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HomeMy WebLinkAbout12-11-2018 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: December 5, 2018 TO: CPRB Members FROM: Chris Olney 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 12/1 V18 • 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 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 Ifyou wild 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. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — November 13, 2018 CALL TO ORDER: Chair Orville Townsend called the meeting to order at 5:30 P.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 111' 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, 410, McDaniel absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Galpin and seconded by Selmer to nominate King for Chair. Motion carried, 410, 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, 410, 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 Townsend and seconded by King to select Galpin for Vice -Chair Motion carded, 410, McDaniel absent CPRB Nov 13, 2018 Page 2 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 In story/background shows that the review process is extensive and follows the CALEA'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 fsubiect to channel • December 11, 2018, 5:30 PM, Helling Conference Rm • January 8, 2019, 5:30 PM, Helling Conference Rm • February 12, 2019, 5:30 PM, Helling Conference Rm • March 12, 2019, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by King, seconded by Selmer. Motion Carried, 410, McDaniel absent. Meeting adjourned at 5:53 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2017-2018 QMAeeting Date TERM 11/14 1217 1/911A 2113118 3119n8 4/17118 4MI111 VMS 1112111 7ILVII g121n8 11111119 11119119 11/13/18 NAME EXP• ooneld 7J1119 X X O X X X X X X X X X O X King Monique 711120 X X X X X X X X X X X X X X Galpin Orville 711/20 X X X X X X X X X X X. X X X Townsend Latishe 711121 -- - -- -- ---- -- - - -- X O McDaniel Royceean 711121 — X O/E X 01E X O/E -- - - - -- Porter David 711111 041 X X x X X X X X X 0 X O X Selmer I KEY; X = Present 0 = Absent O/E = Absent/Excused NM = No meeting — = Not a Member OPS-14.1 �A CITY 041O4yq ` n U f57. t s11 • POLICE Original Date of Issue General Order Number October 8, 1999 99-10 Effective Date of Reissue Section Code November 5, 201$ 1 OPS-14 Reevaluation Date Amends November 2019 C.A.L. E.A. Reference 1.2.7. 55.1.1. 55.1.3. 55.2.3 (see "INDEX AS:") INDEX AS: Domestic Abuse Domestic Violence Domestic Violence Reports Domestics No Contact Orders Protective Orders I. PURPOSE FILED Nov 11261 City Clerk Iowa City. Iowa The purpose of this General Order is to establish policy and procedures for officers in response to all domestic violence or domestic abuse calls reported to the Iowa City Police Department. Officers shall be expected to do the following: • Afford protection and support to adult and child victims of domestic violence. • Promote the safety of law enforcement personnel responding to incidents of domestic violence. • Establish arrest and prosecution as a preferred means of police response. • Complete thorough investigations and effect arrest of the primary physical aggressor upon the establishment of probable cause. • Officers should not arrest a person who acted in self-defense as defined by Iowa Code Section 704.3. CIPs-14.2 • Take appropriate action for any violation of any permanent, temporary, or emergency orders of protection. • Provide victims or witnesses of domestic violence with support and assistance through cooperative efforts with community stakeholders in order to prevent further abuse and harassment or both. If. POLICY It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest approach in responding to domestic violence. The primary focus shall be on the safety of the victim, officers, and others in proximity of the crime, followed closely by perpetrator accountability. The law enforcement officer should follow all policies and procedures of this agency to complete a thorough investigation and analysis of the complaint with the goal of arresting the person(s) committing an act of domestic violence and who were not acting in self-defense. III. DEFINITIONS Nov 13 7M A. "Domestic abuse assault' means an assault, as defined in Iowa Ce114`�ection 708.1, which is domestic abuse as defined in section 238.2, stibse'Liidn 2, paragraph "a", "b", °c", or "d B. Iowa Code Chapter 236.2: 2. "Domestic abuse" means committing assault as defined in section 708.1 under any of the following circumstances: a) The assault is between family or household members who resided together at the time of the assault. b) The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault. c) The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time. d) The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault. e) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors: The duration of the relationship. The frequency of interaction. Whether the relationship has been terminated. 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 a reaswable inquiry of the victim and other witnesses, if any, the officer has probable cause to believe the assault: b) Resulted in a bodily injury c) Was committed with intent to inflict a serious injury d) Involved the use or display of a dangerous weapon in connection with the assault e) Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim. f) Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim and causing bodily injury. See Iowa Code Section 236.12(2) paragraphs "b", "c", "d", "e", and "f'. Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, otherwise stated predominant aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. The officer's identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely on the absence of visible indications of injury or impairment. A. Discretionary Arrest: Officers may, with or without a warrant, arrest a person for domestic abuse assault where an assault has been committed which did not result in any injury to the victim. OPS-14.4 F. Pro Arrest Response: The expectation that officers shall arrest a person unless there is a clear and compelling reason not to arrest (such as a self- defense determination or lack of probable cause). Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall arrest offenders in cases of domestic assault not resulting in injury to the victim unless all of the following conditions are met: a. The offender believed the victim has suffered no injury b. There is no indication further abuse will take place c. No weapons were used or displayed d. The circumstances of the case suggest that neither justice nor domestic abuse prevention would be served by an arrest, and e. The decision not to arrest is reviewed and approved by a supervisor on duty. IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Officer Approaching the Scene B. LE Officer Responsibility at the Scene C. Enforcement of No -Contact / Protective Orders D. Written Reporting bpy 15 It) i E. Notification of Rights F. Follow-up Investigation 1 Domestic Violence Investigator C G, Victim Safety and Protection H. Hostage Situations I, Officer Training J. Officers Charged with Domestic Abuse A. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach. Two officers should be dispatched to any domestic call -three officers' is preferred. 2 Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriff's department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. B. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a tali for assistance at the scene of a domestic abuse Incident, they shall., 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 comma nderisu pe rvisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspeqthat a felony is occurring, has just occurred, or that a life is In dahger� In evaluating the need for forced entry, the officer (s) mu c nsider the degree of urgency versus requesting a warrant, the possi HInger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstande§ analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and otherwitnesses. 10.Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed, Identifying the primary physical aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12.If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either 1 FILE! NOV 13 Jule City Clerk ;owa City, 14w�- OPS-14.7 If an officer has probable cause to believe that a person has violated a no - contact / protective order and the officer is unable to arrest the person, the officer shall issue a warrant of arrest as soon as possible and before the end of the duty day, D. WRITTEN REPORTING 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 or potential risk to the victim, their family, or the public are reported to the police department, i Written reports should be factual, speck and clear so as to pres ai that portrayal of the domestic abuse incident. Written documentation that 11 be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations, In instances where there is a no locate, or the call was incorrectly classified as a 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-14.8 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 NUv I Zd1q 8. Weapons used 9. Whether a 9-1-1 call was received ;; 4 10.Documentation of injuries of all parties injured 11.If alcohol is involved, the result of any PBT given to the suspect and victim 12. Whether they received medical treatment 13.An indication of whether the victim was presented their rights 14. Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15.If the officer is aware of pending domestic charges, note that fact in the narrative 16. If the in -car or body -cam recording system was activated If the victim suffered restriction of the airway or blood flow during the assault, an officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation Supplemental Report." E. NOTIFICATION OF RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and 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,s 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 anNoysive partner. The designated principal contact shall assist the victim and children in safety planning and caution the victim to be aler(,to 'stalking activities. 4. If an officer suspects intimidation or coercion of the victim/witness is occurring, the officer shall prepare a written report to be delivered immediately to the investigator in charge of the case through the chain of command. a. In order to determine whether the victim/witness is being intimidated or coerced, the investigator in charge shall seek out secondary sources of information. b. Given the possibility that a victim will recant or choose not to participate in court proceedings, supplemental evidence shall be sought out and preserved. H. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call. Special Response Team (SRT) and/or Crisis Negotiation Team (CNT) protocol and personnel may determine this strategy. I. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Department will routinely offer training in regard to 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 ! supervisor will be immediately notified. If the person arrested ! suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department, Additionally, the watch commander I supervisor shall be notified if any other employee oi the Iowa City Police Department is arrested for domestic abuse. Following any` -of these notifications, the appropriate division commander will be contacted. NOY In the event that any officer or employee of the Iowa City Police rDepartment 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 Mathedy, 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. REDLINE VERSION Red highlights are deletions Green highlights are additions IOWA CITY O f 10 Lyq � • yl • POLICE Original Date of Issue General Order Number Effective Date of Reissue Section Code November 5, 2018 1 OPS-14 Reevaluation Date Amends November 2019 C.A.L.E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 {see "INDEX AS:" INDEX AS: Domestic Abuse Domestic Violence Domestic Violence Reports Domestics No Contact Orders Protective Orders f. PURPOSE OPS-14.1 F:lLFV go 1aims Clty Oerlt Iowa City, Iowa The purpose of this General Order is to establish policy and procedures for officers in response to all domestic violence or domestic abuse calls reported to the Iowa City Police Department. Officers shall be expected to do the following: • Afford protection and support to adult and child victims of domestic violence. • Promote the safety of law enforcement personnel responding to incidents of domestic violence. • Establish arrest and prosecution as a preferred means of police response. • Complete thorough investigations and effect arrest of the primary physical aggressor upon the establishment of probable cause. • Officers should not arrest a person who acted in self-defense as defined by Iowa Code Section 704.3. OPS-14.2 • Take appropriate action for any violation of any permanent, temporary, or emergency orders of protection. • Provide victims or witnesses of domestic violence with support and assistance through cooperative efforts with community stakeholders in order to prevent further abuse and harassment or both. II. POLICY It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest approach in responding to domestic violence. The primary focus shall be on the safety of the victim, officers, and others in proximity of the crime, followed closely by perpetrator accountability. The law enforcement officer should follow all policies and procedures of this agency to complete a thorough investigation and analysis of the complaint with the goal of arresting the person(s) committing an act of domestic violence and who were not acting in self-defense. III. DEFINITIONS NOI� l G 7I118 A. 'Domestic abuse assautf' means an assault, as defined in Iowa Code Section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph "a","b", "c", or "A". B Iowa Code Chapter 236.2: 2. "Domestic abuse" means committing assault as defined in section 708.1 under any of the following circumstances: a) The assault is between family or household members who resided together at the time of the assault. b) The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault. c) The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time. d) The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault. 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 Nr d) Involved the use or display of a dangerous weapon in connection with the assault e) Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim. f) Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim and causing bodily injury. See Iowa Code Section 236.12(2) paragraphs "b", "c", "d", "e", and "f'. Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, otherwise stated predominant aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. The officer's identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely on the absence of visible indications of injury or impairment. A. Discretionary Arrest: Officers may, with or without a warrant, arrest a person for domestic abuse assault where an assault has been committed which did not result in any injury to the victim. OPS-14.4 F. Pro -Arrest Response: The expectation that officers shall arrest a person unless there is a clear and compelling reason not to arrest (such as a self- defense determination or lack of probable cause). Notwithstanding the provisions of Iowa Code Chapter 236.12. officers shall arrest offenders in cases of domestic assault not resulting in injury to the victim unless all of the following conditions are met: a. The offender believed the victim has suffered no injury b. There is no indication further abuse will take place c. No weapons were used or displayed d. The circumstances of the case suggest that neither justice nor domestic abuse prevention would be served by an arrest, and e. The decision not to arrest is reviewed and approved by a supervisor on duty. IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Officer Approaching the Scene B. Officer Responsibility at the Scene NOV C. Enforcement of No -Contact / Protective Orders li 1Qlri D. Written Reporting E. Notification of Rights F. Follow-up Investigation ! Domestic Violence Investigator G. Victim Safety and Protection H. Hostage Situations k Officer Training J. Officers Charged with Domestic Abuse A. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach. Two officers should be dispatched to any domestic call -three officers' is preferred. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene- B. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a domestic abuse Incident, they shall: 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 exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/Q) 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 twVi6, p) a hours of an incident without a warrant. (See Iowa Code Section 236,11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following Interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary physical aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either! OPS-14.6 both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13.If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14, Collect and record evidence, including torn clothing, broken objects, etc. 15. Photograph the following: a. Victim in a full body picture (front and back). 1,7i i b. Victim's specific injury(s). ik c. Children. d. Scene, including broken objects, weapons, general disarray, etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. 16. When an arrest causes a chiid(ren) to be without responsible adult supervision, Department of Human Services shall be contacted immediately. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. C, ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS Violation of a no -contact order or protective order shall be vigorously enforced. If an officer has reason to believe that domestic abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four hour dispatcher to inquire if any prior orders exist. If an officer has probable cause to believe that a person has violated a no - contact / protective order the officer shall arrest the person, OPS-14.7 If an officer has probable cause to believe that a person has violated a no - contact / protective order and the officer is unable to arrest the person, the officer shall issue a warrant of arrest as soon as possible and before the end of the duty day. D. WRITTEN REPORTING Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident, Written documentation that w� e made as a result of a domestic abuse arrest are the complaint and affidavi ,/a; Gf� supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at. a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the Department's domestic abuse investigator. Reports will, at a minimum, contain narratives which will include the following information: 1. Full names of parties involved, including dates of birth of the suspect and victim 2. Address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 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. If alcohol is involved, the result of any PBT given to the suspect and victim 12. Whether they received medical treatment 13. An indication of whether the victim was presented their rights 14. Excited utterances should be recorded in quotation marks_ Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim fin?' I E' 15.If the officer is aware of pending domestic charges, note that 0 in the narrative 16. If the in -car or body -cam recording system was activated If the victim suffered restriction of the airway or blood flow during the assault, an officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation Supplemental Report." 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-44.9 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 P,I R 1. Officers shall work with community resources and advocacy %pncies to connect victims and their children with appropriate services. „A 2. The officer designated as principal contact for the victim, shall. inform die victim of confidentiality policies and their limitations, and ensure that confidentiality is maintained throughout the case. 3. All officers shall be aware of possible victim/witness intimidation or coercion and the increased danger when the victim leaves an abusive partner. The designated principal contact shall assist the victim and children in safety planning and caution the victim to be alert to stalking activities. 4. If an officer suspects intimidation or coercion of the victim/witness is occurring, the officer shall prepare a written report to be delivered immediately to the investigator in charge of the case through the chain of command. a. In order to determine whether the victim/witness is being intimidated or coerced, the investigator in charge shall seek out secondary sources of information. b. Given the possibility that a victim will recant or choose not to participate in court proceedings, supplemental evidence shall be sought out and preserved. H. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call_ Special Response Team (SRT) and/or Crisis Negotiation Team (CNT) protocol and personnel may determine this strategy. 1. 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 1 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 Conceming application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer of this or any other law enforcement agency, in or out-of-state, is identified as a suspect, the watch commander / supervisor will be immediately, notified. If the person arrested 1 suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department_ Additionally, the :watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. Jody Matheriy, 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-14.11 SAE LEG-05.1 OFF=DUTY CONDUCT: POWERS OF ARREST Original Date of Issue General Order Number July 21, 2000 00-05 Effective Date of Reissue Section Code August 3, 2017 1 LEG-05 Reevaluation Date Amends August 2018 C.A.L.E.A. Reference 1.2.5, 1.2.6, 1.2.7 (see `INDEX AS;") INDEX AS: NOV 1 6 ?air Use of Force Weapons Arrests I. PURPOSE The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for affecting an off -duty arrest. 11. POLICY Off -duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may =ead to unnecessary injuries to off -duty officers, and confusion forthose on -duty officers arriving at the scene_ In order to promote safety and efficiency, it is the policy of the Iowa City Police Departmentto determine and regulate those situations and locations within which a sworn member is permitted to affect an arrest while off -duty. LEG-fl5.2 III. 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 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 of the Iowa City Police Department. B. Permitted Off -Duty Arrests NU r i G 'rfliH When off -duty and within the legal jurisdiction of the City of Iowa City, an officer may make an arrest only when. There is an immediate need to prevent a crime or apprehend a suspect; and 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 Resr)onsibilities 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 LEG-05.3 respond to the situation where an off -duty officer becomes aware of such violations and believes police intervention is necessary. 3. Where an arrest is necessary, the off -duty -arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off -Duty Arrests: When off -duty, an officer shall not make an arrest: When the arresting officer is personally involved in the incident underlying the arrest and the handling by on -duty personnel is reasonable or 2. When engaged in off -duty employment of a non -police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carving of Weapons Officers are prohibited from carrying off -duly weapons when *0 dffic Il has consumed alcoholic or intoxicating beverages. Officers are prohibited from carrying off -duty weapons when they expect to consume any alcoholic or intoxicating beverage regardless of amount. 2. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. F. Probationary Officers Probationary police officers training in Steps 1 through 4 of the Field Training and Evaluation Process shall not carry a firearm while off -duty unless they meet all the following criteria: a. Were hired directly from another law enforcement agency and had successfully completed the probationary period at that agency. b. They possess a valid Iowa Non -Professional Permit to Carry. c. They have qualified with that specific firearm with an ;LEA Certified Firearms Instructor within the past year. LEG-05.4 2. Probationary police officers training in Steps I through 4 of the Field Training and Evaluation Process should not take official action or make an arrest while off duty unless it is to protect the life of another. G. Review of Off -Duty Arrests Any officer conducting an off -duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on -duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest for review. Jody Matherly, Chief of Police Null I (i ?Are. 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. REDLINE VERSION Red highlights are deletions Green highlights are additions OFF -DUTY CONDUCT: POWERS OF ARREST Original Date of Issue General Order Number July 21, 2000 00-05 Effective Date of Reissue Section Code August 3, 2017 1 LEG-05 Reevaluation Date Amends August 2018 C-A-LEA. Reference 1.2.5, 1.2.6, 1.2.7 1 (see "INDEX AS:") INDEX AS: LEG-05.1 Use of Force Weapons NUV i ii wh Arrests I. PURPOSE The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for affecting an off -duty arrest. 11. POLICY Off -duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off -duty officers, and confusion for those on -duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to affect an arrest while off -duty. LEG-05.2 III. 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 -duly personnel to handle. IV. PROCEDURES A. Liability Protection 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 of the Iowa City Police Department. B. Permitted Off -Duty Arrests When off -duty and within the legal jurisdiction of the City' It7Wdety, an officer may make an arrest only when: There is an immediate need to prevent a crime or apprehend a suspect,, and 2. The crime would require a full custodial arrest; and The arresting officer has in his/her possession, appropriate police identification. 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 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 LEG-Q5.3 respond to the situation where an off -duty officer becomes aware of such violations and believes police intervention is necessary. 3. Where an arrest is necessary, the off -duty -arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off -Duty Arrests: When off -duty, an officer shall not make an arrest: When the arresting officer is personally involved in the incident underlying the arrest and the handling by on -duty personnel is reasonable or 2. When engaged in off -duty employment of a non -police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrying of Weapons Officers are prohibited from carrying off -duty weapons when the officer has consumed alcoholic or intoxicating beverages. Officers are prohibited from carrying off -duty weapons when they expect to consume "alcoholic or intoxicating beve�gg , 7(tlH regardless of amount. 2. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. LEG-05.4 G. Review of Off -Duty Arrests Any officer conducting an off -duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on -duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest for review. 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. ADM-03.1 PERSONAL APPEARANCE AND UNIFORM REGULATIONS Original Date of Issue General Order Number May 23, 1994 90-03 Effective Date of Reissue Section Code November 9, 2018 1 ADM-03 Reevaluation Date Amends November 2021 C.A.L.E.A. Reference 12.2.1g; 17.5.2 (see `INDEX AS:") INDEX AS: Ammunition Specifications yp„ Care of Uniform Clothing and Equipment Leather Goods Classification Personal Appearance Replacement and Maintenance of Uniforms Wearing of the Uniform PURPOSE: The purpose of this order is to establish the standards of uniform dress and authorized equipment forsworn officers and uniformed civilian personnel. ADM-03.2 [. POLICY - UNIFORM REGULATIONS A. All sworn and uniformed civilian personnel of the Iowa City Police Department are governed by this order. B. All sworn and uniformed civilian personnel, while on duty, shall wear the pre- scribed uniform, except; 1. When traveling to and from work (optional). 2. When on special assignment and authorized by a commanding officer. 3. When making a court appearance, outside of regular duty (optional). 4. When making public appearances and authorized by a commanding officer. 5. When assigned to Criminal Investigation's Section (Criminal Investiga- tion Section supervisors and Investigators) unless otherwise directed by the Division Commander or the Chief of Police. C. All sergeants and watch commanders shall wear the prescribed uniform while on duty, except as noted in (B) above. D. Uniforms, when wom, shall be neat, clean, and well pressed. Shoes, leather, and brass shall be polished. E. All officers assigned to plainclothes duties shall carry the issued badge case with shield while on duty. In the case of an emergency situation, planned raid, etc., the shield will be displayed in a prominent place for identification II. UNIFORM All uniforms will be approved and issued by the Department_ No substitutions, changes or variations may be worn unless approved prior by the Chief of Police. Uniforms will be classified as "Summer," "Summer Optional," "Winter" and "Class A". A. Patrol Officer & Semeant 1. Dark navy shirt 2. Dark navy trousers, and 3. T-shirt blue/black or white (summer) 4. Dark navy outer garment Nr B. Watch Commander. Captain. Chief of Police 1. Dark navy shirt 2. Dark navy trousers, and 3. T-shirt dark navy/black or white 4. Dark navy outer garment C. Community Service Officers/Community Outreach Assistant 1. Light blue shirt 2. Dark navy trousers 3. T-shirt dark navy/black or white (summer) 4. Dark navy outer garment ADM-03.3 D. Stationmasters 1. Light blue shirt 2. Dark navy trousers 3. Sweater E. Records 1. Department issued polo shirt (summer), Department issued long - sleeve shirt (winter) 2. Tan trousers -summer, black trousers -winter F Animal Services Personnel 1. Light brown shirts - long -sleeve and short -sleeve 2. Dark brown trousers 3. Dark brown/white turtleneck/dickey (winter) 4. T-shirt tan, black or white r as 5. Dark brown outer garment Animal Services personnel other than officers are authorized to wear approved jeans or tan colored trousers along with Departmental issued t shirt and sweat -shirt. G. Department Shoulder Patches Uniformed Patrol, Community Service, Community Outreach and Animal Service officers will wear Departmental approved shoulder patches on all uniform shirt and coats. H. Class "A" Uniform The Ctass A uniform will consist of a dark navy dress blazer and matching trousers. Non -Department issued unifor n pants are not allowed. It is to be worn with the winter shirt and tie. The dress hat is a standard part of this uniform. The Class A uniform will be issued to Command Staff and worn at formal events as directed by the Chief of Police. Winter Uniform Shirt — Long sleeve dress shirt (Flying Cross or Blauer Supershirt) Undershirt — Black or white t-shirt, black mock t-shirt, black turtleneck, black mock turtleneck, black dickey (these shirts may have an exposed original manufacturer emblem on the neck that is black, gray, or white in color and no larger than 1" X 1 ") Tie — Optional navy blue (open collar with no tie is acceptable) 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 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 shinabie 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 adomment (these shoes must be all black - no other secondary or �y f accent color will be allowed on this shoe) Socks - Socks shall be black or dark navy in color and have no height requirement L. Uniform Calendar April: Winter or Summer Uniform (individual officers choice) May -September: Summer Uniform October: Winter or Summer Uniform (individual officer's choice) November -March: Winter Uniform Ill. WEARING THE UNIFORM The following regulations will apply to all Departmental personnel, while in uniform. A. Can The uniform cap will be wom 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. 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. All caps will be wom with the plastic grommets in place, not removed. The proper cap shield shall be wom 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. 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. B. Shirts 1. 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. 2. 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. 3. T-shirts When a uniform shirt is worn without a tie, turtleneck or dic*Y,_a high neck style t-shirt will be worn. V-neck T-shirts are not 1 h' authorized with the open collar shirt. The T-shirt sleeves shall not protrude below the sleeve on the short -sleeve shirt. C. 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 G. 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. 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. ur„ 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 swom 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 pocketlarea, 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 1NT11 3) Chief of Police - gold eagle or four gold stars. NOTE: Insignia will be one inch from the front edge of the shirt collar and centered between the top and bottom of the collar. [see sketched examples at end of General Order] 6. Officers receiving meritorious awards may wear the award's designated ribbon under the officer's shield on the left breast pocket. 7. No other Insignia, pins, charms, etc., may be worn on the uniform except those outlined in this General Order, unless express permission of the Chief of Police has been obtained. Jewelry For sworn officers, CSOs, Community Outreach Assistants, and Animal Service Officers the only jewelry which may be visible while on du*As.a watch, conservative rings, and a tie clasp/tack. Specifically forbidden'are items such as earrings, facial jewelry, necklaces, bracelets, and other items which may be considered unsafe when in a scuffle. Other non -swam employees may wear visible jewelry, as long as it is conservative and does not interfere with assigned duties. I. MEQUIPMENT A. Protective Body Armor All sworn Iowa City Officers will be furnished body armor designed to be worn under the uniform shirt. Special assignments such as investigations may be issued external carriers. Body armor will be maintained and replaced utilizing standards recommended through the National Institute of Justice. Patrol Officers are required to wear their body armor at all times while on duty. All other officers should have their body armor readily available while on -duty. The exception to this would be that officers assigned bicycle duty do not need to carry their body armor on their bicycle when high temperatures allow them the choice not to wear body armor. The wearing any other body armor must be approved by the Chief of Police. B. Ammunition All sworn personnel shall be issued ammunition. No other ammunition, except Department approved, will be carried while on duty. C. Weapon While on duty, all sworn personnel shall carry a Department issued sidearm weapon. The make, barrel length and type of weapon shall be designated by the Chief of Police. D. Handcuffs One pair of handcuffs is issued by the Police Department. An officer may carry an extra pair of his/her own, if so desired, in a case issued by the Department. ADM-03.9 E. Pen Personal preference, but with black or blue ink. F. Watch Personal preference, but capable of keeping accurate time. G. Flashlight As furnished by the Department. H. Asp As furnished by the Department. Traffic Whistle As approved by the Department. II. V. LEATHER GOODS All leather goods, except jackets, shoes, and boots, worn by uniformed sworn and uniformed civilian personnel, will have the black, basket weave design. All leather goods shall be kept clean, in good repair, and will be polished at all times. Certain specialized unitsMetails may be exempted as determined by their supervisor (example: Color/Honor Guard). For regulation wear, the following leather items are approved and required: A. Belts 1. The 2-14' wide utility belt will be the main outer belt worn by all uniformed sworn personnel, below the rank of Captain, for street use. The prescribed 1-1/2" to 1-314" trouser belt shall be worn under the utility belt, a. Uniformed sworn personnel may wear a concealed duty belt suspension system at their own expense after obtaining written permission approved by the Chief of Police. B. Holster 1. Officers will be issued holsters compatible with the type of weapon they are issued. Any other holster (shoulder, etc.) used while on duty must be authorized by the Division Commander. 2. An altemate holster may be worn by officers assigned to office duty if authorized by the Chief of Police. 3. While on duty, sidearms will be carried by plainclothes officers in an authorized and approved holster. C. Magazine Pouch The magazine pouch is to be worn on the belt and readily accessible. ADNi-03.10 D. OC Holder The OC holder containing the Department authorized canister of OC is to be worn on the opposite side from the holster. E. Handcuff Case The handcuff case Is to be worn on the belt and readily accessible. F. ASP Carrier If worn, the ASP carrier or scabbard is to be carried in a readily accessible position. G. Portable Radio Holder The portable radio holder is to be worn on the opposite side from the holster. H. Flashlight Holder The flashlight holder is to be worn on the belt in a readily accessible position. Belt Keepers A minimum of four belt keepers will be worn. Two keepers will be worn in the front, one to the left and one to the right. A keeper shall be worn between the holster and asp carrier. The two remaining keepers will be worn positioned to the comer of the rear trousers pocket, on each side left and right. All belt keepers will be worn attached around the utility and trouser belt. Officers wearing Department issued duty -belt systems not requiring keepers need not wear keepers. VI. SPECIAL ASSIGNMENTS 1 NEED Uniforms and equipment needed outside of the general issue for special assignments/needs (examples: Bicycle Patrol, Walking Patrol, SCAT, SRT, and Pregnancy) will be issued and replaced as directed by the Chief of Police. VII. CARE AND REPLACEMENT OF ISSUED POLICE EQUIPMENT All Departmental employees are responsible for the care and maintenance of their issued uniforms and equipment. Should any items become worn or damaged, a request for replacement is to be made with the Captain of Administrative Services. When approved, the damaged or worn item will be turned in as an exchange. ADM-03.11 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. � �F ADM-03.12 Sketch Examples - Chief Alternate for Chief: ,B '0M EDGE Captain and Lieutenant REDLINE VERSION Red highlights are deletions Green highlights are additions ADM-03.1 PERSONAL APPEARANCE AND UNIFORM REGULATIONS Original Date of Issue General Order Number May 23, 1994 90-03 Effective Date of Reissue Section Code November 9, 2018 I ADM-03 Reevaluation Date Amends November 2021 C.A.L.E.A. Reference 12.2.1g; 17.5.2 (see "INDEX AS:" ) INDEX AS: Ammunition Specifications Care of Uniform Clothing and Equipment Leather Goods Classification Personal Appearance Replacement and Maintenance of Uniforms Wearing of the Uniform PURPOSE: The purpose of this order is to establish the standards of uniform dress and authorized equipment for sworn officers and uniformed civilian personnel. ADM-03.2 I. POLICY - UNIFORM REGULATIONS A. All swom and uniformed civilian personnel of the Iowa City Police Department are governed by this order. B. All sworn and uniformed civilian personnel, while on duty, shall wear the pre- scribed uniform, except; 1. When traveling to and from work (optional). 2. When on special assignment and authorized by a commanding officer. 3. When making a court appearance, outside of regular duty (optional). 4, When making public appearances and authorized by a commanding officer. 5. When assigned to Criminal Investigation's Section (Criminal Investiga- tion Section supervisors and Investigators) unless otherwise directed by the Division Commander or the Chief of Police- C. All sergeants and watch commanders shall wear the prescribed uniform while on duty, except as noted in (B) above. D. Uniforms, when worn, shall be neat, clean, and well pressed. Shoes,) ather, and brass shall be polished. ��y� E. All officers assigned to plainclothes duties shall carry the issued badge ca5p with shield while on duty. in the case of an emergency situaboM;;planned raid, etc., the shield will be displayed in a prominent place for identification !I. UNIFORM All uniforms will be approved and issued by the Department. No substitutions, changes or variations may be worn unless approved prior by the Chief of Police. Uniforms will be classified as "Summer," "Summer Optional," "Winter" and "Class X. A. Patrol Officer & Seraeant 1. Dark navy shirt 2. Dark navy trousers, and 3. 4. T-shirt blue/black or white 5. Dark navy outer garment B. Watch Commander, Caotain. Chief of Police 1. Dark navy shirt 2. Dark navy trousers, and 3. 4. T-shirt dark navy/black or white 5. Dark navy outer garment C. Community Service Office WAssistant 1. Light blue shirt 2. Dark navy trousers 3. 4. T-shirt dark navy/black or white (summer) 5. Dark navy outer garment 11S D. Stationmasters 1. Light blue shirt 2. Dark navy trousers 3. Sweater E. Records 1. Department issued polo shirt (summer), Department issued long - sleeve shirt (winter) 2. Tan trousers -summer, black trousers -winter F. Animal Services Personnel 1. Light brown shirts - long -sleeve and short -sleeve 2. Dark brown trousers 3. Dark brown/white turtleneck/dickey (winter) 4. T-shirt tan, black or white 5. Dark brown outer garment Animal Services personnel other than officers are authorized to wear approved jeans or tan colored trousers along with Departmental issued t- shirt and sweat -shirt. G. Department Shoulder Patches Uniformed Patrol, Community Service, and Animal Service officers will wear Departmental approved shoulder patches on all uniform shirt and coats. H. Class A" Uniform The Class A uniform will consist of a dark navy dress blazer and matching trousers. It is to be worn with the winter shirt and tie. The dress hat is a standard part of this uniform. The Class A uniform will be issued to Command Staff and worn at formal events as directed by the Chief of Police. ADM-03.4 ADM-D3.5 Shorts Option for S Shorts — Department is Jul a st 4nl r rcl ctf the ! ed or October: Winter or November — March: Summer Optional Uniform ("Hot Weather Uniform") 1. The Summer Optional Uniform is an approved uniform for specific assignments, duties, or missions at the discretion of the individual Patrol Officer or Community Service Officers when approved by the on -duty supervisor. Wearing of the Summer Optional Uniform for general patrol duties may be allowed during periods of extreme heat (forecasted temperatures greater than or equal to 85'F) when approved by the on -duty Patrol Supervisor, a Captain, or the Chief. Z. The purpose of wearing the Summer Optional Uniform is to provide relief to officers should the climatic conditions warrant The Summer Optional Uniform will consist of a Department issued short - sleeve polo shirt with the ICPD badge embroidered on the left chest (Patrol Officers only) or the short -sleeve Summer uniform shirt (Community Service Officers only), Department issued uniform shorts. Department approved footwear no more than six inches in height and black socks which extend no more than two inches above the shoes/boots. If the officer chooses to wear a uniform hat, the hat to be worn is the Department approved black hat with gold lettering that says "IOWA CITY POLICE," 3- The intermixing of summer and winter uniforms with the hot weather uniform will not be allowed. Officers may wear rain gear with the Summer Optional Uniform but may not wear a winterjacketicoat ADM-43.6 WEARING THE UNIFORM The following regulations will apply to all Departmental personnel, while in uniform. A. Can 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 god buttons. All personnel above the rank of patrol officer shall w6 gold cap straps and gold cap buttons. The Chief, Captains and Lieutenants are authorized to wear rank specific gold embroidery onll� the bill of the cap. 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. B. Shirts 1. 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. 2. 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. 3_ T-shirts When a uniform shirt is worn without a tie, turtleneck or dickey, a high neck style t-shirt will be wom. V-neck T-shirts are not authorized with the open collar shirt. The T-shirt sleeves shall not protrude below the sleeve on the short -sleeve shirt- C. 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. ADM-03.7 2. Trousers will be clean and pressed at all times and will not be worn 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 cover the exposed leg area when wearing trousers. 3. Socks of other color may be worn if required for a medical condition 4/1f 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 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. 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 pocketlarea. 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 InitiaUlast 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 65 follows. 1) Lieutenant - single gold bar 2) Captain - double gold bar 3) Chief of Police - gold eagle or four gold stars. NOTE: Insignia will be one inch from the front edge of the shirt collar and centered between the top and bottom of the collar. [see sketched examples at end of General Order] 6. Officers receiving meritorious awards may wear the award's designated ribbon under the officer's shield on the left breast pocket. 7. No other insignia, pins, charms, etc., may be worn on the uniform except those outlined in this General Order, unless express permission of the Chief of Police has been obtained. Jewelry For swom officers, CSOs, , and Animal Service Officers the only jewelry which may be visible while on duty is a watch, conservative rings, and a tie clasp/tack- Specifically forbidden are items such as earrings, facial jewelry, necklaces, bracelets, and other items which may be considered unsafe when in a scuffle. Other non-swom employees may wear visible jewelry, as long as it is conservative and does not interfere with assigned duties. I. IV. EQUIPMENT n Protective Body Armor - will be maintained and replaced utilizing standards recommended through the National Institute of Justice. Patrol Officers are required to wear their body armor at all times whiie on duty. All other officers should have their body armor readily available while on -duty. The exception to this would be that officers assigned bicycle duty do not need to carry, their body armor on their bicycle when hiah temperatures allow them the choice not to wear bodv armor. B. Ammunition 010I! EMS, All sworn personnel shall be issued ammunition. No other ammunition, except Department approved, will be carried while on duty. C. Weaoon While on duty, all sworn personnel shall carry a Department issued sidearm weapon_ The make, barrel length and type of weapon shall be designated by the Chief of Police. D. Handcuffs One pair of handcuffs is issued by the Police Department. An officer may carry an extra pair of his/her own, if so desired, in a case issued by the Department. E. Pen Personal preference, but with black or blue ink. F. Watch Personal preference, but capable of keeping accurate time. G. Flashlight As furnished by the Department. H. Asp As furnished by the Department. Traffic Whistle As approved by the Department. II. V. LEATHER GOODS All leather goods, except jackets, shoes, and boots, worn by uniformed sworn and uniformed civilian personnel, will have the black, basket weave design. All leather goods shall be kept clean, in good repair, and will be polished at all times. Certain specialized units/details may be exempted as determined by their supervisor (example: Color/Honor Guard). For regulation wear, the following leather items are approved and required: A. Belts 1. The 2-1/4" wide utility belt will be the main outer belt wom by all uniformed sworn personnel, below the rank of Captain, for street use. The prescribed 1-1/2" to 1-3/4" trouser belt shall be wom under the utility belt. ADM-03.10 2. Bell buckles and keeper snaps will be brass and of the Departmerfl authorized style. 3. Offlcers assigned ofCce duty will be allowed to wear aiternabv_e boo as approved by the Chief of Pow B. Holster 1. Officers will be issued holsters compatible with the type of weapon they are issued. Any other holster (shoulder, etc_) used while on duty must be authorized by the Division Commander. 2. An alternate holster may be worn by officers assigned to officq�puty if authorized by the Chief of Police. , / 3. While on duty, sidearms will be carried by plainclothes officers in an,'lrj� authorized and approved holster. C. Magazine Pouch The magazine pouch is to be worn on the belt and readily accessible. D. OC Holder The OC holder containing the Department authorized canister of OC is to be worn on the opposite side from the holster. E. Handcuff Case The handcuff case is to be worn on the belt and readily accessible. F. ASP Carrier If worn, the ASP carrier or scabbard is to be carried in a readily accessible position. C. Portable Radio Holder The portable radio holder is to be worn on the opposite side from the holster. H. Flashlight Holder The flashlight holder is to be worn on the belt in a readily accessible position. Belt Keepers A minimum of four belt keepers will be worn. Two keepers will be worn in the front, one to the left and one to the right. A keeper shall be worn between the holster and asp carrier. The two remaining keepers will be worn positioned to the comer of the rear trousers pocket, on each side left and right. All belt keepers will be worn attached around the utility and trouser belt. Officers wearing Department issued duty -belt systems not requiring keepers need not wear keepers. VI. SPECIAL ASSIGNMENTS ! NEED Uniforms and equipment needed outside of the general issue for special assignmentstneeds (examples: Bicycle Patrol, Walking Patrol, SCAT, SRT, and Pregnancy) will be issued and replaced as directed by the Chief of Police. ADM-03.11 VII. CARE AND REPLACEMENT OF ISSUED POLICE EQUIPMENT All Departmental employees are responsible for the care and maintenance of their issued uniforms and equipment. Should any items become worn or damaged, a request for replacement is to be made with the Captain of Administrative Services. When approved, the damaged or worn item will be turned in as an exchange. 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. ADM-03.12 Sketch Examples - EDGE Chief Captain and Lieutenant Alternate for Chief: SER 07.1 CHAPLAIN PROGRAM Date of Issue General Order Number July 18, 2013 13-01 Effective Date Section Code November 16, 2018 SER-07 Reevaluation Date Amends/Cancels November 2021 1 NEW C.A.L.E.A. Reference 16.4.1a; 16.4.1b; 16.4.2; 16.4.3; Chaplain; Death Notification; 22.2.7b; 55.2.6 Victim Assistance INDEX AS: 1. PURPOSE The purpose of the Chaplain Program is to offer men and women in religious communities, from a variety of faiths, who volunteer their time and talents -to officers and residents of Iowa City as spiritual leaders. II. POLICY A. The Iowa City Police Department (ICPD) will participate in a Chaplaincy Program. B. Only Chaplains approved by the ICPD Chief of Police will be used for service with the ICPD. Chaplains serving the ICPD are not sworn law enforcement officers and must adhere to the practices and conduct set forth in the ICPD Chaplain Manual. C. The Iowa City Police Department Champlain Manual (Rev. June 2018) sets forth the chaplain program in detail and is incorporated herein by reference. III. PROCEDURE SER 07.2 A. Role of the Chaplain and Chaplaincy Program 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 faw; 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 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 policiestprocedures 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. 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 OT3 g. Participate in roll -call briefings and ride-alongs to become familiar with ICPD policies and procedures. 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 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 The Department Llalson(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 by a Chaplain. The Liaison will perform all necessary tasks such as: reports to the Administration and the Senior Chaplain, correspondence within the Department, scheduling of ride -a -longs and outside speakers. The Liaison will coordinate resources and equipment upkeep fgrthe 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. SER 07.1 REDLINE VERSION Red highlights are deletions are additions CHAPLAIN PROGRAM Date of Issue General Order Number July 18, 2013 13-01 Effective Date Section Code November 26, 2014 SER-07 Reevaluation Date Amends / Cancels December 2017 NEW C.A.L.EA. Reference 16.4.1a; 16.4.1b; 16.4.2; 16.4.3; Chaplain; Death Notification; 22.2.7b; 55.2.6 Victim Assistance INDEX AS: I. PURPOSE The purpose of the Chaplain Program is to offer vowed men and women in religious communities, from a variety of faiths;,w o volunteer their time and talents as Ghaplaia;to officers and residents of Iowa City as spiritual leaders. II. POLICY A. The Iowa City Police Department (ICPD) will participate in a Chaplaincy Program. B_Only Chaplains approved by the ICPD Chief of Police will be used for service with the ICPD. Chaplains serving the ICPD are not sworn law enforcement officers and must adhere to the practices and conduct set forth in the ICPD Chaplain Manual, C. The Iowa City Police Department Champlain Manual (Rev. June 2018) sets forth the chaplain program in detail and is incorporated herein by reference. SER 07.2 III. PROCEDURE A. Role of the Chaplain and Chaplaincy Program A- 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 unless they receive an unsolicited request from a member of the department or community. 1. memhom in fines of illness hereayemen4 r.r %r 6pi.tit al wellbeing. 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. g. Participate in roll -call briefings and ride-alongs to become familiar with ICPD policies and procedures. 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 SER 07.3 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 G44ea resident, an ICPD Chaplain will provide proper identification. The . ttiFe WOM ..Ton Anl' D. Department Liaison t. 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, • 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 dissemination 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, 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 SER 07.4 respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. SER-04.1 p A CITY of lawq ■ . ■ . � � VEHICLES n U t POLICE Date of Issue General Order Number SEPTEMBER 25, 2000 00-06 Effective Date Section Code November 30, 2018 SER-04 Reevaluation Date Amends / Cancels November 2021 C.A.L.E.A. Reference 41.1.4 INDEX AS: Vehicle Operations Police Cyclist Canine CNT/Command Vehicle I. PURPOSE Community Service Officers SRT Bomb Threats The purpose of this policy is to identify operating criteria for special purpose vehicles owned and used by the department. II. POLICY It is the policy of the Iowa City Police Department to maintain special purpose vehicles. Special purpose vehicles will primarily be used for the purpose which they are designated. SER-04.2 III. 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. Canine officers assigned to the vehicle can authorize any member of the department to operate the vehicle. Operation of the Canine vehicle requires no special training. In addition to being equipped as a marked patrol vehicle, the canine vehicle shall: 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 control of the canine, as determined by the handler. 4. The canine officer is responsible for the normal upkeep and cleanliness of the canine vehicle. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. 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. 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-o4,3 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. 4. CSOs are responsible for the normal upkeep and cleanliness of CSO vehicles. 5. CSO vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. 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 POOCE. 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. S. 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 bast be served by officers on bicycles. F. Prisoner Transport / Holding Vehicle - May be used for the transpotling of prisoners or holding of prisoners until they are booked I processed at the jail or other processing center. 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 / 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 uT T.TkT P.te 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. REDLINE VERSION Red highlights are deletions Green highlights are additions SER-04.1 SPECIAL PURPOSE VEHICLES Date of Issue General Order !Number SEPTEMBER 25, 2000 00-06 Effective Date Section Code November 30, 2018 SER-04 Reevatuation Date Amends / Cancels November 2021 INDEX AS: Vehicle Operations Police Cyclist Canine I. PURPOSE Community Service Officers SRT Bomb Threats The purpose of this policy is to identify operating criteria for special purpose vehicles owned and used by the department. II. POLICY It is the policy of the Iowa City Police Department to maintain special purpose vehicles. Special purpose vehicles will primarily be used for the purpose which they are designated. I.94.Z�IT-w 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 Trans ort Van IV. PROCEDURES Uniformed Orations A, Canine Vehicle - Used to safely transport police canine and handier to and from work related duties. 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: 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. G. Contain equipment necessary for the handling and control of the canine, as determined by the handler. 4. The canine officer is responsible for the normal upkeep and cleanliness of the canine vehicle. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. 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. 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. 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. 4. CSOs are responsible for the normal upkeep and cleanliness of CSO vehicles. 5. CSO vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. L , D. Animal Control Vehicle - Used by Animal Control Officers in the performance of their assigned duties. 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. A 41:d1Zt i 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 transporting of prisoners or holding of prisoners until they are booked 1 processed at the jail or other processing center. 1. The maintenance l 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 ! female prisoners from SER-04.5 male prisoners. The vehicle will also have low maintenance seats for prisoner usage. All persons operating a motorized city vehicle SMALL have a valid Iowa Driver's License with all applicable endorsements and compiling with all applicable restrictions. 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-04.1 SEARCH AND SEIZURE Original Date of Issue General Order Number January 10, 2000 00-01 Effective Date of Reissue Section Code November 30, 2018 1 LEG-04 Reevaluation Date Amends November 2019 1 LEG-04 Previous Version (2010) C.R. LLA. Reference 1.2.4 1 (see `INDEX AS:") INDEX AS: Search Seizure Warrants Arrests Stop and Frisk I. PURPOSE - -- ID The purpose of this order is to provide members of the Iowa City Police Department -with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. II. DEFINITIONS A. Constitution of the United States of America: LEG-04.2 Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. C. Gender Expression: External characteristics and behaviors that are socially viewed as masculine, androgynous, or feminine. Gender expression is the external manifestation of one's gender identity. D. Gender Identity: A person's gender -related identity, appearance, or behavior_ This may be different from what is traditionally associated with the person's physiology or assigned gender at birth. E. Transgender Individual: A person whose gender identity differs from their assigned sex. F. Sexual Assault Nurse Examiners (SANE): Registered nurses who have completed specialized education and clinical preparation in the medical forensic care of the patient who has experienced sexual assault or abuse. III. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that "citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. LEG-04.3 B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: 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. - 1. Absent specific consent to search them officers shall only inventory closed containers left behind in the vehicle. Officers should advise the owner or operator of the options to impoundment; personal items may be retrieved from the vehicle; and if the vehicle is impounded, containers found within the _ vehicle will not be opened but stored for safekeeping as a unit unless the owner or operator directs otherwise. .' F. Search Incident to Arrest. When an arrest is made, the officer will conduct a search of the arrested person and the area M 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-04.4 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 beset forthwith clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. B. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; (4) Name of owner or occupant; (5) Geographical location of the property; (6) Map coordinates or distances from given reference points; LEG-04.5 (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 the time of issuance. (1) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a = wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained (the second signature must be from a lieutenant or higher. This would include a sergeant appointed as an Acting Watch Commander) (see Appendix 1). The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waive the requirements of the Search Warrant Checklist (I.e. obtaining blood for an ON investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the LEG-04.6 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 Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 1. 10-Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return_ 2. Pre -Surveillance: For narcotics 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-04.7 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 li) (k) Staging area discussion Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Once it has been detennined 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-04.8 8 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 promises 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 ' probable cause to detain a person. Even a warrant to search the premises and "all persons" located in the premises does not authorize the officer to search and detain .all persons" if there is no probable cause. In the execution of a search warrant the person executing the same may reasonably detain and search any person or thing in the place at the time for any of the following reasons: - 1. To protect the searcher from attack. 2. To prevent the disposal or concealment of any property subject to seizure described in the warrant. 1 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, helshe 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-04,9 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, helshe 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 00-101 SER-06. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 14 Supervisor Responsibility: Upon conclusion of the operation, the approving supervisor shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Records Section. Records will forward those documents to the Sergeant of Investigations where it shall be maintained in a secure location separate from the investigative case file. E. Return of the Search Warrant 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 th'r3 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 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-04.10 (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; (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist. (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or Firefighting personnel, animal control units, etc.; (f) All requirements regarding deconfliction are met per SOG 14-02. 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: 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) lnsure 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 (41u Amendment ) and the Iowa Constitution (Article I, Section 8), A. Iowa Code 702.23 defines strip search as follows: "Strip search" means having a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical probe of any body cavity. B. Iowa Code 702.24 defines visual strip search as follows: A "visual strip search" means having a person remove or arrange some or all of the person's clothing so as to permit a Visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person. C. A person arrested for a simple misdemeanor may be subject to a strip search and/or a visual strip search under certain conditions. D. Under Iowa Code Section 804.30, the following conditions apply: 1(a) A person arrested for a simple misdemeanor shall not be subjected to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) written authorization of the supervisor on duty is obtained. (b) A person arrested for a scheduled violation shall not be subject to either a strip search or a visual strip search unless: (a) there is probable cause to believe that the person is concealing a weapon or contraband, and (b) a search warrant is obtained. (c) A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person. 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. Officers will record the following information on either their In -Car Camera, Body - Worn Camera, or video recording devices located in the department: - The advisement and request for preference - The individual's response - Whether or not the request was granted - Reason for not granting the request, if applicable C. If the transgender individual has a preference, at least one offiper of the gender requested will conduct the search, whenever possible. Officers must take into account the reasonableness of any delay created by waiting for another officer. If the transgender individual does not specify a preference, at least one officer of the same gender as the transgender individual's gender expression will conduct the search. Example: A male officer would search a transgender man who indicates no preference for the search. When in doubt regarding any searches of a transgender individual, officers will call a supervisor to the scene prior to searching. LEG-Q4.13 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 (41 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_ ��rII�Z�iCI (APPENDIX]) 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. I 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: I I Approving Supervisor *: (Signature) Reviewed; / / Lieutenant (or higher); (Signature) Reviewed: Safety Plan Waiver 4l1 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 Met: Date Post Warrant Service 1 Leave paperwork at scene of items seized. Applicant Supervisor 2 Notification to supervisor of results, concerns and problems. Applicant Supervisor 3 Use of Force report if applicable. Applicant Supervisor 4 Return of service to the court. Applicant SupervisoF Prior to service of the search warrant, copies of the following are to be finished and on file. I Original complaint report(s). 2 All follow-up reports. 3 All intelligence reports. 4 Copy of search warrant, 5 Copy of signed Search Warrant Control Review. 6 Copy of Safety Plan. 7 Any other reports, data, relevant to the search warrant. *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations. LEG-04.15 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 / neighborhood Applicant Supervisor 2_ Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant: Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports; intelligence reports Applicant Supervisor Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks: Verification of address of target Applicant Supervisor 2. Method of entry and order of stack Applicant Supervisor 3, Exterior residence containment Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor Searchers / Interviewers Applicant Supervisor 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. LEG-04.17 CITY POLICE DEPARTMENT goIOWA OPERATIONAL PLAN DATE: INCIDENT#: CASE AGENT: SUPERVISOR: Click here to enter text. I Click here to enter text. Click here to enter text. I Click here to enter text. 1(880)308�59831 DECONFUCTION #: DECONFLICTED BY: DECONFLIC710N DATEITIME_ Click here to enter text. I Click here to enter text. Click here to enter text. TYPE OF OPERATION AND MISSION OBJECTIVE: BUY: ❑ BUYIBUST: ❑ SEARCH WARRANT: ❑ SURVEILLANCE: ❑ OTHER: ❑ Click here to enter text. Click here to enter text. SUBJECT NUMPER ONE NAME SEX RACE OOB AGE HEIGHT WEIGHT EYES HAIR Click here to enter Clic Pic I Click Click Click Click Click here Click here to SUSPECT'S ADDRESS(S) PRIMARY: Click here to enter text. ALTERNATE: Click here to enter text. SUSPECT'S VEHICLE S YEAR MAKE MODEL COLOR LIC # `STATE Click here to Click here to Click here to Click here to Click here to Click here, to enter text. enter text. enter text. enter text. enter text. enter text. CRIMINAL HISTORY REMARKS: Click here to enter text. WEAPONS: Click here to enter text. VIOLENT HISTORY: Click here to enter text. PHOTO: ❑ SEE ATTACHMENT: ❑ LOCATION(S): LEG-04.18 i Click here to enter text. 2 3 4 AGI,N IlUFFI( ej( CALL SIGN MOBILE # PAGER # Click here to enter Click here to enter Click here to enter Click here to enter text. text. text. text. VEHICLE MAKE MODEL YEAR COLOR LIC # STATE Click here to Click here Click Click here Click here Click here to enter text. enter text. to enter here to to enter to enter text. enter text, text. text. BODY WIRE I RECORDING TYPE: WORN BY. MONITORED BY: Click here to enter text. Click here to enter text. Click here to enter text. CHOOSE HOSPITAL HERE AGENT/OFFICER ID # PERSONNEL PHONE # VEHICLE ASSIGNMENT TIME I OBSERVED ` ACTIVITY BY LEG-04.19 RE➢LINE VERSION Red highlights are deletions Green highlights are additions SEARCH AND SEIZURE Original Date of Issue Genera! Order Number January 10, 2000 00-01 Effective Date of Reissue Section Code Mav 23. 2018 1 LEG-04 Reevaluation Date Amends Mav 2019 1 LEG-04 Previous Version (2010) INDEX AS: Search Seizure Warrants PURPOSE Arrests Stop and Frisk The purpose of this order is to provide members of the Iowa City Police Department, with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. II. DEFINITIONS A. Constitution of the United States of America: LEG-04.1 LEG-04.2 Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. C. Gender Expression: External characteristics and behaviors that are socially viewed as masculine, androgynous, orfeminine. Gender expression is the external manifestation of one's gender identity. D. Gender Identity: A person's gender -related identity, appearance, or behavior. This may be different from what is traditionally associated with the person's physiology or assigned gender at birth. E. Transgender Individual: A person whose gender identity differs from their assigned sex. F. Sexual Assault Nurse Examiners (SANE); Registered nurses who have completed specialized education and clinical preparation in the medical forensic care of the patient who has experienced sexual assault or abuse. III. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that "citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property maybe searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. LEG-04.3 B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Mounded Vehicles: X"E fj5ett or59ized vehicles may be conducted forpro i e. An inventory searM n dence. shMWk the driver Fs any property in the vehicle the driver wishes to retain. Itso be allowed to retrieve It. With respect to propertys should ask the driver whether there is anything osaekeeping and make a record of the response in order fa bles. If an INNIervisorfor operator of the options to Impoundment; personal Items may be the vehicle; and if the vehicle is impounded, containers found w 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: LEG-Q4.4 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) 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 beset forthwith 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 infonnant information. 13. Affidavit Preparation 1, An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; (4) Name of owner or occupant: LEG-04.5 (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 "curtitage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. (2) Motor vehicles known lobe on the premises that maybe 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 the time of issuance. (1) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained (the second signature must be from a lieutenant or higher. This would include a sergeant appointed as an Acting Watch Commander) (see Appendix t). 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-04.6 requirements of the Search Warrant Checklist (I.e_ obtaining blood for an OWI investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant on Appendix I. 4. As all search warrants have potential for violence, the officer making application will, at a minimum and prior to the execution of the warrant: (a) Check the criminal history of any person known to reside or frequent the location i.e. associates. (b) Check the address for any history of violence. (c) Prior serving the warrant, the officer making application will call the current agency responsible for providing deconfliction services. If, after completing this assessment, the officer making application discovers information that may make this a high risk warrant service, the officer will make the approving supervisor aware of the information at which point they will follow Search and Seizure Pursuant to Warrant -section G (pg. 9) to make a final determination on whether or not it meets the high risk criteria. C. Supervisory Review of Issued Search Warrant Prior To Execution Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 10-Day time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre -Surveillance: For narcotics 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-04.7 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 i!) (k) Staging area discussion 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Once it has been determined that the scene is secure, the supervisor may designate an officer to complete the search warrant process. Upon conclusion of the search, the supervisor in charge or designee is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third parry 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. Photographing Premises: Photographs should be taken of the premises both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by officers after the search. All photographs and videos taken at a search warrant are evidence and will be placed in evidence or on the video storage system at the conclusion of the search warrant. Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his/her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give notice in a manner likely to be heard by anyone present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 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: or of a vehicle other than a `, rrthy detain any person present for such time as is reasonably r cute the search warrant. If the items listed in the search warrant on the premises or vehicle, the officer may then search any pers cause to detain a person. Even a warrant to search the premts located in the premises does not authorize the officer to search ns' if there m no probable cause. I7, LEG-04.8 LEG-04.9 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, helshe may also take possession of the items so discovered. 121nventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 13 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00-10 / SER-06. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 14 Supervisor Responsibility: Upon conclusion of the operation, the approving supervisor shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to the Records Section. Records will forward those documents to the Sergeant of Investigations where it shall be maintained in a secure location separate from the investigative case file. E_ Return of the Search Warrant 1. Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the 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. Liaison with the County Attorney Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. G. High -Risk Warrant Service Operations LEG-04.10 1. Prior to the execution of a search warrant, the need for tactical support wilt 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. 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; (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-04.11 (f) All requirements regarding deconfliction are met per SOG 14-02. 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and/or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. Strip Searches Strip searches are governed by the Iowa Code in addition to the U.S. Constitution (01 Amendment ) and the Iowa Constitution (Article I, Section 8). A, Iowa Code 702.23 defines strip search as follows: "Strip search" means having a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical probe of any body cavity. B. Iowa Code 70224 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. 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 Taansgender 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 Absent exigent circumstances, before performing any level of search of transgender individuals, officers will inform them of the right to express a preference for the gender of the officer who will conduct the search. b. Officers will record the following information on either their In -Car Camera, Body - Worn Camera, or video recording devices located in the department; - The advisement and request for preference - The individual's response - Whether or not the request was granted - Reason for not granting the request, if applicable 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 (41^ Amendment) and the Iowa Constitution (Article I, Section 8) are not violated. Jody Matherly, Chief of Polioe WARNING This directive is fordepartmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEG-04.1 a (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 *- Lieutenant (or higher): Reviewed: 1 1 Reviewed: Safety Plan Waiver (Signature) (Signature) All 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 Dther: Date Post Warrant Service Leave paperwork at scene of items seized. Applicant Supervisor Notification to supervisor of results, concerns and problems. Applicant Supervisor Use of Force report if applicable. Applicant Supervisor Return of service to the court. Applicant Supervisor Prior to service of the search warrant, copies of the following are to be finished and on file. Original complaint report(s). All follow-up reports. All intelligence reports. Copy of search warrant, Copy of signed Search Warrant Control Review. Copy of Safety Plan. Any other reports, data, relevant to the search warrant. *Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations. LEG-04.15 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge. Prior to County Attorney and ,fudge's Signatures: Satellite photograph of target / neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant: Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3, Copy of search warrant Applicant Supervisor Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks: Verification of address of target Applicant Supervisor Method of entry and order of stack Applicant Supervisor Exterior residence containment Applicant Supervisor 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor Searchers / Interviewers Applicant Supervisor LEG-04.16 6. Observation and control of suspects Applicant Supervisor Communications with dispatch Applicant Supervisor Historical data of suspects Applicant Supervisor 9. Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan — copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor 12 Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service: Moved to page 1. LEG-04.17 IOWA CITY POLICEDEPARTMENT OPERATIONAL '1 l 'I GATE: INCIDENT#t CASE AGENT; SUPERVISOR: Click here to enter text. I Click here to enter text. Click here to enter text. Click hereto enter text. t18001398-39831 !?ECONFLICTION S: OECONFLIC7E0 BYE OfCOHFL3C710N OA7ITIME: Click here to enter text. Click here to enter text- Click here to enter text - TYPE OF OPERATION AND MISSI• OBJECTIVE: BUY: ❑ BUYIBUST: ❑ SEARCH WARRANT: © SURVEILLANCE: ❑ OTHER: ❑ Click here to enter text. Click here to enter text. SUBJECT NUMBER ONE NAME SEX I RACE DOB AGE HEIGHT WEIGHT EYES I HAIR Click here to enter Clic Clic Click Click Click I Click Click here Click here to SUSPECT'S ADDRESS(S) PRIMARY: Click here to enter text. ALTERNATE: Click here to enter text. SUSPECT'S VEHICLE_ S YEAR MAKE MODEL COLOR LIC # STATE Click here to Click here to Click here to Click here to Click here to Glick here to enter text. enter text. enter text. enter text- enter text. enter text. CRIMINAL HISTORY REMARKS: Click hereto enter text. WEAPONS: Click here to enter text. VIOLENT HISTORY: Click here to enter text. PHOTO: ❑ SEE ATTACHMENT: ❑ LEG-04.18 1 Click hereto enter text. 2 3 4 BUST SIGNAL(S): VERBAL VISUAL I EMERGENCY Click here to enter text. Click here to enter text. I Click here to enter text. MONITORING BODY WIRE I RECORDING TYPE: WORN BY: _ I MONITORED BY: Click here to enter text. Click here to enter text. Click here to enter text. CHOOSE HOSPITAL HERE PERSONNEL AGENTIOFFiCER ID # PHONE # VEHICLE ASSIGNMENT SURVEILLANCE NOTES TIME I OBSERVED ACTIVITY BY LEG-04.19 POLYGRAPH Date of Issue General Order Number December 4, 2019 _ - - _ 17-01 Effective Date Section Cade December 4, 2018 Reevaluation Date Amends / Cancels December 2021 C.A.L.E.A. Reference 31.5.3, 31.5.4, 31.5.5, 42.2.5 INDEX AS: Polygraph I. PURPOSE The purpose of this policy is to establish procedures for the use of polygraph equipment. II. POLICY _ The polygraph examination is a valuable investigative aid used in conjunction _ with, not a substitute for, a thorough investigation. The polygraph may be used, consistent with, this policy, to verify, corroborate or refute statements; obtain additional investigative leads; and narraw or focus criminal investigations; among other authorized purposes. n DEFINITIONS Polygraph: The polygraph is an instrument that records certain physiological changes in a person undergoing questioning in an effort to determine truth or lie. A polygraph simultaneously records a minimum of respiratory activity, skin resistance and conductivity, and cardiovascular activity. Polygraphist/Polygraph Examiner; Any person who conducts polygraph examinations for the department. This person must be a graduate of an American Polygraph Association certified school. M. PROCEDURE A. Requesting a Polygraph Examination Following approval by the Investigations Commander or their designee, officers for this department and other law enforcement agencies may request a polygraph examination from the department's authorized polygraphists. 2. Polygraph examinations maybe 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: 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. 3. A polygraph should not be used to verify a victim's allegation without s-ufficient grounds for suspecting that the victim has given false or misleading statements. 4, 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. 5. Submission to a polygraph examination must be a voluntary action Polygraph examinations shall not be administered without the person's writt6i approval. Appendix B labeled "Consent for polygraph examination and release o'f information", located at the end of this policy shall be used for this purpose. 6. No member of this agency shall be ordered to submit to a truth verification test such as a polygraph. Such tests may be offered by the department -in any administrative, civil or criminal matter. If a polygraph is used, theTesults shall be used in accordance with federal and state laws. Refusal by the employee 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. 8. Polygraph examinations for employment for other law enforcement agencies are allowed provided that the forms titled "Pre -Employment Release Polygraph" - Appendix B and "Release of Information for Polygraph" - Appendix C - are completed prior to the examination. Both are included at the end of this policy. B. Preparing for the Polygraph 1. The requesting officer is responsible for providing the polygraphist with all pertinent information concerning the case and for reviewing, clarifying or elaborating on that information as the polygraphist may deem necessary. Case facts must be provided to the polygraphist at least twenty-four (24) hours prior to the actual examination or it will not be conducted. Exceptions to the twenty- four (24) hour rule may be allowed for special incidents as defined by the criminal investigation division commander or their designee (e.g. homicides, robberies, etc.). Case facts forwarded to the polygraphist may include, but are not limited to, the following: a. Information obtained is the investigation that supports and justifies the use of the polygraph. b. Copies of crime/offense reports and investigative reports. C. Background information on the person to be examined, to include criminal record and possible motivation. d. Evidence available and withheld from the person. C. Any statements made by the person, complainant or witnesses to include alibis, newspaper articles and/or other general information concerning the case. 2. if the person is hearing -impaired or does not speak English, the officer shall make arrangements for a sign language interpreter or translator as determined by the polygraph examiner. 3. Officers should not interrogate a person within the twenty-four (24) hour period preceding the polygraph. Exceptions to this rule maybe allowed for special incidents as defined by the criminal investigation division commander or their designee (e.g. homicides, robberies, etc.). 4. In any interrogation of a suspect who has agreed to or who may reasonably be asked to agree to a polygraph, officers should not pursue questions that may reveal information only the perpetrator could know. This includesj�ut is not limited to the following: — i. Method of entry. ii. Property taken. iii. Weapons or type of force used to commit the crime:' - iv. Evidence left at the scene. V. Clothing wom by the suspect during the crime. vi. Unusual acts of the suspect during the crime. vii. Location from which property was taken. 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 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 conduefeeA on any person whom the examiner reasonably believes to be physically or.c;notionally unsuitable for testing, This may include, but is not limited to, person§ with heart conditions, women who are pregnant, and individuals taking certain types of medication that may interfere with test results. When in doubt, the examiner may seek guidance from medical or psychological professionals asa&thorii'ed by this agency and/or request the examinee to obtain a medical certificate from an approved health care provider. The polygraphist shall use the fafm at the end of this policy, Appendix E labeled, "Polygraph Unit Medical A'siessment" 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. Prior to the test, the polygraphist shall explain the polygraph procedure to the person and prepare him/her for the examination. 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 incl tide, 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 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 equipment to conduct an examination. 6. Calibration charts and/or maintenance logs shall be maintained by the polygraphist and made available for inspection when requested by the Chief of Police or their designee. 7. Calibration checks of instruments shall be conducted at least once per month and whenever the instrument is moved to a different location. E. Training 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 Wr i►f Q09 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. Appendix A Iowa City Police Department Polygraph Unit AGREEMENT TO PERFORM POLYGRAPH EXAMINATION (Type or Print, except Signatures) , (hereinafter, "AGENCY") has asked the Iowa City Police Department (hereinafter, "ICPD") to perform a polygraph examination for AGENCY's purposes. The ICPD has agreed to do so, under the following conditions: I. Poly -graph examination to be performed A. The ICPD agrees to have one of its polygraph examiners who has graduated from an American Polygraph Association certified school perform the polygraph examination. B. Following completion of the examination, the ICPD polygraph examiner (hereinafter, "EXAMINER") will issue a report to AGENCY summarizing the results of the examination, I1. Nature of oolvsraph examinations , A. AGENCY recognizes that polygraphs are not to be used as a substitute for sound investigative procedures. -I . B. AGENCY recognizes that a polygraph should not he used to verify a victim's allegation without sufficient grounds for suspecting that the victim has given false or misleading statements. C. AGENCY recognizes that the person to be examined (hereinafter, the "EXAMINEE") must do so voluntarily and without threats, duress, coercion, force, promise -of immunity or reward. D. AGENCY recognizes that the EXAMINEE has the right to refuse to answer questions or discontinue the examination at any time, E. AGENCY recognizes that the EXAMINER has the ultimate authority over who is allowed in the examination and observation rooms. F. When appropriate, the EXAMINER will read Miranda rights to the EXAMINEE and explain the voluntary nature of the examination. III. Preparation for Polygraph Examinations A. AGENCY agrees to provide EXAMINER with all pertinent information concerning the case or matter under investigation, and further agrees to review, clarify, and elaborate on that information as the EXAMINER may deem necessary. Said 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 ]crow. 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 of the examination are not admissible in a court of law unless all parties agree in advance. 3. Results of the polygraph examination, taken alone, do not provide, substantiation for a criminal charge, G. Anything required of the AGENCY under Paragraph 11. may be waived by 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. VI. Payment A. Invoicing for the polygraph examination shall be at the discretion of the Chief of Police or their designee. For any examination taking place at a location other than the ICPD, AGENCY shall also reimburse the ICPD for travel time (at The EXAMINER's hourly pay rate) and for any other travel -related costs or expenses. All payments shall be made within thirty (30) days of the date of examination. 11 In the event of examination cancellation by AGENCY or EXAMINEE, the AGENCY will reimburse the ICPD for whatever time and expenses the ICPD has incurred to that point, For the Iowa City Police Department For Iowa City Chief of Police Name (type or print), title of Agency requestor Signature of authorized Agency requestor Appendixi l�wa ctTy POLICE I , voluntarily and without threats, duress, coercion, force, promise of immunity or reward agree to take a polygraph examination concerning With full knowledge and consent I agree to undergo a polygraph examination administered by and authorize the release of information developed during the examination to the following personnel: , and other entities as required by law. I understand that the purpose of this examination is to determine whether or not 1 am telling the truth to all examination questions. I agree to assist the examiner during this process by telling the truth during all of our discussions and by cooperating and following all instructions. At any time during today's examination, I understand 1 may refuse to take the polygraph test, I may stop the test at any time, and/or I may refuse to answer any individual questions. I consent to the use of electronic hearing, video, and recording devices during this examination process, and that itmay beused for training and/or research purposes. I declare that I.pm in good physical and mental condition and 1 know of no physical or mental condition that would affect or prevent me from submitting to this examination. I agree to make known to the examiner any physical or medical condition, including the use of any medication or drug, known to me at the time of the examination. With knowledge and consent to the above, I agree to release, absolve and forever hold harmless from any liability. The examiner is authorized to release professional opinions about my truthfulness to the person(s) and/or programs listed above. Signature of Examinee Printed Name of Examinee Date Signature of Examiner Printed Name of Examiner Date Appendix C [4WA GITp POLICE 1 POLYGRAPH CONSENT & RELEASE OF INFORMATION Location: I, voluntarily agree to t ak e a pre -employment polygraph examination for the mutual benefit of myself and the investigating officers/agents requesting this exam. I fully realize that I do not have to take this examination, and that even in proceeding, I can discontinue the examination at any time by simply telling the polygraph examiner that I wish to stop. However, depending on the requesting agency, I also understand that if I choose to stop the examination, I may forfeit further consideration of employment with that agency. In signing this form, I also give my consent to the use of audio and/or video electronic recording equipment during this examination. I understand I am being requested to undergo a polygraph examination regarding information I have provided on my polygraph questionnaire, application for employment, interviews and/or online questionnaires in relation to my suitability for employment. I understand that the results of this examination or my failure to cooperate during the test will be considered along with other factors in evaluating my suitability for employment. I understand that should I attempt to intentionally manipulate the results of this test by any dishonest or intentionally misleading act or omission I may be denied further pardc*1ionin the selection process. I authorize the Iowa City Police Department to discloseboth orally and in writing lhE exarftmatton. results to those persons or parties having an interest in this exanimation. This includes, but is not Iimited to, an appropriate law enforcement agency for the purpose of a criminal investigation. I also represent that I am in sufficient mental and physical condition to undergo a polygraph examination, and that I know of no mental or physical condition that might be impaired by the examination. I now request that the examiner proceed with the interview and polygraph examination. Applicant Date Examiner Date Appendix D IOWA CITY POLICE DEPARTMENT POLYGRAPH UNIT POLYGRAPH INFORMATION FOR FILE NUMBER: CASE DAT START TIME: TTMF- EXAMINEE NAME: First Middle Last (Jr./Sr.) If married female, ALIASES AND/OR NICKNAMES: SOCIAL SECURITY ADDRESS: Street or route number City State How long? CATEGORY OF EXAMINEE: DATE OF BIRTH PLACE OF BIRTH City and State: Victim ❑ Witness ❑ Suspect ❑ PERSONAL INFORMATION: Age: Height: Weight: Hair Eye Color: Build: FamalP I AT)TTPAT1nNT- 144nh r+raAa nr hi nh erhnnl rnlfr atfend". Nh�mhor nf,raare r3raAv�ofp7 PT-TVQTrAT Any. Tf,. n,hct fnr T�ma?'abon• last 12 hours? Now under doctors care? Yes If yes, for what? When slept last? Number of How slept? Doctor's Name Pup..rtrented by Tf vrc Ctllt _] TllcrharVP date- FVPr n nnti P.nt in a nlP.ntnl { nrd nkrhnrVP rintP' e .7 Yes No Yes F1 Yes F1 No T,1MPM NWITTFTFT7 To P A'%rP V(1T 1 T A VVV A Tf,— wl,a whop rhnrnr nnA racnslte. TRQT- pyANA RP17np h' Yes N MAR TTAL STATI !S ow Inno? Ivear-0 MRF.R OF CHTTDRF.N: CInPIP. I I SPnnrgte.d le: M ied 1 2nd es: Female: Apes: MILITARY SERVICE: Period of Time Served Date and type of discharge: Yes 0 No ranch From: ARREST Date: Place: Trial NOW ON PROBATION ARENT'S NAME AND DRESS: PRESENT PLACE OF EMPLOYMENT: Occupation: How EXAM REQUESTED BY: EXAM OBSERVED BY: TYPE OF CASE: ARE YOU A LIAR: NUMBER AND TYPE OF CHARTS: U -' TEST RESULTS: Smoker ❑ Non -Smoker ❑ Right-handed Read ❑ Write LJ EXAMINER: EXAM GIVEN AT: Break: ATTORNEY: RESTRICTIONS: Appendix E IOWA CITY POLICE DEPARTMENT POLYGRAPH UNIT MEDICAL ASSESSMENT Polygraph Background Information: Location Date: Time: Examinee's Name: First: Middle: Last: When Did You Last Eat? Sinus? I Menstrual I Pregnant? ArthritisMeumatism? Yes ❑ No ❑ Yes ❑ e o Yes ❑ No ❑ Special Education? Rheumatic Fever? sthmalLung Hav Fever? Kidnev Problems? Diabetes Mellitus? Heart Do You Have Hiah or Low Blood Other All -re Shortness of Breath? Yes Q No 0 Yes ❑ No LJ Yes LJ ❑ I ❑ Ever Consult olio Yes ❑ No ❑ Thvroid Problem Yes ❑ No ❑ Had Anvthing to Drink in the by Psychologist or B Yes ❑ No ❑ Back Problem Yes ❑ No ❑ Last 24 Hrs? Yes ❑ No ❑ Psvchiatrist? Seizures Yes ❑ No Communicable Disease Yes ❑ No Have Ever Been in Counseling? Have You Had A Recent Hospital Stay? Are You in Pain Now? Did This Involve A Head Injury? Have You Used Have You Used Other At What Aee? Have You Used Yes ❑ No ❑ Raised by:Hobbies/Recreation: Animal You Like the Most: Number of Siblings: Most Important Person In Your Life Person Least Resnected How Did You Get Along with Parents/Siblings Best Thing Ever Happen to Worst Thing Ever Happen to You vnn I Got Along Best With: Last Time You Used: Marijuana I Like People: In a Group ❑ Few ❑ Cocaine -' Oxycontin Self Concept: Methamphetatnines -- Valium Or Any Other Illegal DrugFaults: Remarks: U Chris Olney From: Jody Matherly Sent: Tuesday, November 13, 2018 6:07 PM To: Chris Olney Cc: Scott Stevens Subject: ODARA form Attachments: ODARA.pdf As requested by CPRB. I will have a Domestic Violence investigator at the next meeting to explain the ODARA form. 7adyL Matkevfy chief of Police Iowa City, Iowa Fair o- 319-356-5271 Rerpnrsive worms l 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 mdicates that an item might bepresenf but the information is unclearor incomplete) 1. Prior domestic assault (against a partner or the children) in police records _2. Prior nondornestic 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 S. 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, alcoholldrug consumption or problem Raw total (sum of items scored t ) Adjusted Score (see Tabte Adjusted scares forassessments with missing information) © 2005 Mental Health Center Penetanguishene, Research Department City of Iowa city MEMORANDUM Date: November 29, 2018 To: City Council From: Jody Matherly, Police Chieir4 j Eleanor M. Dilkes, City Attomey�tr Re: Community Police Review Board (CPRB) recommendations for ordinance amendments By memo to the City Council of July 23, 2018, a copy of which is attached, the CPRB requested that Council consider adopting certain revisions to the CPRB ordinance (City Code 8-8). This memo will provide staffs input on each of these recommendations and suggest one additional change to the ordinance. CPRB Proposals 1. In the event that an Intemal affairs investigation Is released to the public it will be available to any member of the public. Staff has no objection to the city attorney providing such internal affairs investigation to the board in the form that it is released to the public. Staff notes that the findings and conclusions of the police chief would have been provided to the board as part of the chiefs report to the Board. 2. Staff has no objection to the board including in its annual report to the city council a statement of whether the board's decision differed from that of the police chief andfor city manager. 3-6. Staff supports the CPRB proposal that the police chief meet with the CPRB to discuss the anticipated differences in the chiefs report and the board's yet to be issued public report. The police chief welcomes the opportunity to review how the facts of the complaint and the concerns of the board relate to the policies, procedures, laws and training that govern the conduct of the officer. As do other board discussions about a complaintfinternal invesllgatlon, this discussion would occur in closed session. 7-10. Staff has no objection to the board stating in its public report whether the board affirmed or rejected the conclusion set forth in the police chiefs report (use of 'conclusion" rather than "opinion" will track the language of the ordinance). 11. Staff does not support the board's proposal that the board be able to request an independent investigation of the facts of the complaint if the board's public report to The Council does not affirm the decision of the police chief. Staff has both logistical and legal concerns about this proposal as follows: a. The board currently has the option of hiring an independent investigator once it reeetves the chiefs report. (8-8-7(BX1Xf)). This is the highest `level of review" available to the board, with the lowest being "an the record with no additional investigation." b. An investigation, if necessary, should be done before the facts are revealed to the public In the board's report, not after. c. Differences in the reports of the police chief and the board typically have less to do With a disagreement about the facts, and more to do with a difference In perspective. If there are such differences, the chief and the board should have a discussion and learn from each other's perspectives in an attempt to facilitate less November 29, 2018 Page 2 conflict in the future. As noted above, staff supports the CPR9s 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 50' Amendment privilege against seff- incrimination may be compelled, by threat of termination, to respond to the questions posed by the internal investigators. This is known as the GarftWGardner principle referred to in section ".5(B)(1) of the ordinance: "Prior to investigation of any board complaint, the police chief shall first give Gantry 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 setf-Incrimination. However, the officer may be required to answer questions during the Investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding.' The CPRS 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 51' 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 84 -5 (6)(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 to 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 Police 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 Page 3 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 6-18-13 Item 16). The minutes of the Ad Hoc Diversity Committee reveal that the proposal originated from the Comm'ittee's desire to include persons outside the police department in the investigatory process. (See minutes of 11/1912012 and 2/20/13). The provision has not been reviewed since its adoption in 2013. After participating in police officer Interviews for two and a half years, the City manager does not believe that the pracrice 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 tours 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 rates that he is happy to meet with the CPRB and police 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: 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 dosed session to "cuss the "KrUaM of opinion. ff the board reiluests the city manager's presenceat_saia meeting the city man_aggr wiii also attend. Such meeting shall take place prior to the issuance of the board's public report to the city council. End. 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 iii�FM�F Y'Fi1F',tfE Y�F�F �F 1F�F X�+F%*�Fk y �F�F s �F�Fs�F%sfis �F+MF:Fs+! $+MO i b�Fe�FXr%iF%�HMF�x?�NMbl�F �F+Fi�F-i�F�F�I'�Fi�Y2F�F8�MFF1iiMMF 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 cLq attorney shall forward a col2y 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 c4 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 citxcouncil. 1 4. The last un-lettered subparagraph of paragraph (B)(2) of SECTION 8-8-7 shall become numbered paragraph 3. The following shall be inserted as subparagraph (B)(4) of SECTION 8-8-7- If the board disagrees with the decision of the police chief or city manager with respect to the allegations of misconduct the board and the police -chief and/or city manager shall meet in closed session to discuss their disagreement about the complaint. Such meeting shall take place prior to the issuance of the board's public report to the city council. 6. Subparagraph (B)(3) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(5)- 7. The following sentence shall be added to the end of newly re -numbered subparagraph (B)(5) of SECTION 8-8-7; The public report sha_ R 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 (B)(6). 9. Subparagraph (B)(5) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(7). 10. Subparagraph (B)(6) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(8)- 11. The following shall be inserted as new subparagraph (B)(9) of SECTION 8-8-7: If the board's public report to the ciM 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 da 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 conceming_the investigation. Such public report shad include detailed findings of fact concerning the complaint, together with a clemly articulated conclusion which exRlains why and the extent to which the complaint is "sustained" or "not sustained". The independent investigator's public report shall not include the names of the complainant(s) or the police 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 reort 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 swom police_ officer's conduct until after a "name clearing hearing" has been held, consistent with due proces-s 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 ma 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 ig` s not required by law to offer a hearing to the officer, but the investiggtorma hold hearings as deemed a ro riate by the investiMator. 12. Subparagraph (13)(7) of SECTION 8-8-7 shall be re -numbered as subparagraph (13)(10). 13. Subparagraph (H)(8) of SECTION 8-8-7 shall be re -numbered as subparagraph (13)(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. Updated 11114118 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 Donald King, Chair 542 Poster Rd Iowa City, IA 52245 (C) 319-594-7660 aohawkeves540yahoo.cam Monique Galpin, Vice Chair 1104 Muscatine Ave Iowa City, IA 52240-5500 (C) 319-936-5064 mon is u e-a a I pinOu Iowa, ed u Orville Townsend, Sr. 113 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orville.townsend@q.com Term: July 1, 2015 —June 30, 2019 Term: July 1, 2016 — June 30, 2020 Term: July 1, 2016 — June 30, 2020 David Selmer Term: July 1, 2017 —June 30, 2021 403 Boyd Ct Iowa City, IA 52245 (C) 319-331-9956 david(cDsustainablelandscapesol utions.org Latisha McDaniel 331 Willow Wind Place Iowa City, IA 52246 (C)214-682-3014 brufanearaCo amail.com Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C)319-430-1549 fordWefflaw.com Term: July 1, 2017 — June 30, 2021 Updated 11114118 City Legal -Sue Dulek 319-355-5030 Sue-dulek0iowa-city. ora Police Chief — Jody Matheriv 319-356-5271 Jody-matherly ftwa-city. org Equity Director -Stefanie Bowers 319-356-5022 Stefanie -bowers _iowa-city.Ora CPRB Staff — Chris Olney 319-356-5043 Christine-olneyCo Iowa -city. org City Clerk — Kellie Fruehlina 319-356-5041 Kellie-frueling[a iowa-city.ora COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS November 2018 Date Description 11-14-18 Phone call regarding complaint options. December 11, 2018 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Comolaint #18-02 Filed: 09/27/18 Chief's report due (90 days): 12/26/18 Chief's report filed: ??/??/18 CPRB meeting #1 (Review)-, ??/??/19 CPRB meeting #2 (Review): ??/??/19 CPRB meeting #3 (Review): ??/??/19 CPRB report due (90 days): 03/26/19 TENTATIVE MEETING SCHEDULE January 8, 2019 February 12, 2019 March 12, 2019 April 9, 2019 The following documents were handed out during the meeting. J `, niwnnmy �.n3nvumira9. Waypoint: amr��ra mre�Ktaflnbr. UNTRE W MENMI HEAETN CARE AmEfrucvi¢✓N. LENREEde 941R56 :4XFE MENrME ODARA Scoring Form Prorating Table Use if the available documentation indicates that an item might be present but the information is unclear or incomplete. Actuarial Table LaAv ��� Admnnng Vndzmand,ng. Y ayp•Vl E # {. * arrzr+:ry hr.art,prENenSiun, CFNiNH jnz Mf9tlTAl HFX:Tk{A@E Amo"Farc�'vt vra. CENTE d. ifNNS d^ 5M1M:E.N@lihLE Index Assault The index assault is the most recent incident in which the man being assessed assaulted a woman with whom he is (or was previously) married or cohabiting. The ODARA may also be used in a case of assault against a woman with whom he had a non -cohabiting intimate relationship (dating). The definition of assault is any act of violence that involved physical contact with the victim, or a credible threat of death made with a weapon in hand in the presence of the victim. ® Prior Domestic Incident of assault in a police or criminal record A prior domestic incident is one in which the man being assessed assaulted his current or previous female marital or cohabiting partner, or her child, and which is recorded in a police occurrence report or criminal record. ✓ The incident must include physical contact or the use, or attempted use of a weapon to contact the victims body, or a threat of harm made with a weapon in hand. If you do not have a detailed description of the incident, count a criminal charge of assault or other violent offense against a domestic victim as a domestic incident. ✓ The incident must have been reported to the police, either when they attended the incident or in a subsequent report. ✓ The incident must have occurred on a separate occasion, before the index assault. If the index assault is part of a cluster of assaults documented in one police report, count any domestic assault that occurred at least twenty-four hours before the index assault as a prior domestic incident. ✓ The victim of a prior domestic incident must be a person who is a current or previous female domestic partner of the man being assessed, or the child of this partner. X Incidents involving only pets or property do not count for this item. Prior Non -domestic Incident of assault in a police or criminal record A prior non -domestic incident is one in which the man being assessed assaulted any person who is not his current or previous female marital or cohabiting partner, nor her child, and which is recorded in a police occurrence report or criminal record. This item differs from the previous item, prior domestic incident, only in who the victim is. ✓ The incident must include physical contact, or the use or attempted use of a weapon to contact the victim's body, or a threat of harm made with a weapon in hand. If you do not have a detailed description of the incident, count a criminal charge of assault or other violent offence against a non -domestic victim as a non -domestic incident. ✓ The incident must have been reported to the police, either when they attended the incident or in a subsequent report. ✓ The incident must have occurred on a separate occasion, before the index assault. If the index assault is part of a cluster of assaults documented in one police report, count any non -domestic assault that occurred at least twenty-four hours before the index assault as a prior non -domestic incident. ✓ The victim of a prior non -domestic incident must be a person who is not a current or previous female domestic partner of the man being assessed, nor her child. X Incidents involving only pets or property do not count for this item, O 2012 Waypoint Centre for Mental Health Care, Penetanguishene, Canada .J ndwnnng,.mArvttanbmq. �%4 �� ryoin r tfilf»U'Jiryy �,ryri lr R 1.+41 { i 4n:rrra; ka.onrFrde}r.,,neRar. (ENTRE fax KEWFr NFAEfN (A!E Amdv" (ENlYE JR sans & SkNTE.NENTJyE Prior Custodial Sentence of 30 days or more A prior custodial sentence is the final disposition of a court for an offence committed by the man being assessed. ✓ The sentence itself must be for at least thirty days. ✓ The man must have been admitted to an adult orjuvenile correctional facility, prison, orjail, but he need not have been in custody for the entire thirty days. Count the sentence, not the time spent in custody. ✓The sentence must have been handed down before the index assault. X Do not include a sentence given for the index assault. X Time spent in custody before trial or before sentencing is not usually counted for this item. Failure on Prior Conditional Release A failure on prior conditional release requires that the man being assessed was on a conditional release ✓ The conditional release must have been ordered before the index assault. ✓ The man must have been at liberty in the community under supervision or other requirement ordered by a criminal court, or a no -contact order imposed by a civil court. ✓ Any known violation of the conditional release counts for this item. ✓ If the man was on a conditional release at the time of committing the index assault, and no further information is available about the conditions of the release, count the index as a failure of conditional release, because such releases almost invariably require the offenderto keep the peace. The same rule applies to any criminal charges incurred while on a conditional release. ✓ Count any known failure, even if it does not result in a charge. For example, there might be evidence that the man was using alcohol while on a probation order that required abstinence from alcohol, but the man was not charged with a breach of probation; the use of alcohol is a conditional release failure. Another example is of a man who is in the community under a restraining order but contacts the person he has been ordered not to contact; the violation of the contact order is a conditional release failure. X Do not include any violations occurring after the index assault. Threat to Harm or Kill at the index assault ✓ A threat to harm or kill at the index assault includes any uttered threat by the man being assessed to cause physical harm to a person other than himself. ✓ Also count bodily gestures that are commonly recognized as a threat of physical harm to a person. X Threats involving only pets or property, or threats of non -bodily harm, do not count for this item. X Do not include any threats occurring before or after the index assault. © 2012 Waypoint Centre for Mental Health Care, Penetanguishene, Canada ��? ad«mm¢emy sfid¢rrtandiny �%�f+,Jypoirit tn�+raysng dvrs. Y lr it 1+147 1� Avarcerlxcdrrzyrehrnuan. CEMR*, NWNTAl etlKA Kr"AFE Am[iiarrr.b,v CFN1QEd¢SdNSd¢SAYf£MENi.M1lE Confinement of the Partner at the index assault Confinement of the victim at the index assault includes any act by the man being assessed that physically prevents, or attempts to prevent, the victim from leaving the scene of the incident. ✓ The victim must be the man's current or previous female marital or cohabiting partner who is the victim of the index assault. ✓ Count a criminal charge of forcible confinement or kidnapping at the index assault, if it is known that the victim was the man's partner. Confining the partner in a locked room, or barring an exit, are examples of confinement. ✓ In locations without walls or doors, count actions taken to impede the partner's active attempts to escape from the location. X Do not include any threats to harm the victim if she leaves, pinning the victim down in the course of an assault, cutting off the telephone, or confining persons other than the partner. X Do not include any confinement occurring before or after the index assault. Victim Concern about future assaults Victim concern includes any statement by the partner indicating that she is concerned, afraid, worried, or certain that the man being assessed will assault her, or her child, in the future. ✓ This statement must be made by the partner in her first report about the index assault to the police. If no statement about victim concern in a police report is present, a statement made by the partner in her first report to a victim support service can be counted. X Do not count the victim concern for her safety, or her child's safety, in the course of the index assault. More than One Child To determine whetherthe man being assessed has more than one child: ✓ Count his biological or adopted children. ✓ Count the biological or adopted children of the partnerwho is the victim of the index assault. ✓ Count all living children, whether they are minors or adults, and whether they are living with the man, living with the partner, or living elsewhere. There must be a total of at least two children in order to score 1 for this item. Victim's Biological Child from a previous partner To determine whether the victim has a biological child from a previous partner: ✓ Count only the children of the partner who is the victim of the index assault. ✓ Count only her biological children whose father is not the man being assessed. ✓ All such living children are included, whether they are minors or adults, and whether they are living with the man, living with the partner, or living elsewhere. X Adopted children do not count for this item. © 2012 Waypoint Centre for Mental Health Care, Penetanguishene, Canada l; { j� f+g advarer+cg iJmaarsrsrrdrrtg. �r�r.y }'�i it iay oliI mNrovir,4 nvrr. 1 4 Avocet to cametrhen:ro!r UW"f * MkNT14 xTgiik tNR[ nmebrer.b vie. LkNltEde itTiNS JeSaNiEMEKi%IE ® Prior Violent Incident against a non -domestic victim Prior violence against a non -domestic victim is an incident in which the man being assessed assaulted any person who is not his current or previous female marital or cohabiting partner, nor her child. A specific incident is required, but a police occurrence report or criminal record is not required. ✓ The incident must include physical contact, or the use or attempted use of a weapon to contact the victim's body, or a threat of harm made with a weapon in hand. ✓ The violent incident must have occurred on a separate occasion, before the index assault. Information can come from sources other than criminal justice documentation, and the incident does not need to be known to the police. Two or more indicators of Substance Abuse More than one indicator of substance abuse is needed in order to score 1 for this item. Count any two of these specific indicators pertaining to the man being assessed. ✓ He consumed alcohol immediately before or during the index assault. ✓ He used drugs immediately before or during the index assault. ✓ He abused drugs and/or alcohol in the days or weeks before the index assault (e.g., alcohol intoxication, frequent alcohol use, use of street drugs, misuse of medication). ✓ He noticeably increased his abuse of drugs and/or alcohol in the days or weeks before the index assault (without a return to normal consumption prior to the index assault). ✓ He had been more angry or violent when using drugs and/or alcohol, before the index assault. ✓ He consumed alcohol before or during a criminal offence predating the index assault. ✓ His alcohol use before the index assault but since age 18 resulted in some problems or interference in his life; this can include alcohol use related to law violations resulting in a charge or revocation of conditional release, withdrawal symptoms or inabilityto decrease use, or problems attributable to alcohol use (such as financial, job, relationship, legal, or health problems). ✓ His use of illicit or street drugs, or m isuse of prescription medications, before the index assault but since age 18 resulted in some problems or interference in his life; this can include drug use related to law violations resulting in a charge or revocation of conditional release, withdrawal symptoms or inability to decrease use, or problems attributable to drug use (such as financial, job, relationship, legal, or health problems). X Do not include medications taken as prescribed. ® Assault on victim while she was pregnant ✓ Include only assaults against the partner who is the victim of the index assault. ✓ Count the index assault or any prior assault on this victim, committed by the man being assessed, if she was pregnant at the time. ✓ The incident must include physical contact, or the use or attempted use of a weapon to contact the victim's body, or a threat of harm made with a weapon in hand. If you do not have a detailed description of the incident, count a criminal charge of assault or other violent offence if it is known that the victim was the index victim, and that she was pregnant at the time. ✓ It is not required that the man being assessed states that he knew the victim was pregnant. X Do not count assaults against previous partners while they were pregnant. © 2012 Waypoint Centre for Mental Health Care, Penetanguishene, Canada S 96ypo1F {(' Mrp+ari,+rg Uuh AY9FltRt t.T [5}fYWNYL�iINM. C.W.fI., WWU KAITMCASE A114 �.x.•r Av rTe_ CSN "WINS ftr SkMSE MEMW Barriers to Victim Support Any one indicator Count any one of these specific circumstances faced by the victim of the index assault. Circumstances not included in this list do not count. ✓ The victim of the index assault has one or more children age 18 or under who live with her and for whom she provides care. ✓ The victim of the index assault has no mobile or cell phone and no landline telephone in the home. ✓ The victim of the index assault has no access to a vehicle and no public transportation in the vicinity of her home and no money for a taxi. ✓ The victim of the index assault lives in a rural area with nobody living close by. ✓ The victim of the index assault consumed alcohol or drugs just before or during the index assault, or she has a history of alcohol or drug abuse (e.g., alcohol intoxication, frequent alcohol use, use of street drugs, misuse of prescription medication). X Do not include medications taken as prescribed. © 2012 Waypoint Centre for Mental Health Care, Penetanguishene, Canada The Ontario Domestic Assault Risk Assessment / j 't `-+-V'.'S` �Lp JZcci�t Research Department Fact Sheet The Ontario Domestic Assault Risk Assessment (ODARA) The Ontario Domestic Assault Risk Assessment (ODARA), a procedure to predict future assaults against intimate partners, was developed by the Ontario Provincial Police and the Ontario Ministry of Health and Long Term Care in response to the May/Iles and Hadley inquest recommendations. It was also a result of recommendations by The Joint Conunittee on Domestic Violence to the Attorney General of Ontario in 1999. The ODARA is a single assessment that is available for use by police, victim services, health care, and correctional agencies. It is the first empirically tested and validated domestic violence risk assessment tool to assess risk of future wife assault, as well as the frequency and severity of these assaults. History The ODARA is the result of a collaboration between the Ontario Provincial Police and our Research Department. The OPP's Behavioural Sciences and Analysis Section is mandated to provide criminal investigation support services and training of a behavioural nature to OPP and other criminal justice agencies within the Province of Ontario. The Waypoint Research Department is internationally known for scientific research on crime, violence, mental disorder, and risk appraisal. In 2001, this research team was awarded a quarter -million -dollar grant by the federal government to develop risk assessments for wife assault recidivism. The funds also supported research on the mental health issues of women assaulted by their partners. In 2003, the team was recognized through an award for Team Endeavours from the Ontario Women in Law Enforcement. In 2004, the first article on the ODARA, its development, and its first cross - validation, was published in the journal Psychological Assessment. Development The ODARA was created from research on nearly 600 cases from OPP and municipal police forces. Using multiple regression techniques, the researchers found that 13 questions were the most highly predictive of future violence. The risk of assault can be predicted with high accuracy using these questions alone, reducing the need for a comprehensive assessment in order to evaluate risk of reoffence. The 13 yes/no questions cover the accused man's history of violence and antisocial behaviour (police record for domestic assault, police record for nondomestic assault, prior correctional sentence, prior failure on conditional release, violence outside the home, domestic assault during pregnancy, substance abuse), details of the most recent assault (physical confinement, threats of harm, victim reported fearing future assaults at time of the assault), and the victim's personal circumstances (number of children, children from a prior relationship, barriers to support). The Ontario Domestic Assault Risk Assessment Interpretation The ODARA is an actuarial risk assessment such that its scores rank wife assaulters on risk for repeated domestic violence. Thus, a male domestic offender can be placed into one of seven categories of risk. For example, a score of 0 places a man in the lowest risk category; 9% of men in the ODARA research studies fell into this category, and 7% of these men met the criteria for domestic recidivism within a follow up of about 5 years. A score of 7 or more places a man in the highest risk category; 6% of men fell into this category, and 74% of these men met the criteria for domestic recidivism. Higher scores on the ODARA also indicate that an accused assaulter will commit more assaults, commit them sooner, and cause more injury (in a range of injury from none to lethality) than an accused with a lower score. Validation Studies The OD.ARA's predictive accuracy has now been demonstrated in 6 validations by the Waypoint Research Department and 5 studies by other researchers. This work includes samples in Canada, the USA, and Europe, as well as female perpetrators and cases of dating violence. These studies are listed below. Buchanan, K. (2009). Risk assessment and spousal violence: Predictive validity and cultural applicability. Dissertation Abstracts International: Section B: The Sciences and Engineering, Vol 71(1-B), 2010. pp. 651. [University of Regina] Gray, A. L. (2012). Assessing risk for intimate partner violence: A cross -validation of the ODARA and DVRAG within a sample of incarcerated offenders. Unpublished MA thesis. [Carleton University] Hilton, N.Z. & Harris, G.T. (2009). How nonrecidivism affects predictive accuracy: Evidence from a cross -validation of the Ontario Domestic Assault Risk Assessment (ODARA). Journal oflnterpersonal Violence, 24, 326-337. DOI:10.1177i0886260508316478 Hilton, N.Z., Harris, G.T., Popham, S., & Lang, C. (2010). Risk assessment among incarcerated domestic offenders across follow-up times and case criteria. Criminal Justice and Behavior. 37. 815-832. DOI:10,1177/0093854810368937 Hilton, N.Z., Harris, G.T., Rice, M.E., Houghton, R., & Eke, A.W. (2008). An indepth actuarial risk assessment for wife assault recidivism: The Domestic Violence Risk Appraisal Guide. Law and Human Behavior, 32, 150-163. DOI: 10.1007/sl0979-007-9088-6 Hilton, N.Z., Harris, G.T., Rice, ME, Lang, C., Cormier, C.A., & Lines, K.J. (2004). A Brief Actuarial Assessment for the Prediction of Wife Assault Recidivism: The Ontario Domestic Assault Risk Assessment. Psychological Assessment, 16, 267-275. [Erratum 17, 131.1 10.1037/1040-3590.16.3.267 Hilton, N.Z., Popham, S., Lang, C., & Harris, G.T. (in press). Preliminary validation of the ODARA for female intimate partner violence offenders. Partner Abuse. The Ontario Domestic Assault Risk Assessment Moser, A.E. (2012). Validation and expansion of the Ontario Domestic Assault Risk Assessment (ODARA) instrument: An early warning system. (Master's dissertation, University of New Brunswick, 2012). Rettenberger, M. & Eher, R. (2012). Actuarial risk assessment in sexually motivated intimate -partner violence. Law and Human Behavior. In press, e-publication ahead of print. DOI:10.1037/b0000001 Stewart, G., & Henning, K. R. (2010, September). Risk assessment for intimate partner violence. Paper presented at the 2nd Annual Domestic Violence Symposium, Seattle, WA. Trinh, B. V. (2010). A Replication Study of the Domestic Violence Risk Appraisal Guide (DVRAG). (Doctoral dissertation, Alliant International University). Frequently Asked Questions 1. Can I drenv a conclusion about risk using only the ODARA score? Yes, the ODARA can be used validly as the only assessment to measure risk of domestic violence. More information is not required in order to score the ODARA. Adjusting the score by adding other information could result in lower accuracy. 2. Can the ODARA be used if the man was not found guilty of assault? Yes. The ODARA significantly predicts domestic violence recidivism whether the offender is charged or convicted or not. Incidents were included in the ODARA research if the researchers agreed, based on the police report, that an assault had occurred — there was a high level of reliability. 3. Can the ODARA when there is a risk of lethality? Yes. Higher ODARA scores indicate more severe future assaults, and our current research has found that men who subsequently committed domestic murder ranked in the highest risk category. So, although the ODARA does not specifically predict the occurrence of lethal domestic violence, it can be used in cases where severe and potentially lethal assault is a concern. 4. Does the ODARA predict assaults that are not known to the police? Yes and no. The ODARA calculates the likelihood of assaults known to police, so the likelihood of any assault, with our without police involvement, could be different from the stated recidivism rate. However, higher ODARA scores indicate that a man is more likely than other domestically violent men to commit future assaults. This "rank order" is expected to be stable over time and regardless of whether there are assaults that the police don't find about. The Ontario Domestic Assault Risk Assessment S. bl by aren `t jealousy or threats of suicide included in the ODARA' The ODARA's 13 items are the strongest predictors of domestic violence recidivism. Other information was not predictive in our research (e.g., suicide threats) or did not improve the accuracy of the risk assessment (e.g., jealousy). Extra information should not be used to adjust the ODARA score or its interpretation of risk, but details such as jealousy and suicidal behaviour can be taken into account when devising a victim safety plan or interventions for the perpetrator. ODARA Training ODARA 101: The Electronic Training Program: An interactive online e-learning program for assessors to learn to use the ODARA any day of the year and at any time that fits their schedule. This project has been made possible by a grant from the Ontario Ministry of Community Safety and Correctional Services. For more information, click ODARA 101 on the Domestic and Relationship Violence page.(http:llodara.waypointcentre.ca) For More Information There is no professional restriction on the use of the ODARA, but training has been shown to improve scoring accuracy. For more information, click ODARA 101: The Electronic Training Program, or the link to the book (both on the Domestic and Relationship Violence page): Hilton, N.Z., Harris. G.T., & Rice, M.E. (2010). Risk assessment for domestically violent men: Tools for criminal justice, offender intervention, and victim services. Washington, DC: American Psychological Association.(http:llwtivw.apa.org/pubs/books/4318055.aspx) This book contains all the information needed to score and interpret the ODARA and DVRAG in any setting. Practice materials and more extensive Frequently Asked Questions are included. from sq. 61�Uq'm TLi��) 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, alcoholldrug 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 CITY OF IOWA CITY UNESCO CITY OF LITERATURE BOARD COMMISSION TRAINING 101 Jeff Schott, former Director of the Institute of Public Affairs for the University of Iowa College of Law is offering a voluntary training to current City board and commission members at 5:30 p.m. on Monday, December 17 at the Iowa City Kirkwood Community College campus, 1816 Lower Muscatine Road. The training will cover recent significant Iowa Supreme Court decisions on Open Meetings Law, Public Records Law, Gender Balance Law and Parliamentary Procedure (Robert's Rules of Order). This training is voluntary and is not required of any board/commission member or staff to a board/commission. Pre -registration is required. Or visit https:Hiowacityboardtraining101.eventbrite.com Registration closes Thursday, December 13, For more information, contact Human Right Coordinator Stefanie Bowers at 319-356-5022 or email stefanie-bowers@iowa-city.org. If you will need disability -related accommodations in order to participate in this event, please contact the above name and number. Early requests are strongly encouraged to allow sufficient time to meet your access needs.