departmental administrative sanctions. C „ 1 W OPS-03.11 LEVEL ONE Perception - Subject is compliant Response - Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE • '• USE OF FORCE MODEL — FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS MENTAL PREPARATION > > > PERCEPTION SKILLS RISK ASSESSMENT SURVIVAL ORIENTATION SPATIAL POSITIONING > > > OFFICER STANCE BODY LANGUAGE RELATIVE POSITIONING COMMUNICATION SKILLS > > VERBAL NON—VERBAL HANDCUFFING POSITIONS > > > > WALL STANDING PRONE KNEELING Q HANDCUFFING TECHNIQUE > CONTROLLED SEARCHING TECHNIQUES > > > > WALL STANDING PRONE �a KNEELING -- SPECIALIZED TECHNIQUES > > > OPPOSITE SEX FRISK STRIP ARREST TECHNIQUES > > SINGLE OFFICER MULTIPLE OFFICERS ESCORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS TRANSPORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS OPS-03.12 LEVEL TWO Perception - Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE RESISTANT PASSIVE LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT > MULTIPLE SUBJECTS > ARM CONTACT CONTROLS > WRIST > HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES > TRANSPORT TECHNIQUES OPS-03.13 LEVEL THREE Perception -Subject is actively resistant Response - Compliance techniques (includes: neuro-muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT Active LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE OTHER WEAPONS > BICYCLE CANINE CONTROL/APPREHENSION TECHNIQUES BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES OPS-03.14 LEVEL FOUR Perception - Subject is assaultive and likely to cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE(Bodily Harm LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, 11, III > > PERSONAL WEAPON DEFENSES > > > HEAD HANDS ELBOWS FEET KNEES IMPACT WEAPONS ASP > STRIKES > LESS LETHAL WEAPONS > > IMPACT PROJECTILES CANINE OPERATIONS OTHER OPTIONS WEAPON RETENTION TECHNIQUES (Less Lethal) > > > FRONT REAR SIDE r.7 c,n c.� OPS-03.15 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE LEVEL V DEADLY FORCE Serious Bodily Harm/Death ENFORCEMENT ELECTIVES; I, II, III & IV > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK O - LEG-04.1 `SEARCH AND SEIZURE Date of Issue General Order Number January 10, 2000 00-01 Reevaluation Date I Amends / Cancels January 2004 10102 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. II. 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 ""�' f ?J r,'` 3: 4 A. Constitution of the United States of America: lil" 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. 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. LEG-04.3 D. Stop and Frisk: 2 G, 23 F 1. An individual may be frisked for weapons if an offidbrylas4an articulable concern for his/her safety. Q T'r 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 ill R. . 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 claims. Violations of this directive will only form the basis for departmental administrative sanctions. N r� r � _'r ^J PER-04.1 TEMPORARY/ LIGHT DUTY Date of Issue General Order Number 10/30/02 02-01 Effective Date Section Code 10/30/02 1 PER-04 Reevaluation Date Amends/Cancels OCTOBER 2003 1 NEW C.A.L.E.A. Reference INDEX AS: Light Duty Temporary Light Duty FMLA Injury I. PURPOSE The purpose of this order is to establish the authority for granting temporary light -duty assignments and to establish procedures for granting temporary light duty to eligible officers and civilian personnel within the department. POLICY imporary light -duty assignments, when available, arei fo( officers and othe[ eligible) )rsonnel in the department who, because of injury, illness or disability,; are temporarily) of on it is PER-04.2 III. DEFINITIONS '''-'' Eligible Personnel: For purposes of this policy, a sworn or civilian member, suffering from medically certified illness, injury or disability, who is temporarily unable to ipe1orm their regular assignment but is capable of performing alternative assignment��_)V!! Family Medical Leave Act (FMLA): Federal law providing for up to twelve (12) weeks of annual unpaid leave for eligible workers, for their own serious health condition or other situations as outlined in the law and the City's FMLA policy. IV. PROCEDURE A. GENERAL PROVISIONS 1. Temporary light -duty positions are limited in number, task, variety, and availability. Therefore: a. personnel injured or otherwise disabled in the line of duty shall be given preference in initial assignment to light duty; and b. assignments may be changed at any time, with concurrence of the treating physician, if deemed in the best interest of the employee or the agency. 2. This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, collective bargaining agreement, or other federal or state law. 3. Assignment to temporary light duty shall not affect an employee's pay classification, pay increases, promotions, retirement benefits or other employee benefits. 4. No specific position within the Department shall be established for the use as a temporary light -duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary light duty. 5. Light -duty assignments are strictly temporary and normally will not exceed 60 days in duration. After 60 days, personnel on temporary light duty who are not capable of returning to their original duty assignment shall: a. Present a request for extension of temporary light duty, with supporting documentation, to the Chief of Police or designee. b. Pursue other options as provided by employment provisions under federal or state statute. 6. Officers on temporary light duty are strictly prohibited from engaging in outside employment in which that officer may reasonably be expected to perform law enforcement functions which they have been determined physically or mentally unable to perform on behalf of the department. 7. Officers/employees who are medically prohibited from performing their regularly assigned duties may not engage in outside or "off -duty" employment until approved by the Chief of Police. Officers/employees shall provide the Chief of Police documentation from their attending physician stating that the outside / off -duty employment is medically permitted. 8. Depending upon the nature and extent of the disability, an officer on temporary light duty may be prohibited or restricted from wearing departmental uniform, carrying a weapon or otherwise limited in employing PER-04.3 i police powers as determined by the Chief of Police so long as such I Tinitk6i�talre consistent with this policy. 9. Light -duty assignments shall not be made for disciplinary purposes. C Offacers'e ployees who incur a duty -related injury and refuse a temporary- �� t llighf duty`lAssignment may be subject to loss of Chapter 411 or Worker's Compensation benefits. However, such officers/employees may be covered by FMLA provisions with respect to obtaining leave, whether paid or unpaid, per City FMLA policy. B. TEMPORARY LIGHT -DUTY ASSIGNMENTS 1. Temporary light -duty assignments may be drawn from a range of technical and administrative areas that include but are not limited to the following: a. administrative functions (e.g. report review, special projects) b. clerical functions (e.g. filing) c. report taking (e.g. telephone reports) d. communications 2. The Office of Chief of Police shall maintain an inventory of available job assignments that may be used for temporary light duty. 3. Decisions on temporary light -duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's skills, knowledge and abilities; availability of light duty assignments; and the physical limitations imposed on the officer. 4. Every effort shall be made to assign officers/employees to positions consistent with their rank and pay classification. However; where deemed appropriate, personnel may be assigned to positions designated for personnel of lower rank or pay classification. Officers/employees thus assigned shall: a. retain the privileges of their rank but shall answer to the supervisory personnel of the unit to which they are assigned with regard to work responsibilities and performance; and b. Retain the pay classification and related benefits of the position held prior to their assignment to temporary light -duty. C. REQUESTS FOR AND ASSIGNMENT TO TEMPORARY LIGHT DUTY 1. Requests for temporary light -duty assignments shall be submitted to the officer's / employee's immediate supervisor. Requests shall be accompanied by a statement of medical certification to support a requested reassignment, which must be signed by the treating physician. The certificate must include an assessment of the nature and probable duration of the disability, prognosis for recovery, nature of work restrictions and an acknowledgement by the health-care provider of familiarity with the light -duty assignment and a statement that the employee can physically assume the duties involved. 2. The request for temporary light duty and the physician's statement shall be forwarded to the Office of Chief of Police. The Chief of Police or designee may consult with the City's Personnel Administrator and/or other City Department prior to making a determination regarding the assignment to temporary light -duty. PER-04.4 a. The Department may require the employee to submit to an independent medical examination by a health provider of the Department's choosing. In the event the opinion of this second health care provider differs from the foregoing health provider, the employee may request a third opinion 0 UC�!''t the employer's expense. b. The employee and representative of the Department shall cooperate and act in good faith in selecting any third health-care provider, and both parties shall be bound by that medical decision. 3. Employees not on FMLA leave, who have not requested temporary light -duty may be recommended for such assignment by submission of a request from the officer's/employee's immediate supervisor or unit commander. Such request must be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary light - duty or by a request / order for a medical or psychological fitness -for -duty examination. a. Notice shall be provided to the employee of the proposed temporary light - duty assignment together with justification for the recommendation. b. The employee may challenge the proposed reassignment using established grievance procedures. c. Pending results of a grievance procedure, an employee may be reassigned if, in the opinion of Chief of Police or designee, failure to reassign may jeopardize the safety of the officer, other employees, or the public. 4. As a condition of continued assignment to temporary light -duty, officers may be required to submit to monthly physical assessments of their condition. D. PREGNANT OFFICERS 1. Pregnant officers/employees are eligible for temporary light -duty assignments as available and as appropriate to their physical well being. 2. Where appropriate temporary light -duty assignments are unavailable, pregnant officers may pursue other forms of medical, disability or family leave (FMLA) as provided by federal or state statute, or contract. 3. On a monthly basis, pregnant off icers/employees• on light -duty shall submit a physician's medical certificate that document: a. the officer's physical ability to perform the present assigned duties, b. the physician's appraisal that the type of work being performed will not injure the officer/employee or her expected child, and c. any recommended duty restrictions or modifications including temporary light -duty. 4. Pregnant officers/employees shall be permitted to continue working on regular duty or temporary light -duty assignments as long as they present monthly physicians certificates or until such time as a physician recommends that work be curtailed. PER-04.5 hIlWinkelhalke, Chief of Police WARNING This directive is for departmental use only and does not a I poly in any criminal or civil' proceeding. The department policy sh oUld, hot be. construed as�acreatio'h-of A hfgher� legal standard of, safety or care in,ai) evidentiary sense With rosp I 66t 'to' third-p rtjr claims. Violations of this directive Will only form' the basis' for departmental; administrative sanctions. OPS-02.1 �:r._ I � (7: f G _ ,i u .r; POLICE VEHICLE PURSUITS Date of Issue General Order Number February 10, 1999 1 99-01 Effective Date Section Code March 1,1999 1 OPS-02 Reevaluation Date Amends/Cancels August 2003 6/02 90-01 OPS-02 C.A.L.E.A. Reference 1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 See Index INDEX AS: Use of Force Vehicle Pursuits Reports 1. PURPOSE Tire Deflation Devices It is the purpose of this policy to state the guidelines to be followed during vehicular pursuits. II. POLICY The initiation of a pursuit is justified when, in the officer's judgement, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must continue throughout the course of the pursuit by the officer and his/her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. OPS-02.2 III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. 2. The driver of any authorized emergency vehicle, may: a. Park or stand an authorized emergency vehicle, irrespective of 0 the provisions of this chapter. b. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route - ` that conforms to the traffic laws and regulations is available. J63. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. b. Exceed the maximum speed limits so long as the driver does not endanger life or property. 4. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433, or a visual signaling device approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted_ under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. 5. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect. OPS-02.3 IV. PROCEDURES E_ U—, A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuits are: 1. Time of day - high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. Volume of vehicular traffic - pursuits occurring during periods of =s heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit - pursuits through residential areas or along c� streets near or adjacent to schools are normally more hazardous C than those in lightly populated areas. 4. Weather conditions. 5. Road conditions. 6. Speed involved 7. Nature of the offense - pursuits for persons suspected of involvement in felonies are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. 8. The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. 10. Can the offender be identified and therefore apprehended by other means? B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: OPS-02.4 PURSUIT DECISION MATRIX GUIDES LOWER RISK 1. Marked vehicles 2. Straight roads, good surfaces, clear line of sight 3. Few intersections 4. Few or no pedestrians 5. Good weather 6. No hazardous maneuvers by violator 7. Speeds at or less than 20 m.p.h. over the posted limit 8. Officer is calm and in control 9. Lack of special circumstances (i.e., school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2. Light pedestrian traffic 3. Moderate traffic, little congestion 4. Speeds 20 m.p.h. greater than the posted speed limit 5. Officer generally calm, under control 6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass vehicles, sudden lane changes) by the violator. HIGH RISK 1. Frequent intersecting streets (i.e., a business district) 2. Poor weather, slippery streets, low visibility 3. Blind curves or intersections, narrow streets 4. Numerous pedestrians 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. 7. Extremely hazardous maneuvers (i.e., driving against oncoming traffic; failing to stop for red lights) by the violator 8. Numerous vehicles in pursuit 9. Officer excited, not in full control of emotions 10. Existence of special circumstances (i.e., school zones, hospitals, etc.) NOTATION The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. OJ y� .� OPS-02.5 PURSUIT DECISION MATRIX HIGH RISK Violent Felony - Imminent Threat May Pursue Continue to Assess Risk May Pursue Continue to Assess Risks May Pursue. Discontinue if Risks Exceed Known Threat to Public Safety if Capture is Delayed. Felony - Violent Crime May Pursue Continue to Assess Risk May Pursue Continue to Assess Risk O May Pursue. Discontinue if Risks Exceed Known Threat to Public Safety:jfi�Captars is Delayed S n N OPS-02.6 Felony - Property Crime May Pursue Continue to Assess Risk May Pursue Continue to Assess Risk O Discontinue or Do Not Pursue Misdemeanors, and Traffic Violations That Are Safety Related May Pursue - - � 1 Continue to Assess Risk _% Discontinue or Do Not Pursue ` Discontinue or Do Not Pursue v Minor Infractions That Are Not Safety Related Do Not Pursue Do Not Pursue Do Not Pursue C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Dispatcher by the initiating officer. The initial information will include: 1. The reason for the pursuit 2. The location, speed, and direction of travel 3. The description of the fleeing vehicle, including license plate number. 4. The number of occupants and description of occupants if observed. 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities - Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. The communications center will have the following responsibilities: 1. Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non -emergency radio traffic to stand by and give the pursuing officer priority use of PD1. The ECO will advise the pursuing officer of any pertinent information concerning the area of the pursuit. 2. Notify a watch commander/supervisor of the pursuit in progress. OPS-02.7 3. The ECO shall record on the CAD log all the information furnished by the officer during the pursuit. c.; As long as the pursuit is continued, the ECO will manage the pursuit communications by re -broadcasting transmissions of _ 0 relevance to other units involved. -5. Contact surrounding agencies and advise them of the pursuit. We J---�' do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. 6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7. As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. E. Supervisory Responsibilities 1. A supervisor shall assume control of all pursuits. This can be accomplished through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing suspect, tactics to stop the fleeing vehicle, and coordination of all officers. 4. Supervisors shall intervene and correct any misuse of police personnel involved in the pursuit. 5. The supervisor may, at any time, order the termination of the pursuit when, in their judgement, the necessity of apprehension is outweighed by the level of danger created by the pursuit. 6. Supervisors shall also assure that sufficient patrol strength is maintained within the city to handle routine calls for service. 7. The supervisor in charge of the incident shall approve any special tactics to stop the vehicle. OPS-02.8 F. Pursuit Tactics NOTE. Pursuit at high speeds under the best of conditions is an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following are some possible alternatives to consider when determining methods of stopping the fleeing vehicle. cv 1. Consider alternatives, through radio communication and the r "C assistance of other police officers. A determination should be - made as to whether the offender can be identified and apprehended later. 2. Give the offender an opportunity to stop by placing a patrol vehicle s alongside the road with pursuit lights on and an officer in a safe location directing the suspect to stop. 3. Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle. Remember to clear the road and select a safe location. 4. Use tire deflation devices to bring vehicles to a controlled stop. 5. Do not use the spotlight focused on the back window of the pursued vehicle. 6. Stationary roadblocks - because of the inherent danger of the use of stationary roadblocks in pursuit situations, it is the policy of this department that stationary roadblocks will be used for the purpose of stopping fleeing vehicles only: a) As a last resort, in those exigent cases where the use of deadly force would be justified to prevent injury or death to the officer or other persons, a stationary roadblock may be considered. If suitable materials such as construction barricades are not available, unoccupied police vehicles with emergency lights in operation may be used, as directed by the watch commander/supervisor. b) Stationary roadblocks will only be set up with the authorization of the supervisor in charge of the incident. To avoid creating an unnecessary hazard to pursuing officers and innocent persons, the roadblock will be located in an area of high visibility which provides a safe stopping distance for oncoming traffic. Under no circumstances will roadblocks be barricaded by occupied or private vehicles and all efforts O PS-02.9 will be made to remove private vehicles from the path of the pursuit. 6. Moving roadblocks are prohibited without the express authorization of the supervisor in charge of the incident. 7. Ramming will only be considered to stop a fleeing vehicle as a last resort, and then only in those extreme cases where the use of deadly force is justified to prevent injury or death to the officer or U other persons. The officer must consider the extreme danger to f" himself/herself, occupants of other vehicles and other users of the roadway. Permission to make deliberate contact with the offender's >>"= fleeing vehicle will be received from the supervisor prior to initiation - of the act. ' U r8. Specialized Police Vehicles -- a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, i.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate until marked police units arrive. 9. Following the Fleeing Vehicle a) All units will be spaced in such a manner to allow time to react to evasive maneuvers of the fleeing vehicle or another police vehicle. Officers will not pursue the fleeing vehicle the wrong way on interstate or controlled access roadways, or one way streets, unless specifically authorized to do so by a supervisory officer. 10. Aid to Outside Agencies a) Whenever units of another law enforcement agency are engaged in a pursuit and request assistance form the Department, the requesting agency shall advise the emergency communications center of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in a pursuit, it will be the responding OPS-02.10 officer's responsibility to advise communications of the request. b) The watch commander/supervisor is to be made aware of the request to aid in a pursuit and the circumstances surrounding it. The watch commander/supervisor must approve the request before any action is taken. 11. Firearms cer a) Except under the following circumstances, shooting from or } at a moving vehicle is prohibited. (1) When an occupant of the fleeing vehicle is utilizing dead) force against the police officer or other persons. Y 9 P (2) As a last resort to prevent death or serious injury to the officer or other person(s). 4- (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. 7 b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. 12. Number of Pursuit Vehicles a) The pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. TERMINATION OF PURSUIT A. Pursuit shall be terminated under any one of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2. Upon the determination of the pursuing officer or supervisor that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non-violent felony and the identity of the violator is known. OPS-02.11 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by, a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non-violent felony. 6. When there is an equipment failure involving the emergency lights, c" siren, radio, brakes, steering or other essential mechanical equipment. Vhile not necessarily dictating immediate action, serious and continuing 'consideration should be given to termination of a pursuit under the �Jollowing conditions: U #. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as, at rush hour or in the area of any school. C. The termination of a pursuit does not prohibit following the pursued vehicle at a safe speed or remaining in the area to re -initiate contact if circumstances dictate. REPORTING A. The pursuing officer and watch supervisor will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The report shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures. 3. Were there other units involved and did they follow procedures. 4. Did communications perform their responsibilities. 5. Did supervisors perform their responsibilities. 6. Was force used to stop the vehicle, i.e. roadblocks or controlled stopping devices. 7. Were procedures followed regarding termination of pursuits. OPS-02.12 B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be completed. D. As a vehicular pursuit is deemed a "use of force", the Department's Use of Force policy and Use of Force continuum apply to vehicular pursuits. kelhake, Chief of Police o L - - v y �, 0 LEG-02.1 ARRESTS Date of Issue General Order Number October 11,1999 99-11 Effective Date Section Code October 15, 1999 LEG - 02 Reevaluation Date Amends/Cancels October 2003 6102 C.A.L.E.A. Reference 1.2.5, 1.2.6, 1.2.7 O INDEX AS: `r Use of Force 7) Arrests Citations Discretion Prisoner Transport Domestic Abuse D c, I. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. C� O} LEC=02.2 w III. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. Arrest is the taking of a person into custody when and in the manner authorize' d by law, including restraint of the person or the person's submission to cUstody.' IV. PROCEDURES ARREST WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest without a warrant under the following conditions. A peace officer may make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable ground for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable ground for believing that an indictable public offense has been committed and has reasonable ground for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. 1. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force reasonably necessary to effect the arrest. Prisoners shall be treated with appropriate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be provided when the arrestee is injured or complains of injury. ARREST/CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject. (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles.) Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, LEG-02.3 shall include but shall not be limited to all of the following: (see 805.1(3)(b) Code of Iowa) A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person. (see 805.1(3)(c ) Code of Iowa) Additional factors to be considered in the formulation of guidelines relating to the issuance of citations for other offenses for which citations are authorized shall include but shall not be limited to all of the following concerning the person: A. Place and length of residence. O B. Family relationships. D C. References. '' `— D. Present and past employment. r,— E. Criminal record. -- F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response tociYatiorr. D o Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS All persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. LEG-02.4 TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn him/herself in; B. advise the ECO of the location of the charge(s); C. fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any un-served warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter>804 Qbth Code of Iowa. Section 804.6 of the Code of Iowa is as follows:_J Persons authorized to make an arrest. D c� An arrest pursuant to a warrant shall be made only by a peace officer; in-61her cases, an arrest may be made by a peace officer or by a private person as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. warrants for persons known to be violent or potentially dangerous; 2. felony warrants 3. warrants for indictable offenses; 4. non-violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. LEG-02.5 E. All warrants shall be served by sworn officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers should activate their In Car Recording Device when serving the warrant. H. Officers shall notify the ECO of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: 1. obtain the permission of a watch supervisor; 2. advise the ECO of the action; 3. contact the local agency with jurisdiction and request the p1,esenc2�of a-- local officer during the arrest. -- i USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, Which nary be used when making an arrest. In addition, members of the Iowa City Mlice Department shall be guided by departmental Use of Force directives when executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law and the circumstances of the particular incident. LEG-02.6 B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. 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 Iof'A higher legal standard of safety or care in an evidentiary sense with respect to thirdparty' claims. Violations of this directive will, only form the basis for departmental 'administrative sanctions. -73 !� C y 1 N LEG-03.1 issue FIELD INTERVIEWS AND "PAT -DOWN" SEARCHES - General Order Number Effective Date Section Code October 18, 1999 LEG-03 Reevaluation Date Amends/Cancels October 2003 10/02 C.A.L.E.A. Reference 1.2.4, 41.2.4 INDEX AS: Field Interviews Field Information (FI) Cards Pat -Down Searches Searches 1. 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-03.2 111. 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 criminak activityhas been, is being or is about to be committed. IV. PROCEDURES A. FIELD INTERVIEWS 1. Justification for conducting a Field Interview - Officers may f,stop individuals for the purpose of conducting a field interview only w''ere reasonable suspicion is present. Reasonable suspicion must be more than a hunch or feeling, but need not meet the test for probable cause sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in criminal activity; b. 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 carrying a weapon; 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 him/herself as a member of the Iowa City Police Department, and if LEG-03.3 not 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 write the incident number on the FI card. Field Information Cards should be submitted to the Records Division. Upon entry of the information from the FI card into the records system, the Report Review Officer shall forward the original FI cards to the Lieutenant of Investigations. B. PAT -DOWN SEARCHES 1. Justification for conducting Pat -Down Searches: An officer has the right to--, perform a pat -down search of the outer garments of &--suspeEf fore weapons if he/she has been legitimately stopped With �'reasonable suspicion and only when the officer has a reasonable fear f: i>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. 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. LEG-03.4 d. Prior knowledge of the suspect's use of force and/or propensity to carry 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, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose 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. ;y n i -'- -- C"i — _,; :i J� G) N LEG-03.5 13A. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or ci blaiMs. Violations of this directive WlIl only form the basis for departmental administrative sanctions. rn