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Home My WebLink About12-11-2018 Meeting PacketMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: December 5, 2018 CPRB Members Chris Olney TO: FROM: RE: Board Packet for meeting on December 11, 2018 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 12/11/18 • Minutes of the meeting on 11/13/18 • ICPD General Orders 99-10 (Domestic Violence) • ICPD General Orders 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Orders 90-03 (Personal Appearance and Uniform Regulations • ICPD General Orders 13-01 (Chaplain Program) • ICPD General Orders 00-06 (Special Purpose Vehicles) • ICPD General Orders 00-01 (Search and Seizure) • ICPD General Orders 17-01 (Polygraph) • ODARA (Ontario Domestic Assault Risk Assessment Form • Memorandum to City Council from Police Chief/City Attorney: CPRB recommendations for ordinance amendments. • Updated Member Contact Information • Office Contacts -November • 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 If you will need disability-related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. REVISED COMMUNITY POLICE REVIEW BOARD Tuesday, December 11, 2018 – 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 11/13/18 • ICPD General Orders 99-10 (Domestic Violence) • ICPD General Orders 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Orders 90-03 (Personal Appearance and Uniforms Regulations) • ICPD General Orders 13-01 (Chaplain Program) • ICPD General Orders 00-06 (Special Purpose Vehicles) • ICPD General Orders 00-01 (Search and Seizure) • ICPD General Orders 17-01 (Polygraph) ITEM NO. 3 NEW BUSINESS ITEM NO. 4 OLD BUSINESS • Discussion on General Order 99-10 (Domestic Violence) and the ODARA Ontario Domestic Assault Risk Assessment Form • Proposed Ordinance Change ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS • January 8, 2019, 5:30 p.m. Helling Conference Rm • February 12, 2019, 5:30 p.m. Helling Conference Rm • March 12, 2019, 5:30 p.m. Helling Conference Rm • April 9, 2019, 5:30 p.m. Helling Conference Rm ITEM NO. 9 ADJOURNMENT COMMUNITY POLICE REVIEW BOARD MINUTES -November 13, 2018 DRAFT CALL TO ORDER: Chair Orville Townsend called the meeting to order at 5:30P.M. MEMBERS PRESENT: Monique Galpin, Donald King, David Selmer MEMBERS ABSENT: Latisha McDaniel STAFF PRESENT: Legal Counsel Pat Ford, Staff Chris Olney OTHERS PRESENT: Iowa City Police Chief Matherly RECOMMENDATIONS TO COUNCIL None REPORT FROM NOMINATION COMMITTEE Galpin and Selmer were appointed to the nominating committee at the September 11th meeting. Galpin reported that the committee met and recommends King as Chair and Galpin as Vice-Chair. MOTION TO FIX METHOD OF VOTING Motion by King, seconded by Galpin to fix the method of voting to be by voice vote. Motion carried, 4/0, McDaniel absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Galpin and seconded by Selmer to nominate King for Chair. Motion carried, 4/0, McDaniel absent. MOTION TO CLOSE NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Galpin and seconded by Selmer to close nominations. Motion carried, 4/0, McDaniel absent. BALLOT OR VOTE Motion by Galpin and seconded by Selmer to select King for Chair. Motion carried, 4/0, .McDaniel absent. NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON Motion by Townsend, seconded by King to nominate and select Galpin for Vice-Chair. Motion carried, 4/0, McDaniel absent. MOTION TO CLOSE NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON Motion by Townsend and seconded by King to close nominations. Motion carried, 4/0, McDaniel absent. BALLOT OR VOTE Motion by Town send and seconded by King to select Galpin for Vice-Chair. Motion carried, 4/0, McDaniel absent CPRB Nov 13, 2018 Page2 CONSENT CALENDAR Motion by Galpin, seconded by King, to adopt the consent calendar as presented or amended. • Minutes of the Meeting on 10/09/18 Motion carried, 4/0, McDaniel absent. NEW BUSINESS Legal Counsel Review of ICPD General Orders -Legal Counsel Ford noted that he does not as a practice review the ICPD General Orders and asked if the Board would like him to. Selmer stated that the memo regarding the ICPD General Orders history/background shows that the review process is extensive and follows the GALEA's (Commission on Accreditation for Law Enforcement) Accreditation process. The Board agreed to not have Legal Counsel review orders unless specifically asked to by the Board. King had questions regarding the ICPD General Order 99-10 (Domestic Violence) as to what the ODARA Form was and how it is used by a Police Officer. The Chief explained that the (ODARA) Ontario Domestic Assault Risk Assessment Form is a reporting tool used to provide the Courts with a scored risk assessment which helps give the Judge the ability to determine bond, no-contact and chance of re-offending. The Chief will have the Domestic Violence Investigator attend the next meeting to provide more information. OLD BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None STAFF INFORMATION Olney advised that the City Attorney and Police Chief are working on a response to the Proposed Ordinance Change and they are hoping to have a memo to the City Council in the next two weeks. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • December 11, 2018, 5:30 PM, Helling Conference Rm • January 8, 2019, 5:30PM, Helling Conference Rm • February 12, 2019, 5:30 PM, Helling Conference Rm • March 12, 2019, 5:30PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by King, seconded by Selmer. Motion Carried, 4/0, McDaniel absent. Meeting adjourned at 5:53P.M. TERM NAME EXP. Donald 7/1/19 King Monique 7/1120 Galpin OrviUe 7/1120 Townsend Latisha 7/1121 McDaniel Royceann 7/1121 Porter David 7/1121 Selmer KEY: COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD 11/14 1217 1/9/18 X X 0 X X X X X X --------------- ------------ OlE X X X = Present 0 =Absent 2/13/18 X X X ----- X X 0/E = Absent/Excused NM =No meeting --=Not a Member 3/19/18 X X X ----- OlE X YEAR 2017-2018 (Meeting Date) 4/17/18 4/23/18 5/8/18 6/12/18 7/23/18 X X X X X X X X X X X X X X X ---------------------- X OlE X OlE ---- X X X X X 8/21/18 9/11/18 10/9/18 11/13/18 X X 0 X X X X X X X X X -----------X 0 --------------- 0 X 0 X OPS-14.3 The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement. A person may be involved in an intimate relationship with more than one person at a time. 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: Officers shall, with or without a warrant, arrest the primary physical aggressor for domestic abuse assault if upon investigation, including • reas<i>r:~able inquiry of the victim and other witnesses, if any, the office nas Rr<Dtmble cause to believe the assault: · · NOV 1 3 2018 b) Resulted in a bodily injury . c) Was committed with intent to inflict a serious injury f City _Ciei d) Involved the use or display of a dangerous weapon in c8Wifett1Wn'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. OPS-14.5 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 exis~"to sus,~t hat a felony is occurring, has just occurred, or that a life ~·,s in da · -~r: .J n evaluating the need for forced entry, the officer (s) mu~t.~onsider the degree of urgency versus requesting a warrant, the possi~yl Of 18Jilger, whether the suspected offense involved violence and wh~~_rtt !fk belief exists that persons may be armed. (See exigent circumsta119fr~ fffia.J.ysis in Use of Force G/0) ' Wc- 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. 1 O.lnterview 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. 12.1f 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 I NOV 1 G 2018 C1ty Clerk rowa City, lowe: OPS-14.7 If an officer has probable cause to believe that a person has violated a no- contact I 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 Officers shall complete reports for all cases involving current or past intimate or domestic relationships. Officers shall also complete a report where elements of stalking r 'ote r I risk to the victim, their family, or the public are reported to the police dep litm [,. Written reports should be factual, specific and clear so as to presJffivahl)aJH;DJrate portrayal of the domestic abuse incident. Written documentatigJ1 .th_at "'Will be made as a result of a domestic abuse arrest are the complaint,~9 ~-9ffrdavit, a supplementary information report narrative, Iowa City Police lnc1~~nto~port Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the Department's domestic abuse investigator. Officers shall make a good faith effort to utilize the Ontario Domestic Assault Risk Assessment (ODARA) when applicable. If an arrest is made, the ODARA shall be completed prior to the defendant's initial appearance and officers shall include the ODARA score (e.g. "ODARA = 4") in the affidavit portion of the criminal complaint. If the officer fails to record the score on the complaint and the complaint is submitted, the officer shall write the score on the original complaint at the jail, and subsequently ensure the same writing on all other copies of the complaint. Reports will include the documentation of use and scores from the ODARA. 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 OPS-14.9 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 1. 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 anNB(b!f!sive partner. The designated principal contact shall assist the vip.tim and children in safety planning and caution the victim to be ale'fbWi~Yalking activities. a C1. 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. 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 I or EGO, the watch commander I 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 OPS-14.10 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 I supervisor will be immediately notified. If the person arrested I suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. AdditionqJ:I~ the watch commander I supervisor shall be notified if any other employee ~h' owa City Police Department is arrested for domestic abuse. Following affv-Qf these notifications, the appropriate division commander will be contacted.Nov 1l 1 I) li'O'f .: II} In the event that any officer or employee of the Iowa City Poljc~(Q'~~J1ment is arrested for domestic abuse, or involved as a victim of a domes?i~<al[~~}lft~r is a suspect but not arrested for a domestic assault, appropriate referrals ftSi"~rvices 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. 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-14.3 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: 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 NGrt i .. :c. d) Involved the use or display of a dangerous weapon in connection Witf.f the assault r0 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. OPS-14.8 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 11.1f 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 ~eJ5,fa!Jor, spirit and physical description of the suspect should be noted 1atorf~~ith that of the victim ~l{llJ 1 ,~ 15.1f the officer is aware of pending domestic charges, note that'fA~ in the narrative ·v· Clerk 16.1f the in-car or body-cam recording system was activated ,. :ihr iowa If the victim suffered restriction of the airway or blood flow during the assault, an officer must complete the "Domestic Abuse Assault Impeding Airway I Circulation Supplemental Report." E. NOTIFICATION OF RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and I 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. F. FOLLOW-UP INVESTIGATIONS I 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 OPS-14.10 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-o&st,ate, is identified as a suspect, the watch commander I supervisor will be immeCnat~~ notified. If the person arrested I suspected is not an Iowa City Police Officer, thi? watch supervisor will notify that officer's department. Additionally, thec';)!Vatch commander I 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. 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. LEG-05.2 Ill. DEFINITIONS Personally involved: An officer is deemed personally involved where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. This policy specifically cautions off-duty officers from using their designation as a police officer in situations where they are personally involved. Officers should remove themselves from any involvement in such a situation and immediately contact on-duty personnel to handle. IV. PROCEDURES A. Liability Protection B. Officers of the Iowa City Police Department have liability protection for the on and off-duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies oD the Iowa City Police Department. Permitted Off-Duty Arrests NOV l 6 7018 W~en off-duty and within the legal jurisdiction of the City of 19~fa~~~~~wa off1cer may make an arrest only when: 1. There is an immediate need to prevent a crime or apprehend a suspect; and 2. The crime would require a full custodial arrest; and 3. The arresting officer has in his/her possession, appropriate police identification. 4. The officer is not personally involved in the incident underlying the arrest or the opportunity and/or means to have on-duty officers safely respond and handle were not reasonable. C. Off-Duty Responsibilities 1. While off-duty, the police officer is responsible for immediately reporting any suspected or observed criminal activity, qualifying a serious misdemeanor or higher, to on-duty personnel. 2. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off- duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other nuisance offenses. On-duty personnel should be contacted to J. ADM-03.4 Pants-Dress pants, dress pants with interior cargo pockets and exterior pocket cargo pants are allowed with the Winter Uniform). Non-Department issued uniform pants are not allowed. Shoes/Boots -Black military style boot or oxford with a plain rounded shinable toe Socks -When wearing shoes, socks shall be black or dark navy in color, of sufficient height to cover the exposed leg area when wearing trousers. When wearing boots, white socks are also authorized Hat-Department issued dress hat, baseball cap, stocking cap or arctic fur hat are authorized, as well as a personally owned all black stocking cap (no secondary color, writing or insignia is allowed) Summer Uniform lVf!v _; . f; /f,Jit Shirt-Short sleeve dress shirt (Flying Cross or Blauer Supershirt); >. '( Undershirt -Black or white t-shirt Pants-Dress pants or dress pants with interior cargo pockets [no exterior pocket cargo pants are allowed with this Summer Uniform -See more information below in "Summer Uniform (Optional)"]. Non-Department issued uniform pants are not allowed. Shoes/Boots -Black military style boot or oxford with a plain rounded shinable toe Socks -When wearing shoes, socks shall be black or dark navy in color, of sufficient height to cover the exposed leg area when wearing trousers. When wearing boots, white socks are also authorized Hat-Department issued dress hat or baseball cap K. Summer Uniform (Optional) Shirt -Short sleeve polo (the newer style polo with "POLICE" on the back) Undershirt-Black or white t-shirt Hat -Department issued baseball cap Pant Option for Summer Uniform (Optional) Pants-Exterior pocket cargo pants [no dress pants or dress pants with interior cargo pockets are allowed with the Summer Uniform (Optional)]. Non-Department issued uniform pants are not allowed. ADM-03.5 Shoes/Boots -Black military style boot or oxford with a plain rounded shinable toe Socks -When wearing shoes, socks shall be black or dark navy in color, of sufficient height to cover the exposed leg area when wearing trousers. When wearing boots, white socks are also authorized Shorts Option for Summer Uniform (Optional) Shorts -Department issued shorts may be worn during the months of June, July or August, only, regardless of the projected or actual temperature. Non- Department issued uniform shorts are not allowed. Shoes-Sturdy, black athletic shoes without any type of decorative stitching ~""·, or adornment (these shoes must be all black-no other secondary or 111, accent color will be allowed on this shoe) ~v / I'-' •. Socks -Socks shall be black or dark navy in color and have no height requirement L. Uniform Calendar April: Winter or Summer Uniform (individual officer's choice) May-September: Summer Uniform October: Winter or Summer Uniform (individual officer's choice) November-March: Winter Uniform Ill. WEARING THE UNIFORM ' /ft'Jq. The following regulations will apply to all Departmental personnel, while in uniform. A. Cap 1. The uniform cap will be worn at the discretion of the individual officer, except when directed by a supervisor for extended periods of special duty, such as parades, formal or ceremonial functions, funerals. 2. The cap will be worn in such a manner that the lower-most part of the cap bill will be on a line horizontal with the eyebrows. 3. All caps will be worn with the plastic grommets in place, not removed. The proper cap shield shall be worn on the cap at all times. Patrol officers shall wear a black vinyl cap strap with gold buttons. All personnel above the rank of patrol officer shall wear gold cap straps and gold cap buttons. The Chief, Captains and Lieutenants are authorized to wear rank specific gold embroidery on the bill of the cap. B. C. ADM-03.6 NOTE: All patrol personnel and CSOs will have a Departmental issued dark navy "Arctic" fur hat and/or a stocking hat. These hats may be prescribed as part of the uniform of the day in extremely cold weather. Shirts 1. 2. 3. The long-sleeve shirt may be buttoned at the collar and worn with a tie or open-collared with an authorized t-shirt, turtleneck or dickey. Shirt sleeves will always be buttoned at the cuff and never rolled up at the wrist. Uniform shirts shall have the pockets buttoned, with no bulky items contained therein. It is recommended that no items (pens or pencils) will be visible protruding from the pocket or flap. T -shirts lrr:--- vyhen a uniform shi.rt is ~orn without a tie, turtle~eck or die~?'·~ a ~.:~ · •. , h1gh neck style t-sh1rt w1ll be worn. V-neck T-sh1rts are no,t,_ .t 6;u. authorized with the open collar shirt. The T -shirt slee~ lgta)ill,l,J}of 'Ill protrude below the sleeve on the short-sleeve shirt. Ci C;f;''t:r+ , Jc,, Ties and Tie Bars [/,:,'~~ 1. Ties worn by Department uniformed personnel shall be the official departmental specified tie. No other color or style will be permitted. 2. Only Departmental authorized tie bars or tie-tacks are permitted. No other insignia, tie bars or tie-tack shall be worn. The tie bars or tie- tacks will be worn at a point on the tie parallel to the bottom of the shirt pocket flap when the flap is closed. 3. The wearing of tie-tacks or bars is optional. D. Trousers 1. All trousers will be of a length that allows the cuff to touch the top of the shoe at the laces. Any lesser length will not be permitted. 2. Trousers will be clean and pressed at all times and will not be worn if showing signs of wear. 3. Except for special assignments, trousers shall not be worn bloused or tucked into boots. E. Shoes and Socks 1. Shoes shall be a black military style boot or oxford with a plain rounded toe. Any other style of footwear must be approved by the Watch Commander. Shoes or boots with any type of decorative stitching or adornment will not be allowed. Shoes and boots shall be kept clean, shined, and in good repair. 2. Socks shall be black or dark navy in color, of sufficient height to cover the exposed leg area when wearing trousers. ADM-03.7 3. Socks of other color may be worn if required for a medical condition but the exposed portion of the sock must be black or dark navy in color. 4. A black lace type or pull-on boot is acceptable as winter footwear. Wearing of the winter footwear will be determined by the weather conditions and approval of the Watch Commander. G. Other Garments H. 1 . Jackets and coats shall be of the color and style approved and designated by the Department. 2. Gloves-only gloves issued or approved by the Department shall be worn. 3. Raincoat and cap -only rain gear as approved and issued by the Department shall be worn. lito// . ./ /-,' Emblems and Insignia lo~ 01{¥ . ) ;tJ/ff Ci C;; C,-r 1. With the exception of raincoats, all outer garments and shirts of the prescribed police uniform will have affixed to them an official Iowa City Police Department patch. Exceptions to this are personnel assigned to Communications, Records, Animal Service Officers, and other specialized units at the direction of their commanding officer. 2. Unless exempted, all uniformed sworn and civilian personnel shall wear the prescribed name plate, with their name and "Serving Since" date engraved on it. Name plates shall be worn on all uniform shirts, just above the flap of the right breast pocket/area. a. All uniformed sworn personnel will wear a gold colored name plate. b. Uniformed civilian personnel will wear a silver colored name plate. c. Animal Control will wear a name plate as designated by the Chief of Police. d. On all Department issued coats, a cloth name patch will be sewn on the right front identifying first initial/last name. 3. A police shield issued to a uniformed officer or civilian shall be worn on all outer garments and caps (ball caps and stocking caps exempt) while on duty. Uniform shirts and jackets have tabs for the wearing of the shield and they shall be worn on the tabs. 4. The designation of rank insignia shall be worn as prescribed. a. Sergeants shall wear three stripe chevrons on each sleeve of all long-and short-sleeve uniform shirts and on all jackets, excluding rainwear. b. Above the rank of Sergeant, uniformed personnel shall wear rank designation on the collars of each shirt and on the shoulders of each jacket. The rank designation will be as follows. 1) Lieutenant -single gold bar 2) Captain -double gold bar ADM-03.5 ADM-03.7 2. Trousers will be clean and pressed at all times and will not be worn if showing signs of wear. 3. Except for special assignments, trousers shall not be worn bloused or tucked into boots. E. Shoes and Socks 1. Shoes shall be a black military style boot or oxford with a plain rounded toe. Any other style of footwear must be approved by the Watch Commander. Shoes or boots with any type of decorative stitching or adornment will not be allowed. Shoes and boots shall be - kept clean, shined, and in good repair. 2. Socks shall be black or dark navy in color, of sufficient height tdf;1,.. cover the exposed leg area when wearing trousers. / .. C-:. · ./6, , 3. Socks of other color may be worn if required for a medica1)1~>-0naition <"'~. v (1 \..I but the exposed portion of the sock must be black or dark navy-:.,jn'G}-L J /, 'T color. ' o1-z.-_ 4. A black lace type or pull-on boot is acceptable as winter footwear. ,-;.; Wearing of the winter footwear will be determined by the weather conditions and approval of the Watch Commander. G. Other Garments 1. Jackets and coats shall be of the color and style approved and designated by the Department. 2. Gloves -only gloves issued or approved by the Department shall be worn. 3. Raincoat and cap -only rain gear as approved and issued by the Department shall be worn. H. Emblems and Insignia 1. With the exception of raincoats, all outer garments and shirts of the prescribed police uniform will have affixed to them an official Iowa City Police Department patch. Exceptions to this are personnel assigned to Communications, Records, Animal Service Officers, and other specialized units at the direction of their commanding officer. 2. Unless exempted, all uniformed sworn and civilian personnel shall wear the prescribed name plate, with their name and "Serving Since" date engraved on it. Name plates shall be worn on all uniform shirts, just above the flap of the right breast pocket/area. a. All uniformed sworn personnel will wear a gold colored name plate. b. Uniformed civilian personnel will wear a silver colored name plate. c. Animal Control will wear a name plate as designated by the Chief of Police. d. On all Department issued coats, a cloth name patch will be sewn on the right front identifying first initial/last name. 3. A police shield issued to a uniformed officer or civilian shall be wom on all outer garments and caps (ball caps and stocking caps exempt) SER 07.2 A. Role of the Chaplain and Chaplaincy Program 1. The Chaplain will seek to lighten the burden of Officers by performing tasks that have a spiritual or social nature rather than law enforcement nature. The Chaplain will strive to strike a balance between serving the needs of the Officers in their personal and professional lives and serving the Iowa City area community. 2. A Chaplain may provide counseling to employees of the ICPD in both work related and personal matters. Personal contacts by employees are confidential and can be made directly with a Chaplain or through the assigned department liaison with the following exceptions: If a) personnel or public pose a clear and present danger of harm to self or others; b) where reporting is required by law; or c) when the Chaplain suspects child or dependent adult abuse. Employees of the ICPD may page a Chaplain at any time for personal needs. 3. When a Chaplain is needed as an official representative of the ICPD, a Watch Supervisor, Command Officer, or department liaison will make the request either directly to the Chaplain or through the liaison. B. Chaplain Duties •· . "J .. -.. Police Chaplains' primary duties are to provide assistance to all member~ of,t§e department and to the community as requested or directed by the Chief of Police or designee. Chaplains are subject to all appropriate department orders and policies/procedures wh~n. acting in the role of Chaplain. Chaplains shall not proselytize to members of the department or community unless they receive an unsolicited request from a member of the department of.'lcommunity. w 1 . Chaplain services may include: a. Counseling Officers. b. Counseling other members of Department. c. Counsel families of Officers and other Department personnel. d. Visit sick or injured Officers and Departmental personnel in homes and hospitals. e. Attend and participate, when requested, in funerals for past and present ICPD members. f. Offer prayers at special occasions such as recruit graduations, awards ceremonies, and building dedications. SER 07.3 g. Participate in roll-call briefings and ride-a longs to become familiar with ICPD policies and procedures. 2. The Chaplain may also assist Officers with performing duty related tasks including: a. Providing assistance to victims. b. Making death notifications c. Crisis response and non-emergency transportation. d. Assisting victims of domestic violence e. Assisting families of suicide victims. f. Serving as liaison with other clergy in the community. g. Providing spiritual counseling to an arrestee. h. Furnishing expert responses to religious questions. i. Assisting with transients and the homeless. C. Identification 1. ICPD Chaplains will be issued a photo identification card for purposes of identification when acting as an official representative of the ICPD. The ICPD ID card is only authorized for use while acting as a representative of the ICPD. 2. If requested by an ICPD Officer, a member of another law enforcement agency, or a resident, an ICPD Chaplain will provide proper identification. D. Department Liaison 1. 2. 3. 4. 5. The Department Liaison(s) serves as a sworn law enforcement official(s) with full time responsibilities. The liaison position is a voluntary assignment to the Chaplain service. The Liaison is an advisor to the Department's Administration, Officers, and Chaplains. The Liaison assists with the needs and administrative functions that are necessary for day-to-day operations of the program. The Liaison is available at all times to answer questions raised b~;o a Chaplain. ,,. "' The Liaison will perform all necessary tasks such as: 3 reports to the Administration and the Senior Chaplain, c c) correspondence within the Department, scheduling of ride-a-longs and outside speakers. The Liaison will coordinate resources and equipment upkeep fgr the Chaplain Program. The Liaison will meet as needed with the Chaplains"for dissemination of Department policy, procedures, General Orders and other information as it applies to the Chaplain Program. SER 07.4 6. The Liaison works closely with the Senior Chaplain and assists with the scheduling of meetings, the agenda for meetings, new members, ongoing training, and any publication updates involving the Police Chaplain Program. 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. 1~' -~ Ill. PROCEDURE A. Role of the Chaplain and Chaplaincy Program ~ SER 07.2 1. The Chaplain will seek to lighten the burden of Officers by performing tasks that have a spiritual or social nature rather than law enforcement nature. The Chaplain will strive to strike a balance between serving the needs of the Officers in their personal and professional lives and serving the Iowa City area community. 2. A Chaplain may provide counseling to employees of the ICPD in both work related and personal matters. Personal contacts by employees are confidential and can be made directly with a Chaplain or through the assigned department liaison with the following exceptions: If a) personnel or public pose a clear and present danger of harm to self or others; b) where reporting is required by law; or c) when the Chaplain suspects check or dependent adult abuse. a .. b. Employees of the ICPD may page a Chaplain at any time for personal needs. 3. When a Chaplain is needed as an official representative of the ICPD, a Watch Supervisor, Command Officer, or department liaison will make the request either directly to the Chaplain or through the liaison. B. Chaplain Duties Police Chaplains' primary duties are to provide assistance to all members of the department and to the community as requested or directed by the Chief of Police or designee. Chaplains are subject to all appropriate department orders and policies/procedures when acting in the role of Chaplain. Chaplains shall not proselytize to members of the department·,or community unless they receive an unsolicited request from a member of the department or community. 1 . Chaplains are assigned to the ICPD and may serve at invocations aiitJ benedictions, and provide assistance for employees of the I GPO ·and !heir~rnily members in times of illness, bereavement, or for spiritual 'Neii~E:!ing . Chaplain services may include: · · a. Counseling Officers. :. · b. Counseling other members of Department. '· ') c. Counsel families of Officers and other Department personnel. c.J d. Visit sick or injured Officers and Departmental personnel in homes and hospitals. e. Attend and participate, when requested, in funerals for past and present ICPD members. f. Offer prayers at special occasions such as recruit graduations, awards ceremonies, and building dedications. g. Participate in roll-call briefings and ride-a longs to become familiar with ICPD policies and procedures. 2. The Chaplain may also assist Officers with performing duty related tasks including: a. Providing assistance to victims. b. Making death notifications c. Crisis response and non-emergency transportation. d. Assisting victims of domestic violence e. Assisting families of suicide victims. f. Serving as liaison with other clergy in the community. g. Providing spiritual counseling to an arrestee. h. Furnishing expert responses to religious questions. i. Assisting with transients and the homeless. C. Identification SER 07.3 1. ICPD Chaplains will be issued a photo identification card for purposes of identification when acting as an official representative of the ICPD. The ICPD ID card is only authorized for use while acting as a representative of the ICPD. 2. If requested by an ICPD Officer, a member of another law enforcement agency, or a citizen resident, an ICPD Chaplain will provide proper identification. +Ae Chaplain uniform may consist of I CPO issued shirt with insignia or the normal attire 'Norn when acting under the color of faith. D. Department Liaison 1. The Department Liaison(s) serves as a sworn law enforcement official(s) with full time responsibilities. The liaison position is a voluntary assignment to the Chaplain service. 2. The Liaison is an advisor to the Department's Administration, Officers, and Chaplains. The Liaison assists with the needs and administrative functions that are necessary for day-to-day operations of the program. 3. The Liaison is available at all times to answer questions raised by a Chaplain. 4. The Liaison will perform all necessary tasks such as: • reports to the Administration and the Senior Chaplain, • correspondence within the Department, r·.,..,,, • scheduling of ride-a-longs and outside speakers. · -. 5. The Liaison will coordinate resources and equipment upkeep for the Chaplain Program. The Liaison will meet as needed with the Chaplains for dissemlnation of Department policy, procedures, General Orders and other information as-'it applies to ..... ,..,! the Chaplain Program. 6. The Liaison works closely with the Senior Chaplain and assists with the ~scheduling of meetings, the agenda for meetings, new members, ongoing training, ~lld any publication updates involving the Police Chaplain Program. (....) 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 SER 07.4 respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. .. . SER-04.2 Ill. DEFINITIONS Special purpose vehicle -The Iowa City Police Department designates the following type vehicles as special purpose vehicles. 1. Canine Vehicles 2. Mobile Command Center 3. Community Service Officer Vehicles 4. Police Bicycles 5. Animal Control Vehicle 6. Prisoner Transport Van 7. CNT/Command Vehicle IV. PROCEDURES Uniformed Operations A. Canine Vehicle -Used to safely transport police canine and handler to and from work related duties. 1. Canine officers assigned to the vehicle can authorize any member of the department to operate the vehicle. 2. Operation of the Canine vehicle requires no special training. 3. In addition to being equipped as a marked patrol vehicle, the canine vehicle shall: 4. a. Be modified for the safe transport of the canine. b. Be equipped with a device for the handler to remotely release the canine from the interior of the vehicle. c. Contain equipment necessary for the handling and qeptrol of the canine, as determined by the handler. c.., .,-:; The canine officer is responsible for the normal upke~p ,anp_; cleanliness of the canine vehicle. ::::~: ,-. a -·~~-, -'I '11"-·~· • ," ,"j :'·::::""J ·' ' ' 5. The vehicle shall receive routine maintenance as determirred by~tl.1e city's vehicle maintenance department. · · \·:;, .. ,.,. (''V B. Mobile Command Center (MCC) -Used at major incidents to transport personnel, special equipment and communications equipment to the scene. Also serves as command center for major incidents and incidents involving the call out of the Special Response Team. 1. The Incident Commander may request the use of the MCC at their discretion. The use of the MCC should be approved by the Watch Commander or Commander of Field Operations or designee. Any SER-04.3 sworn personnel may operate the vehicle as directed by the incident commander. 2. The MCC requires no special training to operate, however the operator needs to be familiar with operating large "top heavy" vehicles. 3. The MCC may be equipped with emergency lights and siren and "police" radio and Data Terminal. In addition, the MCC may be equipped with the following: A. Electrical Generator B. Tactical Equipment as determined by SRT command. 4. The SRT Commander or designee is responsible for the normal upkeep and cleanliness of the MCC. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. C. Community Service Officer (CSO) Vehicles -Used by CSOs in the performance of their assigned duties. 1. CSO vehicles may be operated by any member of the department. 2. The Operation of CSO vehicles requires no special training. 3. CSO vehicles are marked as Community Service Officer and are equipped with emergency lights, police radio and Data Terminal. In addition CSO vehicles shall be equipped with: a. Equipment for capturing and securing animals. b. Parking citations and vehicle impound forms. c. Forms for taking basic reports. d. Rack for carrying bicycles. e. Other equipment as determined by the CSO. 1'-..l 4. CSOs are responsible for the normal upkeep and cleanlin~ss of CSO vehicles. :'.:' 5. CSO vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. g · ,.:~· D. Animal Control Vehicle -Used by Animal Control Offi~e~! in ·ttiE; performance of their assigned duties. ·~·? ""' · 1. 2. ('..) t r)_ Animal control vehicles may be used by animal control' officers. On-duty animal control officers may authorize other members of the department to operate the vehicle. When animal control personnel are not on duty, Watch Supervisors may authorize officers or CSOs to operate animal control vehicles as needed. The operation of animal control vehicles requires no special training. SER-04.4 3. Animal Control Vehicles are clearly marked as such and contain a police radio. In addition, animal control vehicles may be equipped with: a. Nooses, snares, or other equipment to capture at large animals. b. Kennels or compartments to contain captured animals. c. Tools and implements for clearing dead animals from the streets and other public areas. d. Other equipment as determined by animal control personnel. 4. The animal control supervisor is responsible for the general upkeep and cleanliness of animal control vehicles. 5. Animal control vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. E. Police Bicycles -Used by specially trained officers for patrol purposes. 1 . Police Bicycles may only be operated by officers who have successfully completed a departmentally recognized Police Cyclist Training Course. 2. Police Bicycles will be marked as with the word POLICE. Police Bicycles shall be equipped with lights and reflectors. The bicycles shall also have enclosed pack to carry paperwork, small supplies and first aid equipment. 3. The assigned officer shall be responsible for the general upkeep and maintenance of the bicycle. 4. The bicycle shall receive maintenance as needed. 5. The use of police bicycles may be authorized by watch supervisors for situations where traditional vehicles are unable to enter, i.e. parades, festivals, remote areas, or there is a community policing need that can best be served by officers on bicycles. ,~ _,_ F. Prisoner Transport I Holding Vehicle-May be used for the transp~fting of . prisoners or holding of prisoners until they are booked I pro.cess~~ at th~; jail or other processing center. :"': ~· · · i:5 · · ~:::: 1. The maintenance I care of this vehicle is the responsibtlit~ of ~~fi~ Commander of Field Operations or designee. ·~: . ..,, 2. No special license or training is required to operate the v~b~cle. 3. The transport of prisoners shall comply with departmental directives relating to the transporting of prisoners. 4. Use of the vehicle shall be consistent with directives relating to the vehicle. 5. Maintenance shall be as determined by the city's vehicle maintenance department. 6. The vehicle shall be equipped with barriers which separate prisoners from officers as well as juvenile I female prisoners from SER-04.5 male prisoners. The vehicle will also have low maintenance seats for prisoner usage. G. CNT/Command Vehicle Used at CNT incidents to transport personnel, special equipment and communications equipment to the scene. 1. The use of the vehicle should be approved by the Watch Commander or Commander of Field Operations or designee. Any sworn personnel may operate the vehicle as directed by a supervisor. 2. This vehicle requires no special training to operate. 3. The vehicle may be equipped with emergency lights and siren and "police" radio and Data Terminal. 4. The CNT supervisor or designee is responsible for the normal upkeep and cleanliness. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. All persons operating a motorized city vehicle SHALL have a valid Iowa Driver's License with all applicable endorsements and compiling with all applicable restrictions. Jody Matherly, Chief of Police ~-"~ .·.; '-1 'l :.: WARNING \':} .. This directive is for departmental use only and does not apply in any crimin~l 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. SER-04.3 sworn personnel may operate the vehicle as directed by the incident commander. 2. The MCC requires no special training to operate, however the operator needs to be familiar with operating large "top heavy" vehicles. 3. The MCC may be equipped with emergency lights and siren and "police" radio and Data Terminal. In addition, the MCC may be equipped with the following: A. Electrical Generator B. Tactical Equipment as determined by SRT command. 4. The SRT Commander or designee is responsible for the normal upkeep and cleanliness of the MCC. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. C. Community Service Officer (CSO) Vehicles -Used by CSOs in the performance of their assigned duties. 1. 2. 3. 4. 5. CSO vehicles may be operated by any member of the department. The Operation of CSO vehicles requires no special training. CSO vehicles are marked as Community Service Officer and are equipped with emergency lights, police radio and Data Terminal. In addition CSO vehicles shall be equipped with: a. Equipment for capturing and securing animals. b. Parking citations and vehicle impound forms. c. Forms for taking basic reports. . r ':::; d. Rack for carrying bicycles. . . :: e. Other equipment as determined by the CSO. -: .. -. S::~. CSOs are responsible for the normal upkeep and 'CI"eanifness ·of CSO vehicles. · ... ·.·:· : ~~·: . ·. CSO vehicles shall receive routine maintenance as deterrnJfiled by the city's vehicle maintenance department. (.,.) C:'l D. Animal Control Vehicle -Used by Animal Control Officers in the performance of their assigned duties. 1 . Animal control vehicles may be used by animal control officers. On-duty animal control officers may authorize other members of the department to operate the vehicle. When animal control personnel are not on duty, Watch Supervisors may authorize officers or CSOs to operate animal control vehicles as needed. 2. The operation of animal control vehicles requires no special training. SER-04.4 3. Animal Control Vehicles are clearly marked as such and contain a police radio. In addition, animal control vehicles may be equipped with: a. Nooses, snares, or other equipment to capture at large animals. b. Kennels or compartments to contain captured animals. c. Tools and implements for clearing dead animals from the streets and other public areas. d. Other equipment as determined by animal control personnel. 4. The animal control supervisor is responsible for the general upkeep and cleanliness of animal control vehicles. 5. Animal control vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. E. Police Bicycles-Used by specially trained officers for patrol purposes. 1. Police Bicycles may only be operated by officers who have successfully completed a departmentally recognized Police Cyclist Training Course. 2. Police Bicycles will be marked as with the word POLICE. Police Bicycles shall be equipped with lights and reflectors. The bicycles shall also have enclosed pack to carry paperwork, small supplies and first aid equipment. 3. The assigned officer shall be responsible for the general upkeep and maintenance of the bicycle. 4. The bicycle shall receive maintenance as needed. :.""', 5. The use of police bicycles may be authorized by watch sup~rvisors for situations where traditional vehicles are unable to ent~r, i.e. parades, festivals, remote areas, or there is a com!:l!unity policing ' need that can best be served by officers on bicycles:.'-:,: -' F. Prisoner Transport I Holding Vehicle-May be used for the transp<;>rting o(: prisoners or holding of prisoners until they are booked I processe~f,:at the jail or other processing center. r:~ 1. The maintenance I care of this vehicle is the responsibility of the Commander of Field Operations or designee. 2. No special license or training is required to operate the vehicle. 3. The transport of prisoners shall comply with departmental directives relating to the transporting of prisoners. 4. Use of the vehicle shall be consistent with directives relating to the vehicle. 5. Maintenance shall be as determined by the city's vehicle maintenance department. 6. The vehicle shall be equipped with barriers which separate prisoners from officers as well as juvenile I female prisoners from 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: Officers should explore alternative arrangements short of impound. These options include park-and-lock options on nearby streets or parking lots or calling a third party to drive the vehicle away. Impoundment of a vehicle is permitted only if these options have been adequately explored. When impoundment is contemplated, officers should ask the driver whether there is any property in the vehicle the driver wishes to retain. If so, the driver should be allowed to retrieve it. With respect to property left behind in vehicles, officers should ask the driver whether there is anything of value requiring safekeeping and make a record of the response in order to protect the city from a later claim of theft of valuables. If an item requires safekeeping officers should consult with the on-duty supervisor for the best option. ;.--,~ ·-tc '.) Absent specific consent to search them officers shall only inventory closed;::S containers left behind in the vehicle. Officers should advise the owner 0r · .: operator of the options to impoundment; personal items may be retri:ev"e,d ffoin the vehicle; and if the vehicle is impounded, containers found within tfi'e -" ... , vehicle will not be opened but stored for safekeeping as a unit unless the owner or operator directs otherwise. \? 0 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. LEG-04.3 H. Crime Scene Search: 1. 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) 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 B. 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. 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. Affidavit Preparation : .. '5 1. An affidavit supporting the application for a search warrant shall be prepared ~g the appropriate form in accordance with department policy. Because t~~ .•. o 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; LEG-04.4 ,., . ~ (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. (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. c-•::t (d) Time and Method of Search: A valid search warrant may be served at aa:y time of the day or night, as operationally required, within 10 days from th~ 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 mJe 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/). 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 OWl investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the ~· j'l=r.l .":"'' ~ •• LEG-04.5 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. C. Supervisory Review of Issued Search Warrant Prior To Execution 1. 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 execy.~on of a search warrant in Iowa City, a supervisor will at a minimum familiarfze ,, ~ themselves with the address being searched and confirm the accuracy of the'? location. ~-·· D. Execution of the Search Warrant :.. . ~ -. 0 en 1. 1 0-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 I drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. LEG-04.6 '· .-·· ·~ • -r. .•• 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; (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 II) (k) Staging area discussion .. ::J, c<> 0 ·;...... •. ' •. ·J .. 0 4 Supervisor Presence Required: The supervisor in charge must be physically en 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. (: ; ...... '"' ;:_~ '.,. LEG-04.7 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 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: A warrant to search a premise does not authorize an officer to search any person present if an item is not found in the premises. Furthermore, there must be r::-1 probable cause to detain a person. Even a warrant to search the premises and ~ill persons" located in the premises does not authorize the officer to search arid defain "all persons" if there is no probable cause. ~~· : ~ : t~; ~>~.:·· 0 ' ..:: i ' ;·-.. , In the execution of a search warrant the person executing the same may r~a$~nab~~ detain and search any person or thing in the place at the time for any of the \.' following reasons: 73 1. To protect the searcher from attack. 2. To prevent the disposal or concealment of any property subject to seizure described in the warrant. 3. To remove any item which is capable of causing bodily harm that the person may use to resist arrest or effect an escape. 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. LEG-04.8 E. F. 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 I 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. Return of the Search Warrant _. 1. Officers shall observe statutory and administrative requirements regarding r:e.~urn 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 tft~ property inventory to the appropriate judicial authority within specified ti~e ~~~its. , ·;<J Liaison with the County Attorney . : . \,_") .. 0 1. Officers seeking search warrants in unusual situations or where the seriousA·ess, 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 1. 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. LEG-04.9 (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: (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; •. l (c) The specific strategy for approaching, entering, securing and leaving th~~ target premises. This strategy should include the layout of the premise~~,Qf known), and the identification of any known or anticipated hazards that may exist. ~· .··~ :,:;; (d) The specific responsibilities of each officer present during the ope~~ti~m,\'? including provisions for the handling and transport of persons arrested; 7:71 (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: LEG-04.10 (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 offeree) 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). LEG-04.11 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. ::.~ , r. (,.:;. IJ '' .. . c.;. D. Under Iowa Code Section 804.30, the following conditions apply~--;.:·.·: cJ 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 ~i§ 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. LEG-04.12 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 depar1[!l ent: -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 (.,,) C'? t, .. ~} c. If the transgender individual has a preference, at least one offit~r of the gender requested will conduct the search, whenever possible. c>~ d. Officers must take into account the reasonableness of any delay created by waiting for another officer. e. 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. f. When in doubt regarding any searches of a transgender individual, officers will call a supervisor to the scene prior to searching. (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. 1 Code of Iowa Chapter 808. 2 General Order 00-01, Search & Seizure. 3 General Order 89-04, Civil Rights. 4 General Order 99-02, Alarms -Open Door Response. 5 General Order 01-02, Informants. Officer Making Application: _____________________ (Signature) Submitted: __ / __ / ___ _ Approving Supervisor*: ______________________ (Signature) Reviewed: __ / __ / ___ _ Lieutenant (or higher): ______________________ (Signature) Reviewed: __ / __ / ___ _ Supervisor Date Post Warrant Service 1 2 3 4 Leave paperwork at scene of items seized. Applicant __ Supervisor __ · _ Notification to supervisor of results, concerns and problems. Use of Force report if applicable. Return of service to the court. Applicant __ 'Sup~rvi'idr __ ..... . Applicant __ Supervisn:r ' J Applicant __ Supervi~oj ,; ;. 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. LEG-04.14 *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations. SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and Judge's Signatures: 1. Satellite photograph of target I 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: 1. 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 I Drug Related) Applicant __ Supervisor __ Briefing: Specific Assignments I Tasks: 1. 2. 3. Verification of address of target Applicant __ Supervisor __ Method of entry and order of stack Applicant __ Supervisor __ Exterior residence containment Applicant __ Supervisor __ 4. Photographs-Documentation I Evidentiary I Persons Applicant __ Supervisor __ 5. Searchers I Interviewers Applicant __ Supervisor __ · .. C:;) t.f1 LEG-04.15 .. ' • b 6. Observation and control of suspects Applicant __ Supervisor __ 7. 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. ~ ..... ',,'::; (_.) C:J ... ',"'t I ''') .. ~· C:;J ... J1 LEG-04.16 LEG-04.19 f'":· ; ,.'' ; ._., ' .. -~ ! .. _,r_, -t::o:~ ~.~'·:: ' ·• c:' Amendment4 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. E. F. This may be different from what is traditionally associated with the person's physiology or assigned gender at birth. Transgender Individual: A person whose gender identity differs from their assigned sex. . ~ ' Sexual Assault Nurse Examiners (SANE): Registered nurses who have completed specialized education and clinical preparation in the medical forensi·c care of the patient who has experienced sexual assault or abuse. Ill. 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-04.2 . ' 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 may be 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. 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 preparea: 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.§rall •• ensure that the following information is clearly and completely specified: ~.' '•') "' (a) Offense: The offense shall be described with reference to the criminak:J l' -~""' 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; LEG-04.4 (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. (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 th~~1 time of issuance. c.) • -~· I ' I ~ ., (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/). 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 LEG-04.5 requirements of the Search Warrant Checklist (I.e. obtaining blood for an OWl 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. C. Supervisory Review of Issued Search Warrant Prior To Execution 1. 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 1;:) administrative errors. · -. 2. When an outside agency requests Iowa City Police assistance with the execut\qn 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. 1 0-Day Time Limit: Search warrants must be executed within 1 0 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 I drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. LEG-04.6 '" 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; (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 //) (k) Staging area discussion r •. ) C.) 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. LEG-04.7 E. 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 I 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. · ·· ' • 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 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 1. 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 LEG-04.9 1. 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 , .. J include, at a minimum, the following: c"Y (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 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.; LEG-04.10 (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: LEG-04.11 (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). i ' 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 se.arch" means having a person remove or arrange some or all of the person's clothing ~q 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. 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. LEG-04.12 (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 Expre&§,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 pref~r'EmceJor the gender of the officer who will conduct the search. · b. Officers will record the following information on either their In-Car C.amera, 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 c. If the transgender individual has a preference, at least one officer of the gender requested will conduct the search, whenever possible. d. Officers must take into account the reasonableness of any delay created by waiting for another officer. e. 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. LEG-04.13 Example: A male officer would search a transgender man who indicates no preference for the search. f. 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 (4th 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. (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. 1 Code oflowa Chapter 808. 2 General Order 00-01, Search & Seizure. 3 General Order 89-04, Civil Rights. 4 General Order 99-02, Alarms -Open Door Response. 5 General Order 01-02, Informants. Officer Making Application: __________________________________________ (Signature) Submitted: __ / __ / ___ _ Approving Supervisor *: ___________________________________________ (Signature) Reviewed: __ / __ / ______ __ Lieutenant (or higher): _____________________________________________ (Signature) Reviewed: I I -------- Safety Plan Waiver 1\ll provisions of the Search Warrant Control Review are waived with the exception of the post warrant service. Reason: Location is already secured Records only/DNA only Vehicle only ______ _ :>ther: ~--------------------------------------------------~------~--~---------Supervisor Date __ / __ / Post Warrant Service 1 2 3 4 Leave paperwork at scene of items seized. Notification to supervisor of results, concerns and problems. Use ofF orce report if applicable. Return of service to the court. Applicant Supervisof' Applicant--Supervisor~ ---- Applicant Supervis6r' ----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. LEG-04.14 *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant oflnvestigations. SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and Judge's Signatures: 1. Satellite photograph of target I 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: 1. Briefmg 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 of30 minutes (Narcotics I Drug Related) Applicant __ Supervisor __ Briefing: Specific Assignments I Tasks: 1. Verification of address of target 2. 3. Applicant __ Supervisor __ Method of entry and order of stack Applicant __ Supervisor __ Exterior residence containment Applicant __ Supervisor __ 4. Photographs-Documentation I Evidentiary I Persons Applicant __ Supervisor __ 5. Searchers I Interviewers Applicant __ Supervisor __ (.' LEG-04.15 LEG-04.16 6. Observation and control of suspects Applicant __ Supervisor __ 7. 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. L .. ··. LEG-04.19 ( .") .•·-··, '-·" ,• 1. Following approval by the Investigations Commander or their designee, officers for this deparbnent and other law enforcement agencies may request a polygraph examination from the department's authorized polygraphists. 2. Polygraph examinations may be authorized when consistent with state of Iowa law and agency policy. Polygraphs will not be used as a substitute for sound investigative procedures. Situations in which authorization may be requested and approved include, but are not be limited to, the following: 3. 4. 5. 6. 7. 8. a. Requests from a prosecutor's office as part of an agreement with a defense attorney or for other investigative purposes. b. Requests from other criminal justice agencies meeting their agency requirements. c. Conflicting accounts and/or evidence of an incident from victims, witnesses, or suspects. d. Efforts to confirm or refute an allegation that cannot be reasonably verified or disproved by other evidence. e. Efforts to establish probable cause to seek a search warrant. A polygraph should not be used to verify a victim's allegation without sufficient grounds for suspecting that the victim has given false or misleading statements. Requests for polygraph examinations from another law enforcement agency pursuant to an internal investigation must be in writing and approved by the Iowa City Police Department chief of police or designee. No polygraph examinations will be performed by ICPD staff except for ICPD or ICPD- approved purposes. A polygrapher can use their own equipment for private transactions. I'.' Submission to a polygraph examination must be a voluntary actidh~ Polygraph examinations shall not be administered without the person's writt~_fi approval. Appendix B labeled "Consent for polygraph examination and telease,ol~ information", located at the end of this policy shall be used for ~s purpo'§'e. _,,.,.~ ... ,_:r'l .~ ' No member of this agency shall be ordered to submit to a truth ve:i:ification..test such as a polygraph. Such tests may be offered by the department;!li any··;; administrative, civil or criminal matter. If a polygraph is used, the::r~sults shall be used in accordance with federal and state laws. Refusal by the ~ployee to submit to a polygraph will not form a basis for disciplinary action. Polygraph examinations for employment with the Iowa City Police Department are prohibited. Polygraph examinations for employment for other law enforcement agencies are allowed provided that the forms titled "Pre-Employment Release Polygraph" -Appendix B and "Release oflnformation for Polygraph" - Appendix C -are completed prior to the examination. Both are included at the end of this policy. 5. Officers shall not attempt to explain procedures that will be used in the examination, but shall advise the person the procedures will be explained fully by the polygraphist. The person may be advised of the following: a. The examination is voluntary. b. Results of the examination are not admissible in a court of law unless all parties agree in advance. c. Results of the polygraph examination, taken alone, do not provide substantiation for a criminal charge. 6. Should the person be late or cancel the appointment, the requesting officer shall immediately notify the polygraphist. 7. If possible, the requesting officer should report with the subject/ suspect and any other authorized persons such as attorneys, parents, or legal guardians, to the examination location and shall remain on hand until completion of the testing. The polygraphist shall be solely responsible for authorizing any person inside the examination or observation rooms. C. Conducting Polygraph Examinations 1. Only fully trained polygraphists, or intern polygraphists under their direction, are authorized to administer polygraph examinations. 2. Prior to conducting an examination, the polygraphist shall complete the form at the end of this policy, Appendix D labeled, "Polygraph Information Form". 3. The polygraphist shall make such inquiries of the person's health, medical history and/or use of medications as necessary to determine his/her ability to take the examination. Polygraph examinations shall not be conduc(~ on any person whom the examiner reasonably believes to be physically or~otiona.lly unsuitable for testing. This may include, but is not limited to, pers~!i~ with ~ ' heart conditions, women who are pregnant, and individuals taking certain:types of medication that may interfere with test results. When in dolJbt, tBf examiner may seek guidance from medical or psychological professionals as ~~thortz~ti by this agency and/or request the examinee to obtain a medical certi;ficate fF0m an approved health care provider. The polygraphist shall use the fofin at the end of this policy, Appendix E labeled, "Polygraph Unit Medical A~-s~ssment" to collect medical information. 4. The polygraphist shall not conduct a polygraph examination upon a person if it is felt for any reason that an unbiased examination cannot be given. 5. When appropriate, the polygraphist shall read Miranda rights to the subject and explain the voluntary nature of the test. 6. If requested by the person, an examination shall cease immediately. 7. Prior to the test, the polygraphist shall explain the polygraph procedure to the person and prepare him/her for the examination. 8. The polygraphist shall be responsible for preparing all questions used in the examination. Prior to the examination, each test question shall be reviewed with the person being tested. 9. The polygraphist shall independently interpret the chart tracings and render an opinion on findings that include, but is not limited to one of the following: a. Deception or response. b. No deception or significant response. c. No opinion or inconclusive. 10. The polygraphist shall determine whether a second polygraph examination is necessary and appropriate D. Equipment and Record Keeping 1. The polygraphist is responsible for the maintenance, safekeeping and integrity of the polygraph equipment. 2. The polygraphist shall provide summary activity or statistical reports as may be directed by the chief of police or his designee. 3. The polygraphist shall submit a polygraph report, together with polygraph charts and all allied papers, to records. 4. Tests and interviews should be conducted in a clean, neat environment free from audible and visual distractions. 5. The polygraphist shall only use department issued or approved eq'ttjpment to conduct an examination. ~-= :· .! ''' ... ,,~ 6. Calibration charts and/or maintenance logs shall be mainta~ned by-the polygraphist and made available for inspection when requested. by:ihe Chief of Police or their designee. ;:-. ' : 7. Calibration checks of instruments shall be conducted at least once ~r month and whenever the. instrument is moved to a different location. r,) E. Training 1. Polygraphists shall be required to successfully complete a certified course of instruction by an American Polygraph Association certified school prior to conducting any polygraph examinations. 2. Polygraphists are required to participate in professionally recognized annual in-service training. Jody Matherly, Chief of Police information (hereinafter, "CASE FACTS"), include, but are not limited to, the following: 1. Information obtained in the investigation that supports and justifies the use of the polygraph. 2. Copies of crime/offense reports and investigative reports. 3. Background information on the person to be examined, to include criminal record and possible motivation. 4. Evidence available and withheld from the person. 5. Any statements made by the person, complainant or witnesses to include alibis, newspaper articles and/or other general information concerning the case. B. CASE FACTS must be provided to the EXAMINER at least twenty-four (24) hours in advance of the examination. C. If the EXAMINEE is hearing-impaired or does not speak English, the AGENCY shall make arrangements for a sign language interpreter or translator as determined by the EXAMINER. D. If the EXAMINEE is a criminal witness or suspect, AGENCY officers must not interrogate EXAMINEE within the twenty-four (24) hour period preceding the polygraph. E. In any prior interrogation of EXAMINEE, AGENCY officers should not pursue questions that may reveal information only the perpetrator could know. This includes, but is not limited to the following: method of entry, property taken, weapons or type of force used to commit the crime, evidence left at the scene, clothing worn by the suspect during the crime, unusual acts of the suspect during the crime, or the location from which property was taken. F. AGENCY officers shall not attempt to explain procedures that will be used in the examination, but shall advise the EXAMINEE the procedures will be explained fully by the EXAMINER. The EXAMINEE may be advised of the following: 1. The examination is voluntary. ~':--~ 2. Results ofthe examination are not admissible in a court oflaw ur~lt~s al~. parties agree in advance. i"~1 3. Results of the polygraph examination, taken alone, do not provid~ t • substantiation for a criminal charge. ..r~- G. Anything required ofthe AGENCY under Paragraph II. may be waived b:y':the EXAMINER under extraordinary circumstances. · · IV. General Matters · '<' A. Should the EXAMINEE be late or cancel the appointment, the AGENCY officer shall immediately notify the EXAMINER. V. Indemnification A. AGENCY agrees to indemnify, defend and hold the ICPD, the City of Iowa City, Iowa, and their employees, officers, and agents harmless against any and all claims of any sort whatsoever arising out of the polygraph examination by EXAMINER, or the actions of the ICPD leading up to the examination of EXAMINEE. AGENCY shall furnish a certificate of insurance evidencing commercial liability insurance in the minimum amounts of $1 million each occurrence, $2 million aggregate bodily injury, and $1,000,000 aggregate property damage with contractual liability coverage included, which certificate must be satisfactory to the City. B. AGENCY insurance requirements can be waived, by the ICPD Chief of Police. Said waiver must be in writing to be effective. ODARA Item Summary Do not use without full scoring instructions as published by the MHCP Research Department, Penetanguishene, ON Canada, in collaboration with the Ontario Provincial Police Score each item 1 or 0 ? if missing (available documentation indicates that an item might be present but the information is unclear or incomplete) __ 1. Prior domestic assault (against a partner or the children) in police records __ 2. Prior nondomestic assault (against any person other than a partner or the children) in police records __ 3. Prior sentence for a term of 30 days or more __ 4. Failure on prior conditional release; bail, parole, probation, no-contact order __ 5. Threat to harm or kill anyone during index incident __ 6. Confinement of victim during index incident __ 7. Victim fears (is concerned about) future assault __ 8. More than one child altogether __ 9. Victim has a biological child from a previous partner __ 10. Violence against others (to any person other than a partner or the children) __ 11. More than one indicator of substance abuse problem: alcohol at index, drugs at index, prior drugs or alcohol, increased drugs or alcohol, more angry or violent, prior offence, alcohol problem, drug problem __ 12. Assault on the victim when she was pregnant __ 13. Victim faces at least one barrier to support: children, no phone, no access to transportation, geographical isolation, alcohol/drug consumption or problem __ Raw total (sum of items scored 1) Adjusted Score (see Table Adjusted scores for assessments with missing information) © 2005 Mental Health Center Penetanguishene, Research Department November 29,2018 Page2 conflict in the future. As noted above, staff supports the CPRB's proposal for a meeting between the CPRB and the chief. d. The independent investigator will not have the same access as the police chief does to the police officer against whom the complaint is made. Under Iowa's civil service law (Iowa Code Chapter 400) and the police officer's bill of rights (Iowa Code Chapter BOF), the police chief has the authority to discipline officers, to initiate an internal investigation into a complaint against an officer and to question the officer. An officer who invokes his 5th Amendment privilege against self- incrimination may be compelled, by threat of termination, to respond to the questions posed by the internal investigators. This is known as the Garrity/Gardner principle referred to in section 8-8-5(8)(1} of the ordinance: MPrior to Investigation of any board complaint, the police chief shall first give Garrity and Gardner advice to all police officers Implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the Investigation as a condiUon of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding.m The CPRB Is not the employer, does not have disciplinary authority, and therefore the officer cannot be compelled to answer the independent investigator's questions. See, e.g. City & County of Denver v. Powell, 969 P.2d 776 (Court App. 1998) (Public Safety Review Commission not officers' employer and cannot compel them to testify; any statements they might make would be voluntary and would, therefore, effect a waiver of their Slh Amendment rights such that their statements could be used against them in a subsequent criminal proceeding.} e. The police chief notes that It Is his job to thoroughly Investigate complaints of misconduct. If he falls at that it is his expectation he will be held accountable. Staff proposal Section 8-8-5 (8)(4) of the ordinance provides, in part: ~The city manager will participate in the interview process with the officers involved in the complaint. A review of the city manager's involvement under this provision will be done in two {2) years to ensure the practice Is producing Its Intended purpose.~ This provision was added In 2013 on the recommendation of the Ad Hoc Diversity Committee as one of several proposed changes to address the following Issue Identified by the Committee: Of those who had heard of the Pollee Citizen Review Board, a major area of concern was that the current system is structured so that the police department is policing itself. The high level of public suspicion related to the Police Citizen Review Board is such that many citizens feel that if they participate in process the outcome will prove disadvantageous to them. Diversity Committee Report to City Council, March 2013 p.4 (IP2 03-07- 13}. The city manager and city attorney had been involved in the Committee's discussions and the staff response to this recommendation was: The importance of maintaining objectivity in these cases remains a critical component of the process. City staff believes that the city manager can participate in the interviews but wishes to review this practice over time to November 29, 2018 Page3 insure the recommendation is achieving its intended purpose and the integrity of the process is maintained. Memorandum to City Council from City Manager Tom Markus dated June 11, 2013 (Agenda 6-18-131tem 15). The minutes of the Ad Hoc Diversity Committee reveal that the proposal originated from the Committee's desire to include persons outside the police department in the investigatory process. (See minutes of 11/19/2012 and 2/20/13). The provision has not been reviewed since its adoption in 2013. After participating in pollee officer Interviews for two and a half years, the city manager does not believe that the practice adds value to the process, but rather, slows it down by complicating the scheduling of interviews of officers and supervisors who often don't have many, if any, work hours that overlap with traditional business hours. Additionally, each case can require hours of preparatory work. The city manager will continue to review the outcomes of the police chiefs investigation and the CPRB's report. It is his ability to question the police department's findings and make changes in the police department - whether policy or personnel -that provides value to the process. The city manager notes that he is happy to meet with the CPRB and pollee chief if the CPRB questions the police chiefs decision. To this end, staff proposes an addition (in red) to the CPRB's proposed amendment #3: Encl. 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. If the board reqvests the city managers presence at said meetins the city manaser will also attend. Such meeting shall take place prior to the issuance of the board's public report to the city council. Cc: Geoff Fruin, City Manager Kellie Fruehling, City Clerk for distribution to CPRB MEMORANDUM DATE: July 23,2018 TO: City of Iowa City Council FROM: Community Police Review Board Members Re: proposed revisions to Ordinance 8-8 *************************************************************************************** The members of the CPRB request that the City Council consider adopting the following proposed revisions to the CPRB ordinance. (Suggested additions are shown in bold and underline.) 1. 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. 2. 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. 1 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 (8)(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 (8)(3) of SECTION 8-8-7 shall be re-numbered as subparagraph (8)(5). 7. The following sentence shall be added to the end of newly re-numbered subparagraph (8)(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 manager. 8. Subparagraph (B)(4) of SECTION 8-8-7 shall be re-numbered as subparagraph (8)(6). 9. Subparagraph (8)(5) of SECTION 8-8-7 shall be re-numbered as subparagraph (8)(7). 10. Subparagraph (8)(6) of SECTION 8-8-7 shall be re-numbered as subparagraph (B)(8). 11. The following shall be inserted as new subparagraph (8)(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 days after the issuance of the board's public report. The city council may grant requests for extensions to this deadline upon good cause shown. 2 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 complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or 11not sustained". The independent investigator's public report shall not include the names of the complainant(s) or the police officer(s). 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 complainant(s), the police officer(s), 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 appropriatt: 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 Updated 11114118 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City lA 52240-1826 (319)356-5043 Donald King, Chair Term: July 1, 2015-June 30,2019 542 Foster Rd Iowa City, lA 52245 (C) 319-594-7660 gohawkeyes54@yahoo.com Monigue Galpin, Vice Chair Term: July 1, 2016-June 30, 2020 1104 Muscatine Ave Iowa City, lA 52240-5500 (c) 319-936-5064 monique-qalpin@uiowa.edu Orville Townsend, Sr. Term: July 1, 2016-June 30, 2020 713 Whiting Ave Iowa City, lA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orville.townsend@ g.com David Selmer Term: July 1, 2017-June 30, 2021 403 Boyd Ct Iowa City, lA 52245 (C) 319-331-9956 david@sustainablelandscapesolutions.org Latisha McDaniel Term: July 1, 2017-June 30, 2021 331 Willow Wind Place Iowa City, lA 52246 (C) 214-682-3014 brufanegra@qmail.com Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, lA 52240-1601 (0) 319-338-7551 (C) 319-430-1549 ford@lefflaw.com City Legal -Sue Dulek 319-356-5030 Sue-dulek@iowa-city.org Police Chief-Jody Matherly 319-356-5271 Jody-matherly@iowa-city.org Equity Director -Stefanie Bowers 319-356-5022 Stefanie-bowers@iowa-city.org CPRB Staff-Chris Olney 319-356-5043 Christine-olney@iowa-city.org City Clerk-Kellie Frueh ling 319-356-5041 Kellie-frueli ng@iowa-citv.org Updated 11114118 Date 11-14-18 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS November 2018 Description Phone call regarding complaint options. December 11,2018 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #18-02 Filed: Chief's report due (90 days): Chief's report filed: CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB meeting #3 (Review): CPRB report due (90 days): 09/27/18 12/26/18 ??/??/18 ??/??/19 ??/??/19 ??/??/19 03/26/19 TENTATIVE MEETING SCHEDULE January 8, 2019 February 12, 2019 March 12,2019 April 9, 2019