HomeMy WebLinkAbout02-13-2024 CPRB Meeting PacketMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
February 8, 2024
TO:
CPRB Members
FROM:
Tammy Neumann
RE:
Board Packet for meeting on TUESDAY, FEBRUARY 13, 2024
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for February 13, 2024
• Minutes of the meeting on January 11, 2024
• ICPD Policy and Iowa Code Section re: Choke Holds
• Office Contacts — January 2024
• Complaint Deadlines
AGENDA
COMMUNITY POLICE REVIEW BOARD
THURSDAY, FEBRUARY 13, 2024 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington Street
You can watch the meeting online at any of the following websites:
hips://citychanne[4.com/live
hftps://www.youtube.com/user/citychannel4/live
In order to encourage greater input from the public, the Commission intends to offer the opportunity to
participate in the meeting remotely. However, this meeting is an in -person meeting. In the event of
technological problems, the meeting will continue in -person, so those wishing to ensure their ability to
participate should attend the meeting in -person.
If you wish instead to participate remotely, you may attempt to do so by joining the meeting via Zoom by
going to the link below to visit the Zoom meeting's registration page and submit the required information.
Once the registration is complete, you will receive an email message with a link to join the meeting. If you are
asked for a meeting or webinar ID, enter the ID number found in the email.
Link: httos://us06web.zoom.us/webinar/register[WN eFHH3s4xSOvLrLFWIVpx6g
Meeting ID: 841 9426 0761
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 01111 /24
ITEM NO. 3 NEW BUSINESS
• Community Forum Discussion
• ICPD Policy and Iowa Code Section re: Choke Holds
• Recognition of Iowa City Police Department
• Emergency Vehicle Siren Definitions
ITEM NO. 4 OLD BUSINESS
None
ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators
shall address the Board for no more than 5 minutes. The Board shall not
engage in discussion with the public concerning said items).
ITEM NO. 6 BOARD INFORMATION
Ifyou will need disability -related accommodations to participate in this program/event, please contact
Tammy Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged
to allow sufficient time to meet your access needs.
CPRB-Page 2
February 13, 2024
ITEM NO. 7
ITEM NO. 8
ITEM NO. 9
ITEM NO. 10
STAFF INFORMATION
MEETING SCHEDULE and FUTURE AGENDAS
• March 12, 2024, 5:30 p.m. — Helling Conference Room
• April 9, 2024, 5:30 p.m. — Helling Conference Room
• May 14, 2024, 5:30 p.m. — Helling Conference Room
• June 11, 2024, 5:30 p.m. — Helling Conference Room
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.
ADJOURNMENT
If you will need disability -related accommodations to participate in this program/event, please contact
Tammy Neumann at 319-356-5043, tneumann@iowa-city. org. Early requests are strongly encouraged
to allow sufficient time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — JANUARY 11, 2024
CALL TO ORDER Vice -Chair Ricky Downing called the meeting to order at 5:34 P.M.
MEMBERS PRESENT: Ricky Downing, Jessica Hobart, Jerri MacConnell, Orville Townsend
MEMBERS ABSENT: Melissa Jensen, Saul Mekies, Amanda Remington
STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford
OTHERS PRESENT: ICPD Chief Dustin Liston
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB 23-10 Public Report
(2) Accept CPRB 23-11 Public Report
CONSENT CALENDAR
Motion by Townsend, seconded by MacConnell to adopt the consent calendar as presented.
Minutes of the meeting on December 12, 2023
ICPD Memorandum — Quarterly Summary Report IAIR/CPB, 4'" Qtr. 2023
Correspondence received from Tamara Recker (Staff response included)
Motion carried 4/0. Jensen, Mekies and Remington absent.
NEW BUSINESS
ICPD Policy and Iowa Code Section re: Choke Holds — This item was deferred to the February 13,
2024 meeting due to the absence of the board member that requested this discussion.
Recognition of the Iowa City Police Department — This item was deferred to the February 13, 2024 as
attending board members would like to have the entire Commission present to move forward with this
discussion.
OLD BUSINESS
None
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
No public comment.
BOARD INFORMATION
MacConnell asked to discuss the difference in the police vehicle sirens at the February meeting. This
item will be added to New Business on the February 13, 2024 meeting agenda.
STAFF INFORMATION
None.
January 11, 2024
Page 2
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• March 12, 2024, 5:30 PM, Helling Conference Room
• April 9, 2024, 5:30 PM, Helling Conference Room
• May 14, 2024, 5:30 PM, Helling Conference Room
Jensen will be absent from the March 12, 2024 meeting. Counselor Ford will also be absent in March.
The Board agreed that no changes are necessary to the existing meeting schedule.
EXECUTIVE SESSION
Motion by Townsend, seconded by MacConnell, to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a condition for that government body's
possession or continued receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of supervisors and school
districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized
elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of government, to
the extent that the government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from making them to
that government body if they were available for general public examination.
Motion carried 4/0. Jensen, Mekies, Remington absent. Open session adjourned 5:38 p.m.
REGULAR SESSION
Returned to open session at 5:55 p.m.
Motion by Townsend, second by MacConnell, to accept CPRB Complaint 23-10 Report as amended
and forward to City Council.
Motion carried 4/0. Jensen, Mekies, and Remington absent.
Motion by Townsend, second by MacConnell, to accept CPRB Complaint 23-11 Report as amended
and forward to City Council.
Motion carried 4/0. Jensen, Mekies, and Remington absent.
ADJOURNMENT
Motion by Townsend, seconded by Hobart to adjourn.
Motion carried 4/0. Jensen, Mekies, and Remington absent
Meeting adjourned at 5:58 p.m.
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COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
January 11, 2024
To: City Council
Complainant
City Manager
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #23_10
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #23-10 (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).)
2. 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 Chief's 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)(3)).)
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 June 22, 2023. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chiefs Report was filed with the City Clerk on September 26, 2023. As per Section 8-8-6(D) of the
City Code, the Complainant was given the opportunity to respond to the Chief's report.
The Board voted on December 12, 2023 to apply the following Level of Review to the Chiefs Report: On
the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7 (B)(1)(a).
The Board met to consider the Report on December 12, 2023 and January 11, 2023.
Prior to the December 12, 2023 meeting, the Board had the opportunity to review the complaint, the
Police Chief's report, and to watch and listen to body worn camera and/or in -car camera footage
showing the interaction between the officers and the complainant.
FINDINGS OF FACT:
The complainant reported his involvement in an accident two days after the event. He felt his
interaction with the Iowa City Police Department had been unfair. He wanted his recent accident
classified as a "Hate" crime. He reported that he had been to the emergency room. The police
investigation included a report from the emergency room saying there had been no physical damage
and that he had been released the same day on his own. There was no further medical care
indicated. The complainant said that a black vehicle, which he was following, had suddenly slowed to
make a turn. It happened so suddenly that he turned his moped into the curb and both he and his
vehicle fell. He felt this was an intentional act to try and kill him. He said that he had similar interactions
with this black vehicle. He also said that no action has been taken by the police as the officer taking
the report found that his mother-in-law had been the driver. The police did check with the owners of
several black vehicles, but none had issues of the kind the complainant had claimed. Chief Liston said
that no police officer had a mother-in-law matching the description given by the complainant.
COMPLAINANT'S ALLEGATION #1 — Violation of 323.5. Required reporting -
In all of the following situations. members shall complete reports using the appropriate
department approved forms and reporting methods. unless otherwise approved by a supervisor.
The reporting requirements are not intended to be all-inclusive. A member may complete a
report if he/she deems it necessary or as directed by a supervisor.
323.5.1 Criminal Activity: When a member responds to a call for service, or as a result of self -
initiated activity becomes aware of any activity where a crime has occurred, the member shall
document the incident regardless of whether a victim desires prosecution. Documentation may
include a report or department approved alternative reporting method as described in this
section.
Activity to be documented in a written report includes:
(a) All arrests.
(b) All felony crimes.
(c) Non -felony criminal incidents involving threats or stalking behavior.
(d) Situations covered by separate policy. These include:
(a) Use of Force Policy
(b) Domestic Abuse Policy
(c) Child Abuse Policy
(d) Adult Abuse Policy
(e) Hate Crimes/Incidents Policy
(f) Suspicious Activity Reporting Policy
(e) All misdemeanor crimes where the victim desires a report.
Misdemeanor crimes where the victim does not desire a report shall be documented using the
department -approved alternative reporting method (e.g., a dispatch log).
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion:
After viewing the video, the Board determined there was no criminal activity that required reporting
pursuant to Policy #323.5.1. The complaint is not sustained.
COMPLAINANT'S ALLEGATION #2 — Violation of General Order 99-09, Vehicle Crashes.
The Iowa City Police Department will respond to all vehicle crashes which occur within the
corporate limits of Iowa City. Members of this department will comply with state reporting
requirements . (See Iowa Code 321.266) In incidents that do not meet the state mandated
reporting requirements, officers will respond and will fill out an "accident report" for submission to
Iowa City Police Department records section. All accidents will be sufficiently investigated to
determine the facts surrounding the accident.
D. Hit and Run Crashes. Hit and run crashes will be investigated to the extent possible.
Upon arrival at the scene the responding officer should broadcast any suspect vehicle or
driver information as soon as possible.
Iowa Code 321.266
1. The driver of a vehicle involved in an accident resulting in injury to or death of any person
shall immediately by the quickest means of communication give notice of such accident to
the sheriff of the county in which said accident occurred, or the nearest office of the state
patrol, or to any other peace officer as near as practicable to the place where the accident
occurred.
2. The driver of a vehicle involved in an accident resulting in injury to or death of any person, or
total property damage to an apparent extent of one thousand five hundred dollars or more
shall, within seventy-two hours after the accident, forward a written report of the accident to
the department. However, such report is not required when the accident is investigated by a
law enforcement agency.
3. Every law enforcement officer who, in the regular course of duty, investigates a motor
vehicle accident of which report must be made as required in subsections 1 and 2, either
at the time of and at the scene of the accident or thereafter by interviewing participants or
witnesses shall, within twenty-four hours after completing such investigation. forward a
written report of such accident to the department.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion:
The body cameras and the audio showed no violation of General order 99-09 because the department
adequately investigated the alleged accident.
COMMENTS:
None
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
January 11, 2024
To: City Council
Complainant
City Manager
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #23-11
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #23-11 (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).)
2. 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 Chief's 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)(3)).)
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 July 24, 2023. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chiefs Report was filed with the City Clerk on October 10, 2023. As per Section 8-8-6(D) of the
City Code, the Complainant was given the opportunity to respond to the Chief's report. No response
was filed.
The Board voted on December 12, 2023 to apply the following Level of Review to the Chiefs Report: On
the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7 (13)(1)(a).
The Board met to consider the Report on December 12, 2023 and January 11, 2024.
Prior to the December 12, 2023 meeting, the Board had the opportunity to review the complaint, the
Police Chief's report, and to watch and listen to body worn camera and/or in -car camera footage
showing the interaction between the officers and the complainant.
FINDINGS OF FACT:
Police were called to the subject's Mother's house, where she met the officer and explained the
situation to the officer. Subject was drinking alcohol and being disruptive during his stay at
Mother's home. Mother feared bodily harm if the subject was to remain at her house. With the
involvement of the mental health liaison, it was deemed necessary for subject to be placed elsewhere
to be evaluated for mental state.
COMPLAINANT'S ALLEGATION #1 — Violation of 300.3. Use of Force.
Officers shall use only that amount of force that reasonably appears necessary given the facts and
circumstances perceived by the officer at the time of the event to accomplish a legitimate law
enforcement purpose. The application of any use of force compliance shall be discontinued once
the officer determines that compliance has been achieved.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion:
After viewing available video footage, the complainant's allegation is unsubstantiated. The officers'
were professional and courteous throughout their interactions. The officer used minimal force when
subduing the subject(handcuffing) but in a manner that didn't implicate a Use of Force violation.
COMPLAINANT'S ALLEGATION #2 — Violation 320.5.9f. Conduct.
Officers shall not be discourteous, disrespectful, or engage in discriminatory treatment of any
member of the public or any member of this department or the City.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion:
After viewing available video footage, the complainant's allegation is unsubstantiated. The officers'
were professional and courteous throughout their interactions.
None
300.3.5 CHOKE HOLDS, LATERAL NECK RESTRAINTS, AND SIMILAR
COMPLIANCE TECHNIQUES
Best Practice
MODIFIED
a. Choke holds, lateral neck restraints, and similar compliance techniques that are specifically
designed or intended to restrict the ability to breathe or the flow of blood to the brain, or
any intentional and prolonged application of force to the throat or windpipe of another that
prevents or hinders breathing or reduces the intake of air, are prohibited except:
1. Where a person cannot be captured any other way; and
2. The person has used or threatened to use deadly force in committing a felony, or
a. The officer reasonably believes the person would use deadly force against
any person unless immediately apprehended; [Note: 1 and 2 are
requirements that must be present before the exception on the use of
chokeholds in Section 804.8 of the Iowa Code applies.], and
3. It is the only reasonable means of protecting oneself or a third party. [Note: 3 is an
additional City of Iowa City requirement that must be present before the exception
applies.]
b. If utilized, the technique must be immediately loosened or released if the individual on
whom it is being applied becomes compliant.
c. Any individual who has been subjected to a lateral choke hold, neck restraint, or similar
compliance technique, regardless of whether he/ she was rendered unconscious, shall be
promptly examined by emergency medical services and shall be monitored until examined
by medical personnel.
d. The officer shall inform any person receiving custody, or any person placed in a position of
providing care, that the individual has been subjected to a choke hold, lateral neck restraint,
or similar compliance technique and whether the individual lost consciousness as a result.
Any officer applying a choke hold, lateral neck restraint, or similar compliance technique shall
promptly notify a supervisor of the use or attempted use of such hold. A use of force report shall be
completed
FILED
JAN 02 2024
City Clerk
Iowa City, Iowa
COMMENCEMENT OF ACTIONS —ARREST — DISPOSITIONS OF PRISONERS, §804.8
804.8 Use of force by peace officer making an arrest.
1. 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 farce or a
chokehold is only justified when a person cannot be captured any other way and either of the
following apply:
a. The person has used or threatened to use deadly force in committing a felony.
b. The peace officer reasonably believes the person would use deadly force against any
person unless immediately apprehended.
2. 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.
3. For purposes of this section, "chokehold" means the intentional and prolonged
application of force to the throat or windpipe that prevents or hinders breathing or reduces
the intake of air.
[C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §804.8]
2013 Acts, ch 90, §238; 2020 Acts, ch 1037, §2
Referred to in §704.12, 811.8
Reasonable or deadly force, see chapter 704
FILED
JAN 02 202,1
City Clerk
Iowa City, Iowa
Sun Jan 01 19:53:09 2023 Iowa Code 2023, Section 804.9 (19, 0)
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
January 2024
Date Description
None
February 13, 2024 2023 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #23-12
Filed:
O8/13/23
Chiefs report due (90 days): 11/11/23
Chief's report filed: 11 /06/23
Complainant's response to the Chiefs report 11/27/23
(21 days to respond, no response received)
CPRB meeting #1 (Review): 11/14/23
CPRB meeting #2 (Review): 12/12/23
CPRB meeting #3 (Review/Revise Draft Report) 02/13/24
CPRB report due 02/25/24
(90 days from the date of the Chief/City
Manager's response to the complainant
or Complainant's response deadline if
no response received)
CPRB Complaint #23-15
Filed: 12/20/23
Chief's report due (90 days): 03/19/24
Chief's report filed:
Complainant's response to the Chief's report ??/??/??
(21 days to respond, no response received)
Chief/City Manager response to the
Complainant's response (10 days to respond): ??/??/23
CPRB meeting #1 (Review): ??/??/23
CPRB meeting #2 (Review): ??/??/23
CPRB report due
(90 days from the date of the Chief/City
Manager's response to the complainant
or Complainant's response deadline if
no response received)
February 13, 2024 2023 Mtg Packet
CPRB Complaint #24-01
Filed:
Chiefs report due (90 days):
Chiefs report filed:
Complainant's response to the Chief's report
(21 days to respond, no response received)
Chief/City Manager response to the
Complainant's response (10 days to respond):
CPRB meeting #1 (Review):
CPRB meeting #2 (Review):
CPRB report due
(90 days from the date of the Chief/City
Manager's response to the complainant
or Complainant's response deadline if
no response received)
01 /25/24
04/24/24
??/??/23
??/??/23
??/??/23
TENTATIVE MEETING SCHEDULE
March 12, 2024
April 9, 2024
May 14, 2024
June 11, 2024
LATE HANDOUTS —The
following document/s
were distributed after
the meeting agenda
was posted and prior
to the meeting.
300.3.5 CHOKE HOLDS, LATERAL NECK RESTRAINTS, AND SIMILAR
COMPLIANCE TECHNIQUES
A. Choke holds, lateral neck restraints, and similar compliance techniques that are specifically
designed or intended to restrict the ability to breathe or the flow of blood to the brain, or any
intentional and prolonged application of force to the throat or windpipe of another that prevents or
hinders breathing or reduces the intake of air, are prohibited except:
1. Where a person cannot be captured any other way; AND
2. (a) The person has used or threatened to use deadly force in committing a felony; OR
(b) The officer reasonably believes the person would use deadly force against any person unless
immediately apprehended;
[Note: 1 and 2 are requirements that must be present before the exception on the use of choke
holds in Section 804.8 of the Iowa Code applies.]
Ili 17
3. It is the only reasonable means of protecting oneself or a third party.
[Note: 3 is an additional City of Iowa City requirement that must be present before the exception
applies.]
B. If utilized, the technique must be immediately loosened or released if the individual on whom it is
being applied becomes compliant.
C. Any individual who has been subjected to a lateral choke hold, neck restraint, or similar
compliance technique, regardless of whether he/ she was rendered unconscious, shall be promptly
examined by emergency medical services and shall be monitored until examined by medical
personnel.
D. The officer shall inform any person receiving custody, or any person placed in a position of
providing care, that the individual has been subjected to a choke hold, lateral neck restraint, or
similar compliance technique and whether the individual lost consciousness as a result.
E. Any officer applying a choke hold, lateral neck restraint, or similar compliance technique shall
promptly notify a supervisor of the use or attempted use of such hold. A use of force report shall be
completed.