In a memo published by the Iowa City Press-Citizen, an Iowa City Police Lieutenant has required his officers to "make at least twenty (20) self-initiated traffic stops each month". The mandate attempts to skirt Iowa law by not requiring the officers to actually write a citation for the traffic stops, but it may have still crossed the line as an illegal ticket quota. The author of the memo, Lieutenant Dan Sellers, is adamant that he has not created a ticket quota system.
"If I was to demand they (write) tickets, that would be a quota," Sellers said. "That's not what this is. Now, (officers) may have a perception it's a quota. My perception is you're being lazy and not doing your job."
Interesting that the officers that have to carry the policy out view it as an illegal quota. Hmmm, maybe if it sounds like a quota, and it looks like a quota, we can safely call it a quota. Lets take a look at what Iowa Code §321.492A prohibits:
Quotas on citations prohibited.
A political subdivision or agency of the state shall not order, mandate, require, or in any other manner, directly or indirectly, suggest to a peace officer employed by the political subdivision or agency that the peace officer shall issue a certain number of traffic citations, police citations, memorandums of traffic violations, or memorandums of faulty equipment on a daily, weekly, monthly, quarterly, or yearly basis. (emphasis added)
Now, I'm no lawyer...oh, wait...I AM A LAWYER! The language of the statute covers policies that INDIRECTLY suggest that the peace officer issue a certain number of tickets. The caveat that the officers aren't REQUIRED to write any tickets after they stop someone for a traffic violation is ludicrous.
Does Lt. Sellers really want us to believe that it will be perfectly fine with him if everybody stopped is let go without a citation?...or even half the people? The natural result of this policy is that officers will be forced to write more tickets! Officers that routinely let people go would almost certainly face scrutiny, if not outright discipline, from their superiors for failing to enforce the traffic laws. The policy is certainly suggestive of a requirement to write a certain amount of tickets, frankly it isn't even that subtle. It is similar to the problems that cropped up in Pleasant Hill, Iowa, when a secret ticket quota policy was alleged, leading to the resignation of their Chief.
This situation raises questions of credibility with the agency involved. It makes the police look heavy handed, and its bad for the morale of the officers that are forced to follow the mandate. How will judges in Johnson County react now that this policy has come to light? What happens when an officer from I.C.P.D. comes in to court to testify in a OWI case where the defense attorney is alleging a questionable traffic stop? This policy would backfire in the long run and mean good things for criminal defense attorneys.
My guess is that as more people hear about this quota "policy", the sooner we see another memo come out taking it all back. Doesn't this make you wonder what the policies are that aren't put on paper?
