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HomeMy WebLinkAbout01-14-2020 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: January 9, 2020 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Tuesday, January 14, 2020 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 1/14/20 • Minutes of the meeting on 12/10/19 • ICPD General Order 99-11 (Arrests) • Office Contacts — December 2019 • Complaint Deadline r_ihaLN I�_� COMMUNITY POLICE REVIEW BOARD Tuesday, January 14, 2020 — 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 12/10/19 • ICPD General Order 99-11 (Arrests) ITEM NO. 3 NEW BUSINESS • Community Forum Discussion ITEM NO. 4 OLD BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • February 11, 2020, 5:30 PM, Helling Conference Rm • March 10, 2020, 5:30 PM, Helling Conference Rm • April 14, 2020, 5:30 PM, Helling Conference Rm • May 12, 2020, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT Ifyou will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. COMMUNITY POLICE REVIEW BOARD MINUTES — December 10, 2019 CALL TO ORDER: Chair Monique Galpin called the meeting to order at 5:34 p.m. MEMBERS PRESENT: Latisha McDaniel, David Selmer MEMBERS ABSENT: Sam Conaway, Orville Townsend STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Iowa City Police Chief Jody Matherly RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #19-04. CONSENT CALENDAR Motion by Selmer, seconded by McDaniel, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/12/19 • ICPD General Orders 89-02 (Department Disciplinary Philosophy) Motion carried, 3/0, Conaway and Townsend absent. NEW BUSINESS None. OLD BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Olney stated the revised By-laws were included in the meeting packet. EXECUTIVE SESSION Motion by McDaniel, seconded by Selmer adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. CPRB December 10, 2019 • Motion carried, 310, Conaway and Townsend absent. Open session adjourned at 5:37 P.M. REGULAR SESSION Returned to open session at 6:16 P.M. Motion by Selmer, seconded by McDaniel to accept CPRB #19-04 report and forward to City Council as amended. Motion Carried, 3/0, Conaway and Townsend absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS {subject to chance) • January 14, 2020, 5:30 p.m. Hailing Conference Rm • February 11, 2020, 5:30 p.m. Helling Conference Rm • March 10, 2020, 5:30 p.m. Helling Conference Rm • April 14, 2020, 5:30 p.m. Hailing Conference Rm McDaniel advised she would be absent for the January meeting. ADJOURNMENT Motion for adjournment by McDaniel, seconded by Selmer. Motion carried, 3/0, Conaway and Townsend absent. Meeting adjourned at 6:18 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2018-2019 eeting Date 1l8119 2120/19 3/12/19 419/19 4l29/19 5114119 Wilh 7f11119 8113119 9/10/19 NO 9124119 10/8119 11ri2l19 119 NAME QUORUM 7 Donald X X X X X X X King Monique X X X X X X X X X X X X X Galpin Orville X X X X X X X X X X X X OtE Townsend Latisha X O X X X X X O X X X X X McDaniel David X O X X X X X O X X X X X Selmer Sam X X X X OtE O Conaway KEY; X = Present O = Absent O/E = Absent(Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 December 10, 2019 To: City Council Complainant City Manager Equity Director Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #19-04 .Y� This is the Report of the Community Police Review Board's (the "Board") review4Ahe inyestig'atipri of Complaint CPRB #19-04 (the "Complaint"). - BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:,' 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(5).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on August 7, 2019. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on October 31, 2019. The Board voted on November 12, 2019 to apply the following Level of Review to the Chiefs Report: On the record with no additional review, pursuant to Iowa City Code Section 8-8-7(6)(1)(A). After viewing available information, and initiating discussion sessions, the Board decided tit all officers acted properly and within department guidelines and policies. The Board met to consider the Report on November 12, 2019, and December 10,. Prior to the November 12, 2019, meeting, the Board reviewed audio and video recoWggs�of the ,^ c incident. co FINDINGS OF FACT On August 2 Iowa City police officers responded to a report of a stabbing from a confrontation within city limits. Several officers appeared on the scene, but only one officer is the subject of the Complaint, hereinafter referred to as Officer A. When Officer A arrived on the scene, Complainant and another individual were involved in a physical and verbal altercation. Officer A learned that the Complainant had been stabbed earlier in this altercation. He was able to separate the Complainant and the other party. An ambulance was called and Complainant was treated by the responding team and taken to the hospital within a few minutes of the officers' arrival. Thereafter, with the assistance of the other responding officers, a thorough investigation was conducted. During the investigation, there was a canvass for witnesses, and some witness statements were taken. The individual who stabbed the Complainant provided a statement. Her home was searched, and the weapon used in the stabbing was recovered. Also, on the scene was Complainants purse. It was searched in the process of the investigation to determine to whom it belonged, and whether any weapons were present. It was returned to the Complainant before she left the scene. Officer A continued to investigate the matter, including talking with Complainant at the hospital. He further reviewed text messages and social media messages that were shared with him by the other individual in the altercation and by the Complainant herself. This continued investigation revealed that Complainant tried to procure her firearm shortly before she went to the home of the other individual in the altercation who stabbed Complainant. It also revealed that Complainant, through social media, was involved in making threatening statements toward the other individual. After Officer A conducted his investigation, he reviewed his findings with two superior officers and collectively they determined the charges that were eventually filed against Complainant and the other individual involved in the altercation. Complainant was charged with Assault Causing Bodily Injury and Harassment 3rd Degree. The other participant was charged with Willful Injury Causing Serious Injury, Child Endangerment, and Going Armed with Intent. On August 7, 2019, Complainant filed the Complaint alleging misconduct on the part of Officer A. ALLEGATION 1 — The officer's decision to not file charges against the other participant was influenced by him personally knowing the other participant's boyfriend. The record is contrary to the allegation in that Officer A did charge the other participant with the offenses cited above. Further the record reflects that Officer A's knowledge of the other participant's boyfriend was merely that of a Highschool acquaintance. Moreover, there is zero evidence that such knowledge influenced Officer A's conduct in any manner. Review of available materials indicated that Officer A conducted his investigation in accordance with Department policy at all times. Board's conclusion as to Allegation 1 — Not Sustained. Chief s conclusion as to Allegation 1 — Not Sustained. ALLEGATION 2 — Illegal search of personal property and seizure of cell phone. Officers did search the Complainant's purse, but only to verify the purse belonged to her and to verify that the purse did not contain any weapons prior to handing it back to Complainant. Officers are allowed to do a safety search in exigent circumstances as were present here where a weapon was present and serious injuries were sustained. r, Board's conclusion as to Allegation 2 — Not Sustained. Chief's conclusion as to Allegation 2 — Not Sustained. c, ALLEGATION 3 — Failure to properly investigate the incident. As outlined in the fact portion above, Officer A, with the assistance of several other officers,:conducted a very thorough investigation of the incident. Board's conclusion as to Allegation 3 — Not Sustained. Chief s conclusion as to Allegation 3 — Not Sustained. COMMENTS None. LEG-02.1 ARRESTS Original Date of Issue General Order Number October 11, 1999 99-11 Effective Date of Reissue Section Gode December 18, 2019 LEG-02 Reevaluation Date Amends December 2020 C.A.L.E.A. Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, 74.3.1, (see "INDEX AS:") 74.3.2 INDEX AS: Use of Force Arrests' c? Citations Discretion - Prisoner Transport Domestic Abuse c' 1. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their aoal. LEG-02.2 II. DEFINITIONS A. Iowa Code Section 804.5 is as follows: Arrest defined: Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. 111. PROCEDURES ARREST WITH AND WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public,,, safety, or from any other peace officer of this state or any other statU or the United States an official communication by bulletin, radi Eweph, telephone, or otherwise, informing the peace officer that a warrants 4 been issued and is being held for the arrest of the person td��arrgted r-- on a designated charges s E. If the peace officer has reasonable grounds for believing th domestic I'D abuse, as defined in section 236.2, has occurred and has r4asonatale grounds for believing that the person to be arrested has committeeit. F. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) G. The peace officer making an arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and require the person being arrested to submit to the officer's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so. (See 804.14(1) of the Iowa Code) H. If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private LEG-02.3 premises, the officer may upon identifying the officer as such, demand that the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force as is reasonably necessary. (See 804.15 of the Iowa Code) TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force that the officer reasonably believes to be necessary to effect the arrest. Prisoners shall be treated with appropriate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury or in conformity to other general orders. ARRESTICITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles and Section 805.16) or unless it is an offense for which an accused would not be eligible for bail under Section 811.1 or a violation of Section 708.11. Factors to be considered for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa but shall not be limited to all of the following: A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxLL:Pnts drugs and no one is available to take custody of the person and besporiple fgy the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure;thaTthe t person will appear or it reasonably appears that there is a substtiatP likelihood that the person will refuse to appear in response to rJ:CMtio0, w F. Whether a person has previously failed to appear in response a citoon or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person: A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment. E. Criminal record. F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response to a citation. LEG-02.4 Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons cited for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. ; Complete a Front Desk Charge Drop Off Cover Sheet -Appendix 2 B. Fill out an arrest report as completely as possible and attach it with the charge(s). C. Place the cover sheet, arrest report and the charge/s in the bin labeled "Charges/Citations to be served" located at the station master's work station. The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any unserved warrants. The arresting officer shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT ca^`n Authority to arrest persons with a warrant is contained in Chapterof e Code of Iowa. _ co »< r n An arrest pursuant to a warrant shall be made only by a peace offira.. — t. Section 804.7(4) of the Code of Iowa is as follows: ' Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. Section 804.14(2) of the Code of Iowa is as follows: If acting under the authority of a warrant, a law enforcement officer need not have the warrant in the officer's possession at the time of the arrest, but, upon request, the officer shall show the warrant to the person being arrested as soon as possible. If the officer does not have the warrant in the officer's possession at LEG-02.5 the time of arrest, the officer shall inform the person being arrested of the fact that a warrant has been issued. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. Warrants for persons known to be violent or potentially dangerous; 2. Felony warrants; 3. Warrants for indictable offenses; 4. Non-violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their in -car or body -cam recording device when serving the warrant. H. Officers shall notify JECC of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officer(s) to assist in the serving of the warrarat> J. Upon arresting a subject on a warrant, the officer will transport, the sect to the Johnson County Jail unless otherwise specified. �? � ` 't K. Prior to serving a warrant outside the corporate limits of Iowa p,.the"6ffic2 ".: shall: co 1. Obtain the permission of a watch supervisor;' Q 2. Advise the JECC of the action; and 3. Contact the local agency with jurisdiction and request the pr iai5ce-df a local officer during the arrest. Y' USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest. 804.8 is as follows: A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. LEG-02.6 A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident, directives from supervisors, and departmental directives. B. Members of this department shall always act in accordance with the law and departmental directives. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. c w rM n r? co .�. }rn s- LEG-Q2.7 Jody Matherly, Chief of Police 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. •,: x Fn i _3 c> =ac m { %' w LEG-02.8 Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the Code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty...... Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these Wises the officer should advise the person of the nature of the stop and make a dplermirF$lon as to if the person is able to safely continue on their way. In instances whei4theApility6f7i, the operator of the vehicle is in doubt the officer should take steps to insrjFCith"ersorr— safely gets to their destination. These steps may include but are not limit to;�0cati;g another driver, contacting a cab, or contacting the consulate of the persdrirJJvoly8d o the United States Department of State for further assistance.; Foreign nationals are subject to the laws of the State of Iowa, however there maybe consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access publication which is available on-line at the U.S. State Department's web site. .-. LEG-02.9 TodWs Data: ,__ __J, IGPD Incident M Officer: NOW until: .J..—J. Remarks: Serving Officer: Date Served: Gc a Defendant identified by: i W r- REDLINE VERSION Red highlights are deletions Green highlights are additions Original Date of Issue General Order Number October 11, 1999 99-11 Effective Date of Reissue Section Code December 18 2019 1 LEG-02 Reevaluation Date Amends December 2020 C.A.L.E.A. Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, 74.3.1, (see "INDEX AS:") 7432 INDEX AS: LEG-02.1 Use of Force Arrests Citations Discretion Prisoner Transport Domestic Abuse J I. PURPOSE The purpose of this policy is to explain the procedures to be us" theWa pew ¢¢,-W is arrested by members of the Iowa City Police Department. �^ - 1 POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. LEG-02.2 DEFINITIONS A. Iowa Code Section 804.5 is as follows: Arrest defined: Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. III. PROCEDURES ARREST WITH AND WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. A E5 Where the peace officer has received from the department of pubs safety, or from any other peace officer of this state or any fps st>e or " the United States an official communication by bulletin, ra*Ie§raph, telephone, or otherwise, informing the peace officer that a warrantvs been issued and is being held for the arrest of the person to arrested on a designated charge. r s " Of- i $ If the peace officer has reasonable grounds for believing abuse, as defined in section 236.2, has occurred and ha: grounds for believing that the person to be arrested has committed it. F. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) G. The peace officer making an arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and require the person being arrested to submit to the officer's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so. (See 804.14(1) of the Iowa Code) H. If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private LEG-02.3 premises, the officer may upon identifying the officer as such, demand that the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force as is reasonably necessary. (See 804.15 of the Iowa Code) TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force that the officer reasonably believes to be necessary to effect the arrest. Prisoners shall be treated with appropriate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury or in conformity to other general orders. ARREST/CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles and Section 805.16) or unless it is an offense for which an accused would not be eligible for bail under Section 811.1 or a violation of Section 708.11. Factors to be considered for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa but shall not be limited to all of the following: A. Whether a person refuses or fails to produce means for a satisfactc identification. B. Whether a person refuses to sign the citation. � " C. Whether detention appears reasonably necessary in order to�fa la cantinuing offense or disturbance or to prevent harm to a person or persRii� c D. Whether a person appears to be under the influence of intoxicaTA or-*ugs and no one is available to take custody of the person and be r§ nSitle fot....j the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assa a that`de person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person: A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment. E. Criminal record. F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response to a citation. LEG-02.4 Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons cited for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. ; Complete a Front Desk Charge Drop Off Cover Sheet -Appendix 2 B. Fill out an arrest report as completely as possible and attach it with the charge(s). C. Place the cover sheet, arrest report and the charge/s in the bin labeles "Charges/Citations to be served" located at the station master' v*rk "tion,.-- The arresting officer will advise the subject of the charge(s) againsfA'he`P'and 01 transport him/her to the Johnson County Jail. The arresting officer sh' "o complete the arrest report and check for any unserved warrants. Th" '_ ag officer shall also record the name of the receiving officer on the arrestrort fr � ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter 804 of the Code of Iowa. l3 of the Code of I' _ollows: ns authorized to make an a nest pursuant to a warrant s e only by a peace officer; in other an.arrest may be made by cer or by a private person as - ,apter Section 804.7(4) of the Code of Iowa Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. LEG-02.5 Section 804.14(2) of the Cod If acting under the authority o have the warrant in the officer's possession at the time of the arrest, bu request, the officer shall show the walTant to the person being arrested s oss . It the officer does rLol, est, the officer en issu SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. Warrants for persons known to be violent or potentially dangerous; 2. Felony warrants; 3. Warrants for indictable offenses; 4. Non-violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by = officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their in -car or body -cam recording device when serving the warrant. H. Officers shall notify JECC of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Igrya City;* a supervisor may send officer(s) to assist in the serving of thear t, J. Upon arresting a subject on a warrant, the officer will transport sect t€r— the Johnson County Jail unless otherwise specified. =4-n K. Prior to serving a warrant outside the corporate limits of Iowa �he�frice shall: 1. Obtain the permission of a watch supervisor;. 2. Advise the JECC of the action; c. 3. Contact the local agency with jurisdiction and request the presence of a local officer during the arrest. USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest. �:�- A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the LEG-02.6 use of deadly force is only justified when a person cannot be captured any other way and either: A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. MIt is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident, directives from supervisors, B. Members of this department shall always act in accordance with the law and departmental ....--discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. •✓ W W IMMM 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. T M.rn o LEG-02.8 APPENDIX I Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the Code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted erson's dut Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them ofge incident. Foreign diplomats and consular officials may be granted immunity. In tFfese cd9 s the officer should advise the person of the nature of the stop and make a deBrr in on a'' to if the person is able to safely continue on their way. In instances when e abilityffill the operator of the vehicle is in doubt the officer should take steps to ins e: he erso safely gets to their destination. These steps may include but are not lim (fio; fticating another driver, contacting a cab, or contacting the consulate of the pers6r-rinvol d or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access publication which is available on-line at the U.S. State Department's web site. �11 Taday's Date: ICPD Inddent M Ofi er• Holk! unity: Remarks: L= Date Served: rJ_� Defendant identMed by: LEG-02.9 w January 14, 2020 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #19-03 Filed: 08/07/19 Chief's report due (90 days): 11/05/19 Chief's report filed: 11/05/19 CPRB meeting #1 (Review): 11/12/19 CPRB meeting #2 (Review): 12/10/19 CPRB meeting #3 (Review): 01/14/20 CPRB meeting #4 (Review): ??/??/?? CPRB report due (90 days): 02/03/20 CPRB Complaint #19-05 Filed: 09/03/19 Chief's report due (90 days): 12/02/19 Chief's report filed: 12/02/19 CPRB meeting #1 (Review): 12/10/19 CPRB meeting #2 (Review): 01/14/20 CPRB meeting #3 (Review): ??/??/?? CPRB report due (90 days): 03/02/20 TENTATIVE MEETING SCHEDULE February 11, 2020 March 10, 2020 April 14, 2020 May 12, 2020 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS December 2019 Date Description None.