HomeMy WebLinkAbout12-10-2002 ICPD General OrdersLEG-01.1
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CIVIL
RIGHTS
Effective Date Section Code
May 10, 2000 1 LEG-01
Reevaluation Date Amends / Cancels
May 2003 6102 1 May 2000 issue
C.A.L.E.A. Reference
1.2.3
INDEX AS:
Civil Rights
Rights, Civil
Rights, Individual
Arrests
Warrants
Search and Seizure
Use of Force
I. PURPOSE
The purpose of this order is to consolidate the policy of the Iowa City Police
Department on civil rights as already expressed in current Department rules,
directives, and other publications. This order will reaffirm the Department's
determination to observe, uphold, and enforce all laws pertaining to the
individual rights of each person without regard to age, race, color, creed,
religion, sex, national origin, economic status, marital status, disability, sexual
orientation or gender identity.
II. POLICY
It is the policy of the Iowa City Police Department to ensure that the civil rights of the
citizens of Iowa City are upheld. Members of the department shall ensure that all
constitutional protections are afforded those parties with whom the department is
involved.
LEG-01.2
FI1-._,
III. PROCEDURES
INDIVIDUAL RIGHTS
CIT
A. All persons are guarantal 1Apro6ctfoh against unlawful arrest and
unreasonable search or seizure. (see general order 00-01, Search and
Seizure)
B. Department personnel shall uphold these rights by:
1. Taking a person into custody only when there is reasonable grounds to
believe that:
a. An arrest warrant exists for the person, or
b. The person has committed or is committing a violation of the law.
2. Entering a private dwelling only when he/she:
a. Has in his/her possession a search warrant authorizing him/her to do
so, or
b. Has reason to believe that immediate entry is necessary to protect a
person within such private dwelling from death or serious injury, or
c. Can otherwise legally justify his/her action.
3. Taking from an individual only such property as he/she is legally
authorized to take, and recognizing that he/she is responsible and must
account for all such property.
C. When making an arrest or searching and seizing property, Department
personnel shall use only such force which is reasonable and necessary
and in compliance with departmental directives pertaining to the use of
force. (see general order 99-05, Use of Force)
D. At all times Department personnel shall:
1. Never exhibit any bias or prejudice against any group or individual.
2. Act, speak, and conduct themselves in such a manner as to treat all
persons with courtesy and with that respect due to every person as a
human being.
LEG-01.3
CITIZENS GUARANTEE
A. All persons of this country are guaranteed the right to seek redress of
grievances by:
1. Freedom of speech
2. Peaceful assembly
3. Peaceful picketing
4. Distribution of handbills providing such distribution is not in conflict with
the provisions of any City Ordinance.
B. The rights set out in paragraph A, above, while fundamental in our
democratic society, do not mean that everyone with opinions or beliefs to
express may do so at any public place and at any time. The constitutional
guarantee of liberty implies the existence of an organized society
maintaining public order, without which liberty itself would be lost in
excesses of anarchy. The exercise of these rights of free expression
must not:
1. Conflict with the governmental responsibility to keep public streets and
public facilities open and available for public use.
2. Include the use of inflammatory remarks related to any instance where a
clear and present danger of a riot against any person or group of persons
exists.
C. Every necessary resource of the Department will be employed to rapidly
and decisively enforce statutes and ordinances which provide for the
protection of the rights and property of all persons.
1. To the extent possible, Watch Commanders will assure that adequate
staffing is available to control and maintain order in every instance
where crowds have formed or are expected to form.
2. Police personnel in command at the scene of any assembly must be
aware of their responsibility to afford protection to both participants and
non -participants, and will deal with illegal acts promptly, decisively,,and
impartially.
LEG-01.4
ARRESTED PERSONS
i le:
A. All persons of this'�oi-r trV m' eepmg with our democratic processes, are
guaranteed certain b const;tgtional safeguards. These safeguards will
not be denied any, i 0o ev¢A%Ibough he/she has committed, or is
suspected of haviriq�L'omrli tte'd, a criminal act.
B. Department personnel will at all times be aware of a prisoner's rights and
shall:
1. Permit the prisoner to communicate with his/her attorney and/or a family
by making a reasonable number of telephone calls.
2. Expedite all necessary processing so the prisoner will be detained no
longer than necessary.
3. Never use force or coercion in seeking admissions of guilt or confessions.
4. Recognize and respect the prisoner's right to refuse to give evidence
against him/herself; however, there is no encroachment upon a prisoner's
rights if he/she should voluntarily supply such information.
RESPONSIBILITY
Each officer shall familiarize him/herself with the laws and Department directives
pertaining to civil rights to insure his/her:
A. Recognition of each person's civil rights and
B. Compliance with all laws and Department directives relating to civil rights.
VIOLATIONS
Violations of this policy may be the basis of disciplinary action up to and
including discharge from the Department. Egregious violations of persons' civil
rights may result in individual liability and/or criminal sanctions.
R. J. Winkelhake, Chief of Police
Yt A NrNG
This directive is for departmental use onty aria does not apply in any etimina1 or civil'
,proceeding. The department,policy should not be;oar strued As-o sti?otlori` of hiober
Icgal,standard of safety of care in an evidentiary cerise wit res td t trd �
claims. Violations of this directive will only form the basis for depiartYi`ierttsl
amini ,trative sanctions.
OPS-06.1
EMERGENCY
OPERATION OF
POLICE VEHICLES
Date of Issue General Order Number
January 23, 2001 95-01
Effective Date Section Code
January 29, 2001 OPS-06
Reevaluation Date Amends OPS-06 Issued Feb 1, 1995
January 2004 11/02 CANCELS OPS-07 SAFETY BELTS
C.A.L.E.A.
41.2.1, 41.3.1. 41
INDEX AS:
Emergency Communications
Traffic Stops
Police Vehicle Pursuits
Reference
Seat Belts
Occupant Restraints
1
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I. PURPOSE
The purpose of this order is to clarify the operation of departmental vehicles in non -
pursuit situations.
If. POLICY
It is the policy of the Iowa City Police Department to ensure that all departmental
vehicles are in safe operating condition and that they will be operated in a safe and
legal manner. When responding to a call, members will operate vehicles in compliance
with State Law and City Ordinances relating to motor vehicle operations.
III. DEFINITIONS
Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect.
OPS-06.2
IV. PROCEDURES
Police vehicles responding to calls will be operated in either a routine, urgent or
emergency mode. These modes are defined as:
Routine (code 1) - Non -life threatening or property damage producing incidents.
Le. shoplifting incidents, criminal investigation reports (not in progress), loud
noise or disturbance calls, requests for service and other non -emergency calls.
Code 1 responses involve no use of either emergency lights or siren. When an
officer is operating in a routine or code 1 mode, he/she shall obey all laws and
ordinances pertaining to motor vehicle operations.
Urgent (code 2) - Immediate response, though there is no imminent threat to life
or property. Emergency siren may to be used intermittently at the officer's
discretion. Le. property damage accident with roadway blocked. Code 2
responses involve the use of emergency lights.
Emergency (code 3) - An emergency situation exists, and there is an immediate
threat to a person or property. Officer should respond with emergency lights and
siren. When operating in or responding to an emergency assignment the
following guidelines shall be adhered to. Code 3 responses involve the use of
emergency lights and siren. Emergency lights should be used at all times while
responding to an emergency assignment.
A. No unit assigned to departmental personnel shall be driven in such a
manner or at such a speed that the operator is unable to safely maintain
control of the vehicle.
B. No unit shall be driven through an intersection which is controlled by an
automatic traffic signal when the red light is showing until said unit has
slowed to such a speed that they could safely come to a stop. The officer
may then proceed with caution.
C. No unit shall be driven through an intersection which is controlled by a stop
sign, until the operator has slowed to such a speed that they could safely
come to a stop. The operator may proceed after determining it is safe to do
SO.
D. Sirens shall be used whenever necessary in the judgement of the officer
driving the vehicle. (There are many times when the use of a siren is
unnecessary and only creates confusion and draws crowds.)
E. When emergency equipment is deactivated the responding officer shall obey
all traffic laws and proceed in a manner consistent with the normal flow of
traffic.
Use of Emergency Lights - Emergency lights may be used when, in the o -rn ion ofihe
operating officer, it is necessary to stop violators and/or alert passing dr oncorn ng
drivers to dangerous situations such as accident scenes. ' _ ) 1
Once the immediate or apparent need for displaying emergency lights is over, ithey shall --T-1
be turned off. In a case where emergency lights are used to stop a violatoF they shall
be turned off after the violator is stopped and shall not be displayed during tho'writing of
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OPS-06.3
a citation or while conversing with the driver unless, in the opinion of the operating
officer, the vehicles are stopped in a position that might create a hazard.
The use of emergency lights and/or siren are dictated by the particular circumstances of
a call. In the following situations, justification for the use of lights and/or siren may be
determined by the officer:
A. Responding to a call where there is an immediate threat to person or
property.
B. Stopping a vehicle on the roadway.
C. At the scene of an accident.
D. At a traffic control assignment.
E. At the scene of a hazard or roadway obstruction.
The spotlight is primarily designed for illumination of the interior of stopped vehicles.
The spotlight shall not be used for signaling vehicles. When used to illuminate, the
spotlight should be positioned so it will not be directed at oncoming traffic.
When responding to an assignment, officers will not operate vehicles at a speed or in
such a manner that inhibits his/her ability to control the vehicle. Officers will adhere to
the basic rules of traffic safety, regardless of the nature of the assignment. Any officer
who is involved in a collision will be required to explain his/her actions. Factors which
the officer shall consider in determining the speed at which a police vehicle is operated
include but are not limited to: C
A. the officer's ability to control the vehicle; n
B. roadway conditions;
C. light conditions; F
D. traffic conditions;
E. nature of the offense or situation;
F. the danger posed to the public and the officer by the speed of theicle.G,
The ultimate responsibility for the safe operation of a police vehicle is with tl e operator
of the vehicle.
The operation of a vehicle against traffic on one-way streets or controlled access
roadways shall only be performed under the most extreme circumstances and, when
practical, permission is received from a watch supervisor.
When an officer is notified of an actual or potential emergency situation by other than
the communications center the receiving officer shall report to the communications
center the nature and location of the incident. When practical, the name of the person
who made the initial notification to the officer should be recorded.
PRIORITIZATION OF CALLS FOR SERVICE
Calls for service received by the Communications Center shall be assigned a priority
category. The priority assigned each call shall be based upon the urgency of the
incident reported, with the highest priority given to life -threatening or potentially life -
threatening situations. Calls shall be categorized and dispatched according to the
following priorities:
3
OPS-06.4
A. Priority 1:
Those calls for service that involve life threatening or potentially life
threatening situations are Priority 1 calls. The dispatch of an officer or
officers is urgent. If sufficient manpower is unavailable for response, the
Emergency Communications Operator (ECO) may call an officer en route to
or already on the scene of a call with lesser priority to respond. Examples of
Priority 1 calls include but are not limited to; life -threatening medical calls,
personal injury crashes, crashes with unknown injuries, officer(s) in need of
urgent or emergency assistance, shootings, stabbings, violent domestic
dispute calls, citizens' report of an in -progress crime against a person etc.
Officers responding to Priority 1 calls may respond in a Code 2 or Code 3
mode or a combination of both.
B. Priority 2:
Calls for service which may require an element of surprise to apprehend a
perpetrator or require a shortened response time are Priority 2 calls. Such
calls include; intrusion or panic alarms, residential alarms or bank alarms
when the business is normally open, or reports of felony property crimes in
progress. Officers may respond to Priority 2 calls in a Code 3 or Code 2
mode, or a combination of both.
C. Priority 3:
All other routine calls for service which require a timely, but non -emergency
response are Priority 3 calls. Examples of Priority 3 calls include but are not
limited to; reports of past tense incidents where a preliminary investigation is
required and a suspect is no longer present, first -aid calls which do not
involve life -threatening circumstances, property damage vehicular crashes,
person(s) in custody who are not combative. Officers shall respond to Priority
3 calls in a Code 1 mode.
D. Priority 4:
Calls for service which are of such nature that they may be taken when the
area car is available. Priority 4 calls include but are not limited to animal
complaints, parking problems which pose no traffic hazard, etc. Officers will
respond to Priority 4 calls in a Code 1 mode.
UNIT ASSIGNMENT
To the extent possible the nearest area car will be assigned as the initial unit of a
Priority 1 call and will normally respond in either a Code 2 or Code 3 mode. The next
nearest unit should be assigned as the second unit to the call. Secondary unit(s)
should consider responding in a Code 1 mode. However, if the gravity of the situation
and/or the distance to be traversed would unnecessarily delay the arrival of the
assisting unit(s), the secondary unit(s) may respond in a Code 2 or Code 3 mode. In
these circumstances, the responding officers must weigh the jeopardy their response
presents to themselves and the public. The assisting officer(s) must rerrQn mirt.Of ul of
the fact that other emergency vehicles may be responding to the arec �J" Cede 3
mode. +l
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OPS-06.5
To the extent possible, the nearest area car will be assigned as the initial unit on a
Priority 2 call and will normally respond in either a Code 2 or Code 3 mode. The next
nearest unit should be assigned as the second unit to the call. Secondary unit(s)
should consider responding in a Code 1 mode. However, if the gravity of the situation
and/or the distance to be traversed would unnecessarily delay the arrival of the
assisting unit(s) the officer(s) may elevate their response to Code 2 or Code 3.
Priority 3 calls should be assigned to an area car. If the ECO determines that there will
not be an area car available in a reasonable amount of time, the ECO may assign an
available unit from another area. To the extent possible, the complainant should be
advised by the ECO of a timeframe in which a unit will be responding. When
circumstances preclude a unit from responding in a reasonable amount of time the
ECO may set up a time convenient with the complainant for an officer to respond.
SUPERVISOR RESPONSIBILITIES
Watch supervisors have the responsibility to monitor the use of emergency response(s)
by subordinates. Supervisors have the authority to upgrade, downgrade, or discontinue
the response of a subordinate.
UNMARKED VEHICLES
Operators of unmarked police vehicles should be constantly aware of their reduced
visibility and adjust their response and tactics accordingly. While officers in unmarked
vehicles will respond to incidents, they should not be assigned as the initial unit on an
emergency call. All unmarked vehicles which are routinely used for traffic enforcement
shall be equipped with emergency lights and siren.
PURSUIT
Officers of the Iowa City Police Department engaged in pursuit shall comply with
section 321.231 of the Code of Iowa and will be governed by the Iowa City Police
Department General Order # 99-01 Police Vehicle Pursuits.
ESCORT SERVICE
At no time shall private vehicles or other emergency vehicles (law enforcement, fire
department, ambulance service, etc.) be given an escort by a member of this
department. With prior notice a watch supervisor may authorize an escort of a funeral
procession.
This section does not preclude officers from guiding 'lost' motorists, or providing non -
emergency escorts for businesses.
OCCUPANT RESTRAINT
All employees of the Iowa City Police Department are required to utilize safety belt
devices wheneverthe employee operates a departmental vehicle and shall comply with
Iowa Code 321.445 requiring the use of safety belts on all front seat occupants.
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OPS-06.6
Persons being transported in the back seat of marked patrol cars should be restrained
with a safety belt, when they are cooperative and it does not compromise the safety of
the officer(s) involved.
WARNING
is.
R. J. Winkelhake, Chief of Police
OPS-08.1
ALARM -
OPEN DOOR
RESPONSE
Date of Issue General Order Number
February 9, 1999 99-02
Effective Date Section Code
February 12,1099 OPS-08
Reevaluation Date I Amends / Cancels
February 2004 11102 Department Memo 96-66
C.A.L.E.A. Reference
1.2.4, 1.3.6, 81.2.13 See Index
INDEX AS:
Use of Force O
Supervisory Responsibility r
Building Search
Alarm I Open Door Response w
Canine Procedure ry
I. PURPOSE
y -
c-
The purpose of this policy is to define the responsibilities and duties of officers when
they respond to burglar alarms or "open door" calls.
II. POLICY
It is the policy of the Iowa City Police Department to respond to burglar alarms and
open door calls in a safe and efficient manner. When responding to these types of
calls, they shall be handled in manner, which provides maximum safety for the officer
and the public. The decision to search a building in these circumstances will be made
only after attempting to contact a representative of the building, or when a
representative is unavailable, after considering all of the circumstances surrounding the
incident. Warrantless searches shall be conducted only if circumstances justifying a
warrantless search are present.
OPS-08.2
2
111. DEFINITIONS
7i 1
IV. PROCEDURES
A. BURGLAR ALARMS —
When a member of this department responds to a burglar alarm`1he
officer should respond in a safe and reasonable manner. When
approaching the location of the alarm the officer should consider the
deactivation of emergency lights and siren if applicable. The officer
should be observant for vehicles and/or persons leaving the immediate
area. Upon arrival at the scene the officer should not park directly in front
of the location from which the alarm is coming, instead they should park
down the street from the alarm. The officer should approach the address
from as concealed a position as possible. Upon reaching the exterior of
the building, the officer should:
1. Check the exterior of the building for possible signs of a break-in.
The officer should also check for open doors and monitor the
interior of the building for suspicious activity.
2. If there are no obvious signs of forcible entry, the officer should
notify communications. The alarm company is responsible for
contacting a business representative. Upon receiving notification
from the alarm company of the key holder response, the ECO
should advise the officer if a representative is going to respond. If
the representative requests that an officer accompany them into
the building, the officer may do so with the approval of a
supervisor. This will not constitute a search.
3. If there are signs of forced entry or attempted entry, officers should
secure the perimeter of the building. When available, back-up
officer(s) should check the immediate area for possible suspects or
other buildings which may have been entered. Communications
will contact a representative of the building at the officer's request.
The representative shall be requested to come to the location
before an officer enters the building. The contact will allow officers
the opportunity to determine if anyone would be expected to be in
the building. A supervisor should respond to the scene before
entry is made.
4. If a building representative can not be contacted, a supervisor will
make the determination whether: 1) officers will enter the building
to conduct a search; 2) the building will not be entered and "extra
patrol' initiated for the building; and/or, 3) a search warrant will be
requested. Extra patrol requests will be forwarded to subsequent
watches as applicable. Regardless of the decision to enter or
secure the building, the supervisor of the day watch will attempt to
OPS-08.3
contact a building representative the next business day. The
building representative will be informed of the date and time of the
incident and be asked to complete an emergency contact card and
return it to the Police Department.
5. In instances where the building representative declines to come to
the scene, a watch supervisor may authorize a search of the
building if the building representative requests and consents to a
search.
6. In instances where there is forced or attempted entry, the lead
officer shall complete an incident report and required supplemental
reports.
B. OPEN DOORS AND WINDOWS
When an officer comes upon or is made aware of an open door, the
following guidelines should be adhered to:
1. The officer(s) will secure the perimeter. At the officer's request,
communications will contact a building representative to come to
the location before any officer enters the building.
2. If the building representative cannot be contacted or does not
desire to come to the location, the officer(s) will secure the building
to the extent possible and initiate an "extra patrol" request for the
duration of the watch and subsequent watches as applicable. The
day watch commander will contact the building representative- the
next business day. The business representative will ba advis�il of
the date and time of the incident and be asked to soiOleff an_,
emergency contact card. -, -
C. SEARCH PROCEDURES
1. If a property representative is not available andohere Tis a�
reasonable basis on which to conclude that an emergency threat to
persons and/or property exists, a supervisor may authorize
warrantless entry and search by officers. In the absence of such
circumstances, any search must be pursuant to warrant.
2. In instances where the building representative declines to come to
the scene, the watch supervisor may authorize a search of the
building if the building representative requests and consents to a
search. This does not require that the building be searched.
3. When a determination to search is made, with or without the
contacting of a property representative, a supervisor should be
present at the scene.
4. If a determination is made to search the property, officers should
consider requesting an available canine team in assisting with the
search. All use of canine teams shall comply with canine policies
and procedures.
5. If it is determined that a search will be conducted, officers shall
identify themselves as members of the Iowa City Police
Department prior to entry. If exigent circumstances exist, this
notification may be waived by the supervisor on the scene.
When assisting an outside agency, members of this department will be guided
by this policy. Prior to the search of the building, a watch supervisor should be
present. The watch supervisor should confirm that the person requesting the
search has authority to authorize the search.
When the building to be searched is a public building under the control of the
City of Iowa City, an attempt to contact the appropriate department head should
be made prior to authorizing the search of the building.
When a determination is made that an officer will search a building, the officer
will make the determination as to whether he/she will draw his/her weapon. If
the officer decides to draw his/her weapon, a Use of Force Report shall be
completed by each officer drawing his/her weapon. In instances where multiple
officers are involved in the search of a building, the on -scene supervisor may
authorize one Use of Force report for all units present. IN ALL INSTANCES,
ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF
FORCE POLICY.
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. G
P
OPS-09.1
PRISONER
TRANSPORT
Date of Issue General Order Number
March 17, 1999 99-03
Effective Date Section Code
March 20, 1999 OPS-09
Reevaluation Date I Amends / Cancels
March 2003 11102 1 All Orders In Conflict
C.A.L.EA. Previous Review Dates:
Chapter 71 1 February 2000
INDEX AS:
Use of force O n
Prisoner Transport
Handcuffing ` —
I. PURPOSE i
The purpose of this policy is to provide guidelines for transporting persons i6�the
custody of officers of the Iowa City Police Department between points of arrest and
initial booking.
II. POLICY
Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of
the Iowa City Police Department to take the precautions necessary while transporting
prisoners .to protect the lives and safety of officers, the public and the person in
custody.
OPS-09.2
III. PROCEDURES
A. Vehicle Inspection
At the beginning and end of each tour of duty, all vehicles regularly
used for prisoner transport shall be inspected for readiness as follows.
a. The safety screen shall be securely in place and undamaged.
b. All windows shall be intact, and outer door latches in proper
working order.
c. Rear -seat door handles and window controls shall be
deactivated.
The interior shall be thoroughly searched to ensure that no
weapons or contraband have been left behind,or hidden within
the vehicle.
2. Prior to placing a prisoner in a vehicle for transport, the transporting
officer shall inspect the interior for weapons or contraband. The
vehicle shall be searched again after the prisoner has been delivered
to the detention facility or other destination. O N
B. Handcuffing/ Use of Restraints
1. Officers should handcuff (double -locked) all prisoners with thpi r, hands
behind their back and palms facing outward.
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2. The officer may handcuff the prisoner with his/her hands in front, orw
use other appropriate and approved restraining device(s) where the
prisoner
a. is in an obvious state of pregnancy,
b. has a physical handicap, or
c. has injuries that could be aggravated by standard handcuffing
procedures.
3. Known juveniles will be handcuffed only when reasonably necessary to
ensure the safety of the officers, juvenile or others.
4. Prisoners shall not be handcuffed to any part of the vehicle during
transport.
5. Additional approved restraint devices may be used to secure a
prisoner who violently resists arrest or who exhibits behavior such that
he/she poses a threat to himself, the officer, to the public, or to prevent
escape.
6. Officers are prohibited from transporting prisoners who are restrained
in a prone position. The technique of "hog tying" shall not be used by
members of this department.
OPS-09.3
C. Transport
1. Prior to transport, all prisoners shall be thoroughly searched for any
weapons or contraband.
2. Prisoners should not be handcuffed together.
3. When possible, females should be transported separately from males.
4. Juveniles shall not be transported in the same area of a vehicle with
adult prisoners.
5. Special precautions should be employed when transporting high -risk
prisoners. In particular:
a. combatants should be transported separately
b. members of rival gangs should be transported separately
6. Prior to initiating transport, the officer should provide communications
with the following information.
a. arrest location and destination
b. mileage reading before and after the transport of juver►�e"
member of the opposite sex.
c. number of persons being transported
d. nature of the charge(s) - 7 }
7. The officer should assist the prisoner(s) into the squad caring care
to avoid the prisoner(s) striking their head on the vehicle. P.isonerV'
should be instructed not to lean back on their wrists.
8. Prisoners should be transported in a manner that allows for constant
visual observation. Seating of officers and prisoners should, when
possible, conform with the following:
a. Where the vehicle has a security screen but one transporting
officer, the prisoner should be placed in the back seat on the
right hand side of the vehicle. When the vehicle is not
equipped with a screen and has only one transporting officer,
the prisoner shall be placed in the right front seat and secured
with a seatbelt.
b. When a prisoner is being transported in a two -officer vehicle
without a security screen, the prisoner shall be placed in the
right rear seat. The second officer shall sit in the left rear seat.
c. Leg restraints should be used when a prisoner exhibits or an
officer reasonably believes the prisoner is likely to engage in
violent behavior or is an escape risk.
d. A single transporting officer shall not transport more than one
prisoner in a vehicle without a screen.
e. Prisoners should be instructed that they are not to speak to
OPS-09.4
each other, or have contact with outside parties during
the transport process.
f. Prisoners should be secured in a seatbelt during transport if the
officer(s) feel they can safely do so.
9. The physical well-being of prisoners shall be monitored during transit.
Particular attention shall be directed to persons reported or suspected
of being under the influence of drugs and/or alcohol or who have a
history or propensity for violence.
a. Prisoners who report or display symptoms of serious physical
illness or injury during transit shall be taken to an emef#ercy
room for treatment.
b. Escorting officers shall remain with the patient at all times"-- �
unless relieved by other authorized personnel. (this may,',_
include medical staff) r-
c. Potentially violent persons in custody shall be restraine" all
times in treatment facility unless such restraint would int�fere G7
with essential treatment.
10. Symptoms or reports of physical or mental illness (such as threats of
suicide or psychotic behavior) shall be reported to the receiving
officer.
11. Any wheelchairs, crutches, prosthetic devices, and medication should
be transported with , but not necessarily in the possession of the
prisoner. In instances where a person with a disability must be
transported, and the disability prevents transport in a marked patrol
car, a watch supervisor should be contacted for assistance. Alternate
methods of transport may include but are not limited to the use of an
unmarked unit or requesting an ambulance to transport.
12. Prisoners should not be left unattended during transport.
13. Officers shall not engage in unrelated enforcement activities while
transporting prisoners unless failure to act would risk death or
serious bodily injury to another. In non -life threatening yet serious
situations, officers should call for back-up assistance and may
remain on -hand until such assistance has arrived.
14. Any escape shall be immediately reported to the communications
center with a complete description of the fugitive, mode and direction
of travel, original charge and propensity for violence if known. The
communications operator shall notify the watch supervisor. The
officer shall complete report detailing the escape. When a subject is
not immediately captured, the watch supervisor should consider
notifying outside agencies and request assistance. He/she may
also consider the use of a canine unit in tracking the subject. if this is
done, it shall comply with the general order pertaining to canines.
OPS-09.5
15. If a prisoner is an escape risk, the officer shall notify the receiving
agency of this information.
16. When a prisoner is transported to the Iowa City Police Department for
processing or questioning, the officer shall maintain control and visual
contact with the subject at all times. In this case, the officer will decide
if the handcuffs may be removed during the processing or interview
process.
17. Upon arrival at the Johnson County jail, weapons shall be secured in
the provided lockers.
18. Prisoners are in the custody of the Iowa City Police Department until
they are received by Johnson County Jail personnel or released by
the officer.
19. Persons who are transported for non -criminal procedures should be
patted down and seated as indicated above. The officer will decided
if the use of restraints is warranted.
20. Upon arrival at the receiving agency, the officer shall comply with the
security requirements of the agency pertaining to weapons and
prisoner restraints. Officers should advise the receiving officer of any
medical conditions or special concerns regarding the prisoner as well
as delivering all required paperwork and/or documentation regarding
the subject. The receiving officers name should be included on the
"booking" sheets.
J
R. J. inkelhake, Chief of -Police=
j r.a
WAANING
This directive is for departmental use drily and does not apply in any crimtnal or cwv
proceeding. The department policy should not be ct�ns�trueb as a creatlon p# NON#
legal standard of safety or care in an evidentiary sense nth respOct to third p4rty:
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
PER-02.1
F1 F
"I"'u%;:viz 21 P l 0: 07
HARASSMENT AND
SEXUAL
HARASSMENT
Date of Issue General Order Number
JUNE 30, 2000 00-02
Effective Date Section Code
JULY 4, 2000 1 PER-02
Reevaluation Date Amends / Cancels
JUNE 2003 11/02
C.A.L.E.A. Reference
26.1.3
INDEXAS:
Harassment
Sexual Harassment
Supervisor Responsibilities
Complaint Procedures
1. PURPOSE
The purpose of this order is to maintain a healthy environment in which all
individuals are treated with respect and dignity and to provide procedures for
reporting, investigating and resolving complaints of harassment and
discrimination. Federal law provides for the protection of classes of persons
based on race, color, sex, religion, age, disability and national origin. This
policy, as well as City Ordinance, also protects persons based on their sexual
orientation.
11. POLICY
It is the policy of the Iowa City Police Department that all employees have the right to
work in an environment free of all forms of harassment by employees, whether sworn,
civilian, or volunteer, as well as non -employees who conduct business with this agency.
This agency considers harassment and discrimination serious misconduct. Therefore,
the Iowa City Police Department shall take direct and immediate action to prevent such
behavior, and to remedy all reported instances of harassment and discrimination. A
violation of this departmental policy can lead to discipline up to and including
termination. Repeated violations of this policy, even if "minor" will result in greater
levels of discipline as appropriate.
PER-02.2
Ill. DEFINITIONS
Sexual harassment is unwelcome conduct which affects a term or condition of
employment or creates an intimidating, hostile or offensive working environment.
Sexual harassment may take the form of deliberate or repeated unsolicited
verbal comments, questions, representations or physical contacts of either a
sexual or non -sexual nature which are unwelcome to the recipient. Even
harassment that is not of a sexual nature, if sufficiently pervasive and offensive,
is prohibited in the workplace. Sexual harassment may also take the form of
making or threatening to make decisions affecting an employee's job on the
basis of an acceptance or refusal of a request for sexual intimacy. (See also,
City of Iowa City Personnel Policies Manual.)
IV. PROCEDURES
Sexual harassment is a form of misconduct which undermines the integrity of the
employment relationship. Such harassment is prohibited for all employees,
regardless of their status, and includes supervisors, subordinates and co-
workers. No employee, either male or female, should be subjected to such
conduct. Sexual harassment may also be charged between same sex
employees.
Sexual harassment may take the form of verbal or physical conduct that has the
purpose or effect of creating an intimidating, hostile, or offensive working
environment. This type of prohibited activity may take the form of sexually
explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and
lewd gestures or physical conduct, but is not limited to such activity. It may also
include more subtle actions which are directed at an individual.
Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national
origin or disability harassment is also a form of serious employee misconduct, is
prohibited for all employees, and is subject to disciplinary action up to and
including termination.
PROHIBITED ACTIVITY
1. No employee shall either explicitly or implicitly ridicule, mock, deride or
belittle any person.
2. Employees shall not make offensive or derogatory comments to any
person, either directly or indirectly, based on race, color, sex, religion,
age, disability, sexual orientation or national origin. Such harassment is a
prohibited form of discrimination under state and federal law and is also
considered serious misconduct, subject to disciplinary action, up to and
including dismissal from the Department. C7
3. Sexual harassment is defined as unwelcome sexual advancess:regibsts--J
for sexual favors, and other verbal or physical conduct of a sexual fture--
when: -
a. Submission to such conduct is made either explicitly or, tmplicitly a-,
term or condition of employment. b
o
PER-02.3
b. Submission to or rejection of such conduct by an employee is used as
the basis for employment decisions affecting the employee: or
c. Such conduct has the purpose or effect of unreasonably interfering
with an employee's work performance or creating an intimidating,
hostile or offensive working environment.
4. Individuals covered under the policy include all persons employed with the
department, whether sworn or civilian. This policy also covers all
volunteers and interns associated with the department.
EMPLOYEE RESPONSIBILITIES
Each supervisor shall be responsible for preventing acts of harassment. This
responsibility includes but is not limited to:
Monitoring the unit work environment on a daily basis for signs that
harassment may be occurring;
2. Counseling all employees on the types of behavior prohibited, and the
departmental procedures for reporting and resolving complaints of
harassment;
3. Stopping any observed acts that may be considered harassment, and taking
appropriate steps to intervene, whether or not the involved employees are
within his/her line of supervision; and
4. Taking immediate action to prevent retaliation towards a complaining party
and to eliminate any hostile work environment, where there has been a
complaint of harassment, pending investigation.
a. If a situation requires separation of the parties, care should be taken to
avoid actions that appear to punish the complainant.
b. Transfer or reassignment of any of the parties involved should be
voluntary if possible and, if non -voluntary, should be temporary
pending the outcome of the investigation.
Each Supervisor has the responsibility to assist any employee of this
department, who comes to that supervisor with a complaint of harassment, in
documenting and filing a complaint with the Chief of Police for investigation.
Each employee of this agency is responsible for assisting in the prevention of
harassment through the following acts:
1. Refraining from participation in, or encouragement of, actions tl 9t could be
perceived as harassment; <,
2. Reporting acts of harassment to a supervisor; and
Ti
3. Encouraging any employee who confides that he/she is being kt fOsed-or
discriminated against to report these acts to a supervisor.
�a
PER-02.4
Failure of an employee to carry out the above responsibilities may be considered
in any performance evaluation or promotional decision and may be grounds for
discipline.
COMPLAINT PROCEDURES
1. Any employee encountering harassment is encouraged to inform the
harassing person that his/her actions are unwelcome and offensive. The
employee is encouraged to document all incidents of harassment in order to
provide the fullest basis for investigation.
2. Any employee who believes that he/she is being harassed should report the
incident(s) to their supervisor as soon as possible, so steps may be taken to
protect the employee form further harassment, and appropriate investigative
and disciplinary measures may be initiated. Where, in the opinion of the
employee, this is not practical, the employee may instead file a complaint
with another supervisor, the Chief of Police, or persons consistent with the
City of Iowa City Personnel Policies manual. In instances where the Chief
of Police is accused of harassment, the assistant City Manager shall be
notified and will direct the investigation.
a. The supervisor or other person to whom the complaint is given shall
meet with the complaining employee and document the incident(s)
complained of, the person(s) performing or participating in the alleged
harassment, witnesses to the incident(s) and the date(s) on which it
occurred.
b. The employee taking the complaint shall promptly submit a
confidential memorandum documenting the complaint to the Chief of
Police.
3. The internal investigating authority designated by the Chief of Police shall
be responsible for investigating any complaint alleging harassment or
discrimination.
a. The internal investigating authority shall immediately notify the Chief of
Police and the City Attorneys office if the complaint contains evidence
of criminal activity, such as assault, sexual assault or attempted sexual
assault.
b. The investigator shall include a determination as to whether other
employees are being harassed by the person, and whether other
agency members participated or encouraged the harassment.
c. The Chief of Police shall inform all parties involved of the outcome of
the investigation.
d. A file of harassment complaints shall be maintained in the q#iice of, -the
Chief of Police and the Chief of Police shall compile,` anr5ual
summary of all harassment complaints. - - _
e. Findings of the investigation shall be entered into the ;mem*s _1 1
personnel file in accordance with departmental guidelines--oi internal —
investigations.
PER-02.5
4. The complaining parry's confidentiality will be maintained throughout the
investigative process to the extent practical and appropriate under the
particular circumstances.
5. Complainants or employees accused of harassment may file a
grievance/appeal in accordance with departmental procedures, applicable
state law and union contract when they disagree with the findings of the
investigation or disposition of the harassment claim.
6. This policy does not preclude any employee from filing a complaint or
grievance with an appropriate outside agency.
RETALIATION
1. There shall be no retaliation against any employee for filing a harassment
or discrimination complaint, or for assisting, testifying or participating in the
investigation of such a complaint.
2. Retaliation against any employee for filing a harassment or discrimination
complaint or for assisting in the investigation of such a complaint is illegal
and is prohibited by this department and by federal statutes.
3. Retaliation is a form of employee misconduct. Any evidence of retaliation
shall be considered a separate violation of this policy and shall be handled
by the same complaint procedures established for harassment and
discrimination complaints.
4. Monitoring to ensure that retaliation does not occur is the responsibility of
the Chief of Police, supervisors and the internal investigative authority.
WiMin'kelfiake, Chief of Police
WAgNIN0
This diirective is for departmental use only and does not apply in any criminal or dvi.
bra t„didq, -the department policy should riot be construed as a.creation of a higher
I0gal standard of safety or care in an evidentiary sense with respect to t} ir4iodtty
i6QPIs. Violations of this directive will only form the basis for departmental
qOMIM,gjfAf f Gh., rts,
h4
'V
C1
D,:_
o
INV-02.1
OFFICER INVOLVED
SHOOTINGS /
LETHAL INCIDENT
INVESTIGATIONS
Date of Issue General Order Number
AUGUST 1, 2001 01-05
Effective Date Section Code
AUGUST 6, 2001 INV-02
Reevaluation Date Amends / Cancels '
AUGUST 2004 12IO2 NEW
1.3.5.1
INDEX AS:
Use of Force
Shootings
Reference
Deadly Force
Internal Affairs
1. PURPOSE
It is the purposed of this policy to provide guidelines for the investigation of officer -
involved shootings or incidents resulting in the death or serious injury of person
possibly resulting from police actions.
II. POLICY
It is the policy of the Iowa City Police Department that officer -involved shooting
incidents and incidents resulting in serious injury or death be investigated with the
utmost thoroughness, professionalism and impartiality to determined officer actions
conform with the law and departmental guidelines and directives. Further, the Iowa
City Police Department will provide necessary assistance to officers involved in these
type incidents.
IV.
INV-02.2
DEFINITIONS
rti -,-1
PROCEDURES ,
A. OFFICER ON SCENE RESPONSIBILITIES - ?, it
Officers involved at the scene of a shooting or other incider*,,tesultl tg in'
the death or serious injury of a person resulting from thO dctiofis or
involvement of a member of the Iowa City Police Departme?h, shaUake
those measures that are reasonably possible and appropriate to protect
their safety, the safety of others, and to preserve evidence essential to the
investigation of the incident. This includes but is not limited to the
following actions as appropriate:
1. Ensure that the threats to officer safety and the safety to others are
addressed.
2. Secure and separate suspects.
3. Relay information on fleeing suspects to communications and other
field units and work with them to establish a containment area.
4. Request a supervisor and additional backup, emergency medical
service and any other assistance immediately required.
5. If injured, administer emergency first aid to oneself if possible, then
administer basic medical aid to suspects and others as necessary,
pending arrival of emergency medical assistance.
6. Secure any suspect weapons as evidence. DO NOT open, reload,
remove shell casings or in any other manner alter the weapons
involved other than taking those steps required to make the
weapon and scene safe. (After the scene is secure)
7. As time and capabilities permit before supervisory and other
assistance arrives:
a. Secure the area, establish a perimeter with crime scene tape and
limit access to authorized personnel necessary to investigate the
incident and assist the injured.
b. Note time, survey the entire area for relevant facts, individuals who
are present and who depart the scene, witnesses, potential
suspects and suspect vehicles.
c. Protect evidence from loss, destruction or damage that is likely to
occur before backup can arrive. Ensure that evidentiary items are
not moved, note original location and position of persons, weapons,
and other relevant objects and evidence.
d. Record the names, addresses and phone number of all witnesses
and other persons present at the scene and request that they
remain on hand in order to make a brief statement whether or they
saw the incident.
B. SUPERVISORY RESPONSIBILITIES AT THE SCENE
1. Ensure the safety and determine the condition of the officer(s),
suspect(s) and third parties.
2. If the officer has been shot or otherwise injured in the incident:
a. Ensure that an officer accompanies and remains with the officer at
the hospital.
INV-02.3
b. Ensure that the officer's family is notified on a priority basis and in
person by a Watch Commander or Supervisor when possible.
Ensure that they are assigned transportation to the hospital or
other location where they are needed as soon as possible. Watch
Supervisors should refer to the officer's Emergency Notification
form prior to making the notification.
c. Do not release the officer's name to the media or unauthorized
parities prior to the family being notified.
d. Assign an officer to the family for security, support, control of the
press and visitors, establishment of communications and related
matters.
e. Ensure that the clothing of officers and other injured persons is
collected for potential evidentiary purposes and that related
equipment of the officers is safeguarded.
3. If the officer is not injured, move him/her away from the center of
activity accompanied by another officer.
4. Secure the officer(s) weapons as evidence. This shall be done in
as discreet manner as possible and away from the immediate
scene. The weapon shall be replaced as soon as reasonably
practical, preferably immediately upon removal of the involved
weapon. DO NOT open, reload, remove shell casings or in any
other manner alter the weapons involved other than taking those
steps required to make the weapon and scene safe. (After the
scene is secure)
5. Confirm that the preliminary steps in item IV -A have been
adequately addressed and, if not, take appropriate action to ensure
that necessary actions are taken.
6. Ensure that the immediate area is contained and detain any
suspects therein.
7. To the extent necessary, ensure notifications are made, to other
agency personnel, to include:
a. Watch commander
b. Commanding Officer Field Operations
c. Commanding Officer Administrative Services
d. Commander of Investigations Q
e. Chief of Police
f. Public Information Officer - , —
g. City Legal Department
h. County Attorney J —
i. Medical Examiner -�
j. Chaplain
8. Establish a command post if necessary. co
9. Appoint a recorder to make a chronological record of activities at
the scene, to include: persons present, actions taken by police
personnel and the identity of any personnel who entered the
incident/crime scene, to include emergency medical and fire
personnel.
10. Diagram the scene and photograph it as soon as possible.
INV-02.4
11. Establish a media staging area as time permits unless the Public
Information Officer assumes this responsibility.
12. Begin the following:
a. Locate and secure -or secure in place - the officer's weapon(s) and
ammunition casings. Check the weapons of all officers present, for
discharge and secure the weapon when evidence of discharge
exists.
b. Locate the suspect's weapon(s) ammunition and expended
cartridges.
c. Collect information about the suspect, including name, physical
description, domicile and other pertinent information.
d. Locate and secure as evidence any clothing that may have been
removed from the suspect by emergency medical personnel or
others.
e. Determine the original position of the officer(s)and t�uspeot(s)
at the time of the shooting or use of force.
C. POST -SHOOTING TRAUMA
1. Sworn and non -sworn personnel shall be familiar witfi And Tallow' -
the provisions established by the Iowa City Police O�W— mint i6--~'
post-shooting/use of deadly force emotional trau6 in Bglice
personnel. co
a. The Officer in Charge shall ensure that those involved in the
incident are allowed to contact family members as soon as
practical after the incident. In the event the officer is injured and
unable to contact family members, the Commanding Officer Field '
Operations or designee shall ensure that immediate family
members are notified in person as soon as reasonably practical
after the incident.
b. The name of the officer(s) involved in the incident shall not be
released until there has been a reasonable opportunity to notify
immediate family members.
c. The Commanding Officer Field Operations or designee shall make
contact with all involved officers within 24 hours of the incident and
explain Employee Assistance Programs that are available to the
employee.
d. Within 72 hours of the incident, the Commanding Officer Field
Operations or designee shall contact a traumatic stress
professional. He/she shall arrange for private appointments for the
officer(s) determined to be directly involved in the incident and as
requested, for their immediate family members.
e. Upon request, agency personnel will be provided counseling
services, for post incident stress.
2. All personnel should be familiar with available mental health
services and avail themselves of these services following officer -
involved shooting/use of deadly force incidents.
3. The Chief of Police may place an officer involved in an incident
resulting in death or serious injury on administrative leave or
remove him/her from field duty consistent with the departments
INV-02.5
Use of Force Order. Prior to returning to field duty, officer(s)
involved in the incident may be required undergo a fitness for duty
evaluation.
D. INVESTIGATOR'S RESPONSIBILITIES
Investigation of officer -involved shootings/use of deadly force shall be the
responsibility of the Commanding Officer Field Operations. In cases
where the force is used by the Commanding Officer Field Operations, the
investigation shall be assumed by the Chief of Police or designee. The
Commanding Officer Field Operations may appoint an Officer in Charge
(at the rank of sergeant or above) who shall be responsible for ensuring
that the following tasks are adequately addressed in the order deemed
necessary and appropriate.
1. Ensure that tasks itemized in sections IVA and IVB of this policy have
been appropriately and adequately completed. Take measures to
ensure that any deficiencies in completing tasks are immediately
remedied.
2. Receive a general briefing and walk-through by the supervisory officer
regarding the circumstances surrounding the shooting/use of deadly
force.
3. Ensure that the overall scene and evidentiary items are photographed
and videotaped. Videotape all persons present at the scene. Pplor
photographs of the officer as he/she appears at the sc"e sh4# be
taken, to include any injuries sustained. =c`
4. Ensure thorough inspection of the scene and proper colieotion 6f all Tit
items and substances of evidentiary value.
5. Obtain taped statements from the suspects.
_1
6. Ensure that notification is provided to next -of -kin of ojured or
deceased suspects, preferably by someone of the rank of�f�eaft or
above. G'
w
7. Locate and identify witnesses and conduct initial tape-recorded
interviews.
8. Tape record interviews with fire department personnel, emergency
medical service providers and other first responders to the scene.
9. Conduct separate tape-recorded interviews with each officer involved.
a. Conduct the interview in a private location away from sight and
hearing of agency members and others who do not have a need
and a right to the information.
b. Advise the officer(s) not to discuss the incident with anyone except
a personal attorney or attorney representing the city, union
representative, family member, health care professional or
departmental investigator until .the conclusion of the preliminary
investigation.
c. Be cognizant of symptoms of post -traumatic stress, to include time
and space distortions, confusion, hearing and visual distortion and
emotional impairment, including shock. (Defer tape-recorded
interviews if these symptoms are evident)
10.Take any weapon used by the officer(s) into custody and handle it as
evidence. The officer shall be provided a replacement weapon when
INV-02.6
practical after collection of his/her weapon. Firearms shall be taken
from officers in a discrete manner.
11. Where an officer has died, the Officer in Charge shall ensure that
procedures established for line -of -duty deaths and death notifications
are followed.
12. Contact the medical examiner and attend the autopsy of officer and/or
suspect. Determine entrance and exit wounds, estimates of the
shooter's position the presence of controlled substances in the
decedent's blood or other related evidence.
13.Obtain search warrants as necessary for searches of vehicles,
containers, homes and vehicles.
14. Develop a statement of preliminary basic facts for the media to be
delivered by the agency spokesperson in conforman9p with;'the
department's media policy. {
15.Other investigative procedures as determined by the Officer rn Charge 71
or Commander of Field Operations.
16. Complete a report detailing the finding of the investigation._
E. CHIEF OF POLICE
-s The Chief of Police or designee may request the Iowa De'partme@ of
Criminal Investigation to conduct an independent investigation oP all
incidents resulting in the death of an officer or citizen, resulting from or in
the performance of their duties.
The Chief of Police shall cause an Internal Affairs investigation to be
initiated in incidents resulting in death or serious injury of an officer or
citizen, resulting from or in the performance of the officer's duties.
The Chief of Police may require a Critical Incident Debriefing within 10-
days of the incident or completion of the investigation. This analysis
should include the Commanding Officer Administrative Services and, as
applicable, representatives of outside agencies involved in the incident,
the Watch Commander of the watch that the incident occurred, on -duty
supervisors at the time of the incident, Incident Commander, and others
as determined by the Commanding Officer Administrative Services. Other
command or supervisory personnel may attend with the consent of the
Commanding Officer Administrative Services.
�,e Y
R.'J.' inkelhake, 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 thitdiparty
claims. Violations of this directive will only form the basis for departrn ntei
ss�tninjstrative, sanctton�,