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HomeMy WebLinkAbout01-21-2003 ICPD General OrdersOPS-14.1 DOMESTIC VIOLENCE Date of Issue General Order Number October 8,1999 99-10 Effective Date Section Code October 13, 1999 1 OPS-14 Reevaluation Date Amends / Cancels October 2003 01/03 NEW C.A.L.E.A. Refen nce 1.2.7, 55.1.1, 55.1.3, 65.2.3 INDEX AS: ._ T1 Domestic Abuse Domestic Violence 7 Domestic Violence Reports Domestics No Contact Orders y N Protective Orders I. PURPOSE The purpose of this General Order is to establish policy and procedures concerning domestic abuse. The Iowa City Police Department will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse -related issues. Efforts will be made to deter this criminal behavior. OPS-14.2 Ill. POLICY It is the policy of the Iowa City Police Department to: • Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. • Maintain a,pro-arrest policy whenever probable cause exists to support the - belief that a''domestic abuse violation has taken place. • Protect victims and families experiencing domestic abuse„ and provide information concerning support and services. • Promote officer safety by educating officers in the area of domestic abuse response. • Develop a working, relationship with the Domestic 'Violence Intervention Program (DVIP). • Actively participate in multi -disciplinary and community efforts to prevent and; reduce the incidence and severity of domestic abuse assaults and deaths. • Provide community and workplace education about domestic abuse, ins luiting; releasing an annual report on domestic abuse,, III. DEFINITIONS A. Domestic Abuse means an assault, as defined in Iowa Code Section 708.2A and Iowa Code Section 236.2, that has occurred between parties who share a certain relationship. The relationship element defined: 236.2(2) 1. family or household members residing together at the time of the assault or who have resided together within the past year, but not at the time of the assault; 2. separated spouses or persons divorced from one another not residing together at the time of the assault; 3. biological parents of the same minor child, regardless of whether married or living together at anytime. 4. brothers and/or sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies. B. Family or Household Members, spouses, or persons co-haatating;. parents or other persons related by consanguinity or affinity.�� C. Children: Children under age 18 are not subject to these provisions ad: chapter 232, Juvenile Justice, applies. cn u: ' - fV D` ro OPS-14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. Kellog , 542 N.W.2d 514(1996). Kellogg provides a non-exclusive list of factors for the jury's consideration: - Sexual relations between the parties while sharing living quarters - Sharing of incomes and expenses - Joint use or ownership of property Whether parties hold themselves out as husband and wife - The continuity of the relationship - The length of the relationship - The degree of access to the residence (does each possess a set of keys) E. Primary Physical Aggressor- The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. F. Discretionary Arrest: Peace officers may arrest a person for a simple misdemeanor (non -injury inflicting) domestic abuse assault, but are not required to do so. Discretionary arrest also applies to indictable level offenses where the offender was not the primary physical aggressor. G. Pro -Arrest Policy. Refers to a philosophical position in which-Physioal arrest should be made in situations where an arrest 5� Iega4 permissible. - .+� N OPS-14.4 IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Communications B. Officer Responsibility at the Scene C. Officer Approaching the Scene D. Written Reporting E. Victim Rights C, F. Follow-up Investigation - G. Confidentiality H. Hostage Situations I. Officer Training J. Officers Charged with Domestic Abuse y A. COMMUNICATIONS The Emergency Communications Operator (ECO) shall dispatch officers to every reported incident of domestic abuse. When warranted, the ECO should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the ECO should ask these questions: 1. Where is the emergency? What address? What apartment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his/her name? Please describe the suspect and, if not present, his/her expected whereabouts. 7. Are weapons involved? If yes, what kind? 8. Is the suspect under the influence of drugs or alcohol? If yes, what substance? 9. Are children present? 10. Have the police been to this address before? If yes, how many times? 11. Does the victim have a current restraining order? As events progress through a domestic abuse incident, the ECO will keep the responding officer(s) apprised. The ECO should listen for background noises that assist in evaluating the threat level (screams, shouts, threats, breaking glass, and furniture). These sounds will raise the potential it Ti OPS-14.5 danger level and can help to provide the probable cause required. During the dispatching process, the ECO should initiate a check to determine the existence of no -contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the ECO should continue to reassure the victim/caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim/caller chooses to hang-up; this shall not influence the response effected. If the hang-up was voluntary, a callback should be made to inquire whether the victim/caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call will continue to proceed, and under no circumstances will the call be cancelled. 9-1-1 calls and calls for assistance or/calls received on the routine line should be preserved for any possible prosecution. Requests for 9-1-1 recordings to be taped for preservation will be made through the ECO supervisor by the domestic abuse investigator. Once a call is classified as a domestic, the EGO shall not reclassify the call. In instances where a call is classified as something other than a domestic, and the call is in fact a domestic, the ECO, upon notification from the officer may reclassify the call as a domestic. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one -unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriff'§ department. (See "protective orders" section below.) 0 3. Remain alert for suspect leaving the scene. —_ A. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a d9mestN abuse incident, they shall: %3 ry 1. Approach the scene safely, and in an alert manner. 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has OPS-14.6 been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. 11. Following interviews, a conference of the responding officers should occur with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or is ing of`,, citations are not allowed in the event domestic abuse has QfrFred This applies to either / both arrest for domestic abusei_�rElated. charges and / or violations of protective orders. If �possibla _7 immediately transport suspect to jail. � N c� OPS-14.7 Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13.If a child has been injured or assaulted, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14.Collect and record evidence, including torn clothing, broken objects, etc. 15. Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general disarray, etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the film sheet should be marked as a domestic along with the case number being noted g. When the property manager receives prints from a domestic incident, they shall be forwarded to the domestic abuse investigator. h. Photos of any injuries present on the suspect. 16. When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted. 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. C. ENFORCEMENT OF COURT PROTECTION ORDERS Violation of a valid court order shall be enforced in the same m' r aad with the same vigor as violations of statutory law. When enCter0il T1 potential court order violations in domestic violence or otherc�ontex�s, officers shall follow these procedures. lY rJ co OPS-14.8 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this policy on domestic violence. 2. Officers are responsible for determining whether a valid court protection order is in force. The officer shall verify existence of the order and its provisions by referring to the copy provided by the victim and / or by requesting that the ECO check with the Sheriff's Department in the county where the court order was issued. An officer shall arrest a violator when probable cause exists to believe a person has violated a court order and the violation is grounds for arrest. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of violating a no contact order, the investigating officer shall run a criminal history on the suspect and check for any prior convictions for violation of a no cont�gt order; (allows for enhanced penalties) D. WRITTEN REPORTING - Written reports should be factual, specific and clear so as to pry nt an accurate portrayal of the domestic abuse incident. Written documpritatiM that will be made as a result of a domestic abuse arrest are the Gomplaim and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the departments domestic abuse investigator. Reports will, at a minimum, contain narratives containing the following information: 1. full names of parties involved, including dates of birth of the suspect and victim 2. address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying OPS-14.9 3. reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. the relationship of the victim and suspect 5. location of the assault 6. whether no contact orders are known to exist 7. a description of the scene 8. weapons used 9. whether a 9-1-1 call was received and if the tape was preserved 10.documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim 12.whether they received medical treatment 13. an indication of whether the victim was presented their rights 14. Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim. 15. If the officer is aware of pending domestic charges, note that fact in the narrative. E. VICTIM RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. => CG F. FOLLOW-UP INVESTIGATIONS All domestic abuse reports shall be forwarded to the domest[e'abu§e investigator for review. Useful information not obtained in the inftk:t.epQ-R -� gathering stage may require afollow-up investigation. History ofddarhestici abuse, past requests for service with observance of fregj�pncyf occurrence noted, interview of witnesses and any other information applicable may be included. Photographs may be taken as injuries change in their appearance. Other photographs may be taken as part of the investigation, however, all photographs shall be appropriately logged. If an emergency 9-1-1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. OPS-14.10 G. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must honor the law reciprocally. H. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy of implementation. Special Response Team (SRZJ protocol and personnel may determine this strategy. �; u — — I. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcemeq l Academy, the Iowa City Police Department will routinely offer trajoing ih= regard to domestic abuse. Training will be provided by both jobusW staff, as well as utilizing outside authorities. D N; J. OFFICERS CHARGED WITH DOMESTIC VIOLENCE Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out-of-state, are identified as a suspect, the watch commander / supervisor will be immediately notified. Additionally, the watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. OPS-14.11 This directive is Violations A.'J. kkinkelhake, Chief of Police WARNING use only and does not in any O E, OPS-15.1 LESS LETHAL IMPACT MUNITIONS Date of Issue General Order Number MAY 12, 2000 00-03 Effective Date Section Code MAY 19, 2000 OPS-15 Reevaluation Date I Amends / Cancels MAY 2003 12/02 NEW LA.L.E.A. Reference .d INDF_X AS: Use of Force Use of Force Matrix Q Less Lethal s r r•i v I. PURPOSE F j The purpose of this order is to identify the conditions under which officery de—Voy and use less lethal impact munitions. f9 II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics/equipment. OPS-15.2 IV. DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non -flexible projectiles (E.g. "beanbags"), which are intended to incapacitate a subject with minimal potential for causing death or serious physical injury, when compared to "conventional" rounds. J PROCEDURES FOR USE Less Lethal Extended Range Impact Weapons a J Kinetic energy impact projectiles will be evaluated for use on the following criteria: A. Accuracy 1. This is the primary consideration, since proper shot placement greatly assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of deployment. 3. The minimal standard of accuracy of such a round is: a. 12 - inch group at 15 yards for the 12-gauge system. The group shall consist of 5 rounds. B. Effectiveness 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should result in a low probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 1. The potential for causing death or serious physical injury with such projectiles is a reality. This potential is greatly reduced when impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury. (including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and/or incapacitation are the desired goal, and alternative target areas/response should be considered when rounds are not effective. Alternative target area/response considerations will be based on the circumstances the officer is encountering. OPS-15.3 TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head/Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: A. The level of force being confronted. - 7Ti C-.` _� B. The proximity/access of the subject to the officer or others. DEPLOYMENT TECHNIQUES CO Weapons used for the deployment of less lethal munitions shall be dedicat6ffi to that purpose. These weapons shall be clearly marked. The use of other than less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 15 ft (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. OPS-15.4 C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect. Le. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with 'lethal' munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as an escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by the department. The deployment of less lethal munitions shall only be performed by those officers trained and showing proficiency in their deployment. HANDLING OF INJURED SUBJECTS Suspects who are struck by less lethal projectiles shall be secured and transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel shall be summoned to the scene, and the subject shall be encouraged to seek examination(-�5:t a mWical facility. r REPORTING AND INVESTIGATION -� —n Officers shall complete a departmental Use of Force Report, in ad _ion �i an I other applicable reporting requirements, after deploying less lettlAi-projectiles: J This includes those situations where the weapon is removed frc?fi the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with departmental reporting directives contained in General Order 99-05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training in the use and deployment of less lethal munitions. OPS-15.5 RA. Winkelhake, Chief of Police VVAKNINU This directive is for departmental use only and does not apply in any crirhinal or eb proceeding. The department policy should not be construed as a creation of a high legal standard of safety or care in an evidentiary sense with respect to third -par claims. Violations of this directive will only farm the basis for department administrative sanctions. c 71 j. CO D W �- OPS-17.1 RACIAL PROFILING Date of Issue General Order Number January 10, 2001 01-01 Effective Date Section Code February 1, 2001 OPS-17 Reevaluation Date Amends / Cancels December 2003 12/02 New C.A.L.E.A. Reference 1.2.4,1.2.9,41.3.8,61.1.2.9 INDEX AS: o } Racial Profiling Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants DisciplineCIO ^_ I. PURPOSE v The purpose of this order is to unequivocally state that racial and ethnic profftg by members of this department in the discharge of their duties is totally unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, or are about to commit an infraction of the law. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex OPS-17.2 III. DEFINITIONS Racial profiling - The detention, interdiction, exercise of discretion or use of authority against any person on the basis of their racial or ethnic status or characteristics. Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that an infraction of the law has been committed, is about to be committed or is in the process of being committed, by the persomDr persons under suspicion. ("Specific and articulable cause to reasonably believe crirr opacttsFity is afoot.") 1 IV. PROCEDURES The department's enforcement efforts will be directed toward assigning offid*tgo these areas where there is the highest likelihood that vehicle crashes Will Be red�ed, complaints effectively investigated or addressed, and/or crimes prevented thr`atigh proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. B. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions which are based upon reasonable suspicion. C. Traffic enforcement shall be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. 1. Officers shall cause accurate statistical information to be recorded in accordance with departmental guidelines. 2. The deliberate recording of any inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including dismissal. D. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop, the description of the person detained, and the reason for the stop, and this information shall be recorded. E. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop, and shall remain activated until the person is released. F. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. OPS-17.3 G. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. TRAINING Officers shall receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, and interpersonal communications skills. 1. Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action. COMPLAINTS OF RACIAUETHNIC PROFILING Any person may file a complaint with the department if they feel they have been stopped or searched based on racial, ethnic, or gender -based profiling. No person shall be discouraged or intimidated from filing such a complaint, or discriminated against because they have filed such a complaint. 1. Any member of the department contacted by a person, who wishes to file such a complaint shall refer the complainant to a Watch Supervisor who shall provide them with a departmental or PCRB complaint form. The supervisor shall provide information on how to complete the departmental complaint form and shall record the complainants name, address and telephone number. 2. Any supervisor receiving a departmental complaint form regarding racial/ethnic profiling, shall forward it to the Commanding Officer Field Operations and all such complaints shall be reviewed and the complaint acknowledged in writing. The complainant shall be informed of the results of the department's review within a reasonable period of time. The report and the reviewer's conclusion shall be filed with the Chief of Police, and shall contain findings and any recommendations for disciplinary action or changes in policy, training, or tactics. O = 3. Supervisors shall review profiling complaints, as well as petJcdcalr review a sample of in -car videotapes of stops of officers un$er thg1f- command. Additionally, supervisors shall review reports relatingLo stops by officers under their command, and respond at random to,-'.aWst of observe officers on vehicle stops. [77 w w OPS-17.4 4. Supervisors shall take appropriate action whenever it appears that this policy is being violated. REVIEW 1. On an annual basis or as requested by the Chief of Police, the Commanding Officer Administrative Services, shall provide reports to the Chief of Police with a summary of the sex, race, and/or ethnicity of persons stopped. 2. If it reasonably appears that the number of self -initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grounds for the disproportionate rate of contacts. 3. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. 4. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and sex of persons stopped for traffic violations. 5. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. 6. If evidence supports a finding of a continued ongoing pattern of racial or ethnic profiling, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual, officer(s) and/or their supervisors. 0 R J. inkelhake, Chief ofRblice-1 WARNING This directive is for deparimental use only and does not apply in Apt cdm. ihal or civ% proceeding. The department polioy should not be 6onstrue as a atd tlon of a 1lighet' legal standard of safety or care In an evidentiary some nth respect io third party claims. V1014tions of this directive Will only form the basis for doper, t8 otlministrative sanctions.