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HomeMy WebLinkAbout06-12-2018 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: June 6, 2018 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on June 12, 2018 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 06/12/18 • Minutes of the meeting on 05/08/18 • ICPD General Orders 00-01(Search and Seizure) • Memo from Legal Counsel Re: proposed revisions to Ordinance 8-8 • Community Forum Draft Summary Letter • Office Contacts — May 2018 • Complaint Deadlines Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nationwide. For more information see: www.NACOLE.org COMMUNITY POLICE REVIEW BOARD Tuesday, June 12, 2018 — 5:30 p.m. HELLING CONFERENCE RM 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 05/08/18 • ICPD General Orders 00-01 (Search and Seizure) ITEM NO. 3 NEW BUSINESS ITEM NO. 4 OLD BUSINESS Proposed Ordinance Change Discussion Community Forum 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 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS • July 23, 2018, 5:30 p.m. Helling Conference Rm • August 14, 2018, 5:30 p.m. Helling Conference Rm • September 11, 2018, 5:30 p.m. Helling Conference Rm • October 9, 2018, 5:30 p.m. Helling Conference Rm ITEM NO. 10 ADJOURNMENT 7f you will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, christine-olneyCiowa-city.org. Earlv requests are strongly encouraged to allow sufficient time to meet your access needs. Draft COMMUNITY POLICE REVIEW BOARD MINUTES — May 8, 2018 CALL TO ORDER: Chair Townsend called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Monique Green, Don King, David Selmer, Royceann Porter (Electronically) MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Iowa City Police Capt. Campbell RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by King, seconded by Green, to adopt the consent calendar as presented or amended. Minutes of the meeting on 04/17/18 Minutes of the Community Forum meeting on 04/23/18 ICPD General Orders 99-05 (Use of Force) Motion carried, 5/0. NEW BUSINESS None. OLD BUSINESS Proposed Ordinance Change Discussion - The Board requested to have Legal Counsel revise the proposed ordinance changes memo to include additional language that states, in the event the Boards final report differs from the Chief's report, that the Board could in its recommendation to the City Council add a new provision invoking an external investigaton. The external investigation would be subject to a deadline that is separate from the Boards final report deadline. Legal Counsel agreed to amend the proposed ordinance changes memo to include the additional language. The revised memo will be discussed at the next meeting. Selmer stated that the memo on the proposed ordinance changes at the City Council level is a good start, but they might in the future want to pursue changes at the State Legislation level. King mentioned that if the Board wanted to look at trying to change legislation they could use resources available from (NACOLE) National Association for Civilian Oversight of Law Enforcement. Community Forum Discussion — Townsend asked for a volunteer to a write a draft summary of the Community forum meeting. King volunteered and will submit the draft summary to staff by June 5th to then be included in the next meeting packet. PUBLIC DISCUSSION None. April 17, 2018 Page 2 BOARD INFORMATION None. STAFF INFORMATION Olney asked for clarification on recording attendance, specifically the absent excused versus absent unexcused policy. It was her understanding that an absence can only be excused by the Board or Board Chair and that it is not the Staff that makes that determination. Legal Counsel Ford stated it is as determined by the Board based on the By -Laws, Article 3. Section 4. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • June 12, 2018, 5:30 PM, Helling Conference Rm • July 10, 2018, 5:30 PM, Helling Conference Rm - (Rescheduled to 7/23/18) • August 14, 2018, 5:30 PM, Helling Conference Rm • September 11, 2018, 5:30 PM, Helling Conference Rm Motion by Selmer, seconded by Green to move July 10, 2018 meeting to July 23, 2018. Motion carried. 5/0. ADJOURNMENT Motion for adjournment by Green, seconded by Porter. Motion carried, 5/0. Meeting adjourned at 6:25 P.M. LEG-04.1 SEIZURE Original Date of Issue General Order Number January 10, 2000 00-01 Effective Date of Reissue Section Code May 23, 2018 1 LEG-04 Reevaluation Date Amends May 2019 1 LEG-04 Previous Version (2010) C.A.L.E.A. Reference 1.2.4 1 (see "INDEX AS:") INDEX AS: Search Seizure Warrants PURPOSE Arrests Stop and Frisk The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. II. DEFINITIONS A. Constitution of the United States of America: LEG-04.2 Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. C. Gender Expression: External characteristics and behaviors that are socially viewed as masculine, androgynous, or feminine. Gender expression is the external manifestation of one's gender identity. D. Gender Identity: A person's gender -related identity, appearance, or behavior. This may be different from what is traditionally associated with the person's physiology or assigned gender at birth. E. Transgender Individual: A person whose gender identity differs from their assigned sex. F. Sexual Assault Nurse Examiners (SANE): Registered nurses who have completed specialized education and clinical preparation in the medical forensic care of the patient who has experienced sexual assault or abuse. III. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that "citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. LEG-04.3 B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: 1. Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: 1. Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: 1. Depending on the location of a crime scene, consent or a warrant maybe required prior to a search. (i.e. public v. private property) I. Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. J. Officers may conduct warrantless searches in other situations under applicable case law. (See training documentation) Search and Seizure Pursuant to Warrant A. Legal Basis for Obtaining a Search Warrant 1. In order to obtain a search warrant, an officer must be able to show probable cause to believe that specific evidence, contraband, or instrumentalities/fruits of a crime may be found at a particular location. LEG-04.4 2. Specific facts establishing probable cause must be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. B. Affidavit Preparation An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; (4) Name of owner or occupant; (5) Geographical location of the property; (6) Map coordinates or distances from given reference points; (7) Photographs, satellite photographs, maps, or diagrams that aid in specifically identifying the location to be searched. (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a search of the premise and it's "curtilage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. (2) Motor vehicles known to be on the premises that may be searched should be specified. (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. LEG-04.5 (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high-technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be served at any time of the day or night, as operationally required, within 10 days from the time of issuance. (1) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained (the second signature must be from a lieutenant or higher. This would include a sergeant appointed as an Acting Watch Commander) (see Appendix I). The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waive the requirements of the Search Warrant Checklist (i.e. obtaining blood for an OWI investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant on Appendix I. 4. As all search warrants have potential for violence, the officer making application will, at a minimum and prior to the execution of the warrant: (a) Check the criminal history of any person known to reside or frequent the location i.e. associates. (b) Check the address for any history of violence. (c) Prior serving the warrant, the officer making application will call the current agency responsible for providing deconfliction services. If, after completing this assessment, the officer making application discovers information that may make this a high risk warrant service, the officer will make the approving supervisor aware of the information at which point they will follow Search and Seizure Pursuant to Warrant -section G (pg. 9) to make a final determination on whether or not it meets the high risk criteria. LEG-04.6 C. Supervisory Review of Issued Search Warrant Prior To Execution Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 10-Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre -Surveillance: For narcotics / drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. 3. Pre -Search Briefing: Prior to the execution of a search warrant, the supervisor in charge of the search should ensure that a pre -search briefing is conducted to inform assisting officers of the following: (a) The supervisor in charge of the search; (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that may exist; (d) The manner of approach and entry into the premises; (e) The assignment of assisting officers as necessary to: (1) Exterior containment of the premises; (2) Guard and/or transport any persons arrested; (3) Search designated areas; (4) Restrict access at entrances; and (5) Collect and handle evidence; (6) Interviews of any persons present; LEG-04.7 (f) The communications procedures to be used. (g) Historical data of suspects; (h) Update from surveillance Officer on scene; (i) Written Safety Plan — copies to all officers participating (see Appendix ll) (k) Staging area discussion 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Once it has been determined that the scene is secure, the supervisor may designate an officer to complete the search warrant process. Upon conclusion of the search, the supervisor in charge or designee is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objective and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by officers after the search. All photographs and videos taken at a search warrant are evidence and will be placed in evidence or on the video storage system at the conclusion of the search warrant. 7 Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his/her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give notice in a manner likely to be heard by anyone present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 8 Serving the Warrant: Before undertaking any search, the officer must leave a copy of the warrant with the person to be searched or the person in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if LEG-04.8 available and the exigency of the situation permits. If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. 9 Detention of Persons Present: An officer executing a search warrant for premises not generally open to the public, or of a vehicle other than a common carrier, may detain any person present for such time as is reasonably necessary to execute the search warrant. If the items listed in the search warrant are not found on the premises or vehicle, the officer may then search any person present at the time of the officer's entry for the property specifically described in the search warrant. 10 Frisk of Persons Present: If the officer reasonably believes that his/her safety or the safety of others present so requires, he/she may search for any dangerous weapons by externally patting the clothing of those persons present. If the officer feels an object which he/she believes is a dangerous weapon, he/she may take possession of that object. 11 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he/she may also take possession of the items so discovered. 12 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 13 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00-10 / SER-06. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 14 Supervisor Responsibility: Upon conclusion of the operation, the approving supervisor shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Records Section. Records will forward those documents to the Sergeant of Investigations where it shall be maintained in a secure location separate from the investigative case file. E. Return of the Search Warrant 1. Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the LEG-04.9 proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. F. Liaison with the County Attorney Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. G. High -Risk Warrant Service Operations Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes a high -risk operation under the provisions of this policy, the supervisor in charge must consider several factors: (a) The characteristics and location of the target premises and the number of persons likely to be present. (b) The anticipated need for pre -planned forcible or dynamic tactical entry into the premises. (c) Facts and information known or foreseen by officers that indicate an unusually high potential for violence or physical danger exists. The danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (i.e. explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). (d) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make a threat -assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. Authorization for high -risk warrant service operations must be given by the Commander of Field Operations or designee. 4. High -risk warrant service operations must be preceded with a written plan to include, at a minimum, the following: (a) The procurement of any special equipment or resources needed; (b) The designation of a radio talk group to be used and any special communications procedures to be followed; LEG-04.10 (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist. (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; (f) All requirements regarding deconfliction are met per SOG 14-02, 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and/or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. Strip Searches Strip searches are governed by the Iowa Code in addition to the U.S. Constitution (4th Amendment ) and the Iowa Constitution (Article I, Section 8). A. Iowa Code 702.23 defines strip search as follows: "Strip search" means having a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical probe of any body cavity. B. Iowa Code 702.24 defines visual strip search as follows: A "visual strip search" means having a person remove or arrange some or all of the person's clothing so as to permit a visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person. C. A person arrested for a simple misdemeanor may be subject to a strip search and/or a visual strip search under certain conditions. LEG-04.11 D. Under Iowa Code Section 804.30, the following conditions apply: 1(a) A person arrested for a simple misdemeanor shall not be subjected to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) written authorization of the supervisor on duty is obtained. (b) A person arrested for a scheduled violation shall not be subject to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) a search warrant is obtained. (c) A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person. 2. Any person arrested for a scheduled violation or a simple misdemeanor may be subjected to a search probing the mouth, ears, or nose. 3. All searches conducted shall be performed under sanitary conditions. 4. All searches conducted, except for the probing of the mouth, ears, or nose, shall be conducted in a place where the search cannot be observed by persons not conducting the search. 5. All searches shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unless the search is conducted by a physician. " See bullet #7 for Transgender Individuals. 6. Subsequent to a strip search, a written report shall be prepared which includes the written authorization of the supervisor on duty, the name of the person subjected to the search, the names of the persons conducting the search, the time, date, and place of the search, and a copy of the search warrant, if applicable authorizing the search. A copy of the report shall be provided to the person searched. 7. Officers Will Inform Transgender Individuals of Their Right to Express a Preference of Officer Gender for Searches a. Absent exigent circumstances, before performing any level of search of transgender individuals, officers will inform them of the right to express a preference for the gender of the officer who will conduct the search. b. Officers will record the following information on either their In -Car Camera, Body - Worn Camera, or video recording devices located in the department: - The advisement and request for preference - The individual's response - Whether or not the request was granted - Reason for not granting the request, if applicable LEG-04.12 If the transgender individual has a preference, at least one officer of the gender requested will conduct the search, whenever possible. Officers must take into account the reasonableness of any delay created by waiting for another officer. If the transgender individual does not specify a preference, at least one officer of the same gender as the transgender individual's gender expression will conduct the search. Example: A male officer would search a transgender man who indicates no preference for the search. When in doubt regarding any searches of a transgender individual, officers will call a supervisor to the scene prior to searching. E. Consistent within the limits U.S. Constitution and the Iowa Constitution, a person may voluntarily waive these requirements. All waivers shall be in writing. F. In instances involving juveniles, the juvenile's parent or legal guardian will be contacted and asked to come to the station or other facility. G. SANE nurses may be utilized for the collection of evidence during strip search procedures, including the search of body cavities, if the Iowa Code, as applicable, and the U.S. Constitution (4"' Amendment) and the Iowa Constitution (Article I, Section 8) are not violated. 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 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. LEG-04.13 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. Code of Iowa Chapter 808. General Order 00-01, Search & Seizure. General Order 89-04. Civil Rights. General Order 99-02, Alarms -Open Door Response. General Order 01-02, Informants. Officer Making Approving Supervisor *: Lieutenant (or Submitted: Reviewed: Reviewed Safety Plan Waiver (Signature) (Signature) (Signature) . provisions of the Search Warrant Control Review are waived with the exception of the post warrant service. ason: Location is already secured Records only/DNA only Vehicle only ier: Date Post Warrant Service Leave paperwork at scene of items seized. Applicant Supervisor Notification to supervisor of results, concerns and problems. Applicant Supervisor Use of Force report if applicable. Applicant Supervisor Return of service to the court. Applicant Supervisor Prior to service of the search warrant, copies of the following are to be finished and on file. 1 Original complaint report(s). 2 All follow-up reports. 3 All intelligence reports. 4 Copy of search warrant. 5 Copy of signed Search Warrant Control Review. 6 Copy of Safety Plan. 7 Any other reports, data, relevant to the search warrant. *Approving supervisor is responsible to route this fonn and the safety plan (if applicable) to the Sergeant of Investigations. LEG-04.14 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and Judge's Signatures: Satellite photograph of target / neighborhood Applicant Supervisor Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant: Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks: Verification of address of target Applicant Supervisor 2. Method of entry and order of stack Applicant Supervisor 3. Exterior residence containment Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor 5. Searchers / hiterviewers Applicant Supervisor LEG-04.15 6. Observation and control of suspects Applicant Supervisor_ Communications with dispatch Applicant Supervisor 8. Historical data of suspects Applicant Supervisor 9. Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan — copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor 12 Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service: Moved to page 1. I IOWA CITY POLICE DEPARTMENT I r OPERATIONAL PLAN DATE: 7q=NT #: CASE AGENT: SUPERVISOR: Click here to enter text. Click here to enter text. Click here to enter text. I Click here to enter text. [(800)308-5983] DECONFLICTION #: DECONFLCCTED BY: DECONFLICTION DATEITIME: Click here to enter text. Click here to enter text. C link hP.rA to Pntar taxt TYPE OF OPERATION AND MISSI• OBJECTIVE: BUY: ❑ BUY/BUST: ❑ SEARCH WARRANT: ❑ SURVEILLANCE: ❑ OTHER: ❑ Click here to enter text. BACKGROUNDOF • Click here to enter text. SUBJECT NUMBER ONE NAME SEX RACE DOB AGE HEIGHT I WEIGHT EYES HAIR Click here to enter Clic Clic Click Click Click Click Click here Click here to SUSPECT'S ADDRESS(S) PRIMARY: Click here to enter text. ALTERNATE: Click here to enter text. SUSPECT'S VEHICLE S YEAR MAKE MODEL COLOR LIC # STATE Click here to Click here to Click here to Click here to Click here toTenter ck here to enter text. enter text. enter text. enter text. enter text. text. CRIMINAL. HISTORY REMARKS: Click here to enter text. WEAPONS: Click here to enter text. VIOLENT HISTORY: Click here to enter text. PHOTO: ❑ SEE ATTACHMENT: ❑ LOCATION(S): LEG-04.17 Click here to enter text. AGENl7UVFICER GALL SIGN MOBILE # PAGER # Click here to enter Click here to enter Click here to enter Click here to enter text. text. text. text. VEHICLE MAKE MODEL YEAR COLOR LIC # STATE Click here to Click here Click Click here Click here Click here to enter text. enter text. to enter here to to enter to enter text. enter text. text. text. VERBAL BUST SIGNAL(S): VISUAL EMERGENCY Click here to enter text. Click here to enter text. Click hereto enter text. MONITORING BODY WIRE / RECORDING TYPE: WORN BY: I MONITORED BY: Click here to enter text. Click here to enter text. Click here to enter text. CHOOSE HOSPITAL HERE TIME OBSERVED I ACTIVITY BY LEG-04.18 REDLINE VERSION Red hightlights are deletions Green hightlights are additions L - M SEIZURE Original Date of Issue General Order Number January 10, 2000 00-01 Effective Date of Reissue Section Code May 23, 2018 1 LEG-04 Reevaluation Date Amends May 2019 1 LEG-04 Previous Version (2010) C.A.L.E.A. Reference 1.2.4 (see "INDEX AS:") INDEX AS: Search Seizure Warrants I. PURPOSE Arrests Stop and Frisk The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. II. DEFINITIONS A. Constitution of the United States of America: LEG-04.1 A Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. nder Clewed external manifestation of one's gender filWnder Identity: A person's gender -relay, appearance, or behavior is may be different from what is traditionally associated with the person's ysiology or assigned gender at birth. r 6Transgender Individual: A person whose gender identity differs from their signed sex. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that "citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. LEG-04.3 B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. J. Officers may conduct warrantless searches in other situations under applicable case law. (See training documentation) Search and Seizure Pursuant to Warrant A. Legal Basis for Obtaining a Search Warrant LEG-04.4 In order to obtain a search warrant, an officer must be able to show probable cause to believe that specific evidence, contraband, or instrumentalities/fruits of a crime may be found at a particular location. 2. Specific facts establishing probable cause must be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. B. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; (4) Name of owner or occupant; (5) Geographical location of the property; (6) Map coordinates or distances from given reference points; (7) Photographs, satellite photographs, maps, or diagrams that aid in specifically identifying the location to be searched. (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a search of the premise and it's "curtilage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. (2) Motor vehicles known to be on the premises that maybe searched should be specified. LEG-04.5 (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high-technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be served at any time of the day or night, as operationally required, within 10 days from the time of issuance. L e (2) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained (the second signature must be from a lieutenant or higher. This would include a sergeant appointed as an Acting Watch Commander) (see Appendix 1). The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waive the requirements of the Search Warrant Checklist (i.e. obtaining blood for an OWI investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant on Appendix I. 4. As all search warrants have potential for violence, the officer making application will, at a minimum and prior to the execution of the warrant: (a) Check the criminal history of any person known to reside or frequent the location i.e. associates. (b) Check the address for any history of violence. LEG-04.6 (c) Prior serving the warrant, the officer making application will call the current agency responsible for providing deconfliction services. If, after completing this assessment, the officer making application discovers information that may make this a high risk warrant service, the officer will make the approving supervisor aware of the information at which point they will follow Search and Seizure Pursuant to Warrant -section G (pg. 9) to make a final determination on whether or not it meets the high risk criteria. C. Supervisory Review of Issued Search Warrant Prior To Execution Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 1. 10-Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre -Surveillance: For narcotics 1 drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. Pre -Search Briefing: Prior to the execution of a search warrant, the supervisor in charge of the search should ensure that a pre -search briefing is conducted to inform assisting officers of the following: (a) The supervisor in charge of the search; (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that may exist; (d) The manner of approach and entry into the premises; LEG-04.7 (e) The assignment of assisting officers as necessary to: (1) Exterior containment of the premises; (2) Guard and/or transport any persons arrested; (3) Search designated areas; (4) Restrict access at entrances; and (5) Collect and handle evidence; (6) Interviews of any persons present; (f) The communications procedures to be used. (g) Historical data of suspects; (h) Update from surveillance Officer on scene; (i) Written Safety Plan — copies to all officers participating (see Appendix H) (k) Staging area discussion 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Once it has been determined that the scene is secure, the supervisor may designate an officer to complete the search warrant process. Upon conclusion of the search, the supervisor in charge or designee is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objective and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by officers after the search. All photographs and videos taken at a search warrant are evidence and will be placed in evidence or on the video storage system at the conclusion of the search warrant. Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his/her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give notice in a manner likely to be heard by anyone LEG-04.8 present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 8 Serving the Warrant: Before undertaking any search, the officer must leave a copy of the warrant with the person to be searched or the person in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits. If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. 9 Detention of Persons Present: An officer executing a search warrant for premises not generally open to the public, or of a vehicle other than a common carrier, may detain any person present for such time as is reasonably necessary to execute the search warrant. If the items listed in the search warrant are not found on the premises or vehicle, the officer may then search any person present at the time of the officer's entry for the property specifically described in the search warrant. 10 Frisk of Persons Present: If the officer reasonably believes that his/her safety or the safety of others present so requires, he/she may search for any dangerous weapons by externally patting the clothing of those persons present. If the officer feels an object which he/she believes is a dangerous weapon, he/she may take possession of that object. 11 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he/she may also take possession of the items so discovered. 12 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 13 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00-10 / SER-06. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 14 Supervisor Responsibility: Upon conclusion of the operation, the approving supervisor shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Records Section. Records will LEG-04.9 forward those documents to the Sergeant of Investigations where it shall be maintained in a secure location separate from the investigative case file. E. Return of the Search Warrant Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. F. Liaison with the County Attorney Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. G. High -Risk Warrant Service Operations Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes a high -risk operation under the provisions of this policy, the supervisor in charge must consider several factors: (a) The characteristics and location of the target premises and the number of persons likely to be present. (b) The anticipated need for pre -planned forcible or dynamic tactical entry into the premises. (c) Facts and information known or foreseen by officers that indicate an unusually high potential for violence or physical danger exists. The danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (i.e. explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). (d) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make a threat -assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. 3. Authorization for high -risk warrant service operations must be given by the Commander of Field Operations or designee. 4. High -risk warrant service operations must be preceded with a written plan to include, at a minimum, the following: LEG-04.10 (a) The procurement of any special equipment or resources needed; (b) The designation of a radio talk group to be used and any special communications procedures to be followed; (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exi st. (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; (f) All requirements regarding deconfliction are met per SOG 14-02. 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and/or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. Strip Searches Strip searches are governed by the Iowa Code in addition to the U.S. Constitution (41n Amendment ) and the Iowa Constitution (Article I, Section 8). A. Iowa Code 702.23 defines strip search as follows: "Strip search" means having a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical probe of any body cavity. B. Iowa Code 702.24 defines visual strip search as follows: A "visual strip search" means having a person remove or arrange some or all of the person's clothing so as to permit a LEG-04.11 visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person. C. A person arrested for a simple misdemeanor may be subject to a strip search and/or a visual strip search under certain conditions. D. Under Iowa Code Section 804.30, the following conditions apply: 1(a) A person arrested for a simple misdemeanor shall not be subjected to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) written authorization of the supervisor on duty is obtained. (b) A person arrested for a scheduled violation shall not be subject to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) a search warrant is obtained. (c) A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person. 2. Any person arrested for a scheduled violation or a simple misdemeanor may be subjected to a search probing the mouth, ears, or nose. 3. All searches conducted shall be performed under sanitary conditions. 4. All searches conducted, except for the probing of the mouth, ears, or nose, shall be conducted in a place where the search cannot be observed by persons not conducting the search. 5. All searches shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unless the search is conducted by a physician. 6. Subsequent to a strip search, a written report shall be prepared which includes the written authorization of the supervisor on duty, the name of the person subjected to the search, the names of the persons conducting the search, the time, date, and place of the search, and a copy of the search warrant, if applicable authorizing the search. A copy of the report shall be provided to the person searched. LEG-04 12 b Gffirers will record the following intormation on either ,heir In -Car Camera Worn Camera. Camera. or video recording devices located in tNe depar*.n•rent - The advisement and request for preference: preference:- The individual's response - Whether or not the request was granted - Reason for not granting the request, if applicable officer of the oender waiting E. Consistent within the limits U.S. Constitution and the Iowa Constitution, a person may voluntarily waive these requirements. All waivers shall be in writing. F. In instances involving juveniles, the juvenile's parent or legal guardian will be contacted and asked to come to the station or other facility. 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 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. LEG-04.13 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. Code of Iowa Chapter 808. General Order 00-01, Search & Seizure. General Order 89-04, Civil Rights. General Order 99-02, Alarms -Open Door Response. General Order 01-02, Informants. Officer Making Approving Supervisor *: Lieutenant (or higher): Submitted: / Reviewed Reviewed: Safety Plan Waiver (Signature) (Signature) (Signature) 1 provisions of the Search Warrant Control Review are waived with the exception of the post warrant service. ason: Location is already secured Records only/DNA only Vehicle only ler: Date Post Warrant Service Leave paperwork at scene of items seized. Applicant Supervisor Notification to supervisor of results, concerns and problems. Applicant Supervisor Use of Force report if applicable. Applicant Supervisor Return of service to the court. Applicant Supervisor Prior to service of the search warrant, copies of the following are to be finished and on file. Original complaint report(s). All follow-up reports. All intelligence reports. Copy of search warrant. Copy of signed Search Warrant Control Review. Copy of Safety Plan. Any other reports, data, relevant to the search warrant. *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations. LEG-04.14 SEARCH WARRANT CHECKLIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and Judge's Signatures: Satellite photograph of target / neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant: Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3. Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks: 1. Verification of address of target Applicant Supervisor 2. Method of entry and order of stack Applicant Supervisor 3. Exterior residence containment Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor Searchers / Interviewers Applicant Supervisor LEG-04.15 6. Observation and control of suspects Applicant Supervisor Communications with dispatch Applicant Supervisor 8. Historical data of suspects Applicant Supervisor 9. Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan — copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor 12 Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service: Moved to page 1. LEG-04.16 DATE: INCIDENT#: CASE AGENT: SUPERVISOR Click here to enter text. I Click here to enter text. Click here to enter text. I Click here to enter text. [(800)308-59831 DECONFLICTION #: DECONFLICTED BY: DECONFLICTION DATEMME: Click here to enter text. Click here to enter text, Click here to enter text TYPE • •• •N AND MISSION OBJECTIVE: BUY: ❑ BUY/BUST: ❑ SEARCH WARRANT: ❑ SURVEILLANCE: ❑ OTHER: ❑ Click here to enter text. BACKGROUND OF INVESTIGATION: Click here to enter text. SUBJECT NUMBER ONE NAME SEX RACE DOB AGE HEIGHT WEIGHT EYES HAIR Click here to enter Clic Clic Click Click Click Click Click here Click here to SUSPECT'S ADDRESS S PRIMARY: Click here to enter text. ALTERNATE: Click here to enter text. SUSPECT'S VEHICLEJS YEAR MAKE MODEL COLOR LIC # STATE Click here to Click here to Click here to Click here to Click here to Click here to enter text. enter text. enter text. enter text. enter text. enter text. CRIMINAL H[STORY REMARKS: Click here to enter text. WEAPONS: Click here to enter text. VIOLENT HISTORY: Click here to enter text. PHOTO: ❑ SEE ATTACHMENT: ❑ LOCATION(S): LEG-04.17 Click here to enter text. ncCty liVNHICLR ';ALL SIGN MOBILE# PAGER# Click here to enter Click here to enter Click here to enter Click here to enter text. text. text. text. VEHICLE MAKE MODEL YEAR COLOR LC# STATE Click here to Click here Click Click here Click here Click here to enter text. enter text. to enter here to to enter to enter text. enter text. text. text. MONITORING BODY WIRE l RECORDING TYPE: WORN BY: MONITORED BY: Click here to enter text. Click here to enter text. Click here to enter text. CHOOSE HOSPITAL HERE TIME I OBSERVED I ACTIVITY LEG-04.18 MEMORANDUM DATE: May 14, 2018 TO: CPRB Board Members FROM: Patrick J. Ford Re: proposed revisions to Ordinance 8-8 At the request of Orville Townsend and David Selmer, I have drafted the following proposed revisions to the CPRB ordinance. (Suggested additions are shown in bold and underline.) The last sentence of SECTION 8-8-2 (L) shall be amended to read as follows: If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law, in which case the city attorney shall forward a copy of such internal affairs investigation report to the board. The second sentence of SECTION 8-8-2 (N) shall be amended to read as follows: In addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, whether the board's decision differed from that of the police chief and/or city manager, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. 3. The following subparagraph 6 shall be added to the end of SECTION 8-8-5 (B): In the event the board's decision differs from that of the police chief, the chief shall meet with the board in closed session to discuss the discrepancy of opinion. Such meeting shall take place prior to the issuance of the board's public report to the city council 4. The last un-lettered subparagraph of paragraph (B)(2) of SECTION 8-8-7 shall become numbered paragraph 3. 5. The following shall be inserted as subparagraph (13)(4) of SECTION 8-8-7: If the board disagrees with the decision of the police chief or city manager with respect to the allegations of misconduct the board and the police chief and/or city manager shall meet in closed session to discuss their disagreement about the complaint Such meeting shall take place prior to the issuance of the board's public report to the city council. 6. Subparagraph (B)(3) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(5)• 7. The following sentence shall be added to the end of newly re -numbered subparagraph (13)(5) of SECTION 8-8-7: The public report shall indicate whether the board affirmed or rejected the opinion set forth in the report of the police chief and/or city mangier. 8. Subparagraph (13)(4) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(6)• Subparagraph (13)(5) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(7). 10. Subparagraph (B)(6) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(8). 11. The following shall be inserted as new subparagraph (13)(9) of SECTION 8-8-7: If the board's public report to the city council does not affirm the decision of the police chief or city manager, the board may request an independent investigation which shall be completed within 90 des after the issuance of the board's public report The city council may grant requests for extensions to this deadline upon good cause shown The independent investigator shall be selected and hired by the board The independent investigator shall issue a public report to the city council and to the board concerning the investigation Such public report shall include detailed findings of fact concerning the com lv aint together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained" The independent investigator's public report shall not include the names of the complainant(s) or the police officers) The independent investigator's public report shall not include any discipline or personnel matters although the independent investigator may comment generally as to whether the investigator believes discipline is appropriate without commenting on the extent or form of discipline A copy of the independent investigator's public report shall be given to the complainants) the police officers) the police chief, the equity director, and the city manager. The independent investigator shall not issue a report which is critical of the sworn police officer's conduct until after a "name clearing hearing" has been held, consistent with due process law. The independent investigator shall give notice of such hearing to the police officer so that the officer may testify before the independent investigator and present additional relevant evidence. The independent investigator shall be responsible for protection of all state and federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the independent investigator. If the independent investigator's report is not critical of the officer's conduct the investigator is not required by law to offer a hearing to the officer, but the investigator may hold hearings as deemed appropriate by the investigator. 12. Subparagraph (B)(7) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(10). 13. Subparagraph (B)(8) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(11), and shall be further amended to read as follows: No findings or report submitted to the board or prepared by the board or any independent investigator shall be used in any other proceedings. 3 DRAFT May 21, 2018 Iowa City City Council City of Iowa City 410 Washington St Iowa City, Iowa 52240 Re: Community Police Review Board Annual Community Forum The Iowa City Community Police Review Board (CPRB) held the annual Community Forum on Monday, April 23, 2018 at 6:00 p.m. Board Members at the forum were Orville Townsend Sr. (Chair), Donald King (Vice -Chair), Monique Green and David Selmer. Royceann Porter was absent. Staff present were; Legal Counsel Patrick Ford, Staff Chris Olney and Kellie Fruehling. Guest speakers were Iowa City Police Chief Jody Matherly and Community Liaison Officer Colin Fowler. The forum opened with roll call and an introduction of board members. Chair Townsend read a brief summary of the board's duties and responsibilities. The Chair then introduced Chief Matherly. Chief Matherly presented an overview of the police department which includes four new officers for a total of 86 sworn officers. Chief Matherly also spoke on the department and community working together to reduce the crime rate and number of arrests. Chief Matherly introduced the new Community Liaison Officer Colin Fowler. Chief Matherly noted the addition of a nighttime Liaison Officer in the near future. Officer Fowler spoke on his responsibilities and how it relates to the community. He also spoke on the interactions of the police department with diverse groups, business owners and homeless population. Chair Townsend then opened the forum to the public. The following appeared: Harry Olmstead who addressed vehicles blocking handicap sidewalk ramps and need for enforcement, Joe Coulter who spoke about opioids and fentanyl crisis in the US and local reactions, Megan Alter spoke about reestablishing trust between the community and the police, Angela Winnike spoke of her position as night mayor and its relationship with the night businesses. At the conclusion of comments from the public, the Chair thanked the audience for their input and announced that there were informational pamphlets on the back table. Meeting was adjourned at 6:56 p.m. Orville Townsend, Chair Community Police Review Board (Transcriptions are available at ICgov.org) COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS May 2018 Date Description None. June 12, 2018 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #18-01 Filed: 03/06/18 Chief's report due (90 days): 06/04/18 Chief's report filed: 05/11/18 CPRB meeting #1 (Review): 06/12/18 CPRB meeting #2 (Review): ??/??/18 CPRB meeting #3 (Review): ??/??/18 CPRB report due (90 days): 09/09/18 TENTATIVE MEETING SCHEDULE July 23, 2018 August 14, 2018 September 11, 2018 October 9, 2018