HomeMy WebLinkAbout05-09-2006 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
May 9, 2006 — 7:00 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 03/21/06
• ICPD General Order #98-01 (Written Directive System)
• ICPD General Order #99-03 (Prisoner Transport)
• ICPD General Order #99-05 (Use of Force)
• ICPD Use of Force Report — February 2006
• ICPD Use of Force Report — March 2006
• ICPD Department Memo 06-14
• ICPD Quarterly/Summary Report (Quarter 1) — IAIR/PCRB, 2006
ITEM NO. 3 OLD BUSINESS
ITEM NO. 4
NEW BUSINESS
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO. 7
STAFF INFORMATION
ITEM NO. 8
CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of supervisors and school districts, and 22-7(5)
police officer investigative reports, except where disclosure is authorized elsewhere in
the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
ITEM NO. 9
MEETING SCHEDULE and FUTURE AGENDAS
• June 13, 2006, 7:00 P.M., Lobby Conference Room
• July 11, 2006, 7:00 P.M., Lobby Conference Room
• August 8, 2006, 7:00 P.M., Lobby Conference Room
• September 12, 2006, 7:00 P.M., Lobby Conference Room
ITEM NO. 10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
May 5, 2006
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on May 9, 2006
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for 05/09/06
• Minutes of the meeting on 03/21/06
• ICPD General Order#98-01 (Written Directive System)
• ICPD General Order #99-03 (Prisoner Transport)
• ICPD General Order #99-05 (Use of Force)
• ICPD Use of Force Report — February 2006
• ICPD Use of Force Report — March 2006
• ICPD Department Memo 06-14
• ICPD Quarterly/Summary Report (Quarter 1) — IAIR/PCRB, 2006
• PCRB Complaint Deadlines
• PCRB Office Contacts — March 2006
• PCRB Office Contacts — April 2006
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For
more information see: www.NACOLE.org
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES — March 21, 2006
CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:03 p.m.
MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Capt. Tom Widmer of the ICPD
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #05-04.
CONSENT
CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar.
• Minutes of the meeting on 02/14/06
• ICPD General Order #95-01 (Emergency Operation of Police Vehicles)
• ICPD General Order #99-02 (Alarm -Open Door Response)
• ICPD General Order#01-06 (Juvenile Procedures)
• ICPD Department Memo #06-07
ICPD Use of Force Report — January 2006
Barnhill requested some clarification from Captain Widmer regarding General
Order 01-06 (Juvenile Procedures) IV (Procedures), subsection D (Criminal
Offenses), VI(A) concerning the age of consent to search. Widmer explained
that they can not request consent if the juvenile appears to be under the age of
fourteen. If they appear to be between the age of fourteen and eighteen the
officer must request a supervisor respond to the scene.
Barnhill confirmed with Widmer that the date for the fifth item on the January Use
of Force Report should be 012606 instead of 012605. Barnhill also wondered if
the Use of Force report is supposed to be in chronological date order, and that
item two was out of order.
Motion carried, 5/0.
OLD BUSINESS None.
NEW BUSINESS None.
PUBLIC
DISCUSSION None.
Ili1:7:1
March 21, 2006
Page 2
BOARD
INFORMATION Barnhill wanted to go over the policy for media and where they could be during a
public meeting for audio/video recording. Pugh stated that she did not think it
needed to be in the Standard Operating Procedures because of the infrequency
that it occurs. Pugh also said that the Chair or Board should be able to request
that the media record from a certain area and if necessary the arrangement of
the room could be changed.
STAFF
INFORMATION Pugh reported that she had received a phone call from a complainant that was
unhappy with the outcome of the Public Report from the Board. She informed
the complainant of the duties and responsibilities of the Board and the section of
the City Code regarding the PCRB. She also offered to the complainant that he
or she could come to the next meeting and address the Board during Public
Discussion, but that the complaint was considered closed and the Public Report
had been issued to the City Council.
Tuttle informed the Board that the meeting dates on the agenda for May, June,
and July were incorrect and would be corrected on the next agenda.
EXECUTIVE
SESSION Motion by Horton and seconded by Larson to adjourn into Executive Session
based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law to be kept confidential or
to be kept confidential as a condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal information in
confidential personnel records of public bodies including but not limited to cities,
boards of supervisors and school districts, and 22-7(5) police officer investigative
reports, except where disclosure is authorized elsewhere in the Code; and
22.7(18) Communications not required by law, rule or procedure that are made to
a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 5/0. Open session adjourned at 7:22 P.M.
REGULAR
SESSION Returned to open session at 7:44 P.M.
Motion by Horton and seconded by Larsen to forward the Public Report as
amended for PCRB Complaint #05-04 to City Council. Motion carried, 5/0.
Motion by Horton and seconded by Engel to cancel the April meeting due to lack
of Board business. Motion carried, 5/0.
PCRB
March 21, 2006
Page 3
MEETING SCHEDULE
• April 11, 2006, 7:00 P.M., Lobby Conference Room -CANCELLED
• May 9, 2006, 7:00 P.M., Lobby Conference Room
• June 13, 2006, 7:00 P.M., Lobby Conference Room
• July 11, 2006, 7:00 P.M., Lobby Conference Room
Larson will possibly be gone for the June meeting.
ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0.
Meeting adjourned at 7:47 P.M.
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ADM-01.1
WRITTEN DIRECTIVE
SYSTEM
Date of Issue General Order Number
March 17, 1998 98-01
Effective Date Section Code
March 28 2006 ADM-01
Reevaluation Date Amends / Cancels
March 2009 97-01 ADM-01
C.A.L.E.A. Reference
12.1.1 - 12.2.2 61.2.3, 33.4.4, 33.5.1, 33.7.1
INDEX AS:
—
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Department Publications
Directives, Written
a =
General Orders
Official Department Publications
Orders, Written
Policy and Operating Procedures Manual
Publications, Department
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Written Directives
I. PURPOSE
The purpose of this order is to explain the written directive system, establish
definitions, formats, and authority for preparation and issuance of written
Departmental publications for distribution and updating of General Orders and
other written directives, and give reasonable guidelines to Police personnel to
follow in the discharge of their duties. The Policy and Operating Procedures
Manual will be arranged into numbered sections containing related subject
matter. This order also establishes responsibility for maintaining, reprinting and
inspection of the manual.
ADM-01.2
II. POLICY
The efficient and effective performance of a municipal law enforcement agency is
directly related to the extent to which information given its officers is accurate and up-to-
date. This order is intended to serve as a catalyst as to how Department policies
should be put to practical use, and as a guide for police personnel in the performance
of their major Department functions.
The written directives system must encompass a range of publications from permanent
to temporary, and from mandatory instructions to informational memoranda. The
Department will strive to minimize the number and complexity of publications, while
providing' essential information and direction toward common organizational objectives.
The following general guidelines will be followed in the development of written
Department publications:
Publications shall not conflict with established rules, regulations, or policies of the
Department; or, with local, state, or federal law.
+ All publications will be stated in precise and positive terms with grammatical
accuracy and simplified language.
• When applicable, cross' -reference will be made- to other related and published
documents. Publications that cancel or supersede other publications will reference
the affected document.
It shall be Department policy that proposed general orders or revisions to rules and
regulatio0s be reviewed by staff members prior to issuance. The review process will
very withthe content of the order but will generally involve supervisors and personnel
affected by the order.
In the absence of the Chief of Police, the Commander of the Field Operations Division
assumest command of the department and operates with the authority of the office of
the Chief of Police. If the Commander of Field Operations is not available during the
absence of the Chief of Police, the Commander of the Administrative Services Division
assumes command. After the Division Commander, the Commander of the Criminal
Investigations Unit assumes department command. 11-1
ADM-01.3
III. TYPES OF DEPARTMENT PUBLICATIONS
A. Department publications will be restricted to the following:
1. General Orders
2. Special Orders
3. Personnel Orders
4. Department Memoranda
5. Bulletins
B. Division commanders are authorized to issue divisional memoranda only.
Divisional memoranda are restricted to information or direction which
affects only assigned personnel and internal operations of the division.
Memoranda must conform to policies and procedures established in
Department directives.
C. Section commanders and supervisors may issue memoranda pertaining
to operating procedures, practices, work assignments, and the internal
direction and functioning of the section. Memoranda must conform to
policies and procedures established in Department or division directives.
D. No official publications, other than provided for in this order, are
authorized in the Iowa City Police Department.
IV. DEFINITIONS
A. General Orders. (See Appendix A) Issued to establish or revise policies,
or to direct the use of specific procedures for the indefinite future.
General Orders will be issued for:
1. Institution of permanent procedures, and policies and manuals
related thereto;
2. Permanent changes in organization;
3. Installation of permanent programs affecting more than one
section;
4. Permanent personnel policies and procedures, not including
changes in personnel status;
5. Use of police facilities and equipment; and expenditure of funds;
and
6. Relationships with citizens and other agencies.
B. Special Orders. (See Appendix B) Issued to announce policieQr '
specific procedures concerning a circumstance or event of a oni t& or
temporary nature. Examples:
1. Assignment to specific parade duty; ' o
2. Selective patrol assignments;
3. Temporary parking restrictions,
4. Annual budget preparation instructions and deadlines. y
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C. Personnel Orders. Issued to direct a personnel status change, including:
1. Appointment and assignment of new personnel;
ADM-01.4
2. Promotion or demotion;
3. Transfer between Department units;
4. Suspension, dismissal or restoration to duty;
5. Termination of personnel;
6. Appointment to specialized Department duty assignment;
7. Temporary duty assignment with another agency; and
8. Extended leave of absence.
D. Memoranda. (See Appendix B) Issued to disseminate information,
instructional material or data of general interest to Department personnel.
.Memoranda may include:
1. Announcement of Department, city or community civic or social
events;
2. Information on actions, policies and events in other agencies;
3. Instructions and information concerning academic or instructional
programs of general interest; and
4. Explanation or clarifications of previously issued orders.
Section Supervisors may issue memoranda to establish unit procedures
and instructions for accomplishing assigned tasks.
E. Bulletins. Issued to convey information of specific interest pertinent to
performance of law enforcement tasks. Bulletins may include:
1. Daily information;
2. Crime analysis data on specific crime patterns and possible
suspect and M.O. descriptions;
3. Description of identifiable property items reported stolen;
4. Information and description on wanted criminals; and
5. Training - either posting an upcoming training session and
assigning personnel to the training, or a training bulletin which
provides information to guide members in performance of their
duties and responsibilities.
6. Standard Operating Guideline (SOG) - designed to identify stepor
procedures to be used when responding to, or hanr specific
types of calls, tasks, or assignments. _I
V. ISSUING AUTHORITY _> o 71
A. Department publications, including bulletins, are always issue"der w
authority of the Chief of Police. Only the Chief of Police may isiue -
General Orders. w
B. Division memoranda, Personnel Orders, Special Orders and Standard
Operating Guidelines may be issued by authority of the respective
Division Commander.
C. Section memoranda may be issued by supervisors, including civilian
supervisors.
ADM-01.5
VI. FORMAT AND INDEXING
A. General Orders
General Orders shall follow the format and structure as shown in
Appendix A. The first page will utilize the standard pre-printed
general order format.
2. The General Orders will be indexed by major topic headings to
facilitate an alphabetic search for order information. General
Orders will also be indexed by number. The number assigned to
each order will be the last two digits of the calendar year followed
by a sequential number. A section code will also be given to each
order which designates the major policy and procedure manual
subsection under which the Order is assigned, followed by a
sequential number for all orders within the section.
3. Order numbers and Section codes will be assigned by
administration during order preparation.
B. Special Orders
1. Special Orders shall follow the format shown in Appendix B.
2. Special Orders will be by number. Numbering will consist of the
last two digits of the calendar year followed by a sequential number
for each order issued during the year.
C. Personnel Orders
1. Personnel Orders shall be prepared by the office of the Chief of
Police or Division Commanders in the format shown in Appendix B.
2. Personnel Orders will be indexed by number. Numbering will
consist of the last two digits of the calendar year followed by a
sequential number. Numbers will be issued by administration.
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D. Memoranda t
1. Memoranda will follow the format shown in Appendix B-) =_
Memoranda are not formally numbered and are indeze4ft sub ect-;"1
and date.
2. Affected personnel will be listed in the heading of the
memorandum. Examples are: D a
a. A division memorandum issued "TO: Uniformed Patrol
Officers".
b. A communication section memorandum "TO: All
Communication Dispatchers".
NOTE: Memoranda which affect personnel beyond the section or
division level, must be issued at the division or Department level.
Ill u l �^,
VII
3. The issuing authority will also be clearly indicated in the heading of
the memorandum. Only the unit or section supervisor, division
commander, or the Chief of Police may issue memoranda.
E. Bulletins
1. Bulletins will be issued as Department publications. Because
bulletins are issued under authority of the Chief of Police, no
specific authority entry is required.
2. Bulletin headings will indicate the major subject (crime analysis,
training, traffic analysis, etc.); the issue date; and the Department
contact for clarification or additional data.
3. The body of bulletins may be configured as required to best explain
the information presented. This may vary from narrative for training
information, to tabular crime analysis data, to illustrations for
suspect descriptions, or combinations of the above. Because the
objective is to impart information, the only rule for content is that it
be of maximum clarity and simplicity.
4. Standard Operating Guideline will include headings indicating the
number (last two digits of the year and then a sequential number
beginning with 1 and continuing consecutively through the end of
the calendar year), effective date, subject, and if applicable section.
The SOG will include a statement identifying it's purpose, and any
applicable definitions. The SOG will identify and list applicable
steps, tasks, assignments or procedures to be used when handling
a specific type of call, assignment, task or subjectted i�the
subject heading. vv
DISTRIBUTION
A. Policv
1. The Department policy on dissemination of policy and OcedM
manuals is through a computerized documentation system and —
placement of hard copies in manuals put at accessible locatio s for
reference by all personnel affected by the directives.
2. Employee will be required to sign a dissemination form tc
acknowledge the receipt and review of the materials contained in
the manuals. Appendix C.
3. A computerized copy of all General Orders, Special Orders,
Departmental Memoranda, Personal Orders, and Bulletins will be
maintained in the office of the Chief of Police.
4. The Chief of Police may direct that newly issued or reissued orders
or directives be distributed electronically through the departments
"in-house" computer system. Written notice shall be forwarded tc
the affected commanders indicating the title and location of the
electronic version. Procedures developed for confirming the
receipt and acknowledgement of directives will be followed.
ADM-01.7
VIII. MAINTENANCE AND INSPECTION
A. Maintenance
1. It is required that each assigned policy and procedures manual be
maintained in usable condition and be continually updated by
insertion of new orders and removal of rescinded or updated
directives. This includes annotation of the index by insertion of
reference to new orders or the cancellation of those rescinded.
2. The maintenance and currency of manuals will be the responsibility
of those who are issued hard copies.
3. The Department will maintain a master file of all Department
publications.
4. New or revised General Orders will be accompanied by a roster
upon which employees will verify receipt and their understanding of
the Order by their signature. Completed rosters will be returned to
the office of the Chief of Police for filing.
B. Inspections
1. Policy and procedures manuals will be inspected at a frequency
determined by the Chief of Police. Inspections will be
accomplished by designated personnel appointed by the Chief of
Police.
2. Inspection will normally involve the physical examination of policy
and procedures manuals to determine that:
a. All current orders are properly filed in the appropriate
manual section.
b. Canceled or rescinded orders have been removed.
C. Each current order has a certification of understanding
which is signed and dated.
d. The index has been updated with entries of new ordep and
deletion of those rescinded.
IX. AMENDMENT AND CANCELLATION w
A. Amendment _
1. The content of General Orders occasionally requires itendments
to comply with legal changes; to update operational pwedures; or
to conform to revised policies. Amendments should be expeTited
to assure maximum currency of reference material.
2. When an amendment is relatively minor and involves a restatement
or replacement of existing information, without change to paging or
length, a revision page or pages may be issued. The revised
page(s) will be inserted into the order in place of the former
page(s). Amended pages will contain "Rev -Date" on the outside
lower corner.
ADM-01.8
Where the amendment or revision is of sufficient size and length to
require major restructuring of the order, a complete new order will
be issued. The new order will replace the entire former order.
`Y i�
Samuel Harg ine, 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.
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ADM-01.9
APPENDIX A
NAME OF ORDER
Date of Issue General Order Number
Effective Date Section Code
Reevaluation Date Amends / Cancels
C.A.L.E.A.
INDEX AS:
I. PURPOSE (Topical headings in capitals)
II. POLICY
A. (Subheadings underlined)
B.
1.
2.
a.
b.
(1)
(2)1
(a)
(b)
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C;
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Signature of Chief of Police
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.
ADM-01.10
APPENDIX B
Sample Format
for
Special Orders, Personnel Orders, Department, Division,
Section Memorandums, and Bulletins
TYPE OF ORDER OR MEMO YEAR -NUMERICAL SEQUENCE
TO:
FROM:
RE:
DATE:
Affected Personnel
Issuing Command
Subject of Order or Memorandum
Date Issued
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ADM-01.11
APPENDIX C
ACKNOWLEDGEMENT OF RECEIPT OR REVIEW OF GENERAL ORDER
General Order: Section Code:
Directive Title:
Changes:
I have had the opportunity to review the above General Order and understand the
purpose and content of the Order.
Pin # Employee's Signature Date Supervisor's Signature Date
ti i1 Cl)
ADM-01.12
Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
Subject:
Reference:
Section:
Command Signature:
Purpose:
Definitions:
Procedures:
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OPS-09.1
PRISONER
TRANSPORT
Date of Issue General Order Number
March 17 1999 99-03
Effective Date Section Code
March 28 2006 OPS-09
Reevaluation Date Amends / Cancels
March 2007 1 All Orders In Conflict
C.A.L. E.A. Previous Review Dates:
Chapter 71 1 February 2000
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INDEX AS:
�n
Use of force -n
Prisoner Transport - o
Handcuffing -! ;
I. PURPOSE% <>
J
The purpose of this policy is to provide guidelines for transporting persons in 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.
d. 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.
N
B. Handcuffing/ Use of Restraints
1. Officers should handcuff (double -locked) all prisoners with4Wr herds
behind their back and palms facing outward. C;CD
2. The officer may handcuff the prisoner with his/her hands is r t, Qa C
use other appropriate and approved restraining device(s) i4ere thgg
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
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 juverpr Y
member of the opposite sex. _11
c. number of persons being transported _
d. nature of the charge(s) u ;_ j
7. The officer should assist the prisoner(s) into the squad caoAing�Oare
to avoid the prisoner(s) striking their head on the vehicle. PAsonerg;
should be instructed not to lean back on their wrists.
8. Prisoners should be transported in a manner that allows for constant
visual observation. Officers operating vehicles equipped with video
should consider activating the camera to document the prisoner during
transport. 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 emergency
room for treatment.
b. Escorting officers shall remain with the patient at all ti s
unless relieved by other authorized personnel. (this r*r ! - I
include medical staff) ca
c. Potentially violent persons in custody shall be restrained4t all T_�
times in treatment facility unless such restraint would interfere:
with essential treatment. W
d. In the event a prisoner who has committed a seri, s offeen�sse is
admitted to a hospital, long-term security may be appropriate. In
such cases the supervisor of the arresting officer shall design a
schedule that permits 24-hour security of the prisoner. Adequate
rotation of officers will be maintained. Visitors, including phone
contact, not approved by the Police Department shall be prohibited.
Officers shall avoid fraternization with the prisoner.
e. When released from the hospital, the prisoner shall be transported
to the appropriate holding facility. The transporting. officer shall
ensure that all hospital treatment instructions and medication
directions are given to the holding facility staff.
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, transport van, 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
OPS-09.5
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.
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 shall
ensure that visual contact is maintained with the subject at all times.
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. When officers are detained for a period of time waiting for jail entry
authorization, they shall monitor the well being of their prisoners and
ensure that restraints have not unduly tightened. Officers assigned to
the prisoner holding van will check handcuffs of prisoners and make
sure they are properly adjusted before they are placed in the vehicle.
The officer will inform dispatch of the check and the prisoner's name.
At regular intervals, the officer will verbally check with the prisoners to
make sure no problems have developed. If a problem develops, with
two officers present and at the officer's discretion, the prisoner may be
removed from the vehicle and the handcuffs checked. jt checE# will
be noted in the CAD log. n a
18. Upon arrival at the Johnson County jail, weapons shall t ,s6cun -i_.-i
the provided lockers.
19. Prisoners are in the custody of the Iowa City Police Del rthlent antil'-'
they are received by Johnson County Jail personnel or, leasem y
the officer.
20. 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.
21. 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.
Samberl-Iftadihe, 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.
PJ
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OPS 03.1
USE OF
FORCE
Date of Reissue General Order Number
April2B 2001 99-05
Effective Date Section Code
April27 2006 OPS-03
Reevaluation Date Amends / Gaasels
April 2007 95-03
C.A.L.E.A. Reference
1.3.1 - 1.3.8 1.3.13
INDEX AS:
Use of Force
Significant Force
Use of Force Model
Arrests
PURPOSE
Reporting
Investigation
Canine
Warning Shots
O
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Tl
The purpose of this policy is to provide members of the Iowa Cit?Police:5
Department with guidelines on the use of deadly and non -deadly force.
IL POLICY
The Iowa City Police Department recognizes and respects the value and special
integrity of each human life. In investing officers with the lawful authority to use
force to protect the public welfare, a careful balancing of all human interests is
required. Therefore, it is the policy of the Iowa City Police Department that police
officers shall use only that force that is reasonable and necessary to effectively
bring an incident under control, while protecting the lives of the officers and
others.
OPS 03.2
III. DEFINITIONS
Definition - Deadly force (Section 704.2, Code of Iowa) for the
purpose of this policy shall mean any of the following:
1. Force used for the purpose of causing serious injury.
2. Force which the actor knows, or reasonably should know, will
create a strong probability that serious injury will occur.
3. The discharge of a firearm, in the direction of some person with the
knowledge of the person's presence there, even though no intent to
inflict serious physical injury can be shown. o
O �-
4. The discharge of a firearm, at a vehicle in which a person t 6,OW -
to be. N)
Definition - Serious injury (Section 702.18 Code of Iowa)
Means disabling mental illness, or bodily injury which creates a sultantiab
risk of death or which causes serious permanent disfigurement, or"
protracted loss or impairment of the function of any bodily member or
organ.
(Definition - Reasonable force (Section 704.1, Code of Iowa)
Is that force and no more which a reasonable person, in like
circumstances, would judge to be necessary to prevent an injury or loss
and can include deadly force if it is reasonable to believe that such force is
necessary to avoid injury or risk to one's life or safety or the life or safety
of another, or it is reasonable to believe that such force is necessary to
resist a like force or threat. Reasonable force, including deadly force, may
be used if an alternative course of action is available if the alternative
entails a risk to life or safety, or the life or safety of a third party, or
(requires one to abandon or retreat from one's dwelling or place of
(business or employment.
Definition - Reasonable officer: Objective Standard
1. "The 'Reasonableness' of a particular use of force must be judged
fro
e scene ra er
than with the 20/20 vision of hindsight. Graham v. Connor, 109,
S.Ct. 1865,1872. (1989)
2. "Reasonableness" also takes into account that police officers make
judgements in a split second under circumstances that are "tense,
—ni
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OPS 03.3
uncertain, and rapidly evolving - about the amount of force that is
necessary in a particular situation. Graham v. Connor, 109 S.Ct.
1865,1872. (1989)
Definition - As used in this policy, "less lethal munitions"
Means projectiles which are designed to stun, temporarily incapacitate, or
cause temporary discomfort to a person.
IV. Code of Iowa - Use of Force in Making Arrests and
Preventing Escape
Section 804.8 Use of force by peace officer making an arrest.
A peace officer, while making a lawful arrest, is justified in the use of any
force which the peace officer reasonably believes to be necessary to
effect the arrest or to defend any person from bodily harm while making
the arrest. However, the use of deadly force is only justified when a
person cannot be captured any other way and either:
1. The person has used or threatened to use deadly force in
committing a felony, or
2. The peace officer reasonably believes the person would use deadly
force against any person unless immediately apprehended.
'o d
0
peace officer making an arrest pursuant to an invalid warrant is justified
the use of any force which the peace officer would be justified in using if
--Jhe warrant were valid, unless the peace officer knows that the warrant is
N
m " iC�Valid.
S�tion 804.13 Use of force in preventing an escape.
H
A peace officer or other person who has an arrested person in custody is
justified in the use of such force to prevent the escape of the arrested
person from custody as the officer or other person would be justified in
using if the officer or other person were arresting such person.
V. PROCEDURES
DEADLY FORCE
A. Purpose of statement
1. To delineate the Department's policy regarding the use of deadly
force.
OPS 03.4
2. To establish policies under which the use of deadly force is
permissible.
j B. Policy
1. Officers of the Iowa City Police Department may fire weapons to
stop or incapacitate an assailant to prevent serious bodily injury or
death. For this purpose and to minimize danger to innocent
bystanders, the officer should shoot at the center body mass,
whenever possible.
2. An officer may use deadly force to protect him/herself or others
from what he/she reasonably believes to be an immediate threat of
death or serious injury.
3. An officer may use deadly force to effect the capture or prevent
escape if:
a. the person used or threatened to use deadly force in committing
a felony, and
b. the peace officer reasonably believes the person would use
deadly force against a person unless immediately apprehended.
4. No distinction shall be made relative to the age of the intended
target.
5. Warning shots by officers of the Iowa City Police Department are
prohibited.
6. A verbal warning shall be utilized prior to an officer discharging a
weapon unless it would compromise the safety of the officer or
others.
7. Shooting at or from a moving.vehicle is prohibited, except under the
following circumstances:
a. When the occupant of the vehicle is utilizing deadly force
against the police officer or other persons.
b. As a last resort to prevent death or serious injury to officers
J-'
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'1
c. As a last resort.to apprehend a person who has just corn' mitted a`"
felony resulting in death or serious injury.
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OPS 03.5
d. The discharge of firearms shall not be utilized when
circumstances do not provide a high probability of striking an
intended target or when there is substantial risk to the safety of
other persons, including the risk of causing vehicle accidents.
C. Injuries resulting from Use of force.
1. Officors shall render appropriate first aid to any person injured or
complaining of pain following the use of force.
2. EMS will be summoned to the scene to ensure delivery of
appropriate medical treatment when:
a. Requested by the subject(s) involved. O
T
b. The extent of an injury is unknown or not visible.
c. The nature or extent of the injury dictates.Cn
Officers shall err on the side of caution, requesting EMS to r4spond o
to the scene if in doubt about the existence or extent of an injury.
D. Surrender of firearm.
When officers or employees discharge a firearm that results in
personal injury or death to any person, the officer or employee shall
surrender that firearm to his/her supervisor or a higher authority
consistent with departmental directives. Firearms involved in police
shooting incidents shall not be unloaded, cleaned, nor in any way
altered from the condition immediately following discharge other than
to make the weapon safe for transport.
1. When more than one officer or weapon has been involved in a
shooting situation resulting in any injury or death, the involved
weapons must be surrendered to the commanding officer in
accordance with departmental directives.
2. The commanding officer receiving such firearm or firearms shall
immediately secure and document the same as evidence.
A. Where deadly force is not authorized under this policy, officers should
assess the incident in order to determine which less lethal technique
will best de-escalate the incident and bring it under control in a safe
manner. Officers shall use no more force than is reasonably necessary
OPS 03.6
to gain control of an individual or situation. Officers are authorized to
use force consistent with the Use of Force model.
B. Definition -Use of Force.
Use of force is any contact applied by an officer that significantly
restricts or alters the actions of another and/or compels compliance
with the demands or instructions of the officer. This includes the use of
restraint devices such as handcuffs.
C. An officer shall use no more force than that officer reasonably feels is
necessary in the performance of their official duties. Use of force by an
officer is justified in, but not limited to, the following situations:
Cl
1. To protect the officer or others from physical harm. O
2. To control an arrestee or a potentially violent person. 771
N3_
_--�_ CO3. To restrain or subdue a resistant individual. D
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Approved restraint devices are handcuffs (hinged and chaff style);
flexcuffs and nylon leg restraints. o
4. To bring an unlawful situation safely and effectively under control.
D. Officers shall render appropriate first aid or ensure medical treatment
is provided to any person injured or complaining of pain following the
use of force.
E. Officers shall offer medical treatment at a hospital to any non -
combative person who has been exposed to a chemical irritant / OC
spray. Officers shall decontaminate a person exposed to a chemical
irritant and continue to monitor the condition of that person until they
are no longer in the custody of the officer.
NOTIFICATIONS
A. Any officer whose discharge of a firearm results in a serious injury or
death shall immediately contact his/her supervisor. If this is not
practical, the officer shall contact the on -duty patrol supervisor. The
1. The involved officer's division commander.
a. It shall be the Division Commander's responsibility to notify the
Chief of Police.
OPS 03.7
b. If the Division Commander cannot be notified, a watch
supervisor shall notify the Chief of Police.
2. The County Attorney of the county in which the incident occurred.
3. The City Attorney.
4. The City Manager.
5. The Criminal Investigation Commander or his/her designee.
O
B. The on -duty watch supervisor shall be immediately f�5tified =ar
summoned to the scene of any incident where use of force reit 1
physical injury. —;
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;.
C. The on -duty watch supervisor shall be immediately notified =Wen £�° '� �
chemical irritatant / OC spray is utilized.
0
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REPORTING USE OF FORCE INCIDENTS
A. Discharge of Firearms -report required.
Any officer who discharges a firearm for any reason or purpose other
than those exceptions listed in this section, shall make a written report
to his/her immediate supervisor as soon as circumstances permit. This
written report will then be forwarded through the chain of command to
the Chief of Police for review. Exceptions to the requirement of a
written report applies to the following circumstances in which no
accident or injury results:
1. The discharge of firearms on firearm ranges or in an area for
firearms practice.
2. Sporting events to include lawful hunting and organized shooting
matches.
B. When, in accordance with applicable law, it becomes necessary for an
officer to discharge a firearm to destroy an animal which presents a
.danger or is seriouslyInjured or ill, the vffn.
the firearm, request permission to do so from the on -duty supervisor. if
such action must be immediately taken in order to protect the officer's
or another person's safety, the officer need not delay action in order to
request this permission. The Watch Supervisor must be notified,
OPS 03.8
however, immediately after the firearm is used. A Use of Force report
is required.
C. Review Committee
Use of force incidents shall be reviewed by a committee consisting of a
minimum of three sworn personnel. The committee shall consist of a
Division Commander, the Sergeant of Planning and Research and/or
Training Sergeant, and a third person designated by the Division
Commander. This group will, at a minimum, meet every two months to
review the Use of Force reports from the previous two months.
1. The purpose of this committee shall be to review all facts and
reports concerning use of force incidents for: appropriateness of
force used, for any training which may be necessary, and/or any
need for policy changes. This committee will make
recommendations on these matters to the Chief of Police.
All shooting incidents, with the exception of the destruction of
animals, shall be reviewed by a Division Commander and a
committee made up of five members of the department. This
committee shall include a Lieutenant, a Sergeant, and three officers.
2. The purpose of this committee will be to review all facts and reports
concerning shooting incidents (absent destruction of animals, such
cases being reviewed by the Use of Force Review committee) for
appropriateness of force used, for any training recommendations
which are necessary, and/or any need for policy changes. This
committee will make recommendations on these matters to the
Chief of Police.
D. Reporting a Use of Force Incident.
1. A Use of Force report with a written narrative regarding any use of
force incident will be included with an incident report. The report(s)
shall contain the following information:
a. Arrestee/suspect information.
O
b. Incident number(s), date and time of incident, and repo�g
pffjrar
c. Description of actual resistance encountered. T,
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d. All required fields completed in Use of Force report. D7�
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OPS 03.9
e. The force used by the officer to overcome the resistance and
the specific weapon or technique used.
f. A description of any alleged or actual injuries to either the officer
or suspect.
g. Pictures taken of any injuries to either the officer or suspect
h. Exposure to Chemical Irritant / OC spray will additionally require
the documentation of hospital treatment being offered,
supervisor notification, and decontamination procedures.
2. When the only use of force is the application of handcuffs, double
locked, no use of force report is necessary. The application of
handcuffs, double locked will be documented on a written complaint
or citation or in the body of an incident report.
3. A supervisor of the reporting person shall review the report for
adherence to Department policy and procedure and document their
conclusions.
4. All reports concerning use of force shall be forwarded through the
chain of command to the Division Commander for review.
E. At a minimum, the Chief of Police and/or designee will review all
reports and incidents of force annually. A review of reportsi d
incidents of force could reveal patterns or trends that indiczA train4
needs and/or policy modifications. �z0 ,o
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INVESTIGATION OF USE OF FORCE RESULTING IN DEATH Of2C Tl
SERIOUS INJURY
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A. When any member of the police department is involved in an ` identca
resulting in death or serious injury, a thorough and objective`s
investigation of facts and circumstances will be initiated as soon as
practical by the Chief of Police's designees and completed as soon as
practical.
B. The Chief of Police or his/her designee shall decide whether the DC]
and/or any other outside agency shall be called to assist in the
C. If an incident resulting in death or serious injury which involves a sworn
Iowa City police officer occurs in another police jurisdiction, the officer
shall cooperate with that jurisdiction, as set forth in Iowa City Police
Department directives.
OPS 03.10
D. The on -duty watch commander/supervisor shall ensure that
appropriate case reports are initiated and that potential evidence is
preserved.
E. The officer(s) involved in the death or serious injury may be relieved of
field duty without the loss of pay or benefits, pending the results of the
departmental investigation. Other officers involved in the incident also
may be relieved of field duty without loss of pay or benefits at the
discretion of the Chief of Police, while the investigation is pending:
1. The officer shall be available at all times for official interviews and
statements regarding the case, and shall be subject to recall to duty
at any time. The officer must receive permission from the Chief of
Police, or the Chiefs representative, prior to leaving the
metropolitan area. If such permission is given, the officer shall
supply phone number(s) of their location and duration of their
absence.
2. The officer will not discuss the case with anyone except the
prosecuting attorney and/or persons designated by the Chief of
Police or their designee. This does not prohibit the officer from
discussions with their attorney. If the officer may be the subject of
internal review or criminal charges their constitutional rights and
administrative protections will be maintained. The officer will attend
post -traumatic stress counseling at the discretion of the Chief of
Police.
3. At the discretion of the Chief of Police, the officer may be returned
to duty upon departmental receipt of a letter from the counselor or
mental health professional indicating the officer's fitness for duty.
F. The investigation and administrative leave policy outlined herein is not
intended to imply or indicate the officer has acted improperly, but is
designed to safeguard the officer and the Department.
CJ
G. The Chief of Police may appoint one or more individuals to cgSidpct
separate yet parallel (administrative) investigation into a use bForcef
incident to ensure all personnel followed departmental poli_c%�s; arg =
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USE OF FORCE MODEL c-n
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A. Police officers are given the unique right to use force, even deadly
force, against others for legitimate law enforcement purposes. The
OPS 03.11
right to use force carries with it an obligation to use that force in a
responsible manner. Police agencies have an obligation to provide
their employees with the policies, training, and tools necessary to
accomplish their mission. Selection of a use of force response from
the options articulated in this model will be based on: the skills,
knowledge, and ability of the officer; the perceived threat and amount
of resistance offered by a subject; and consideration of the situational
framework. A defined Use of Force model will enhance the
department's ability to manage the use of force and will benefit the
officer by providing guidance, resources, and options.
B. Officers of the Iowa City Police Department shall follow the principles
of the Use of Force model. The model describes an escalation of force,
which is based on a reasonable officer's perception of threat or
resistance. As a subject's resistance escalates, more force options
become available to the officer. When resistance stops, the officer
must de-escalate, but only after control (e.g. handcuffing) is
accomplished. Officers of the Iowa City Police Department must
generally employ the tools, tactics, and timing of force utilization
consistent with the Model's proscription and training protocols. Due
to the fact that officer/citizen confrontations occur in environments that
are potentially unpredictable, "tense, uncertain, and rapidly evolving"
(Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may
utilize tools, tactics, and timing outside the parameters of the Model.
However, these applications of force must meet the same test of
reasonableness as those which have been previously identified and
approved by the Department.
O
C. Reasonable officer's perception/Reasonable officer's respon &e s&e
attached matrix) % —
`A o
Samuel arg ne, Chief of Police
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 sensewith respect to
third -party claims. Violations of this directive will only form the basis for
OPS 03.12
LEVEL ONE
Perception - Subject is compliant
Response - Cooperative controls (includes:
positioning, communications skills, handcuffing
searching techniques, arrest and transport controls)
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mental preparation, spat
positions and tec"niquesq
COOPERATIVE
CONTROLS
USE OF FORCE MODEL — FUNCTIONAL PROFILE
COMPLIANT
LEVEL I
COOPERATIVE CONTROLS
MENTAL PREPARATION
>
>
>
PERCEPTION SKILLS
RISK ASSESSMENT
SURVIVAL ORIENTATION
SPATIAt.POSITIONING
>
>
>
OFFICER STANCE
BODYLANGUAGE
RELATIVE POSITIONING
COMMUNICATION SKILLS
>
>
VERBAL
NON-VERBAL
HANDCUFFING
POSITIONS
>
>
>
>
WALL
STANDING
PRONE
KNEELING
TECHNIQUE
>
CONTROLLED
-HANDCUFFING
SEARC
INGTECHNIQUES
>
>
>
>
WALL
STANDING
PRONE
KNEELING
SPECIALIZED
TECHNIQUES
>
>
>
OPPOSITE SEX
FRISK
STRIP
ARREST TECHNIQUES
>
>
SINGLE OFFICER
MULTIPLE OFFICERS
ESCORT
CONTROLS
>
>
SINGLE OFFICER
MULTIPLE OFFICERS
TRANSPORT
CONTROLS
>
>
SINGLE OFFICER
MULTIPLE OFFICERS
OPS 03.13
LEVEL TWO
Perception - Subject is passively resistant
Response- Contact controls (includes: contact controls, conflict management
techniques, mass formation arrest techniques (multiple officer lifts, stretchers,
wheelchairs etc.)
USE OF FORCE MODEL - FUNCIONAL PROFILE
RESISTANT PASSIVE LEVEL II CONTACT CONTROLS
ENFORCEMENT ELECTIVES I
CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT
> MULTIPLE SUBJECTS
CONT�CT
> ARM
CONTROLS > WRIST
i > HAND
ARRET TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES
> TRANSPORT TECHNIQUES
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OPS 03.14
LEVEL THREE
Perception -Subject is actively resistant
Response - Compliance techniques (includes: neuro-muscular controls, joint
manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled
stopping devices for fleeing vehicle incidents)
COMPLIANCE TECHNIQUES
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT Active LEVEL III COMPLIANCE TECHNIQUES
ENFORCEMENT ELECTIVES: I & II
> NERVE COMPRESSION TECHNIQUES
COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL
CHEMICAL MUNITIONS
> CONTROL TACTICS
> HEAD
NERVE�OMPRESSION TECHNIQUES: > NECK
NEUR MUSCULAR CONTROLS > ARM
> LEG
CONTR
L TACTICS > WRIST ROTATION
> ELBOW LEVERAGE
BICYCL > TAKE DOWN TECHNIQUES
VEHICLE
PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS
> PACING/TRAILING TECHNIQUES
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OPS 03.15
LEVEL FOUR
Perception - Subject is physically assaultive and may cause bodily injury
Response- Defensive tactics (includes: personal weapon defense, e.g. hands,
knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon
retention techniques)
E OF FORCE MODEL - FUNCTIONAL PROFILE
7VE
ossible Bodily Harm LEVEL
IV
DEFENSIVE TACTICS
ENFORCEMENT ELECTIVES:
I, IL III
PERSONAL
WEAPON DEFENSES
>
>
>
>
>
HEAD
HANDS
ELBOWS
FEET
KNEES
IMPACT WEAPONS ASP
>
STRIKES
LESS
LETHAL WEAPONS
>
>
>
IMPACT PROJECTILES
CANINE OPERATIONS
OTHER OPTIONS -
WEAPON
RETENTION TECHNIQUES (Less Lethal)
>
>
>
FRONT.
REAR
SIDE
OTHER WEAPONS
CANINE
>
CONTROL/APPREHENSION
TECHNIQUES
*Deployment of canine for apprehension/protection shall be preceded by actions
of suspect which are consistent with level 4 (Assaultive- Bodily Harm) behavior
The exception to this is the deployment of canine for building searches q5 relateg
circumstances, where the suspect actions are not known. In this circurcfsWce�
procedures spelled out in the "Canine Operations" General Order (99-04)-§ihall�:a �f
be followed.
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OPS 03.16
LEVEL FIVE
Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or
death
Response- Deadly force (includes: weapon/weapons attack defense, lethal force
utilization with service/supplemental weapons, forcible stopping techniques for
assault with vehicle incidents)
USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSA
Serio
LTIVE LEVEL V DEADLY FORCE
s Bodily Harm/Death
ENFORCEMENT ELECTIVES; I, II, III & IV
ATTACK
> WEAPON
DEFENSE > WEAPONLESS
> WEAPON RETENTION TECHNIQUES -
LETHA
> SERVICE WEAPON
FORCE UTILIZATION > SUPPLEMENTAL WEAPON
> OTHER OPTIONS
OTHE OPTIONS: > CONTACT
FO CIBLE STOPPING TECHNIQUES > - ROADBLOCK
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i ! IOWA CITY POLICE DEPARTMENT
2006F,227 PH 1: 2S USE OF FORCE REPORT
February 2006
&MC'�k 44x1W INC #
INCIDENT
FORCE USED
60,20,18 020106 5420
OWI
Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques to
place the subject in handcuffs.
51 020206 5558
Felony Traffic Stop
Officer drew sidearms when assisting in
the arrest of a subject who had
attempted to elude police. Subject was
taken into custody without incident.
31,511, 020206 5742
Armed Subject
Officers drew sidearms when
responding to a report of a subject
armed with a handgun. Subjects were
taken into custody and searched
without incident.
55 020306 5927
Search Warrant
Subject attempted to destroy evidence
during a search warrant and refused to
comply with Officer directives.
Officers used control techniques to
prevent further destruction of evidence
and place handcuffs on the subject.
58,$9 020406 6012
Assault
Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques to
place handcuffs on the subject.
59,48,19 020406 6131
Stolen Vehicle
Officers drew sidearms and a long
weapon when stopping a vehicle that
had been reported as stolen and had
two occupants. Subjects were taken
into custody without incident.
2$ 020506 6175
Disorderly Conduct
Officer used control techniques to
prevent a subject from assaulting
another.
95,30,55 020906 6739
Building Search
Officers drew sidearms to search the
residence of a subject involved in a
shooting. The subject was not located.
58 021206 7277 911 Call
58021206 7297 Disorderly Conduct
57 021206 7367 Traffic Stop
19 021206 7400 Theft
38,06,52 021306 7500 Armed Subject
27 022006 8644 Juvenile Complaint
36
022206
8920
Assault
56,13
022406
9283
Traffic Stop
44 022506 9445 Juvenile Complaint
Subject had been placed under arrest
and was in handcuffs. Subject refused
to get into a squad car to be
transported. Officers used control
techniques to direct the subject into the
squad car.
Subject fled on foot from Officers after
being told they were under arrest.
After catching up with the subject
Officers used control techniques to
place them in handcuffs.
Subject fled on foot during a traffic
stop. Officer used control techniques
to direct the subject to the ground and
place them in handcuffs.
Officer drew sidearm when confronting
a subject who had been hiding in a
closet during a search of a residence.
The subject was taken into custody
without incident.
Officers drew sidearms and long
weapons when they came into contact
with a subject who was reported to be
armed. The subject was taken into
custody without incident.
Subject was taken into custody and
refused to get into a squad car to be
transported. Officer used control
techniques to direct subject into the car.
Officer use control techniques to
prevent a subject from assaulting them.
Subject armed themselves with a knife
during a traffic stop. Officers used
control techniques to direct the subject
out of the car and place them in
handcuffs.
Subject was damaging the property of
another. Officer used control
techniques to prevent the subject from
causing additional damage and to place
them in handcuffs.
09,3,1 022606 9554 Fight in Progress Officers exposed a subject to OC to
prevent them from assaulting another.
Subject also resisted handcuffmg
efforts. Officers used control
techniques to place the subject in
handcuffs.
30,5719 022706 9834 Traffic Stop Subject was placed under arrest and
resisted handcuffing efforts. Officers
exposed the subject to a chemical
irritant and used control techniques to
place the subject in handcuffs.
13, 022806 9981 Intoxicated Subject Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
March 2006
OFFICER DATE INC # INCIDENT
FORCE USED
—12,31,09 030206 10179 Warrant Service
Subject was wanted on an arrest
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warrant and attempted to run from
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Officers. Officers used control
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techniques to prevent the subject from
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running and place them in handcuffs.
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Once handcuffed the subject then
assaulted Officers by kicking and biting
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them. Officers used control techniques
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to place the subject in leg restraints to
prevent further assaults.
52 030306 10434 Injured Animal
Officer used sidearm to dispatch an
injured opossum.
81,58', 030806 11223 Suicidal Subject
Subject attempted to harm themselves.
Officers used control techniques to
place the subject in handcuffs to be
transported. Once handcuffed the
subject then assaulted Officers by
kicking them. Officers used control
techniques to place the subject in leg
restraints to prevent further assaults.
44,13031006 11669 Traffic Stop
Subject resisted a search of their person
incident to an arrest. Officers used
control techniques to secure the subject
and complete the search.
18 031806 12785 Trespass
Subject had been placed under arrest
and put in handcuffs. Subject then
refused to take a seat in a squad car to
be transported. Officers used control
techniques to escort the subject into the
squad car.
31,09 031806 12794 Fight in Progress
Subject was involved in a fight and
assaulted an Officer trying to disperse
the disturbance. Subject was placed
under arrest and resisted handcuffing
efforts. Officers used control
techniques and exposed the subject to a
chemical irritant to place them in
handcuffs.
20 031806
12795 Public Intoxication Subject was placed under arrest and put
in handcuffs. Subject refused to be
seated in a squad for transport.
Officers used control techniques to
escort the subject into the squad car.
12,23 031906
12944 Public Intoxication Subject had been placed under arrest
and handcuffed for public intoxication.
Subject resisted a search of their person
-
incident to this arrest. Officers used
control techniques to complete a search
of the person. Subject then refused to
be seated in a squad car for transport.
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Officers used control techniques to
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escort the subject into a squad car.
Once at JCSO subject then refused to
exit the squad car. Officers used
control techniques to escort the subject
out of the squad car.
37 031906
12969 Robbery Officer drew sidearm when responding
to a report of a robbery in progress.
Subject was taken into custody without
incident.
16 032406
13722 Warrant Service Officer drew long weapon to take a
subject into custody that was wanted on
a felony warrant and trying to evade
arrest. Subject was taken into custody
without incident.
51 032506
13879 Criminal Mischief Subject fled on foot during a criminal
mischief investigation. Officer used
control techniques to direct the subject
to the ground and place them in
handcuffs.
33 032506
13967 Domestic Subject fled on foot during a domestic
assault investigation. Officer used
control techniques to direct the subject
to the ground and place them in
handcuffs.
35 032906
14567 Disorderly Conduct Officer drew expandable baton and
used control techniques to prevent a
subject from assaulting another.
Subject was taken into custody without
incident.
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TO:
FROM:
REF:
DATE:
Chief Hargadine
Captain Widmer
January -February Use of Force Review
March 30, 2006
The "Use of Force Review Committee" met on March 28, 2006. It was composed of Captain
Widmer, Sgt. Lord, Sgt. Hart and Officer Mebus.
The review of submitted reports for January (17 incidents-19 reports) and February (20
incidents-19 reports) revealed no policy or training concerns. Of the 37 incidents, 1 was for the
destruction of an animal and 5 were for drawn sidearm only (building search or felony stop).
Officers at(e to be commended for their reporting during this period. No reports were noted to be
returned for any discrepancies.
Copy: City Manager, PCRB, Watch Commanders, Review Committee
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MEMORANDUM
TO: File /
FROM: Captain Johnson, Field Operations /X
RE: Quarterl /Summary Report (Quarter 1)- IAIR/PCRB, 2006
DATE: April 6, 2006
Attached you will find the 2006 Quarterly Report, quarter 1, for the Iowa City Police
Department Internal Affairs/Police Citizen's Review Board investigative file.
cc: PCRB
Chief Hargadine
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Year: 2006
IAIR/PCRB 0uarterl -Summary Report- (Quarter 1)
I.A.I. M05-09
PCRB M none
Incident Date:11-13-05
Incident Time: 2:15AM
Location: Burlington/Dubuque
Date Assigned: 11-28-06
Reason for Allegation:
1)lmproper conduct
Disposition:
1) Not sustained
I.A.I. #:06-01
PCRB M none
Incident Date:02-04-06
Incident Time: 8:10AM
Location: Washington/Clinton
Date Assigned: 02-07-06
Reason for Allegation:
1) Differential treatment
Disposition:
1 Unfounded
I.A.I. 0:06-02
PCRB #: 06-01
Incident Date:01-06-06
Incident Time: 2:05AM
Location: 10 Blk. N. Riverside Dr
Date Assigned: 02-07-06
Reason for Allegation:
1) Improper Search
Disposition:
1 Exonerated
I.A.I. #:06-03
PCRB #: 06-02
Incident Date:01-15-06
Incident Time: 1:50PM
Location: 601 Hwy. 6 West
Date Assigned: 03-06-06
Reason for Allegation:
1) Differential treatment
2) Improper Conduct
Disposition:
Pending
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I.A.I. #:06-04
1 PCRB #: none
Incident Date: 03-15-06
Incident Time: 11:05AM
Location: Hjhy 6/Broadway
Date Assigned: 03-17-06
Reason for Allegation:
1) Improper demeanor
2) Differential treatment
Disposition:
Pending
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May 9, 2006 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #06-01
Filed: 02/03/06
Chief's Report due (90days): 05/04/06
Chiefs Report filed: 04/28/06
PCRB Report due (45days): 06/12/06
PCRB Complaint #06-02
Filed: 03/02/06
Chief's Report due (90days): 05/31/06
Chief's Report filed:
PCRB Report due (45days):
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
March 2006
Date Description
3_28 Complainant called and did not wish to be contacted again by the Police
or PCRB. He stated he had received numerous letters from Police
Department and PCRB and returned them. He had just received (final
report) from PCRB and was going to return that. He indicated he did not
wish to withdraw complaint, just no more contact.
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
April 2006
Date Description
4/3/06 Complainant called wanting to know status of complaint.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
TO: City Council
Complainant
Stephen Atkins, City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #05-04
DATE: March 21, 2006
This is the Report of the Police Citizens Review Board's (the "Board") review of
the investigation of Complaint PCRB #05-04 (the "Complaint").
Board's Responsibility
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job
is to review the Police Chief's Report ("Report") of his investigation of a
complaint. The City Code requires the Board to apply a "reasonable basis"
standard of review to the Report and to "give deference" to the Report "because
of the Police Chiefs professional expertise" (Section 8-8-76 (2). While the City
Code directs the Board to make "findings of fact", it also requires that the Board
recommend that the Police Chief reverse or modify his findings only if these
findings are "unsupported by substantial evidence", are "unreasonable, arbitrary
or capricious" or are "contrary to a Police Department policy or practice or any
Federal, State or Local Law". Sections 8-8-713 (2) a.
Board's Procedure
The Complaint was received at the Office of the City Clerk, November 22, 2005.
As required by Section 8-8-5 of the City Code, the Complaint was referred to the
Chief of Police for investigation.
The Chief's Report was due on January 31, 2006 and was filed with the City
Clerk on January 10, 2006.
The Board voted to review the Complaint in accordance with Section 8-8-
713(1)(a), on the record with no additional investigation.
The Board met to consider the Report on February 14, 2006.
Findinas of Fact
The complaint alleges Officer A failed to properly investigate a disturbance
complaint and used a condescending tone.
The general facts of the incident, as follows, are not in dispute. On October 27,
2005, at approximately 1918 hours, the complainant reported a disturbance in
the apartment above the complainant's. In the complaint filed with the PCRB the
complainant described the disturbance as "... pounding, jumping, and stomping."
Upon arrival of Officer A, there was no disturbance as described by the
complainant. The complainant also mentioned vandalism to private property and
related this to living noise. There was no further discussion of vandalism.
On November 15, 2005, during the subsequent police department investigation,
both Officer A and the complainant were interviewed. As per complainant's
request, Officer A spoke with the complainant prior to speaking with the residents
of the apartment above the complainant's. The complainant stated Officer A
asked "Is this about the kids again?" and felt it was said in a condescending tone.
Officer A maintained the conversation was professional in nature. The Internal
Investigation Report, dated November 15, 2005, suggests prior complaints with
police response. After speaking with the complainant Officer A went upstairs and
spoke with a person in the apartment about the complaint. Officer A reported not
hearing any type of disturbance while interviewing the complainant or speaking
with the person at the apartment above the complainant's. The complainant did
not state there was any type of disturbance while the officer was present.
The complainant stated past similar disturbances have caused pictures to fall
and ceiling light globes to fall to the floor. The complainant does not believe the
disturbance was normal household noise.
In the Interview Report dated November 15, 2005, the complainant stated there
to be one actual complaint, that being the perceived condescending manner in
which Officer A asked, "Is this about the kids again?"
Conclusion
By unanimous vote, the Board set the Level of Review for this complaint at 8-8
7(B)(1)a, believing there to be enough information in the Chief's Report, and
other attached materials, to allow the Board to come to an informed conclusion.
The Board vote was 3-0 with 2 members of the Board absent. The Board finds
allegation #1 to be not sustained. The officer responded to the call, spoke with
the complainant prior to contacting the people in the other apartment, spoke to a
person at the other apartment about the problem, and provided the complainant
an alternative course of action to the problem. There is a question if the noise
perceived by the complainant is a "disturbance" or is usual noise associated with
multiple -story, apartment living.
The Board further finds allegation #2 to be not sustained. From the interviews of
the Officer and the complainant, it is evident that other complaints have been
lodged by the complainant concerning disturbances and that Officer A had some
knowledge of those complaints. This would account for the question, "Is this
about the kids again?" Other than the words used there is nothing in the
complainant's complaint or interview that suggests the tone used by the officer
was condescending. It does suggest repetition of complaints which might lead to
a perception of a condescending tone on the part of the complainant or an actual
frustrated or condescending tone on the part of the responding officer. With the
evidence before it, it is impossible for the Board to ascertain if either of these
accurately portrays what occurred.
The Board concludes the findings of the Chief of Police are supported by
substantial evidence, are reasonable, not arbitrary or capricious, and are
consistent to a Police Department policy or practice or any Federal, State or
Local Law.
Complaint #05-04
Allegation # 1: Failure to properly investigate a complaint
Allegation #1 against Officer A is not sustained.
Allegation # 2: Using a condescending tone when speaking to complainant
Allegation #2 against Officer A is not sustained.
Comment
None.