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HomeMy WebLinkAbout12-03-2014 Citizens Police Review BoardMEMORANDUM CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City DATE: November 26, 2014 TO: CPRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on December 3, 2014 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 12/03/14 • Minutes of the meeting on 11/10/14 • Minutes of the meeting on 11/25/14 • ICPD Department Memo #14-28 (October 2014 Use of Force Review) • ICPD Use of Force Report — October 2014 • ICPD General Order 08-01 (Conducted Energy Devices) • ICPD General Order 00-08 (Weapons) • ICPD General Order 00-10 (Evidence and Property Handling Procedures) • 18th Annual Citizens Police Academy • Office Contacts — November 2014 • Complaint Deadlines 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 AGENDA CITIZENS POLICE REVIEW BOARD December 3, 2014 — 6:00 P.M. HELLING 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 11/10/14 • Minutes of the meeting on 11/25/14 • ICPD Department Memo #14-28 (October 2014 Use of Force Review) • ICPD Use of Force Report — October 2014 • ICPD General Order 08-01 (Conducted Energy Devices) • ICPD General Order 00-08 (Weapons) • ICPD General Order 00-10 (Evidence and Property Handling Procedures) ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS 6 Discussion of proposed CPRB-related amendments to the Charter 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 • January 13, 2015, 5:30 PM, Helling Conference Rm • February 10, 2015, 5:30 PM, Helling Conference Rm • March 10, 2015, 5:30 PM, Helling Conference Rm • April 14, 2015, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT E 1 - CITIZENS POLICE REVIEW BOARD MINUTES — November 10, 2014 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Fidencio Martinez Perez, Mazahir Salih, Joseph Treloar MEMBERS ABSENT: Royceann Porter STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Captain Doug Hart of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #14-09 CONSENT CALENDAR Motion by Treloar, seconded by Salih, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 10/13/14 • ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 3rd Quarter 2014) • ICPD Memorandum #14-20 (September 2014 Use of Force Review) • ICPD Use of Force Report— September 2014 Motion carried, 410, Porter absent. OLD BUSINESS None NEW BUSINESS None PUBLIC DISCUSSION None, BOARD INFORMATION Treloar commented on the article written in the paper about Officer Schwindt initiating the Thank you Iowa City program and how it highlighted one of the many good things the police department is doing in the downtown area. Jensen officially welcomed the new Board member Fidencio Martinez Perez. STAFF INFORMATION None CPRB November 10, 2014 Page 2 EXECUTIVE SESSION Motion by Salih, seconded by Treloar 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, 4/0, Porter absent. Open session adjourned at 5:35 P.M. REGULAR SESSION Returned to open session at 6:39 P.M. Staff will email available dates to the Board for a special executive session only meeting. Motion by Treloar, seconded by Salih to set the level of review for CPRB Complaint #14-04 to 8-8-7 (13)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Porter absent. Motion by Jensen, seconded by Salih to summarily dismiss CPRB Complaint #14-09 due to the complaint not being filed within 90 days of the alleged misconduct. Motion carried. 4/0. Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) e December 9, 2014, 5:30 PM, Helling Conference Rm (Moved to December 3rd) January 13, 2015, 5:30 PM, Helling Conference Rm • February 10, 2015, 5:30 PM, Helling Conference Rm Motion by Jensen, seconded by Salih to move the December 9th meeting to Wednesday, December 3rd at 5:00 P.M. due to scheduling conflicts. Motion carried, 4/0, Porter absent. ADJOURNMENT Motion for adjournment by Salih, seconded by Treloar. Motion carried, 4/0, Porter absent. Meeting adjourned at 6:44 P.M. I / x x Q o x o x\ ; ; I l x x x i x) . i \ i x # . x / l x o; x x! x§ / \ \ A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 ..B REPORT OF 41 1 .. DISMISSALi CPRB Complaint #14-09, filed October 9, 2014, was summarily dismissed as required by the City Code, Section 8-8-3 D and 8-8-3 E. The complaint was not filed within 90 (ninety) days of the alleged misconduct. DATED: November 10, 2014 CITIZENS POLICE REVIEW BOARD MINUTES — November 25, 2014 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 4:02 P.M. MEMBERS PRESENT: Fidencio Martinez Perez, Mazahir Salih (4:14 P.M.), Joseph Treloar MEMBERS ABSENT: Royceann Porter STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL None EXECUTIVE SESSION Motion by Treloar, seconded by Martinez 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, 3/0, Porter and Salih absent. Open session adjourned at 4:03 P.M. REGULAR SESSION Returned to open session at 5:10 P.M. Motion by Treloar, seconded by Salih to set the level of review for CPRB Complaint #14-06 and CPRB Complaint #14-08 to 8-8-7 (13)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (sublect to change) • December 3, 2014, 5:00 PM, Helling Conference Rm •January 13, 2015, 5:30 PM, Helling Conference Rm • February 10, 2015, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Treloar, seconded by Salih. Motion carried, 4/0, Porter absent. Meeting adjourned at 5:12 P.M. -'lj4 A 4wx-0' jy- t�%,4 sa tlQ I ! x ° x x 00 I I !! x! o x x x I I x ! x x x x I l o x x o x N O I t x ® x ® x w Q`NO I! x' x x x x x i o x x x I I x ! x x ! x W x ! x x ! x e ! ! O 's x x ! x °' x o x x ! x N ! x o x I x w x x ! o x ! x 0 x x o x I x DEPARTMENT MEMO 1114-28 TO: Chief Hargadine FROM: Captain Doulas S. Hart RE: October 2014 Use of Force Review DATE: November 23, 2014 The "Use of Force Review Committee" met on November 20, 2014. It was composed of Captain Hart, Sgt. Gaarde and Officer Mike Smithey. For the review of submitted reports in October, 38 Officers were involved in 20 separate incidents requiring use of force. All issues or concerns were identified and addressed at previous levels of review. Of the incidents reviewed for this period: on four occasions a Taser was deployed, on one occasion a Taser was displayed, on one occasion OC was deployed, there was one SRT call out where officers displayed assigned weapons, in five other incidents officers responded to calls where their firearm was displayed, and one Officer dispatched an animal with his weapon. Of the 20 incidents no suspects were injured and one Officer was injured as a result. Please contact me if you have any questions. Copy: City Manager, CPRB, Watch Commanders, Review Committee N Ca N IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT October 2014 Ofc # Date Inc # Incident Foreebsed' 49,89, 10/02 2014010992 Fight In Subject was directed onto a couch after 84,56 Progress batting the officers hands away. A wrist lock was used to gain compliance in the custodial process. Another subject was taken into custody by suing a wrist lock after she pushed the officer. 66,57 10/03 2014011046 Juvenile Call Officers were called to a school to a report of juvenile out of control assaulting others and throwing things. The juvenile was held on the ground when he tried to strike and kick the officers. The juvenile was then transported to the UICH for a psych evaluation. 35 10/04 2014011101 Armed While taking a suspect into custody for an Robbery armed robbery the officer displayed his sidearm to affect custody. 49,68 10/06 2014011195 Suicidal Subject The subject was placed prone during the custodial process using a takedown technique. 24 10/10 2014011316 Weapons The Officer responded to a report of a patron Offense pulling a knife on bar staff upon being removed. The officer approached with his pistol in a low ready position. The subject was taken into custody without incident. 57,48, 10110 2014011342 Weapons One officer displayed a sidearm while three 16,62 Offense displayed patrol rifles at a report of a male subject on a rooftop with a shoulder fired weapon. 10,59, 10/11 2014011359 Weapons Officers displayed firearms towards a subject ,29,35, Offense who was reportedly armed with a rifle inside of 55 his vehicle. Subject taken into custody without incident. 64 10/12 2014011428 Stabbing A taser was deployed on subject who clenched his fists and kicked at officers. 64 10/12 2014011482 Animal Call The officer utilized his sidearm to dispatch an injured deer. 42,40, 10/13 2014011522 Assault A taser was used on subject who kicked officers 35 when they tried to take him into custody for a mental evaluation. Prior to the use of force, the subject made statements you "are going to have to kill me" and "I am going to kill myself". 94,16, 10/16 2014011643 Weapons SRT was called to assist with a subject who 44,87, Threat (SRT reported that he had high powered rifles and 32,29, Call Out) was going to shoot his neighbors. During the 7,48,4 course of the incident, eleven,91ficers displayed 0,52;2 rifles, five displayed handgun"nd one 4,61,E displayed a less lethal weapon.. 4,18,1 5,17,E v 6 35,65, 10/17 2014011678 Fight In Officers responded to a fight in progress. Upon 37,91 Progress arrival, the suspect attempted towalk through the officers and flee the area. Upon officers attempting to gain compliance by holding the subjects arms, he responded in an assaultive manner by flailing his elbows at the officers. The subject then began kicking at officers. A laser was deployed to gain custody 11,2,3 10/18 2014011695 Armed Robbery The officers displayed their sidearms to further 6,55 a felony stop of a vehicle that had just performed a series of armed robberies where a firearm was displayed. 59,68 10/19 2014011731 Assault The subject was being taken into custopy for an earlier fight. The subject tensed up and attempted to pull away from officers despite verbal commands. The subject was directed to the ground using a takedown method to effect the arrest. 48,10, 10122 2014011829 OWI The driver of the vehicle fled on after being 36 stopped for a traffic violation. After being located and informed he was under arrest, the driver tensed up his fists and tried pulling away. The subject was taken into custody after the usage of a taser. 52 10/25 2014011963 Assault The subject was being placed under arrest for assault when he began to spit on the officers and pull away. The subject was placed on the ground and threatened with a taser if he continued his assaultive behavior. The subject had to be manually placed in the back of the police car. 67 10/26 2014012006 Out with After a foot chase, a takedown method was Subject used to further custody. 20,66 10/28 2014012090 Intoxicated The subject refused to stand up while being Subject removed from the hospital for being uncooperative with staff. Officers had to lift the subject up and direct his hands behind his back to effect custody. 22 10/31 2014012231 Drug The defendant already detained refused to Investigation surrender his cell phone. The officer physically removed the cell phone from the subject b removing him from the vehicle. 29,68 10/31 2014012252 Intoxicated Officers were called to a bar for a subject Subject fighting with bar staff. The subject attempted to strike an officer and pepper spray was used to effect the arrest as well as placing the OPS-22.1 CCC)IN111i)�tJC'ifE1) I Original Date of Issue General Order Number July 2, 2008 08-01 Effective Date of Reissue Section Code September 5, 2014 1 OPS-22 Reevaluation Date Amends / Cancels October 2015 C.A.L.E.A. 1.3.1,1.3.4, 1.3.5, 1.3.6 Reference =— — 1.3.7, 1.3.9, 1.3.10, 1.3.11, 1.3.12 Use of Force INDEX AS: " v Use of Force ` n� Less Lethal — Weapons Ci t jm ..Y I. PURPOSE The purpose of this order is to establish procedures for the deplo ment and use of a conducted energy devices commonly known as the "TASERO" II. POLICY It is the policy of the Iowa City Police Department that officers shall use the least amount of force necessary to accomplish their lawful objectives while safeguarding their own lives and the lives of others. Consistent with this policy, the Department authorizes the use of conducted energy devices by officers certified in their use as an incapacitating weapon to: control a subject exhibiting active aggression when an officer reasonably believes that his/her life is in danger; effect a lawful arrest, or to otherwise control a combative, uncooperative person when verbal commands and persuasion have been ineffective in inducing cooperation; or to prevent a subject from harming himself/herself or others. A conducted energy device is never to be used on a passive subject, or as a pain -inflicting device to ensure compliance or punitively for purposes of coercion, or in an unjustified manner. I11. DEFINITIONS Conducted Energy Device (CED) — A weapon primarily designed to disrupt a subject's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses. The device fires probes or a projectile with barbed electrodes. The probes/electrodes are connected to the CED's battery by a high -voltage insulated wire. Electrical pulses are sent along the wires to the probes/electrodes with the intended effect being to temporarily incapacitate the targeted subject. After Firing Identification Dots (AFID) — Small identification tags ejected from the cartridge when the Taser® is fired. The AFID's have the individual unit's serial number printed on them which identifies which unit was fired. Gas Cartridge — The replaceable cartridge which contains and fires the electrical probes. The Gas Cartridge has an expiration date and ejects AFID tags when fired. The Gas Cartridge has two probes on the front allowing it to be used as a contact device. When the Gas Cartridge is removed the device can also be used as a contact Electro- Muscular Disruption device. Probes/Electrodes — Barbed projectiles that are and penetrate the skin; wires are attached to the CED. IV. PROCEDURES fired from a conducted energy -device probes/electrodes leading back;to the.'; a �:1 �h A. DEPLOYMENT OF CONDUCTED ENERGY DEVICES 1. A conducted energy device should not be pointed at any individual unless the officer reasonably believes it will be necessary to use the device. 2. For maximum effect, a conducted energy device should be fired at center body mass. The head, face, breast or genitalia should be avoided if possible. 3. When deploying a conducted energy device, officers should under normal circumstances use it for one standard cycle/application and then evaluate the situation while using verbal commands. Should an aggressive subject not comply with the commands of the deploying officer, he/she may deliver a subsequent application as reasonably necessary and re-evaluate the situation before delivering another cycle. Alternate methods to subdue the subject should be considered. 4. When possible, an officer who deploys a conducted energy device will give a verbal warning prior to deployment, unless to do so would place any other person at risk. This verbal warning will fulfill these purposes: .61i14S? a. give an aggressive subject a final warning that his/her actions are dictating use of the device b. warn other officers and bystanders that the conducted energy device is about to be deployed. 5. The deploying officer will then direct the actions of any assisting officer(s) on the scene in handcuffing the subject. The conducted energy device will not deliver its charge to a second person unless that person places his/her hand or a body part in between the two probes. The conducted energy device should not be used on handcuffed subjects unless they are actively resisting or exhibiting active aggression and other control options would place the officer or others in imminent danger. 6. Assisting officers shall approach the subject with caution so as not to break the wires connecting the probes to the conducted energy device. 7. Following a conducted energy device deployment, officers shall use a restraint technique that does not impair respiration. 8. The conducted energy device "probe mode" should be the primary setting option with the "drive stun" mode generally used as a secondary option. 9. A supervisor shall respond to all incident scenes where a conducted energy device has been discharged and conduct an initial review of the deployment. B. SITUATIONS WHERE CONDUCTED ENERGY DEVICES MAY BE USED 1. When an officer reasonably believes that the subject will become, or is engaged in violence directed towards the officer or others; or the subject's demeanor indicates they will engage in active aggression and other options would place the officer or others at risk (active aggression is a greater standard than active resistance). In addition, conductive energy devices may be used when a person is threatening death or serious injury to themselves. As with all use of force incidents; the decision to use a particular tool or technique will be evaluated in conjunction with General Order 99-05, Use of Force. 2. To stop a dangerous animal. OPS-22.4 C. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHALL NOT BE USED UNLESS DEADLY FORCE IS APPROPRIATE 1. Near flammable liquids, gases, blasting materials or any other highly combustible materials which may be ignited by the use of the device, including potential methamphetamine labs or subjects contaminated with such materials. 2. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death. (i.e. falls, etc.) D. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHOULD BE AVOIDED Although not strictly prohibited, officers should give additional consideration to the unique circumstances involved prior to applying a conducted energy device in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within its effective range. 2. On persons in wheelchairs. 3. To control persons in operation of a vehicle. 3. On elderly persons. 4. On women known to be pregnant. 5. On persons with known heart problems. 7. On persons with an apparent debilitating illness or who are visibly'frail. 8. On young children or those under 80 pounds. 9. On individuals with known neuromuscular disorders such as multiple sclerosis, muscular dystrophy or epilepsy. E. POST DEPLOYMENT PROCEDURES 1, Probes, AFIDs, and cartridge packs used against individuals will be recovered and submitted as evidence. 2. Skin Penetrating Probes: a. Officers should remove the probes/electrodes as trained and inspect them to ensure the entire probe/electrode has been removed. Removal of broken probes/electrodes should be done by medical personnel. OPS-22.5 b. In the event that a probe/electrode is broken off in the skin or the probe/electrode is not fully intact, the subject will be transported to a hospital. c. Only hospital personnel are to remove probes/electrodes embedded in sensitive tissue areas such as the head, neck, throat, face, genitalia or female breast. d. Probes/electrodes will be packaged in accordance with existing procedures for the storage and handling of bio-hazard materials. Probes/electrodes which may be contaminated shall be clearly indicated as such on their package. 3. Probes/electrodes which have not penetrated skin will be packaged to ensure the safety of persons later handling the evidence packages. 4. Packaging: a. All probes/electrodes taken in accordance with this policy shall be packaged in accordance with the training received pertaining to the collection of the probes. When placed in temporary storage, the compartment containing the probes/electrodes should be clearly marked as containing a potential hazard. b. Spent cartridges and a representative AFID sample from the spent cartridge will be packaged as evidence and may be placed in the same larger envelope as the spent probes. r-o 5. If practical, photos shall be taken of probe impact areas. F. MEDICAL TREATMENT 1. Ensure the suspect's injuries or complaints of injury (if any) are appropriately treated by medical personnel. Monitor the suspect for signs of "excited delirium". 1 , 2. Medical treatment shall be obtained for any suspect that has received a conducted energy device discharge. G. REPORTING 1. With the exception of training, all discharges of conducted energy devices will be documented on a Use of Force Report. 2. Aiming the device's dot or an arc display is considered a use of force. 3. Jail staff shall be notified of intake prisoners who have been exposed to a conducted energy device. 4. The Commander of Administrative Services or designee shall be notified (by e-mail) of deployments in order to download information from the device. H. TRAINING Certified instructors are the only authorized persons to instruct on conducted energy devices. 2. Only officers who have been trained by a certified instructor may employ a conducted energy device on which they are certified. Officers are required to be re -certified annually. Officers who fail to qualify/show proficiency will be provided with remedial training according to the lesson plan. The Training Sergeant will maintain records to ensure that officers receive the training at the appropriate times. I. MAINTENANCE 1. Testing and maintenance of conducted energy devices will be consistent with the manufacturer's specifications and conducted by properly trained armorers. 2. Officers shall check the conducted energy device at the start of their tour of duty to ensure that the weapon has a functional charge. 3. Authorized officers will only carry a Department issued conducted energy device. 4. The holster will be carried on the duty belt on the side opposite the duty firearm. Non -uniformed officers will use an approved holster on the side opposite the duty firearm. r; 5. Officers shall not in anyway alter or modify these weapons: Samuel Hargadine, Chief of Is olice 7 t, a This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher' legal standard of safety or care in an evidentiary sense with respect to third -party' claims. Violations of this directive will only form the basis for departmental' administrative sanctions. Original Date of Issue General Order Number October 4, 2000 1 00-08 Effective Date of Reissue Section Code October 14, 2014 1 SER-05 Reevaluation Date Amends / Cancels November 2015 C.A.L.E.A. 1.2.2, Reference 1.3.4,1.3.9-11, 22.2.7, 33.1.5, 33.4.1 Use of Force / Training INDEX AS: Firearms Munitions Off -duty weapons Weapons Special Response Team SLR-05.1 iv Use of Force — Less Lethal Training Field Training Conducted Energy Devices I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. Members of the Department shall only use weapons and ammunition authorized by the Department in the performance of their duties and in a manner consistent with General Order 99-05 — Use of Force. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. III. DEFINITIONS Lead Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Range Instructor - A member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment in tactical situations. "Less Lethal" Shotgun - A clearly marked, department issued shotgun specifically for the deployment/use of "less lethal" munitions (e.g. bean socks and conductive energy munitions). Less lethal shotguns are the only authorized methods of delivery for these types of shotgun -fired munitions. Less lethal shotguns shall not be used to fire tradition shotgun ammunition (shot, buckshot, or slugs). Long -gun - Any firearm other than a handgun. Includes all shotguns aria rifles regardless of application. Authorized Automatic Weapon - Any department issued automatic weapon whjch the', - officer has met approved levels of proficiency in firearms qualification training. Projectile Launcher - Any department issued launcher with which the officer,tras met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious injury than conventional police tactics. Subject - The person who is the focus of the police operation. S E R-05.3 Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty as a primary weapon. Conducted Energy Device Instructor - Sworn officer who has received specialized training in the instruction of department issued conducted energy devices. Lethal Cover - Cover provided by a weapon capable of causing serious injury or death when used for its intended purpose. IV. PROCEDURES -' A. GENERAL FIREARMS REQUIREMENTS 1. All on -duty sworn personnel, whether in uniform or non -un_ii!orm,-shall or armed with a departmentally issued duty handgun. ^' a. Exceptions - i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. Le. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non -uniform administrative assignments while performing that assignment. iv. Officers on 'light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on -going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical. Non -uniformed on -duty officers carrying a firearm in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. Whether on or off -duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. iii. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off -duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off - duty, it shall be concealed from public view. An officer electing not to carry a handgun while off -duty shall not be subject to disciplinary action it an occasion should arise in which they could have taken police action were they armed. 6. Officers may carry a personal backup firearm while on duty provided the following requirements are met: a. The weapon meets the specifications for approved off -duty carry. b. The officer shall qualify with the weapon on at least an annual basis or as determined by the Lead Range Instructor. c. The officer's Watch Commander shall be advised of the make, model and serial number of the approved weapon. d. On an annual basis the weapon shall be inspected by a departmental armorer or firearm instructor. e. The weapon shall not be carried as the officer's primary weapon. f. The weapon shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. g. If the weapon is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. h. The Officer recognizes that the Department or City of Iowa City will in no way be liable for the damage, theft or loss of the personal weapon. i. The weapon shall only be loaded with ammunition approveyd_' by the Commanding Officer Field Operations when carried on'd'uty. r 7. All sworn officers shall be armed with a Department apptovedr,handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. SER-05.5 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10.While on -duty, officers shall carry their handgun fully loaded. (Le. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) 11. Long -guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. Officers shall, as soon as practical, notify a supervisor of any long -gun deployment (i.e. removal of long -gun from vehiclelcase at a call -for service). 12.Only magazines authorized by the department may be used in a firearm. 13.Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14. When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided, by the department.. 15.All department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from an unia�nded discharge. .? 16.All department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. 17.Officers shall not carry any firearm under the following circumstances: a. The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 18.Probationary officers shall carry weapons as directed by Field Training protocols. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non -law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. C. AUTHORIZED WEAPONS 1. On -duty handgun, uniform duty a. An approved on -duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double -action only or decock only models. Single-action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) rounds minimum. v. Handguns shall be carried in department authorized holsters. 2. On -duty handgun, non -uniform duty a. An approved on -duty handgun for non -uniform duty is any department issued or personally owned departmentally approved handgun. - 3 b. Specifications i. Upon effective date of this order, newly authorized handguns mu'sf-y be double -action only or decock only models.-8i6gle ;action,,' handguns are not authorized. ; ii. Minimum trigger pull weight: Factory trigger pull weight -not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. SER-05.7 v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely secure their weapon. 3. Off -duty Handguns a. An approved off -duty handgun is any department issued handgun or personally owned handgun meeting the following requirements. i. Criteria for personally owned, off -duty handguns a).380 ACP or larger b).45 ACP or smaller c)Annually inspected by a instructor. departmental armorer or firearms ii. Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi -automatics shall be carried according to manufacturer specifications. Semi -autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five (5) round minimum. v. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate proficiency for qualification as set forth by the ,range officer and approved by the Chief of Police. 5. Authorized Shotgun a. An approved shotgun is any department issued shotgun: ' N rl 6. Authorized Rifle ' )- a. Specified SRT personnel and Patrol Rifle Operators maybe avthorizeT, to carry a department issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8. Firearms Records a. A Department Armorer or Lead Range Officer may authorize an approved type firearm (i.e. meets departmental specifications). The approving authority shall record the following information and fojward it to the Lead Range Officer: i. Initial date of service ii. Descriptions iv iii. Manufacturer and Caliber iv. Serial number v. Repair, service and modification history vi. Officer and date approved vii. Proficiency qualification scores and dates. a. Proficiency qualification scores/dates shall be forwarded to the Training Unit and be entered in the Departments records management system. b. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty, and shall, at a minimum include the aforementioned information. c. A copy of the firearm record shall be provided to the Commander of Field Operations and be entered in the Departments records management system. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Lead Range Officer shall be notified in writing of all modifications or repairs and shall enter the modifications or repairs in the Departments record management system. Documentation shall be kept on file with the Lead Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. SER-05.9 b. Each repair or service transaction shall be documented and recorded as required in section 9. ii. above. 11.Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. This ammunition shall not be modified in anyway. b. The Lead Range Officer shall be responsible for issuing all duty and training ammunition for all officers of the Department. i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be approved by the Chief of Police or designee. iv. All ammunition carried in a department approved, personally owned, off -duty firearm shall be approved by the Chief of Police or designee. 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer/Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: I. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the officer on accuracy. iii. Shoot/don't shoot targets that represent the need for an officer to react appropriately. f. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. SER-05.10 g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. k. All firearm instruction, training and qualification shall be provided by a certified instructor. e S 13.Less Lethal Impact Projectiles a. There are many projectiles considered 'less lethal'. The primary types used by the Iowa City Police Department are: i. 'Bean sock" round - 12 gauge ii. Non -flexible - 37mm round b. Only rounds purchased by the department may be used during a deployment. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. SER-05.11 14. Impact Weapons Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in-service training in the use of impact weapons. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. a. Uniformed and non -uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples of other agents and deployment methods include but are not limited to: i. 12 Gauge chemical munitions ii. 37 mm chemical munitions iii. Foggers iv. PepperBall Systems Situations Where Chemical Agents Should Be Avoided Although not strictly prohibited, officers shall give a4,gitional consideration to the unique circumstances involved prior to apAying a chemical agent in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within its effective range. SER-05.12 2. On persons in wheelchairs. 3. On elderly persons. 4. On women known to be pregnant. 5. On persons with known heart problems. 6. On persons with an apparent debilitating illness or who are visibly frail. 7. On young children or those under 80 pounds. 8. On individuals with known neuromuscular disorders such as multiple sclerosis, muscular dystrophy or epilepsy Situations Where Chemical Agents Are Prohibited: 1. To control persons in operation of a vehicle or who could reasonably gain control of a vehicle. 2. In a motor vehicle when children are present unless the subject is being assaultive and when item one does not apply. 16.Conducted Energy Devices Training will require the officer to demonstrate proficiency with the use of conducted energy devices carried and knowledge of the laws and directives concerning the deployment of such weapons. Officers shall only carry conducted energy devices that are issued by the department. a. Officers will complete a basic course of instruction regarding conducted energy devices prior to being authorized to carry such weapons on duty. b. Officers will complete annual training in the use of conducted energy devices taught by a certified instructor. c. All in-service training shall be approved by the training unit. prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the department. 17. Distraction Devices --f �,' _" ! �� The use of distraction devices is limited to the SRT and!inayionly be deployed by personnel who have received training in their use and deployment. SER-05.13 18. Use of lethal cover when deploying Less Lethal Weapons If time allows, when deploying less lethal weapons at persons in possession of a dangerous weapon, the officer shall first insure that lethal cover is being provided by an officer positioned so that both officers have a similar perspective of events. 19. Less Lethal/Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The Commander of Field Operations is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: _ i. Type of weapon/munitions = ii. Manufacturer iii. Model number if any iv. Serial number if any v. Number of units (munitions) vi. Address and location of storage — vii. Name of personnel issued to. b All weapons shall be approved by the Chief of Police prior to field deployment. 20. Proficiency Records At least annually, each employee shall receive in-service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. I. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. 5amuei haraaame, cnier or rouce WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions S-P1-06.1 C �,V110ENCE /\, F111) PROPER` Y HANDLING PROCEDURE; Date of Issue General Order Number November 14, 2000 00-10 Effective Date Section Code October 12, 2014 SER-06 Reevaluation Date Amends/Cancels November 2016 C.A.L.E.A. Reference 84.1.1,84.1.2,84.1.3,84.1.4,84.1.5,84.1.6,84.1.7 i INDEX AS: Search Vehicle Impounds Seizure I. PURPOSE The purpose of this order is to establish and explain procedures pertaining to evidence and property control. This will help ensure that evidence is maintained in such a fashion as to be of value in any legal proceedings and to aid in the return of property to its rightful owner. II. POLICY It is the policy of the Iowa City Police Department to maintain an inventory system for property taken into custody by its employees. The Department will comply with all applicable state and federal requirements for seized and forfeited property. III. DEFINITIONS EVIDENCE: Any property, regardless of its nature, that is taken by the department as part of an investigation and which may be used for the purposes of the investigation or in legal proceedings. FORFEITABLE PROPERTY_ Any of the following: A. Property which is illegally possessed. B. Property which has been used or is intended to facilitate the commission of a criminal offense or to avoid detection or apprehension of a person committing a criminal offense. C. Property which is acquired as or from the proceeds of a criminal activity. D. Property offered or given to another as an inducement for the commission of a criminal offense. FOUND PROPERTY: Any property, regardless of its nature, that has been found by any person and is being held for safekeeping until the owner can be identified. RECOVERED PROPERTY: Any property that has been identified as having been stolen (may also be classified as evidence). SEIZABLE PROPERTY: Any of the following: N, A. Property which is relevant in a criminal prosecution or investigation.-' B. Property defined by law to be forfeitable. C. Property which if not seized by the state, poses an imminenYdange to a person's health, safety or welfare. Per Iowa Code Chapter 809 809.1 Definitions 1. "Seizable property" means any of the following: a. Property which is relevant in a criminal prosecution or investigation. b. Property defined by law to be forfeitable property. c. Property which if not seized by the state poses an imminent danger to a person's health, safety, or welfare. 2. "Seized property" means property taken or held by any law enforcement agency without the consent of the person, if any, who had possession or a right to possession of the property at the time it was taken into custody. Seized property does not include property taken into custody solely for safekeeping purposes or property taken into custody with the consent of the owner or the person who had possession at the time of the taking. If consent to the taking of property was given by the person in possession of the property and later withdrawn or found to be insufficient, the property IV shall then be returned or the property shall be deemed seized as of the time of the demand and refusal. The definitions contained in subsections 1 and 2 shall not apply to violations of chapter 321. 809.2 Notice of seizure. The officer taking possession of seized property shall make a written inventory of the property and deliver a copy of the inventory to the person from whom it was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of the seizure, and the law enforcement agency seizing the property. SEIZED PROPERTY. Property taken or held by any law enforcement agency without the consent of the person who had possession or a right to possess the property at the time it was taken into custody. CHAIN OF EVIDENCE: The continuity of the custody of physical evidence, from the time of original collection to final disposition, that may be introduced in a judicial proceeding. IMPOUNDING OFFICER: The member of this agency who initially receives the property and initiates the chain of custody. PROPERTY CUSTODIAN: Agency member accountable for controlling and maintaining all property accepted by or stored in the Department's property room. PHYSICAL EVIDENCE: Any substance or material found or recoveredn connection with a criminal investigation. PROPERTY ROOM: Facilities used by this department to store- end secure evidence or property. PROCEDURES Property held by the Iowa City Police Department will be regulated and controlled by an organized management system. The Department's property control function is under the direction of the Commander of Administrative Services. A Property Custodian manages the daily operations of the system. The Commander of Administrative Services is authorized to perform daily operation functions in the absence of the Property Custodian. All property under the control of the Iowa City Police Department will be handled in a manner consistent with the property control guidelines manual. M4MOD iLt A. Intake of Recovered and Seized Property 1. Utilizing proper evidence gathering, packaging and labeling techniques, all items submitted as recovered or seized property will be documented on the "Property Control Inventory". Blood kits are the exception as they contain their own control inventory documentation. This documentation will be completed prior to the end of the submitting officer's watch. 2. The submission and documentation of seized or recovered property will be referred to in the incident report. 3. The submitted items will be accompanied by the original of the "Property Control Inventory" and secured in one of the following ways: a) turned directly over to the Property Custodian, b) placed in the evidence submission lockers, secured and the key deposited in the designated secured box, c) placed secured in the Records Sgt.'s office by a supervisor, or d) as directed by the Property Custodian or Commander of Administrative Services. e) in cases of c) or d), the original documentation will be left with the property and a copy will be directed towards the Property Custodian advising them of the recovery/seizure and location where it was stored. 4. At no time will property be left unsecured or stored in personal areas, nor will it be converted for personal use. 5. If evidence is collected which requires processing, the on duty Watch Supervisor should assign an on -duty CST to process the evidence. Upon completion of processing, the CST shall submit the item and evidence to the property custodian in the prescribed manner. If there is no crime scene technician (CST) available or the procedure is one which requires techniques not available through the Iowa City Police Department, the evidence shall be submitted along with the evidence form to the property custodian, or deposited in a securable locker outside the property room. 6. If the evidence is to be sent to the Lab (for any reason), it will be the officer's responsibility to fill out the lab request sheet and submit it to the Property Custodian with the evidence. 7. All items taken due to search, arrest or for safekeeping are required to have receipts issued to the person it is taken from. This is most efficiently handled with the "Property Control Inventory" form. 8. No hazardous substance shall be brought into the police department. - 9. All drugs must be weighed on a designated scale and/orcouhted prior to securing them in the evidence locker.- 10. Weapons shall be secured to the extent possible prior to -€hair a submission to the Property Custodian. Cn F3�fS�I 11. Undeveloped film and digitally recorded images shall be submitted along with the corresponding CST sheet to the property custodian. 12.If a vehicle is impounded because it is evidentiary in nature, a property sheet shall be filled out in addition to the vehicle impound report. 13.If an item demands freezing or refrigeration, the item may be packaged and turned directly over to the Property Custodian. If it is not possible to directly turn the item over to the property custodian, it may be sealed (in such a manner so as to detect tampering) and placed into the police department evidence freezer/refrigerator. The on -duty supervisor shall be notified and notification passed on watch to watch until the property custodian takes possession. B. Intake of Found Property 1. All items (value over $5.00) found by or turned into Department personnel will be recorded on a 'Property Control Inventory" Sheet. The receiving person shall complete a property sheet for unclaimed property prior to the end of their watch. There may be times that an incident report is required to document circumstances involving found property. 2. An attempt to contact the identifiable owner will be made and documented on the front of the property sheet or in the report. Property illegal to possess is excluded from this notification. 3. If no owner is identified, or the owner does not immediately z„ respond, the item will be submitted to the Property Custodian under the following procedure: a) attach the inventory sheet & report; b) place in evidence locker; c c) after hours, larger items may be placed in the Records Sgt's. office by a supervisor. d) Bicycles (see specific section) will be placed at the designated , secure area -- 4. Keys are the exception to the above rules. Keys will be placed in' the box located by the 'Records" window. However, keys will be documented by entering them as a call for service with a brief description. If they are claimed by an owner, a subsequent call for service will be used to document the retrieval. 5. Items valued under $5, such as hats, gloves, coffee cups, and obvious junk should not be received into the found property system. Misplaced/lost items of this type should go to the information desk or be discarded. No found or recovered items may be converted to personal use. 6. In the event the citizen who turns property over to the Police Department expresses an interest in claiming the property should no owner be found, the request will be noted and they will be SER-06.6 referred to the Johnson County Attorney. The "receipt' copy of the property control form should be given to them as their record. Rules for this type of claim are covered in Chapter 556F of - •� the Code of Iowa. Bicycles Because of the large number of found and recovered bicycles Which ` k come in to the possession of the Iowa City Police Departmenjt,,the - - following procedures shall be adhered to. ; 1. Upon receipt of a bicycle, the departmental member shall fill out an incident report in lieu of the departmental property form, paying particular attention to the bicycle section of the report. If a serial number or other designated information is not available, the person taking custody of the bicycle will note this in addition to leaving this section blank. In incidents where the bicycle was involved in a motor vehicle accident, an accident report may be substituted for an incident report. 2. The bicycle shall then be transported to the departments secured bike storage area. A tag shall then be attached to the bicycle with the case number, date and name or number of the impounding officer written on the tag. The number on the tag shall then be recorded on the incident or accident report. 3. In incidents where the bike is evidentiary in nature, the person taking custody shall note this on the incident/accident report and a property sheet filled out and submitted to the property custodian. A photocopy of the property sheet shall be submitted with the incident or accident report. A bicycle seized as evidence shall be taken to the bike storage area and will be specifically marked as evidence. They will be handled and stored as any other piece of evidence. HAZARDOUS SUBSTANCES A. Biological Hazards When collecting evidence which is biological in nature, officers should remain mindful of the potential hazards which may be present. When dealing with this type of evidence officers shall follow the applicable precautions and/or procedures pertaining to blood borne pathogens. When submitting items, which may be contaminated with a biohazard, officers shall observe the following procedures. Property which posses a potential biohazard but is not evidentiary shall be disposed of in an approved manner, with documentation of the property and the manner in which it was disposed of. A property sheet shall be submitted to the property custodian along with an incident report regarding the circumstances under which the property was obtained and the manner in which the property was disposed of. SER-06.7 1. Materials which have been contaminated; should not be submitted or stored in plastic containers but packaged so as not to degrade or contaminate other items. 2. All items which may be contaminated shall clearly indicate such on their package. It should also be noted on the incident report. 3. When placed in temporary storage, the compartment containing the object should be clearly marked as containing a potential hazard. 4. Officers shall follow departmental decontamination procedures upon exposure to biohazards. 5. The property custodian will secure the contaminated object in such a manner as to maintain the evidentiary value of the item. 6. Officers unsure as to the procedure for handling the contaminated item shall contact a CST or the watch supervisor. 7. Perishable food items should be photographed and documented and returned to the owner or properly disposed of. B. Hazardous Materials Upon the collection of items that are hazardous in nature such as chemicals, flammable liquids or explosives, the items should be photographed and stored in designated areas or arrangements made for immediate transport to a designated lab. These items shall have a photocopy of the property sheet attached to them, with the originals being submitted to the property custodian along with a copy of the incident report indicating the type and amount (estimated if necessary) of the hazardous material along with its location. At no time shall these items be taken to the Police Department. Officers should limit the collection of these types of items to evidence or contraband. Before taking control of these types of items for other reasons, the Watch supervisor should be contacted for guidance. Fireworks shall be disposed of in accordance with departmental guidelines. C. Property Management ' 3 Inspections r,> Only the Commander of Administrative Services, Property Custodian and the Commander of Field Operations will have access and control of the secured property control areas. The Property Custodian will have primary responsibilities for the day-to-day operations of the property areas. In the absence of the Property Custodian or in circumstances where the workload so dictates, the Commanding Officer Administrative Services may designate an Alternate Property Custodian. This naming of an Alternate Property Custodian shall be documented in the form of a Personnel Order identifying the date of the assignment. 144MI a On an annual basis the Property Custodian will submit to the Commander of Administrative Services a report listing all of the property under the control of the Iowa City Police Department. The report shall include the date of intake. At least semi-annually the Commander of Administrative Services or designee shall conduct an inspection to confirm adherence to procedures used for property control. This inspection will, further ensure that the property areas are being maintained in a clean and orderly fashion, that property is being protected from damage or deterioration, and that proper accountability procedures are being maintained. This inspection shall also consist of verifying the property of at least five (5) separate incidents and accompanying documentation. The Chief of Police or designee will conduct unannounced inspections of the property storage areas at least once a year. These inspections will be done by persons not directly responsible for property control functions. These inspections will consist of the checking of the actual property of at least ten (10) separate selected incidents and all accompanying documentation. The Lieutenant of Criminal Investigations will conduct an annual inventory of property held by the Iowa City Police Department. This inventory is to ensure the integrity of the system and does not require an accounting for each item of property. This inspection will at a minimum, consist of verifying the actual property of a significant representative sampling (10% is recommended) of separately selected incidents and all accompanying documentation. This inspection should also ensure that the integrity of the property area is being maintained pertaining to security and the condition of the property being held by the department. This inventory shall include a list of all property which is under the control of the Iowa City Police Department, all of the items which have come under the control of the Iowa City Police Department within the past year and all of the items that had been released or disposed of by the Iowa City Police Department along with the method of their disposal. n> In the event that a piece of property cannot be accounted for; the Property Custodian shall notify the Commander of Field ;Operations, who shall assign a Lieutenant to work with the Property Custodiaan to clarify the status of the property. If the status cannot be resolved, -,the Commander of Field Operations shall initiate an internal investigation relating to the property in question. The results of this investigation shall be forwarded to the Chief of Police and the Commander of Administrative Services. Upon completion of the investigation, the status of the property shall be entered in the case file. Upon the appointment of a new property custodian, an inventory of the property in control of the Iowa City Police Department shall be conducted to ensure the integrity of the property and that records are complete. The inventory shall be conducted by the outgoing property custodian, the newly appointed property custodian and a supervisor designated by the Chief of Police or his/her designee. All high -risk items such as money, precious metals, jewelry, firearms, and drugs and a sufficient number of other records will be reviewed to ensure the integrity of the system. Any discrepancies should be recorded prior to the newly appointed property custodian assuming responsibility. Discrepancies shall be handled in the manner mentioned above. A written report documenting the change of custodian inventory shall include a listing of all property in control of the Iowa City Police Department upon the departure of the outgoing property custodian. All property control inspection reports shall be submitted to the Chief of Police with copies going to the Commander of Administrative Services, Commander of Field Operations, Lieutenant of Investigations, and officer in charge of accreditation. Submission of Evidence to Labs When possible, evidence should be submitted to the appropriate laboratory within five working days of collection. Officers who have evidence needing to be sent to an outside agency shall complete the required property sheet making sure the chain of custody section has been filled out. The officer shall also fill out a DCI lab request form, indicating the test desired. The property custodian shall package the evidence for shipment to outside labs and fill out the chain of custody information on the property sheet. The property custodian shall maintain the records pertaining to the shipment, receipt, and return of evidence to the Iowa City Police Department. Blood kits shall be sealed per the instructions and submitted to the property custodian along with the evidence sheet. The property custodian will package the kit for submittal, following the above mentioned procedures. The results of the test shall be returned to the Property Custodian, with the original being submitted to records and copies going to the originating officer. Transfer of Evidence Whenever evidence is transferred from the property . room, r" he following procedures shall be adhered to: tV SER-06.10 1. In instances where the evidence needs to be removed from the property room, the property custodian shall document the change of custody on the chain of custody section of the property form. The receiving person shall sign upon receipt of the evidence and note the date and time of the change of custody along with the reason for the transfer of the property. 2. The member receiving the evidence assumes control and responsibility for ensuring its security, storage and maintenance. 3. Upon return of the evidence, the returning party shall fill out the chain of custody section and the property custodian will sign upon receiving and confirming the evidence being returned. The date and time will be included on the change of custody section. 4. When property is needed for legal proceedings, the person receiving the notice of the request should notify the property custodian of the date on which the property will be needed. In any event, the property custodian should be notified no less than 2 days prior to the date on which the property will be needed. 5. When evidence is removed from the property room for processing by the Iowa City Police Department, the aforementioned procedures shall be adhered to. 6. When evidence is transported or shipped to an outside agency for testing, the property custodian will document the change of custody, including the destination, date of shipment, manner of shipment, return of service for the shipment and return of the evidence being processed. D. Disposition of Property (Iowa Code Chapters 80.39, 809.5) The Iowa City Police Department will attempt to return property to its rightful owner. In the case of found or recovered property, the property custodian will take the statutory steps to contact rightful owners. When an item is claimed, the receiving party shall sign a receipt acknowledging the receipt of the property. When unable to contact the person(s) who may legally claim the property, the property custodian shall take appropriate steps to locate and notify a legal claimant. In instances where the rightful owner does not respond within the prescribed time, the property will be sold at public auction or otherwise disposed of as allowed by law. In instances where contraband has been seized and is not required for evidence and is not subject to return to the party from whom the property was seized, the initiating officer may dispose of the property after providing a receipt to the person in possession of the property. Unless disposed of by the officer, the officer shall subrrirtthe property to the property custodian, with a follow up sheet, attajhed, requesting the property custodian dispose of the property. Inv instances where the property has been seized and destroyed, the incjde�nt r,Qport SER-06.11 shall be completed by the disposing officer and state the circumstances surrounding the incident and the manner in which the property was disposed. The exceptions to this paragraph are drugs, narcotics and fireworks. Drugs and narcotics, whether seized as contraband or taken as evidence, shall be disposed of in the manner approved by the Johnson County Attorney. Officers shall turn all confiscated drugs or narcotics over to the property custodian regardless of whether the subject from whom they were seized is charged or not. Drugs, narcotics and fireworks shall not be disposed of in any manner other than that prescribed by the Iowa City Police Department. Evidence shall be disposed of upon notification from the clerk of court that the case has been resolved, and the appeal process has expired or been exhausted. The property should be returned to the rightful owner within 180 days. If the rightful owner is unknown, or fails to recover the property within 90 days after notice, the property custodian shall dispose of the property consistent with departmental guidelines. Samuel E. Hargadine, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. P-J r� N Kellie Tuttle From: City of Iowa City <webmaster@iowa-city.org> Sent: Friday, November 14, 2014 1223 PM To: Kellie Tuttle Subject: 18th Annual Citizen's Police Academy Contact: Sat. Scott Gaarde Contact Phone: (319) 356-5293 18th Annual Citizen's Police Academy Issued by: Police Mailing List(s): Classes, Programs & Events - General City News - Police & Fire Originally Posted 11/14/2014 12:22:51 PM Applications to attend the 18th Annual "Citizen's Police Academy" are now being accepted through 5:00 PM Friday, January 23rd, 2015. Class size is limited so early registration is encouraged. Application forms are available at the Iowa City Police Department, Coralville Police Department, Johnson County Sheriffs Office, North Liberty Police Department and the University Of Iowa Police Department, during normal business hours. The "Citizen's Police Academy" (CPA) meets once a week for 11 weeks, beginning January 26th, 2015, from 6:30 PM to 9:30 PM. Each week covers a different topic and is meant to promote better relationships and understanding between law enforcement and the community it serves. The CPA is sponsored jointly by the five area law enforcement agencies. Meetings will take place at the Johnson County Joint Emergency Communication Center (4529 Melrose Ave., Iowa City). Training includes department tours and ride-alongs, defensive tactics, evidence collection, drug investigation, and many other areas of enforcement and operations. Visit www.icgov.org/police or contact the following officers for more information: Officer R. A. Mebus - Iowa City Police Dept. 319-356-5273 Sgt. Meleah Droll - Coralville Police Dept. 319-248-1800 Sgt. Brad Fisher - Johnson County Sheriffs Office319- 356-6020 Officer Oleta McKenna - University of Iowa Police Department 319-335-5043 Officer Mitch Seymour - North Liberty Police Department 319-626-5724 View this article on the ICGov Web Site: http://www.icgov.oro/apes/news/?newslD=10115 This media release was sent to: kellle-tuttle(allowa-city.ora Do not reply directly to this a -mail) It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the Individual(s) listed in the release. '• Unsubscribe or edit your subscription details. • Visit our lobs Pape for employment opportunities. • View more news from the City of Iowa Citv. CITIZENS POLICE REVIEW BOARD OFFICE CONTACTS November 2014 Date Description 11-17-14 Media called requesting copies of complaints filed. Staff informed them that they are confidential and they could contact the City Attorney's office with further questions. December 3, 2014 Mtg Packet CPRB Complaint #14-02 Filed: 05/22/14 Chief's Report due (90days): 08/20/14 Chief's Report filed: 07/30/14 CPRB Mtg #1 (Review) 08/26/14 CPRB Mtg #2 (Review) 09/15/14 CPRB Mtg #3 (Review) 10/13/14 CPRB Mtg #4 (Review) 11/10/14 CPRB Mtg #5 (Review) 11/25/14 CPRB Report due (90days): 10/28/14 60-day Extension: 12/29/14 CPRB Complaint #14-04 Filed: 07/23/14 Chief's Report due (90days): 10/21/14 Chief's Report filed: 09/18/14 CPRB Mtg #1 (Review) 10/13/14 CPRB Mtg #2 (Review) 11/10/14 CPRB Report due (90days): 12/17/14 CPRB Complaint #14-06 Filed: 08/12/14 Chief's Report due (90days): 11/10/14 Chief's Report filed: 10/15/14 CPRB Mtg #1 (Review) 11/25/14 CPRB Report due (90days): 01/13/15 December 3, 2014 Mtg Packet CPRB Complaint #14-08 Filed: Chief's Report due (90days): Chief's Report filed: CPRB Mtg #1 (Review) CPRB Report due (90days): 09/24/14 12/23/14 11 /07/14 11 /25/14 TENTATIVE MEETING SCHEDULE January 13, 2015 February 10, 2015 March 20, 2015 April 14, 2015 02/05/15