HomeMy WebLinkAbout08-29-2017 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
August 23, 2017
TO:
CPRB Members
FROM:
Chris Olney/ Kellie Fruehling
RE:
Board Packet for meeting on August 29, 2017
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 08/29/17
• Minutes of the meeting on 08/08/17
• ICPD General Orders 99-10 (Domestic Violence)
• ICPD General Orders 08-08 (weapons)
• ICPD General Orders 00-03 (Less Lethal Impact Munitions)
• 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
COMMUNITY POLICE REVIEW BOARD
Tuesday, August 29, 2017 — 5:30 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 08/08/17
• ICPD General Orders 99-10 (Domestic Violence)
• ICPD General Orders 08-08 (Weapons)
• ICPD General Orders 00-03 (Less Lethal Impact Munitions)
ITEM NO. 3 NEW BUSINESS
ITEM NO. 4 OLD 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
• September 12, 2017, 5:30 p.m., Helling Conference Rm
• October 10, 2017, 5:30 p.m., Helling Conference Rm
• November 14, 2017, 5:30 p.m., Helling Conference Rm
• December 12, 2017, 5:30 p.m., Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
If you will need disability -related accommodations in order to participate in this program/event, please contact
Kellie Eruehling at 319-356-5043, k-elliefruehling@ioiva-citv.org. Early requests are strongly encouraged to
allow sufficient time to meet.your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — August 8, 2017
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Green, Donald King, Mazahir Salih, David Selmer
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
None
Kellie Fruehling
Legal Counsel Pat Ford
Chief Jody Matherly of the ICPD
RECOMMENDATIONS TO COUNCIL
None
CONSENT CALENDAR
Motion by King, seconded by Salih, to adopt the consent calendar as presented or amended.
Minutes of the meeting on 07/11/17
Minutes of the meeting on 07/31/17
Motion carried, 5/0.
NEW BUSINESS
None
OLD BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
Salih requested additional materials regarding the complaint process and stats on number of
complaints received.
Fruehling noted the complaint filling process/brochures were on-line and she would send Salih
additional information requested.
STAFF INFORMATION
Fruehling noted she had received New General Orders to be reviewed. Discussed as to when and how
many to review. Board agreed to limit amount to review of ten at a time.
CPRB
Aug 8, 2017
Page 2
EXECUTIVE SESSION
Motion by King, seconded by Green 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 5:38 P.M.
Selmer abstained due to a conflict of interest and left the meeting.
REGULAR SESSION
Returned to open session at 6:19 P.M.
Motion by Salih, seconded by Green to set the next meeting date to August 29, 2017 5:30 P.M
Motion carried. 4/0. Selmer absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
•August 29, 2017, 5:30 PM, Helling Conference Rm
*September 12, 2017, 5:30 PM, Helling Conference Rm
•October 10, 2017, 5:30 PM, Helling Conference Rm
*November 14, 2017, 5.30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Salih, seconded by Green.
Motion carried, 4/0, Selmer absent.
Meeting adjourned at 6:25 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2016-2017
(Meeting Date)
TERM
8117
9/13
10/11
11/7
11115
12/15
1/10
2/14
3114
4/12
5/9
7/11
7/31
8/8
NAME
EXP.
Joseph
711I17
X
X
X
X
X
X
X
X
X
X
O/E
---
---
Treloar
Mazahir
7/1/21
X
K
O
X
O
X
X
X
O/E
X
O/E
X
X
X
Salih
Donald
7119
O/E
X
O/E
O/E
O/E
O/E
O/E
O/E
X
X
X
X
X
X
HIng
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
O/E
X
Green
Orville
7/1I20
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
David
9/1/21
---
---
---
---
---
---
---
---
---
---
---
X
O/E
X
Selmer
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM=
No meeting
--- =
Not a Member
OPS-14.1
IOWA CITY _
a
POLICE
Original Date of Issue General Order Number
October 8, 1999 99-10
Effective Date of Reissue Section Code
July 6, 2016 1 OPS-14
Reevaluation Date Amends
July 2018
C.A.L.E.A. Reference
1.2.7, 55.1.1, 55.1.3, 55.2.3 (see "INDEX AS:")
INDEX AS:
Domestic Abuse
Domestic Violence
Domestic Violence Reports
Domestics
No Contact Orders
Protective Orders
PURPOSE
The purpose of this General Order is to establish policy and procedures for
officers in response to all domestic violence or domestic abuse calls reported to
the Iowa City Police Department. Officers shall be expected to do the following:
• Afford protection and support to adult and child victims of domestic
violence.
• Promote the safety of law enforcement personnel responding to incidents
of domestic violence.
• Establish arrest and prosecution as a preferred means of police response.
• Complete thorough investigations and effect arrest of the primary physical
aggressor upon the establishment of probable cause.
• Officers should not arrest a person who acted in self-defense as defined
by Iowa Code Section 704.3.
OP5-14.2
• Take appropriate action for any violation of any permanent, temporary, or
emergency orders of protection.
• Provide victims or witnesses of domestic violence with support and
assistance through cooperative efforts with community stakeholders in
order to prevent further abuse and harassment or both.
H. POLICY
It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest
approach in responding to domestic violence. The primary focus shall be on the safety
of the victim, officers, and others in proximity of the crime, followed closely by
perpetrator accountability. The law enforcement officer should follow all policies and
procedures of this agency to complete a thorough investigation and analysis of the
complaint with the goal of arresting the person(s) committing an act of domestic
violence and who were not acting in self-defense.
III. DEFINITIONS
A. "Domestic abuse assault' means an assault, as defined in section Iowa Code
Section 708.1, which is domestic abuse as defined in section 236.2,
subsection 2, paragraph "a°, °b°, "c°, or "d".
B. Iowa Code Chapter 236.2:
2. "Domestic abuse" means committing assault as defined in section 708.1
under any of the following circumstances:
a) The assault is between family or household members who resided
together at the time of the assault.
b) The assault is between separated spouses or persons divorced from
each other and not residing together at the time of the assault.
c) The assault is between persons who are parents of the same minor
child, regardless of whether they have been married or have lived
together at any time.
d) The assault is between persons who have been family or household
members residing together within the past year and are not residing
together at the time of the assault.
C. "Family or household members" means spouses, persons cohabitating,
parents, or other persons related by consanguinity or affinity. "Family or
household members" does not include children under age eighteen.
D. Intimate relationship means a significant romantic involvement that need not
include sexual involvement. An intimate relationship does not include casual
social relationships or associations in a business or professional capacity.
E. Primary Physical Aggressor:
OPS-14.3
Officers shall, with or without a warrant, arrest the primary physical aggressor
for domestic abuse assault if upon investigation, including a reasonable
inquiry of the victim and other witnesses, if any, the officer has probable
cause to believe the assault:
b) Resulted in a bodily injury
c) Was committed with intent to inflict a serious injury
d) Involved the use or display of a dangerous weapon in connection with
the assault
e) Was committed by impeding the victim's normal breathing or circulation
of the blood by applying pressure to the victim's throat or neck or by
obstructing the nose or mouth of the victim.
f) Was committed by impeding the victim's normal breathing or circulation
of the blood by applying pressure to the victim's throat or neck or by
obstructing the nose or mouth of the victim and causing bodily injury.
See Iowa Code Section 236.12(2) paragraphs °b", "c", "d', "e°, and "f'.
Considerations relating to an officer's determination of the primary physical
aggressor are set forth in Iowa Code Section 236.12(3).
In identifying the primary physical aggressor, otherwise stated predominant
aggressor, a peace officer shall consider the need to protect the victims of
domestic abuse, the relative degree of injury or fear inflicted on the persons
involved, and any history of domestic abuse between the persons involved.
The officer's identification of the primary physical aggressor shall not be
based on the consent of the victim to any subsequent prosecution or on the
relationship of the persons involved in the incident, and shall not be based
solely on the absence of visible indications of injury or impairment.
A. Discretionary Arrest: Officers may, with or without a warrant, arrest a person
for domestic abuse assault where an assault has been committed which did
not result in any injury to the victim.
F. Pro -Arrest Response: The expectation that officers shall arrest a person
unless there is a clear and compelling reason not to arrest (such as a self-
defense determination or lack of probable cause).
Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall
arrest offenders in cases of domestic assault not resulting in injury to the
victim unless all of the following conditions are met:
a. The offender believed the victim has suffered no injury
b. There is no indication further abuse will take place
c. No weapons were used or displayed
d. The circumstances of the case suggest that neither justice nor domestic
abuse prevention would be served by an arrest, and
e. The decision not to arrest is reviewed and approved by a supervisor on
duty.
OPS-14.4
IV. PROCEDURES
Procedures for the following qualifying factors are included in this protocol:
A. Officer Approaching the Scene
B. Officer Responsibility at the Scene
C. Enforcement of No -Contact / Protective Orders
D. Written Reporting
E. Notification of Rights
F. Follow-up Investigation / Domestic Violence Investigator
G. Victim Safety and Protection
H. Hostage Situations
I. Officer Training
J. Officers Charged with Domestic Abuse
A. OFFICER APPROACHING THE SCENE
1. Domestics are a high priority call. Officers will respond immediately with
due consideration of the information available and coordinate their
approach. Two officers should be dispatched to any domestic call -three
officers' is preferred.
2. Remain in contact with the dispatcher, requesting assistance, (see
"Communications" section above) information and updates as needed. If
protective orders are in force, then verification and clarification should be
obtained from the county sheriffs department. (See "protective orders"
section below.)
3. Remain alert for suspect leaving the scene.
B. OFFICER RESPONSIBILITY AT THE SCENE
When officers respond to a call for assistance at the scene of a domestic abuse
incident, they shall:
1. Approach the scene safely, and in an alert manner.
2. Identify yourself and give an explanation of your presence. Request entry
into the home when conditions permit. When permission is freely and
voluntarily given by either party, a search of the premises may occur.
3. When entry is refused, exercise persistence in gaining entry based on the
request for assistance received by the department. Request
communications re-establish contact with the complainant, if it has been
lost, and reassess the situation. If entry continues to be refused, contact
the watch commander/supervisor for further guidance if circumstances
permit.
4. Forced entry may be allowed when probable cause exists to suspect that
a felony is occurring, has just occurred, or that a life is in danger. In
evaluating the need for forced entry, the officer (s) must consider the
degree of urgency versus requesting a warrant, the possibility of danger,
OPS-14.5
whether the suspected offense involved violence and whether the belief
exists that persons may be armed. (See exigent circumstances analysis
in Use of Force G/O)
5. In incidents where a suspect has vacated the scene, and probable cause
exists for an arrest, a complaint and affidavit shall be prepared
immediately, and forwarded to a judge for a request for issuance of an
arrest warrant. However, an officer may arrest a violator within the first 24
hours of an incident without a warrant. (See Iowa Code Section 236.11)
6. Restore order.
7. Take control of all weapons known to be used, or used in a threatening
manner, and safely store them. (See Seizure of Weapons, Iowa Code
Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as
.. property which if not seized by the state poses an imminent danger to
a person's health, safety or welfare." When weapons are seized, the
officer shall notify a supervisor of the seizure prior to the officer going off
duty.
8. Assess the need for medical attention, and call for assistance if warranted,
and whenever requested by the victim. The officer shall assist the victim
in obtaining transportation to the nearest hospital if requested.
9. Determine complainant, separating all parties if possible, including
suspect, victim, children, and other witnesses.
10.Interview all parties. If necessary, reasonable efforts should be made to
obtain a translator.
11. Following interviews, a conference of the responding officers should
occur, if necessary, with the goal of arriving at a consensus for
determining whether to arrest. Apply appropriate Chapter 236, Domestic
Abuse criteria in making the decision to arrest. If consensus or a
determination is not made, a supervisor shall be called to assist. When an
officer is solo in responding, they may confer with a supervisor as needed.
Identifying the primary physical aggressor is necessary, as persons acting
in self-defense are exempt from this mandatory arrest.
12.If probable cause exists, arrest the suspect. Read suspect Miranda rights.
Place individual in custody. Field release or issuing of citations are not
allowed in the event domestic abuse has occurred. This applies to either /
both arrest for domestic abuse, related charges and / or violations of
protective orders. If possible, immediately transport suspect to jail.
Factors that tend to support a finding of probable cause for arrest include:
physical injuries (including bruises or cuts); disheveled clothing or
furniture; a victim's credible statements or visible fear; credible statements
of witnesses, including children; and previous calls to the home. If
probable cause exists, an arrest shall be made, regardless of the stated
wishes of the victim or the apparent use of alcohol or drugs by either the
victim or abuser.
13.If a child is present during an incident of domestic assault in which
charges are filed, a mandatory report shall be made to the Department of
Human Services. Any time a companion charge of "Child Endangerment"
is made, Department of Human Services must be contacted. Notification
shall include contacting DHS by phone prior to the end of the watch and
forwarding copies of the written report. Reports should include names and
OPS-14.6
DOB of all children present as well as an account of where they were at
time of assault, what they saw, and/or heard.
14.Collect and record evidence, including torn clothing, broken objects, etc.
15. Photograph the following:
a. Victim in a full body picture (front and back).
b. Victim's specific injury(s).
c. Children.
d. Scene, including broken objects, weapons, general disarray, etc.
e. If possible, the suspect's full body and any injuries, in addition to the
mug shot.
f. When photos are taken at a domestic incident, the evidence sheet
should be marked as a domestic along with the incident number being
noted
g. When the property manager receives photos from a domestic incident,
they shall be forwarded to the domestic abuse investigator.
16. When an arrest causes a child(ren) to be without responsible adult
supervision, Department of Human Services shall be contacted
immediately. Officers are responsible for the care of children until such
time they are relieved of this obligation by DHS.
17.Upon filling out the complaint, the officer will also complete the victim
section of the incident report, making sure to include name, address,
DOB, SS#, sex and race. A photocopy of the incident report containing
this information will be attached to the complaint.
C. ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS
Violation of a no -contact order or protective order shall be vigorously enforced
If an officer has reason to believe that domestic abuse has occurred, the peace
officer shall ask the abused person if any prior orders exist, and shall contact the
twenty-four hour dispatcher to inquire if any prior orders exist.
If an officer has probable cause to believe that a person has violated a no -
contact / protective order the officer shall arrest the person.
If an officer has probable cause to believe that a person has violated a no -
contact / protective order and the officer is unable to arrest the person, the officer
shall issue a warrant of arrest as soon as possible and before the end of the duty
day.
D. WRITTEN REPORTING
Written reports should be factual, specific and clear so as to present an accurate
portrayal of the domestic abuse incident. Written documentation that will be
made as a result of a domestic abuse arrest are the complaint and affidavit, a
supplementary information report narrative, Iowa City Police Incident Report
Form, and the Domestic Abuse Reporting Form. All officers present at a
domestic shall complete a report including narrative detailing their observations.
In instances where there is a no locate, or the call was incorrectly classified as a
OPS-14.7
domestic, the primary officer shall complete a report detailing the circumstances
and identifying the correct call classification.
All reports involving a domestic or originally classified as a domestic, or involving
the violation of a domestic abuse no contact order shall be forwarded to the
Department's domestic abuse investigator.
Reports will, at a minimum, contain narratives which will include the following
information:
1. Full names of parties involved, including dates of birth of the suspect and
victim
2. Address and phone numbers for the victim, witnesses and those present,
including the address and phone number of the location where the victim
will be staying
3. Reports should include names and DOB of all children present as well as
an account of where they were at time of assault, what they saw, and/or
heard
4. The relationship of the victim and suspect
5. Location of the assault
6. Whether no contact orders are known to exist
7. A description of the scene
8. Weapons used
9. Whether a 9-1-1 call was received
10. Documentation of injuries of all parties injured
11.If alcohol is involved, the result of any PBT given to the suspect and victim
12. Whether they received medical treatment
13.An indication of whether the victim was presented their rights
14. Excited utterances should be recorded in quotation marks. Other
statements may be directly recorded or summarized. The demeanor,
spirit and physical description of the suspect should be noted along with
that of the victim
15.If the officer is aware of pending domestic charges, note that fact in the
narrative
16.If the in -car or body -cam recording system was activated
If the victim suffered restriction of the airway or blood flow during the assault, an
officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation
Supplemental Report."
E. NOTIFICATION OF RIGHTS
Chapter 236.12 identifies victim rights which must be provided to the victim in
writing and / or verbally. The Iowa City Police Department will routinely present
the victim their rights in written and verbal form. Officers at the scene will present
the victim a printed copy of their rights (Domestic Abuse Notification of Rights
form) and request the victim sign the sheet. One copy of the form should be left
with the victim and the other included with the domestic abuse supplemental
report and narrative.
OPS-14.8
F. FOLLOW-UP INVESTIGATIONS / DOMESTIC VIOLENCE INVESTIGATOR
All domestic abuse reports shall be completed by the end of the officer's duty day
and forwarded to the Domestic Violence Investigator (DVI) for follow up.
The DVI shall perform follow up investigations on all domestic abuse cases in
Iowa City. The DVI shall attempt to make contact with the victim in each case
and may further the initial investigation by gathering additional evidence,
conducting any follow up interviews, obtaining the 911 dispatch call recording,
obtaining medical records, taking follow up photos, and completing any other
tasks as necessary. The DVI will also conduct risk assessment and safety
planning on a case by case basis. The DVI will work with the Johnson County
Attorney's Office to assist with prosecution as needed.
The DVI will be a member of Coordinated Community Response Teams
(CCRT's) and will provide meaningful participation where efforts are aimed at
reviewing and revising local policies and procedures to reflect current realities
and needs in the community, and reducing domestic violence related homicides.
The DVI will be a member of the Domestic Abuse Response Team (DART) and
will work in cooperation with the Domestic Violence Intervention Program (DVIP),
and other victim services in the community to provide service, support, safety,
and advocacy to victims of domestic abuse. The DVI will also be a member of
the Domestic Abuse Investigation Team (DAIT) joined with the county attorney's
office and other local law enforcement agencies. The DVI will additionally
complete, on time, all necessary performance reports and submit any required
grant applications in a manner and quality which will earn the continuance of
grant funding provided to the City of Iowa City for the position.
G. VICTIM SAFETY AND PROTECTION
t. Officers shall work with community resources and advocacy agencies to
connect victims and their children with appropriate services.
2. The officer designated as principal contact for the victim, shall inform the
victim of confidentiality policies and their limitations, and ensure that
confidentiality is maintained throughout the case.
3. All officers shall be aware of possible victim/witness intimidation or
coercion and the increased danger when the victim leaves an abusive
partner. The designated principal contact shall assist the victim and
children in safety planning and caution the victim to be alert to stalking
activities.
4. If an officer suspects intimidation or coercion of the victim/witness is
occurring, the officer shall prepare a written report to be delivered
immediately to the investigator in charge of the case through the chain of
command.
a. In order to determine whether the victim/witness is being
intimidated or coerced, the investigator in charge shall seek out
secondary sources of information.
OPS-14.9
b. Given the possibility that a victim will recant or choose not to
participate in court proceedings, supplemental evidence shall be
sought out and preserved.
H. HOSTAGE SITUATIONS
As a hostage situation becomes apparent to the investigating officer, and / or
ECO, the watch commander / supervisor shall be immediately notified. Following
an assessment of the circumstances, a determination shall be made as to
strategy for resolution of the call. Special Response Team (SRT) and/or Crisis
Negotiation Team (CNT) protocol and personnel may determine this strategy.
I. OFFICER TRAINING
In addition to initial domestic abuse training at the Iowa Law Enforcement
Academy, the Iowa City Police Department will routinely offer training in regard to
domestic abuse. Training will be provided by both in-house staff, as well as
utilizing outside authorities as available.
J. OFFICERS CHARGED WITH DOMESTIC ASSAULT
Concerning application of Iowa Law, should a law enforcement officer be
arrested for domestic abuse, they will be treated equitably as would any other
citizen. Likewise, the Iowa City Police Department will adhere to the Federal
Lautenberg Amendment concerning the possession of firearms should a
domestic abuse conviction occur, within this jurisdiction, or any other within the
United States.
In responding to a domestic abuse call for assistance, should it be known that
any sworn officer of this or any other law enforcement agency, in or out-of-state,
is identified as a suspect, the watch commander / supervisor will be immediately
notified. If the person arrested / suspected is not an Iowa City Police Officer, the
watch supervisor will notify that officer's department. Additionally, the watch
commander / supervisor shall be notified if any other employee of the Iowa City
Police Department is arrested for domestic abuse. Following any of these
notifications, the appropriate division commander will be contacted.
In the event that any officer or employee of the Iowa City Police Department is
arrested for domestic abuse, or involved as a victim of a domestic assault, or is a
suspect but not arrested for a domestic assault, appropriate referrals for services
and assistance will be made. Internal Investigations will be conducted as
warranted. A copy of the report on such an incident shall be forwarded to the
Office of the Chief of Police.
OPS-14.10
Jody Matherly, 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.
Original Date of Issue General Order Number
October 4. 2000 1 00-08
Effective Date of Reissue Section Code
July 10, 2017 1 SER-05
Reevaluation Date Amends / Cancels
July 2018
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
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.
SER-05.2
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 and rifles
regardless of application.
Authorized Automatic Weapon - Any department issued automatic weapon which the
officer has met approved levels of proficiency in firearms qualification training.
Projectile Launcher - Any department issued launcher with which the officer has met
approved levels of proficiency in firearms or less lethal qualification training.
Less Lethal Philosophy - A concept of planning and force application, which meets
operational objectives, with less potential for causing death or serious injury than
conventional police tactics.
Subject - The person who is the focus of the police operation
SER-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 -uniform, shall be
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.
SE R-05.4
a. If a weapon is determined to be unsafe, the instructor or armorer shall
remove it from use pending repair, record the malfunction, cause repair
to be made, and provide a replacement to the employee as soon as
practical.
3. Non -uniformed on -duty officers carrying a firearm in an unconcealed
manner must be readily identifiable as a police officer by wearing their
badge adjacent to the weapon.
4. Whether on or off -duty, officers shall carry their police identification while
armed.
a. Exceptions
i. When participating in recreational shooting events.
ii. When the possession of police identification would endanger the
officer, or operation in which he/she is participating.
iii. When in the department issued uniform, the uniform may serve as
police identification.
5. The carrying of a handgun while off -duty shall be at the discretion of the
officer. If the officer elects to carry a Department approved handgun off -
duty, it shall be concealed from public view. An officer electing not to
carry a handgun while off -duty shall not be subject to disciplinary action if
an occasion should arise in which they could have taken police action
were they armed.
6. 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 approved by the
Commanding Officer Field Operations when carried on duty.
7. All sworn officers shall be armed with a Department approved handgun
while operating any marked police vehicle.
8. Department issued firearms shall only be used for departmental duties.
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. (I.e. full
chamber and magazines for semi -auto handguns and full cylinder for
revolvers.)
11.t_ong-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 vehicle/case 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 unintended
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.
SER-05.6
c. While under the influence of alcoholic beverages or medications that
impair physical or mental ability.
18.Probationary police officers training in Steps 1 through 4 of the Field
Training and Evaluation Process shall not carry a firearm while off -duty
unless they meet the all of the following criteria:
a. Were hired directly from another law enforcement agency and
had successfully completed the probationary period at that
agency.
b. They possess a valid Iowa Non -Professional Permit to Carry.
C. They have qualified with that specific firearm with an ILEA Certified
Firearms Instructor within the past year.
B. DISPLAY OF FIREARMS
1. Except for general maintenance, supervisory inspections, storage or
authorized training, officers shall not draw or exhibit firearms unless
circumstances create a reasonable suspicion that it may be necessary to
lawfully use the weapon in conformance with departmental directives.
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
SER-05.7
a. An approved on -duty handgun for non -uniform duty is any department
issued or personally owned departmentally approved handgun.
b. Specifications
i. Upon effective date of this order, newly authorized handguns must
be double -action only or decock only models. Single action
handguns are not authorized.
ii. Minimum trigger pull weight: Factory trigger pull weight not less
than five (5) pounds.
iii. Barrel length: not less than 3 inches and not more than 6 inches.
iv. Ammunition capacity: six round minimum.
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.
Off -duty Handguns
a. An approved off -duty handgun is any department issued handgun or
personally owned handgun meeting the following requirements.
i. Criteria for personally owned, off -duty handguns
a).380 ACP or larger
b).45 ACP or smaller
c)Annually inspected by a departmental armorer or firearms
instructor.
J. 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.
SER-05.8
6. Authorized Rifle
a. Specified SRT personnel and Patrol Rifle Operators may be authorized
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 forward it
to the Lead Range Officer:
i. Initial date of service
ii. Description
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.
SER-05.9
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.
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 any way.
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.
SER-05.10
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.
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 and those officers whose last 3
qualification attempts have an average score of 85 or less.
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.
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.
SER-05.11
c. All 37mm less lethal munitions and delivery systems will be maintained
by the SRT. This system will only be deployed by department
members who have been trained and qualified in its use.
d. Targeted subjects who have been struck by either of these projectiles
shall be secured and transported to a medical facility for examination.
e. Bystanders who are struck by less lethal munitions shall be
encouraged to seek medical attention at a medical facility.
f. Only those persons trained and qualifying with the device may deploy
the device.
14. Impact Weapons
Training will be designed to require the officer to demonstrate
proficiency with the types of impact weapons carried and knowledge of
the laws and directives concerning the use of impact weapons. When
used as an impact tool, they are considered a level four use of force.
Officers shall only carry impact weapons that are issued by the
department.
a. All officers will complete a basic course of instruction in the proper
use and skill development of each type of approved impact
weapon, prior to being authorized to carry such weapons on duty.
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
SER-05.12
Situations Where Chemical Agents Should Be Avoided:
Although not strictly prohibited, officers shall give additional
consideration to the unique circumstances involved prior to applying 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.
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.
SER-05.13
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
The use of distraction devices is limited to the SRT and may only be
deployed by personnel who have received training in their use and
deployment.
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.
SER-05.14
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.
Jody Matherly, 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
OPS-15.1
LESS LETHAL
IMPACT
MUNITIONS
Original Date of Issue General Order Number
MAY 12, 2000 1 00-03
Effective Date of Reissue Section Code
January 27, 2017 1 OPS-15
Reevaluation Date Amends / Cancels
February, 2018
C.A.L. E.A. Reference
1.3.4, 1.3.5, 1.3.9, 1.3.11
INDEX AS:
Use of Force Use of Force Matrix
Less Lethal
I. PURPOSE
The purpose of this order is to identify the conditions under which officers may deploy
and use less lethal impact munitions.
II. POLICY
The Iowa City Police Department places the highest of value on human life. The
department is authorized and trained in the use and deployment of less lethal munitions.
Less lethal munitions is a concept of planning and force application, which meets
operational objectives, with less potential for causing death or serious physical injury
than conventional police tactics/equipment.
III. DEFINITIONS
A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which
are designed to stun, temporarily incapacitate, or cause temporary discomfort
to a person without penetrating the person's body."
OPS-15.2
B. Kinetic Energy Impact Projectiles - Flexible or non -flexible projectiles (E.g.
"beanbags"), which are intended to incapacitate a subject with minimal
potential for causing death or serious physical injury, when compared to
"conventional" rounds.
IV. PROCEDURES FOR USE
Less Lethal Extended Range Impact Weapons
EVALUATION OF LESS LETHAL PROJECTILES FOR USE
Kinetic energy impact projectiles will be evaluated for use on the following
criteria:
A. Accuracy
1. This is the primary consideration, since proper shot placement greatly
assists in controlling the other two evaluation criteria.
2. This will be evaluated based on the anticipated ranges of deployment.
3. The minimal standard of accuracy of such a round is:
a. 12 - inch group at 15 yards for the 12-gauge system. The group shall
consist of 3 rounds.
B. Effectiveness
1. This is the potential for the round to cause incapacitation and reduce the
subject's ability to continue their inappropriate behavior.
2. The level of energy necessary to cause incapacitation creates the
potential for injury, but when properly deployed, use should result in a low
probability for causing serious physical injury or death.
C. Potential for causing death or serious physical injury
1. The potential for causing death or serious physical injury with such
projectiles is a reality. This potential is greatly reduced when impacts to
the head, neck and chest are avoided, and when appropriate medical
examination is provided in cases where the subject is struck in an area
that might conceal a closed injury. (including such areas as the chest,
back, thoracic and abdominal cavities and groin)
2. When engaging a subject, the officer shall evaluate the effectiveness of
each round after each shot. Compliance and/or incapacitation are the
desired goal, and alternative target areas/response should be considered
when rounds are not effective. Alternative target area/response
considerations will be based on the circumstances the officer is
encountering.
TARGET AREAS
A. Less Lethal projectiles shall be delivered to suspect target areas based on
the circumstances of the situation and the level of force authorized. The
deployment of less lethal projectiles shall be in conformance with
departmental training guidelines pertaining to recommended target areas.
B. Head/Neck and Chest - Intentional impacts to these areas should be avoided
unless the use of deadly force is justified, necessary and appropriate.
OPS-15.3
USE OF FORCE CONTINUUM
The Iowa City Police Department recognizes five levels of force in the adopted
Use of Force model. The use of less lethal impact projectiles are considered a
level IV response (subject is assaultive), when deployed to areas of the subject's
body that are considered unlikely to cause serious physical injury. In addition,
less lethal projectiles may be used when a person is threatening death or serious
injury to themselves. The use of these projectiles is recognized as a level V,
Deadly Force, if intentionally deployed or directed at the head or neck.
When assessing the appropriate use of force level, prior to the transition to less
lethal projectiles, the officer shall consider in addition to other factors:
A. The level of force being confronted.
B. The proximity/access of the subject to the officer or others.
DEPLOYMENT TECHNIQUES
Weapons used for the deployment of less lethal munitions shall be dedicated for
that purpose. These weapons shall be clearly marked. The use of other than
less lethal rounds in these weapons is prohibited unless necessary to protect the
life of the public or officer.
When deploying less lethal munitions, the following procedures should be
adhered to:
A. Less lethal munitions should not be used at a distance of less than 15 feet (5
yards) from the target. With this in mind, the greater the distance, the less the
accuracy.
B. When practical, other officers involved in an incident in which less lethal
munitions are deployed should be advised of the deployment prior to the
discharge of the weapon.
C. During the deployment of less lethal munitions, the officer in charge of the
incident should constantly evaluate the option selected against changing
circumstances.
D. When practical, multiple tactics should be used to overwhelm the suspect.
Le. less lethal may be used in conjunction with a distraction device or
chemical agent.
E. A weapon loaded with less lethal munitions shall be treated with the same
care and caution as weapons loaded with "lethal" munitions.
F. Less lethal projectiles should not be employed without a cover officer with
lethal munitions being assigned as an escort. If it is believed the subject is
carrying a firearm, less lethal shall not be deployed without the use of a cover
officer with lethal munitions.
Officers shall
the
OPS-15.4
The deployment of less lethal munitions shall only be performed by those officers
trained and showing proficiency in their deployment.
HANDLING OF INJURED SUBJECTS
Suspects who are struck by less lethal projectiles shall be secured and
transported to a medical facility for examination and treatment.
If a projectile strikes a bystander, medical personnel shall be summoned to the
scene, and the subject shall be encouraged to seek examination at a medical
facility.
REPORTING AND INVESTIGATION
Officers shall complete a departmental Use of Force Report, in addition to any
other applicable reporting requirements, after deploying less lethal projectiles.
This includes those situations where the weapon is removed from the vehicle and
not discharged.
An investigation shall be conducted into any situation involving the firing of a less
lethal projectile at a suspect. The investigation shall comply with departmental
reporting directives contained in General Order 99-05, Use of Force.
OPS-15.5
TRAINING
Officers shall be provided training in the use and deployment of the departmental
less lethal munitions prior to being allowed to deploy the weapons. On an annual
basis, officers will receive refresher training in the use and deployment of less
lethal munitions.
Jody Matherly, 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.
August 29, 2017 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #17-01
Filed: 03/30/17
Chief's report due (90 days): 06/28/17
Chief's report filed: 06/28/17
CPRB meeting #1 (Review):
07/11/17
CPRB meeting #2 (Review):
07/31/17
CPRB meeting #3 (Review):
08/08/17
CPRB meeting #4 (Review):
08/29/17
CPRB report due (90 days): 09/26/17
CPRB Complaint #17-02
Filed: 05/22/17
Chief's report due (90 days): 08/21/17
Chief's report filed: 08/21/17
CPRB meeting #1 (Review): 08/29/17
CPRB meeting #2 (Review): ??/??/l7
CPRB report due (90 days): 11/17/17
CPRB Complaint #17-03
Filed: 07/05/17
Chief's report due (90 days): 10/03/17
Chief's report filed: ??/??/l7
CPRB meeting #1 (Review): ??/??/l7
CPRB meeting #2 (Review): ??/??/l7
CPRB report due (90 days): ??/??/l7
CPRB Complaint #17-04
Filed: 08/01/17
Chief's report due (90 days): 10/30/17
Chief's report filed: ??/??/l7
CPRB meeting #1 (Review): ??/??/l7
CPRB meeting #2 (Review): ??/??/l7
CPRB report due (90 days): ??/??/l7
TENTATIVE MEETING SCHEDULE
September 12, 2017
October 10, 2017
November 14, 2017
December 12, 2017