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All-Points Bulletin • Official Publication of the Utah Peace Officers Association • August 2016

Utah Peace Officers Association New Officers:

July 7, 2016 swearing in of officers. Many thanks to Sgt Doug Eastman, Lindon City PD for his past year as UPOA's President. (top photo, far left). Swearing in of new President, Officer Eric Whitehead, Lindon City PD (middle, top photo) and Vice President UHP Trooper Arlow Hancock (top right). Also sworn in via video conference was Iron County Deputy John Englestead, President Elect. All board members sworn in by Cody Cullimore, Lindon Police Chief, UPOA President 1998-1999.

Please note:

UPOA’s fall magazine coming out late September will be a Memoriam Issue. Watch for coverage and stories about:

Officer Douglas Barney, K9 Officer Aldo, Deputy Leon Albert May, Disabled Officer Greg Sherwood and his families’ journey to be recognized in Washington DC for Police Week 2016. We will also have stories and updates of blue family traveling to other states for funerals and updates on some of our own blue families and how they are doing.

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President’s message: The list I could write about is endless, but I wanted to use this message to say some thank you’s.

First, to our past President Doug Eastman, THANK YOU! You are a good example and leader and we are all grateful for your tenure as President.

I also wanted to take the time to thank many of you and your families.

After the shooting in Dallas I posted this message: “UPOA President message.... As we ponder and pray for our brothers and sisters in Texas we grow more speechless as more photos, stories and news is released. This is the largest incident loss of LEO's since September 11, 2001. We feel helpless to the families of these fallen officers, the wounded officers, and all of their department who is holding the line for peace while they grieve. There IS something we can do and wish to facilitate to send thoughts, prayers and sympathy from Utah. UPOA will collect cards from now until Saturday, July 23 and mass mail them to Dallas Police Chief David Brown. Please do one of the following; mail your card to: Utah Peace Officers Association, 5671 S Redwood Rd, #19, Taylorsville, UT 84123. Please put one of the following on the envelope to reflect the card inside. These cards will be mailed sealed. Attn: Beloved Officer (for brothers and sisters grieving) Attn: Dear Wounded Officer, OR Attn: Beloved Fallen Family

We hope and pray for these families and law enforcement as a whole. Godspeed and deepest condolences and prayers to Texas. Eric Whitehead, President” Brigitte Dawson Hein. She has been a past president, but also our Editor for years. THANK YOU SO MUCH!!!!! You left big shoes to fill and so many memories and stories. Had you not documented these, we wouldn’t have the ability to share them.

These Sponsors ROCK!!!! Please be sure to stop by and give

them your business!!

Chavez TiresCalvin @ Home Auto Repair 

M&M Autocare Skyline Inn

Vand Hanks & Sons Kate @ Sky Nails Cleo Atkins

Independent Funeral Services 

Lagher Auto RepairWildflowers Bed & Breakfast 

Lucky Dog Pet Grooming   Sushi HouseMexico Tire & Auto Repair 

Oriental Market Metro Precision Grinding    ZJoya’s Maria

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Weber County Cadet Corps

Is a program focusing on youth desiring a future in Law Enforcement? It provides the opportunity to work as a Volunteer alongside the Deputies in Corrections and Enforcement Divisions. The Sheriff’s Office also uses the Cadet Corps as a recruitment tool to help fill positions at the Sheriff’s Office.

The Cadet Corps program trains Cadets in various classes, from traffic control to firearms training. We work with Cadets to have as many experiences in Law Enforcement as possible. The program helps give them a realistic picture of what a Law Enforcement Career will be like, while under the safety of a Deputy.

Many of our past Cadets are now employees of the Sheriff’s office, either in sworn or non-sworn positions. The program also allows Deputies to mentor youth and help connect us with the communities we serve.

Weber County Sheriff’s office is very fortunate to be given the opportunity to help build and mold the future in Law Enforcement. The Cadet Corps is always looking for new members both male and female from the ages 16-21, and who are interested in a career in Law Enforcement. For more information you can email questions to cadetcorps@co.weber.ut.us.

Utah Department of Public Safety Commissioner Keith Squires has appointed Michael Rapich as Colonel of the Utah Highway Patrol. We want to send our best wishes to former Colonel Daniel Fuhr who is retiring after more than 21 years of dedicated service. We are excited to introduce you to Colonel Mike Rapich! In our first ever Change of Command ceremony, we thank Col. Daniel Fuhr for his years of dedicated service to the patrol and welcome the 18th Superintendent of the Utah Highway Patrol, Colonel Michael Rapich.

Thank you to our sponsors: 

Uniform West Supply 237 W. 8600 S. Midvale, Utah 801.561.7011 

Warren’s Drive Inn 3544 Lincoln #1 Ogden, Utah 801.621.4350 

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THIS WEEKEND…. Are you registered?

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A message from Utah Chapter of C.O.P.S. President Laretta Beesley:

The COPS mission statement is to help the families of the fallen officers rebuild their shattered lives. I have seen this happens with different families across the country. Being in COPS has helped me look at people and situations differently. I feel a healing while trying to help the families of other Fallen Officers. All of our activities are centered around helping families to rebuild their lives....from small children's camps to widow, parents, and co-worker retreats and on and on. It Is an organizations based on giving back thru healing lives.

CONGRATULATIONS TO C.O.P.S. nationally for being #1 --- WAY TO GO!!!

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Forza FC wants to show our support and appreciation for law enforcement by decorating each field site and the tournament headquarters with flags, banners, ribbons and fundraising booth, while also donating all proceeds from the speed kick challenge to Officer Barneys family to assist them with their trip to Washington D.C. for the Law Enforcement Memorial in honor of Officer Barney!

Charles James Cayias Insurance 2150 S 1300 E, #100, SLC

801.488.0085

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Many thanks to our DPS Dive Team. They provided a great day of training to U.S. Naval Seal Cadets –Jake Garn Squadron.

Stewart Bros. Electric

870 West 560 North Cedar City, Utah (435) 586-4353

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Brody Young Scholarships

Congratulations!!!! Three scholarships were given out yesterday, August 4, 2016. Congratulations to those who received the Brody Young Scholarships awarded to Morgan Kotter, Jessica Hancock, and Marci Welker.

A huge shout out to all our Sponsors as well - Snow, Christensen & Martineau (Heather White), Durham, Jones & Pinegar (Blake Hamilton), Emery County Sheriff's Office, Honorary Colonels of Davis County (Brian Weese) Homes For Heroes, Magnet Forensics (Corey Johnson), Utah Law Enforcement Memorial, Utah State Prison Employees Association, Utah Conservation Officers Association, Salt Lake Police Association, JJ & Shouyu Wang, Columbia College, Utah Highway Patrol Association, Ride with Respect, Moab Brewery and Big Horn Lodge. We could not do this without you!!!

***EVENT IS FREE*** The 2017 Utah Firefighter Launch Party is taking place on September 9th, hosted by Public Coffee Roasters on 975 S West Temple in Salt Lake City. This year’s event will feature Salt Lakes #1 female Meteorologist, Allison Croghan! She will be taking the stage with 2016 Firefighter Calendar Alumna, Dave Ulibarri. This is the event that you definitely will not want to miss!! Come purchase your 2017 Utah Firefighter Calendar, and meet the firefighters that grace it's pages. Get an autograph, grab a delicious coffee, and hang out with date or bring anyone you want, music, snacks and beverages will all be available, it's all for a good cause and proceeds from calendar sales all go to American Cancer Society. YOU DON'T WANT TO MISS THIS!!

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Puma Easy Riders By: BL Smith UPOA State Training Coordinator

It all started in the early to mid 70's, a lifetime ago for me. As a 'New Centurion' (name of a cop book written by LAPD Sergeant Joseph Wambaugh in 1971) I knew I had to stay in shape to be a new centurion in Salt Lake City. I took up running to stay in good physical condition.

OK running might be stretching it a bit. Jogging, that may be a better term for it. I didn't know much about running so I started in converse tennis shoes and my Marine field jacket I brought home when released from the military. Yes I was sweating when I completed my runs. I quickly learned a few of the tricks of running. I subscribed to Runner's World magazine which taught me a lot. First off I was wearing the wrong shoes and dressing like an idiot! It was time for some new running shoes.

Running shoes were kind of a new thing back then. I searched around and tried different ones on. I really didn't feel they were all that supportive. They were soft compared to every other tennis shoe I had worn. Once I started walking/jogging with them it was a different story. WOW! I felt like I was walking on pillows. There was no stress on my feet. I was ready to rock and roll!

After the new shoes my mileage went up. I enjoyed running and hitting that runners high where it's like turning on cruise control. You just go with no effort it seems like. I started out with a base of four miles, two out and two back. One day wife #2 was with me and we were headed south on 700 west coming up to 9000 south. I car came up behind us and chucked a beer bottle at us. It broke and sprayed our feet with broken glass cutting her but not me. Not to worry. Just to the east of us was Sandy City Police K-9's working their dogs. I ran over and pointed to the suspects just turning west on 90th. They were so excited about the incident that they continued to train their dogs and ignore my plea for assistance. (Of course that would never happen now! I am on their payroll:)

I gradually bumped up the miles and started running (participating) in numerous races on Saturdays. I met a lot of different and nice people at these races. The first time I did a ten miler I remember heading westbound over the 10600 South overpass of I-15. That was 40 years ago and there was nothing but fields out there and a few houses. Rocky (that's Rocky One, not a sequel) was a new movie and it felt great lifting my arms up going over I-15 feeling the satisfaction of putting those miles behind me.

Another lesson I had to learn the hard way. If you have kids you probably ask them to 'go' before you take them anywhere. That saves you from making unexpected stops along the way to your destination. Welllllll, on one of my longer runs I was glad I was in a rural area because it hit me (You know what I am talking about don't you?). I was several miles from home. There was no way I was going to make it home in time. An abandoned broken down old home was my safety net. I never made that mistake again.

I was really enjoying my running. It got to the point that I was obsessed with it. I just couldn't stand not having a run under my belt each day. One day I was running in a neighborhood in Midvale. I was in the zone you might say when a car passed very close to me. So close it was that the passenger, a female, had patted my butt! I heard them giggling as they drove off. Well two can play at that game! I had gotten their license number and when I got home called Midvale PD and an office I knew came over and we planned what was going to happen next. The car was registered in Midvale so my friend went to the house to investigate an 'assault.' He called me later and we both had a good laugh about it.

Not all close calls with cars are like the one I just mentioned. There are some real 'not so nice' people out there, as we all know. I started carrying about a 2 to 2 1/2 foot metal bar that was hollow on the inside. It was perfect for twirling. When cars or dogs started getting to close I just started twirling that bar and they gave me a wide berth. On at least one occasion a smaller dog ran at me barking from across the street. He didn't make it all the way as a car took him out. A leash or chain would have kept that small dog alive. Dogs that did make it got a 'bop' from my metal pipe. That always stopped their attack. Thankfully I did not have to-do many of those.

As I started to prepare for my first marathon I would run to work on Saturdays. I lived in southeast Sandy at that

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time and worked at the Salt Lake East Patrol Division. It was a little over 14 miles to work. No, no one had take home cars at that time. It would take me around two hours to run to work. I worked afternoon shift.

My first marathon was going to be the 1977 Deseret News Marathon. I wouldn't be 'working' the parade/run that year but participating in it. I had to get up way early to be up the canyon by 0530. We were bused to the starting line. When the gun went off to start the race It took me a full 2-3 minutes to just get to that starting line. There was that many people running!

I was happy just to finish that marathon without stopping, which I did. That was one of the years that there was a 'finisher' shirt given to those who finished. I finished, I got the shirt. Since I was working afternoons that day I wore that finisher shirt over my uniform at line-up. That was a great feeling. To my knowledge I was the first one on our department to complete a marathon. Over the years many others have completed them.

I ran the Golden Spike marathon with a local FBI agent. I ran the St. George with two other Salt Lake Officers. Gary Fillerup was one. He was one workhorse when it came to running. I believe he did it in 315. I did my personal best in that one with a 329. After that I ran the Deseret again. Four marathons in 14-15 months. That was enough for me. One thing I learned from experience is you don't change your shoes during a marathon. I thought I would put another pair on at 20 miles and cruise to the finish. Duh! Your feet swell quite a bit when running 20 plus miles. I never did that again!

I continued to run. When I left detectives and went back to patrol (I believed they called it 'Career Development.') in 88 I was on graveyards until a shift change came up. I would take my 'lunch' around 0500, run over to Liberty Park, do a lap and run back to the station. That woke me up! I had no problem staying awake after that.

The statute of limitations has run out so I will tell you about the one time my 'runner's high' got me to-do something I shouldn't have. I am cruising liberty park doing lap after lap after lap. I am easily a dozen miles into the run when I spotted one of our units parked under a tree. I am sure he was doing police reports and observing suspicious activity. He couldn't have been reading a book (this is WAY before Kindles and such). I don't know what came over me but on one lap I ran up his bumper/trunk to his roof, off the roof to the hood, off the hood back on pavement, turned and waved to him. Maybe that is why I was on probation for decades!

I became involved in the Utah Special Olympics Law Enforcement Torch Run in the mid 80's. I spent several years either participating and/or heading up the Salt Lake County Leg before becoming the state coordinator for the event in the early 90's. That was a lot of fun. I was able to be with the torch, as it ran all through Utah, meeting the officers and the Special Olympians. Every night we had a 'park event' somewhere in Utah. The largest turned out to be in Blanding Utah where we had over 500 people at the event. That was awesome! When we left the following morning running the torch back north one Native American boy (late teens I believe) ran with the torch all the way to Monticello. If memory serves that is 20-21 miles.

In 1987 I was selected to represent the State of Utah in the National Law Enforcement Torch Run. The International Chiefs of Police had adopted Special Olympics worldwide as a charity to support. In 1987 over 30,000 police officers worldwide ran over 26,000 miles in support of Special Olympics. I was able to represent the State of Utah with an LEO from each state and the District of Columbia as we ran from Soldier Field in Chicago through 22 cities (communities) ending five days later at Notre Dame where the Games would be played that year. I wrote an article about my experience in 1987 winter edition of the Utah Peace Officer magazine.

After 20 plus years of running the knees gave out. I was still playing a lot of racquetball so kept exercising. One knee has been replaced, now waiting for the other one to fail. I miss the solitude of running with your mind going through everything going on in your life. There were times when I wish I had a small recorder to record things that came up during a run but were forgotten when I got back home. If I could have just remembered I know I could have solved a lot of this worlds problems (or more importantly, mine)!

I don't run anymore. I do have a picture of the Salt Lake Police Marathon Medley team. It is of myself, Morgan

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Sayes, and Mark Askerlund holding a trophy in front of the BYU stadium. Shane Jones and Shirley Whitworth didn't stay for the photo op. The marathon medley was an annual event where departments ran against each other. POST and UHP won the majority of those first place trophies. I still remember my Puma Easy Rider shoes. It's interesting the things one remembers. When I retired I had three, three ring binders of 'stuff.' People would look through them and wonder about the third binder. I had to tell them the first two were my good guy binders, the third, however, contained a lot of why I was on probation for decades! That, though, is another story. Take care and stay safe.

Les Schwab Tire Center 144 W 7200 S, Midvale, UT 84047 801.562.0450

Hendrickson Painting 960 W Jewell Ave., Salt Lake City, UT 84104 801.908.7607

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Bloat, or GDV (gastric dilatation and volvulus) is an important cause of illness and death in working dogs. In GDV, the dog’s stomach fills with air and twists around itself, cutting off its own blood supply and that of the spleen. The pressure from the distended stomach impedes blood flow through the body and can lead to multi-organ failure. Dogs quickly become shocky, and can die within hours without veterinary treatment.

Bloat is more common in large breed dogs, particularly deep-chested breeds such as German Shepherds. Most of the other common working dog breeds, including Belgian Malinois, Dutch Shepherds, and Labrador Retrievers, are also at risk. The risk of GDV increases as dogs age. Another risk factor is stress, which our working K9s experience all too often.

Symptoms of early bloat are restlessness, anxiety, pacing, drooling, and unproductive retching—trying to vomit but not bringing anything up (because the stomach is twisted around so food cannot exit the stomach). As the condition progresses, dogs become shocky and painful. The stomach may be visibly distended just behind the rib cage, with a hollow “volleyball” feel. Other signs are a rapid heart rate (feel the heart beat on the chest behind the elbow), increased breathing effort, pale gums, and collapse.

For a K9 handler or officer, the most important aspect of first aid for bloat is to rapidly recognize that the dog is in distress and immediately transport him to a veterinary hospital. The longer the stomach remains twisted, the worse the dog’s prognosis becomes. Handlers who have been trained may attempt to decompress the stomach in the field with a needle/catheter.

Treatment of bloat involves immediate stabilization with IV fluids and decompressing the stomach, and then emergency surgery to de-rotate the stomach, stop any hemorrhage from torn blood vessels, assess the viability of the stomach and spleen (and potentially remove devitalized tissue), and perform a gastropexy. In the gastropexy, the stomach is permanently attached to the inside of the abdominal wall, so that it can’t rotate again. Dogs usually remain in the hospital several days post-op.

Bloat was the fifth most common cause of death in military working dogs (MWD’s) before the DOD instituted mandatory preventative gastropexies before any MWD is deployed. Many contract working dogs (CWD’s) currently in Afghanistan also receive a preventative gastropexy. Law enforcement agencies may consider having the procedure done for their K9’s, especially if the K9 is often working in remote areas away from emergency veterinary care. There is a genetic component to GDV, so a dog who has had a close relative bloat should definitely have a preventative gastropexy performed.

The survival rate of dogs treated for GDV is about 85%. With prompt recognition and treatment of bloat, the K9 should be able to return to duty within a few weeks.

Laura McLain, DVM, is the team veterinarian for FEMA Urban Search and Rescue—Utah Task Force 1 and has a passion for working dogs. She is available to provide K9 first aid and life support training for K9 officers/handlers and medics, at no charge to agencies. She can be reached at 801-652-8416 or lauramclaindvm@gmail.com.

“Bloat” in Working K9s By Laura McLain, DVM 

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In light of recent events around the country and in our own community, we are all reminded of the potential dangers we face when it comes to protecting our school children. Fortunately, we have not had to deal with an actual shooter in any our schools, but that threat is real and we are constantly preparing for it. Over the past week, school resource officers and deputies from the Sheriff’s Office have dealt with an increase in potential threats at a number of our schools within Weber County. None of these threats posed an immediate danger to any students, and in fact, some of them turned out to be hoaxes. Each was handled on a case-by-case basis as we worked closely with officials from the Weber School District. One particular case involved a prank about a possible bomb threat. The student responsible for the hoax was arrested and booked into a juvenile detention center on the felony charge of making a terroristic threat. The Sheriff’s Office and the Weber School District take a hard-line approach when dealing with these kinds of situations and there will be zero tolerance for these types of antics. Other situations turned out to just be based on rumors that started circulating amongst students, but regardless, each situation was thoroughly investigated to make sure there was no credible threat. Over the past couple of years, the Weber County Sheriff’s Office has been implementing innovative procedures to help prepare for these types of situations, as well as putting in place many preventative measures. The Sheriff’s Office has forged a strong relationship with the Weber School District and our charter schools while developing safety plans and training for each individual school. Working in conjunction with administrators, teachers and faculty, safety drills continue to be practiced at schools throughout Weber County. These drills emphasize proper planning and procedures, as well as familiarizing deputies with lay-out of each school. After each exercise, deputies and school officials critique their performance and offer ideas for improvement. This working relationship between law enforcement and educators in developing a Standard Response Protocol (SRP) is essential in making sure we are at the highest level of readiness in the event of an emergency. In addition to conducting lockdown and lockout drills, the Sheriff’s Office has also implemented an advanced training course called A.L.E.R.R.T. (Advanced Law Enforcement Rapid Response Training). This nationally-sponsored, two day course is designed to prepare first responders to isolate, distract, and neutralize an active shooter. Officers receive practical, hands-on training while engaged in dynamic “force on force” scenarios. We have also been instrumental in developing a student safety training program for educators who wish to carry a concealed weapon while at work. This 28-hour course instructs teachers and administrators how to prepare for an active shooter situation, and what defensive measures they can take to help ensure the safety of their students. Officials take part in hands-on, live action scenarios, study the history of active shooters and law enforcement response, learn traumatic injury life saving measures, obtaining necessary medical supplies, cover critical statutory elements of the use of force, and demonstrate firearms proficiency training on the range.

WORKING TOGETHER TO KEEP OUR CHILDREN SAFE

By: Sheriff Terry L. Thompson, Weber County Sheriff’s Office

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In 2014, the Weber School District in conjunction with the Ogden City Police Department’s Real Time Crime Center, introduced the “Friend’s Hotline” in Weber County. This hotline is set-up so that students can text anonymously about possible safety threats or problems occurring in their school. By entering the word “Friends” followed by a space and the school’s name, a student can enter a message and send the text to 274637 (CRIMES), which routes the text to the Crime Center where it is received and evaluated. This allows students who may be uncomfortable in coming forward in person with information, to anonymously report tips to law enforcement.

The Sheriff’s Office has full-time deputies assigned to each of our high schools and junior high schools within Weber School District. These deputies along with a NOVA deputy also service our elementary schools. Our deputies work hand-in-hand with students and school officials to promote a safe learning environment for everyone. Deputies not only enforce the law, but they act as mentors, counselors, and role models. Their presence is a key deterrent for criminal behavior while providing a vital contact person for students to immediately go to if there is a problem in the school. We also want to encourage parents and students to continue to be vigilant in reporting suspicious behavior or possible threats.

The Sheriff’s Office wants to ensure the public that the safety of our children is one of our top priorities here in Weber County, and that we are doing everything we can to prevent and prepare to respond to any threat that we may face in our school system.

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“Homily” or sermon from days of old. Given at, St. John the Baptist. Parish

Fifteenth Sunday in Ordinary Time July 10, 2016 Maddison, Tyler, Paris, Alton, José, Abril, Philando, Michael, Patrick, Lorne, Michael, Brent, and Patrice. This has been a very difficult ten days for a great many people. All the names I read were people who died violent deaths in these past ten days. Two of the names were men who were killed by two different police officers in separate incidents. Five of those names were police officers who, while protecting the rights of demonstrators, mingled with the demonstrators and both police and protestors tried to restore relationships and trust. The officers were ambushed by a single gunman and killed. Five of the names I just read were local kids, all twenty years old or younger who were murdered here in Utah in just these past ten days. And this weekend, the Lord wants me to talk with you about loving your neighbor. My worry is that all of these troubling incidents can drive wedges between our neighbors and us; wedges of mistrust, wedges of fear, wedges of prejudice; and that weighs heavy on my heart Jesus’ parable of the Good Samaritan is one of the best known of his teachings to both Christians and our non-Christian sisters and brothers. This parable touches on many things but really comes down to our responsibility for caring for others no matter whom they may be. In the story, three of the characters contrast human strengths and weaknesses. Two of them in particular appear fearful and even prejudice. A man is left dying by two robbers and two men, priest and a Levite see him. A Levite in Jesus’ time serves many of the functions that a deacon does today. These two men had the ability to help the injured man, but they chose not to do so. They were supposed to be holy men and although Jesus does not explain their motives, it is easy to imagine what they were thinking. “What might happen if I get involved? What if this man is a criminal? Could this be a ruse to rob me, beat me, and leave me for dead? Or what if he is a victim but he is already dead? If I touch him would that make me unclean and unable to do my work in the temple?” They really know nothing about this man. They fear him based on their speculation, perhaps based on what they’ve heard about people on the road to Jericho. And their pre-judgment of him becomes their justification for turning away. “Let someone else deal with him, someone who doesn’t have so much to lose as us.” Those five young Utahns whose names I read to you, if I learn that two of those young people who were murdered lived in Midvale, do I find myself thinking, “Oh, that explains it.” If I hear on the news that one of the five, a young man, was riding in a car with two other juveniles in Rose Park and was murdered by a drive by shooter, do I think, “Oh, now I understand.” If I read that two of the young people were killed in Roy as they sat at a stoplight and were deliberately hit by a woman in SUV who was trying to commit suicide, do I think, “Oh, what a tragedy in a peaceful bedroom community.” If I say those things to myself, I have to ask myself, “Have I formed prejudices? And from where do those prejudices come?” Do they come from something that somebody has told me about the kind of people who live in Midvale or Rose Park? Do they come from my expectations of how people who reside in the bedroom community live their lives? Do my prejudices come from my speculation and imagined fears? How can we love our neighbor if we let ourselves live in fear? We have a responsibility to our neighbors, to our souls to examine the truth about our fears. I cringe when I hear people say, “Illegal immigrants are responsible for most crimes in this country,” or that “Muslims should be monitored because they are the source of terrorism,” or “Police do not care about black lives,” and so many other negative generalizations because I know they are false. ask myself, “Has someone taken terrible tragedies and then preyed on my insecurities and created for me fear and prejudice in place of reason?” It is so important to realize how fear affects us and how it affects how we feel about ourselves. Ultimately, how we feel about ourselves, whether we can love ourselves, affects whether we can love others. Love your neighbor as yourself. How can we respect others if our insecurities cause us to lose respect for ourselves? How can we treat others with kindness if our doubts prevent us from being kind to ourselves? How can we forgive others if we cannot find it in our hearts to forgive ourselves? To love our neighbors, we must first be able to love ourselves. To love ourselves, we sometimes think we need to reward ourselves with material things. We will work so hard to obtain physical things we deem valuable. But love is not accomplished in the physical. To love ourselves we must find it in our spiritual selves. The love that overcomes fear comes from relationships. Sometimes we miss out on relationships, closeness and companionship. We isolate ourselves by the anonymity of our electronic devices. We miss out on the real lives of friends and family, real social interactions that build real relationships. We miss out on true and lasting

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wealth, wealth for our souls .It’s about opening up to friends or family, learning to trust; letting our feelings out, being truthful face to face. If we don’t, if we choose to repress our fears, we invite darkness to take control of our spirit, resulting in hateful and hurtful behaviors to ourselves and to others. And ultimately that darkness will drain us of any chance of happiness and joy in our lives. Sharing laughter and tears with real people allows us to reveal and share our hearts and souls with those around us. Sharing our feelings allows us to get in touch with our real selves, our true selves. And finding our true selves is so much about responding to God, trusting in God, letting him help us overcome our fears, whether they are learned or imagined. As Moses told his people, love of our neighbors isn’t a commandment left up in the sky; that we must find someone to get it for us. Love of neighbor is a gift God has already planted deep within our hearts and souls, a gift that we need to nurture, that needs to be tended. Without times of prayer, without times of reflecting upon and listening to the Truth and the Light, the love of God that is with us always, we will remain fearful children. God the Father has given us in his Son, a gift of light and love that we can share, a gift that gives us the ability to overcome fear and prejudice. It’s a gift that helps us to be who God wants us to be and one that helps us to be who we really want to be. You probably didn’t notice when I read the list of names at the beginning of this homily that there were thirteen names, and I only accounted for twelve. The thirteenth name, Patrice, is a member of my wife’s and my family. Out of the thirteen, she is the only one who I have actually hugged, whose voice I know, whose daughter I pushed in a stroller when she was a baby. Monday, she was robbed by two people both of whom she knew. In their panic the two became afraid and they killed her. Maddison, Tyler, Paris, Alton, José, Abril, Philando, Michael, Patrick, Lorne, Michael, Brent, and Patrice. All of them are very real people. Each of their lives mattered. All of them are my neighbors.

Contributor: B.L. Smith

Utah Law Enforcement Memorial license plate approved. For more information on getting the license plate go to www.utahsfallen.org or call Danny Driggs @ 801.528.2544

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Case Law Update

BL Smith, Training Coordinator, Utah Peace Officers Association Utah POST Region III Training Coordinator

TOPIC: USE OF FORCE WHEN DEALING WITH PERSONS OF DIMINISHED CAPACITY Part I Ronald Armstrong suffered from bipolar disorder and paranoid schizophrenia. After being off his meds for five days he starting poking holes through the skin of his legs to 'let the air out.' Armstrong's sister was able to talk him into going to the hospital for an evaluation. During this time Armstrong apparently became frightened and left. The doctor, based on Armstrong's actions and speaking with his sister about his erratic behavior, felt he was a danger to himself. He then filled out an involuntary commitment to compel his return. Right after Armstrong fled the Pinehurst police were called and three officers responded, including an officer, a sergeant, and a lieutenant. Armstrong was located a short distance from the hospital. Commitment papers had not yet been signed and officers engaged Armstrong in conversation. Armstrong had been walking in and out of an active roadway as well as eating grass and dandelions, chewing on a gauze-like substance and putting cigarettes out on his tongue. After commitment papers were signed Armstrong wrapped himself around the base of a stop sign post. All three officers attempted to extract him from the post. Two hospital security officers were standing by as was Armstrong's sister, who was pleading with him to return to the hospital. After about 30 seconds the lieutenant instructed the officer to prepare his TASER in stun mode. Armstrong was told that if he did not comply he would be tased. This warning had no effect. Over the next two minutes Armstrong was tased five times which actually increased Armstrong's resistance. After the tasing ceased both hospital security officers jumped in to assist officers in pulling Armstrong off of the post. They were successful in pulling him from the post, placing him face down with officers on his back, and handcuffing him. Armstrong was successful in kicking the sergeant, after which his legs were shackled. Officers then stood up to collect themselves. Armstrong was still laying face down and his sister noticed he was not moving. Armstrong was immediately turned over, found bluish in color and not breathing. CPR was immediately started, EMS called and Armstrong transported to the hospital where he was pronounced dead. Communication tapes show that six and a half minutes had elapsed since Armstrong's commitment papers were signed and EMS called.

1. Was this excessive force?2. Was deploying the TASER justified in this case?

ANSWERS PATC Legal & Liability Risk Management Institute January 2016 Newsletter Jack Ryan, Attorney. US Court of Appeals for the 4th Circuit opinion Estate of Armstrong v. Village of Pinehurst et al. United States Supreme Court Graham v. Connor 1989.

1. Yes. All uses of force are judged by the three-part test from Graham v. Connor. The court looks atwhether the officers force was objectively reasonable including:

a. how serious was the offense;b. the extent to which the subject poses an immediate threat to the officers or others;c. and whether the subject is actively resisting arrest or attempting to evade arrest.

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2. No. Part of the opinion of the court reads "...deployment was disproportionate to the need for force whendealing with a stationary, mentally impaired subject, who was hanging on to a pole while six people,including officers and hospital personnel, stood by to take him into custody. As such, the court found thatthe force was objectively unreasonable. The Court wrote: 'Immediately tasing a non criminal, mentally illindividual, who seconds before had been conversational, was not a proportional response.'"

3. The Court had much more to say in this opinion which bears reviewing:a. "the use of officers and others trained in the art of counseling is ordinarily advisable, where

feasible, and may provide the best means of ending a crisis."b. "officers who encounter an unarmed and minimally threatening individual who is exhibiting

conspicuous signs that he is mentally unstable must de-escalate the situation and adjust theapplication of force downward."

c. "The government's interest in seizing Armstrong was to prevent a mentally ill man from harminghimself. The justification for the seizure, therefore, does not vindicate any degree of force thatrisks substantial harm to the subject."

d. "Non-compliance with lawful orders justifies some use of force, but the level of justified forcevaries based on the risks posed by the resistance." "Armstrong was stationary, non-violent, andsurrounded by people willing to help return him to the Hospital."

e. Armstrong's non-compliance posed little danger or urgency.f. "Deploying a TASER is a serious use of force." "As such the court found that the force was

objectively unreasonable."g. "...taser use is unreasonable force in response to resistance that does not raise the risk of immediate

danger."4. The court found that because Armstrong did not present a threat to the officers as he sat clinging to the

police, the use of force was excessive and thus the officers were denied summary judgment. Since the lawwas not 'clearly established' at that time of deployment the officers were not on notice that their actionswere improper, thus they were granted qualified immunity and dismissed from the lawsuit.

TOPIC: TASER USE OF FORCE WHEN DEALING WITH PERSONS OF DIMINISHED CAPACITY Part II

The United States Court of Appeals for the 4th Circuit is the first court to set precedent in making it "...clear that tasers are proportional force only when deployed in response to a situation in which a reasonable officer would perceive some immediate danger that could be mitigated by using the taser." The 4th Circuit has now set a benchmark that other circuits will surely use when deciding use of force cases involving a TASER. Issues to consider: Factors for all officers and agencies to consider (compiled from PATC Legal & Liability Risk Management Institute January 2016 Newsletter Jack Ryan, Attorney. US Court of Appeals for the 4th Circuit opinion Estate of Armstrong v. Village of Pinehurst et al. United States Supreme Court Graham v. Connor 1989.

1. Not an arrest-mental health commitment-"When the subject of a seizure has not committed any crime,this [seriousness of offense] factor weighs heavily in the subject's favor."

2. Among the facts and circumstances an officer has to consider in deciding when and how to use force is thefact, when known, that the subject is mentally ill, particularly if the subject is unarmed.

3. "Officers who encounter an unarmed and minimally threatening individual who is exhibiting conspicuoussigns that he is mentally unstable must de-escalate the situation and adjust the application of forcedownward."

4. When the purpose of taking custody is to protect a person from harming him or herself, any force thatcauses harm is contrary to the mission of protecting the person.

5. An officer who is trying to prevent a subject from fleeing cannot use much force if the subject is refusingto move.

6. "Non-compliance with lawful orders justifies some use of force, but the level of justified force variesbased on the risks posed by the resistance."

7. Proportionality analysis-How much force was used in relation to what the subject was doing?

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8. "Deploying a TASER is a serious use of force."9. "Tasers are proportional force only when deployed in response to a situation in which a reasonable officer

would perceive some immediate danger that could be mitigated by using the Taser."10. The court noted that in cases where an officer uses more than one TASER deployment, each deployment

will be viewed separately and its validity will be determined by what is occurring at the moment of eachdeployment.

11. Use of TASER is unreasonable in response to resistance that does not raise a risk of immediate danger.12. "Physical resistance" is not [the same thing as the] "risk of immediate danger."13. "Our precedent leads to the conclusion that a police officer may only use serious injurious force, like a

taser, when an objectively reasonable officer would conclude that the circumstances present a risk ofimmediate danger that could be mitigated by the use of force."

14. Court notes that while subject clung to pole and refused to move, officers were not faced with anyexigency or "immediate danger so severe that the officer" had to cause harm to the individual he or she wastrying to protect from harm.

TOPIC: DETENTION/STOP SCENARIO: A man phoned 911 reporting an ongoing fight between four people in an alley behind his home. He confirmed the address and said he heard one of the men say "the gun was loaded." He also said the men lived two houses away from him, that a car was parked in the alley, and he could hear screaming. The 911 operator could also hear the screaming over the phone. Deputies were immediately dispatched to the fight, notifying them that one of the men may have a gun. Three minutes later the first deputy arrived and started to drive down the alley when he saw a car approaching him. He saw no one else in the alley. As the car was passing him the deputy yelled "Hey. Did you see a fight?" The driver ignored the deputy and kept driving. Turning around the deputy tried to catch up with the car. He found the car a few seconds later parked on the side of the road and pulled in behind it. The driver was still inside the car so he activated his emergency equipment. The deputy quickly determined the driver, Shauntrel Brown was under the influence and arrested him for DUI. Brown filed a motion to suppress on two issues: (1) The deputy detained him when he turned on his emergency lights, and (2) the deputy did not have grounds to detain him.

1- Was Brown detained when a deputy pulled in behind him and activated his emergency lights?2- If so, did the deputy have grounds to detain him?

ANSWERS: Alameda County District Attorney's Office publication Point of View Winter 2016. California People v. Brown 4th Circuit Court of Appeals 2015, Florida v. Bostick (1991), California v. Hodari D (1991), People v. Verin (1990), Brower v. County of Inyo (1989), People v. Bailey (1985), Brendlin v. California (2007), Navarette v. California (2014), U.S. v. Edwards (2014) and U.S. V. Hensley (1985)

1- Yes. "The courts have consistently ruled that an officer's activation of emergency lights constitutes acommand to stop to motorists and pedestrians who reasonably believed the lights were directed at them."This as opposed to a motorist who sees an officer with lights activated driving through traffic as a sign toclear traffic or an officer who pulls up behind a disabled or wrecked vehicle and activates their lights as awarning to approaching motorists.

2- Yes. This detention is based solely on Brown's being in the alley where a large fight with a gun wasreported by a 911 caller. This detention is based on whether the deputy, or in this case, the 911 operatorreasonably believed the caller was reliable. How did the court determine the reliability of the caller?

a. People who use 911 expose themselves to identification even if they use a false name-at least tosome extent.

b. The caller here reported the fight immediately. This factor has long been treated as especiallyreliable.

c. The 911 system confirmed the caller was calling from the address of the fight.d. The caller provided the 911 operator with lots of details as opposed to "Some guys are fighting."e. There was one more circumstance. The operator could hear the fighting over the phone.

Based on this the court ruled the 911 operator had sufficient reason to believe the caller was reliable.

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TOPIC: OFFICIAL-CHANNELS RULE SCENARIO: In People v. Brown the court ruled that the dispatcher had reason to believe that the 911 caller was reliable. Even that being the case the appeal continued that the deputy knew nothing about the caller or their reliability, and therefore the stop was unlawful.

1- This stop was ruled lawful because of the Official-Channels Rule.2- What is the Official-Channels Rule and what does it have to do with police work?

ANSWERS: Alameda County District Attorney's Office publication Point of View Winter 2016. California People v. Brown, 4th Circuit Court of Appeals 2015

1. Under the Official-Channels Rule (United Sates v. Hensley 1985 469 U.S. 221, 231; Illinois v. Andreas1983 463 U.S. 765, 771, fn.5: People v. Soun 1995) "an officer may detain or arrest a suspect based solelyor in part on information transmitted through official channels (e.g. departmental briefing, BOLO), or froma governmental database (e.g. AWS)." "For example, an officer may arrest a suspect based solely oninformation from another officer who said he had probable cause even though the arresting officer wasunaware of the underlying facts."

2. The court went on to say "Applying this principle, the court ruled that when a 911 dispatcher notifiesofficers of a crime in progress, it is ordinarily reasonable for the officers to believe that the dispatcherreasonably concluded that the caller's information and his apparent reliability were sufficient, at least for adetention."

TOPIC: THE RIGHT TO FRISK SCENARIO: Officers stopped Fager for a turn signal violation in a high crime area. Approaching from the passenger side where he contacted passenger Walls, the officer noticed Fager's eyes were watery, his speech was soft, and an unopened can of beer sat in the center console of the vehicle. In addition, it appeared that Walls was moving back and forth to obstruct the officer's view of Fager. After receiving ID from both, Walls was found to have several outstanding warrants (for what they did not know). With back up, Fager was asked to step from the vehicle where it was found he was NOT under the influence. The primary officer asked Fager if they could search his vehicle. Fager consented. Because it was cold the officer gave Fager the option of sitting in his police vehicle if he wished to while they searched his car. Fager said he would sit in the police car. The officer said before he put him in his police car he would need to pat him down to make sure he did not possess any weapons. Fager said nothing but positioned himself for a pat down. Fager was carrying a loaded firearm in his waistband and was later charged with felon in possession of a firearm.

Fager filed a motion to suppress that the officer's pat down was not supported by reasonable suspicion that he was armed and dangerous.

1. Was this pat down (frisk) legal?

ANSWERS: Tenth Circuit Court of Appeals, U.S. v. Fager January 21, 2016. The Federal law Enforcement Informer (monthly newsletter) February 2016 (DHS, FLETC)

1. Yes. If this case goes to the United States Supreme Court and is upheld it will change the way LEO's dofrisks/pat downs across the country. As of January 2016 our Tenth Circuit Court of Appeals has ruled thispat down lawful.

2. The 10th Circuit cited two 10th Circuit cases to support their decision: United States v. McRae 10th Cir.1996 and United States v. Manjarrez 10th Cir. 2003. Here in this opinion the court quoted one officer'stestimony in the suppression hearing:

a. "With there only being two officers at that time, before our third officer showed up, if he's going toconsent to search the vehicle and then go in a patrol car, make sure he's got no weapons on him,due to the fact that we're going to be taking-myself was going to be completely looking away fromboth of those people while searching the vehicle, and the last thing we want to have happen is anattack to happen on another deputy and then draw the third officer away from the second occupant

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to help him out. It would just be a bad situation." b. The court cited several reasons for their decision. It was a high crime area and it was nighttime are

two. They go on to say "Given this understandable concern for officer safety, we have upheld pat-down searches "[e]ven when an officer had limited 'specific information leading him to believe that[an individual] was armed or dangerous' and no knowledge of the individual's having possessed aweapon."

c. Continuing the court said: "Th[is] court concluded that the officer "could not reasonably beexpected to leave defendant in his patrol car, turn his back on defendant, insert his head intodefendant's car, and search the car without first checking defendant for weapons." "These twocases, McRae and Manjarrez together have led us to reason that when an officer must "turn his orher back to a defendant, we require little beyond this concern to support the officer's reasonablesuspicion."

d. The court continued to indicate other factors that can influence an officer's reasonable suspicion:Time of day, place where the pat-down occurred, any previous encounters of the officer with thedefendant, the defendant's criminal history, the defendant's nervousness as well as history of druguse. They mentioned the fact that a passenger with warrants, either individual could accessweapons inside the passenger compartment.

e. "The terrifying truth is that officers face a very real risk of being assaulted with a dangerousweapon each time they stop a vehicle." United States v. Stewart (10th Cir. 2007).

3. Certain issues came up with this ruling: The reasonable suspicion did not turn on whether the search wasconsensual, but instead on the officers' concern for their own safety. "An officer's ability to search a cardoes not automatically mean he has the authority to frisk the driver-he only has this authority if thecircumstances objectively demonstrate that he is concerned for his own safety or the safety of others."

4. In the court ruling it did not matter that the officer testified the defendant had not done anything to causehim any fear during the stop. It did not matter that there was a back up officer present. The court said:"Indeed, "[a]n officer in today's reality has an objective, reasonable basis to fear for his or her life" duringtraffic stops because "[r]esort to a loaded weapon is an increasingly plausible option for many suchmotorists to escape," especially when "the motorist or a passenger knows there are outstanding arrestwarrants or current criminal activity that may be discovered during the course of the stop."

5. Finally the court said: "Given the circumstances of the traffic stop, the officers were justified in friskingdefendant because they reasonably suspected he was armed and dangerous."

TOPIC: THE RIGHT TO SEARCH

SCENARIO: Officers Britten and Gaddis observed a black Ford Explorer parked in what they considered a high narcotics area. A black male was sitting in the back of the vehicle. Officers observed what they believed to be hand to hand narcotics transactions with men standing outside the vehicle. Rather than stop the men immediately they ran the license plate and found the registered owner to have outstanding arrest warrants. The description of the registered owner fit the male in the vehicle.

Approaching Daniel who was not walking away from the vehicle they asked him for identification. Taking his ID Britten returned to their vehicle to confirm the arrest warrants. While doing this he watched Daniel walk away from Gaddis and discard a plastic baggie. Placing him under arrest officers retrieved the plastic baggie which appeared to contain illegal drugs.

Turning to the vehicle both officers noted the odor of fresh marijuana, unburnt marijuana. Based on the smell, the drugs in the discarded baggie, and the observation of a hand-to-hand transaction, the officers searched Daniel's vehicle. A loaded handgun and 450 grams of marijuana were located in the vehicle.

Daniels was indicted federally on weapons charges. Daniels appealed saying the search of his vehicle violated the fourth Amendment.

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1. Was this vehicle search legal without a search warrant?

ANSWERS: Legal & Liability Risk Management Institute Brian S. Batterton, Attorney March 2016 newsletter. United States v. Daniel Eighth Circuit Court of Appeals January 5, 2016

1. Yes. The court said: "It is well settled that a warrantless search of an automobile is not unreasonable if law enforcement officers have probable cause to believe that the vehicle contains evidence of criminal activity." United States v. Ross 1982.

a. The court went on to say that police observed Daniels behave in a manner consistent with a hand-to-hand drug transaction while he was inside his vehicle. Second, the police observed Daniels discard a baggie of illegal drugs while he was outside of his vehicle. Third, the police testified that they smelled the odor of fresh marijuana emanating from the vehicle prior to their search.

b. "These facts gave the officers ample reason to believe that the vehicle contained marijuana or other evidence of drug-related activity."

TOPIC: THE AUTOMOBILE EXCEPTION SCENARIO: October 15, 2012, Trooper Joseph Harrison obtained consent to search luggage from an El Expreso bus stopped at a TA TravelCenter. There was an oversized metal can of food inside Pina's suitcase. Harrison remembered reading an intelligence bulletin that heroin had been concealed inside canned goods that appeared to be factory sealed. Harrison released the bus and all occupants without incident. October 27, 2012, Harrison encountered another El Expreso bus at the TA TravelCenter. The bus driver gave consent to run a canine around the exterior of the bus. The canine indicated he detected drugs on the bus. With consent from the driver and all passengers the luggage was unloaded so the canine could sniff each piece of luggage separately. The canine alerted to Pina's suitcase. Pina allowed Harrison to search the inside of the suitcase. Harrison noticed two large metal cans labeled as containing whole jalapeno peppers and whole Serrano peppers and recalled Pina had a large metal can two weeks earlier. Harrison asked permission to open the cans. Pina denied permission. Harrison opened one can and saw a large black cylinder which he thought contained contraband and arrested Pina. Pina and the cans were transported to the local DEA office where both were opened and contents tested positive for cocaine.

1. Was the opening of the can legal without a search warrant? 2. Would the search of all the luggage have been legal even without driver and passenger consent? 3. Would the search of the bus and all its contents been legal after the canine first alerted on the

exterior of the bus?

ANSWERS: Legal & Liability Risk Management Institute Brian S. Batterton, Attorney May 2016 newsletter. United States v. Pina Eleventh Circuit Court of Appeals April 22, 2016

1. Yes. 2. Yes. 3. Yes. 4. The court went over established case law regarding the automobile exception to the warrant requirement.

a. "A vehicle search does not violate the Fourth Amendment...where agents conduct a warrantless search if the vehicle is operational and under the totality of the circumstances, there is a fair probability that contraband...will be found in the vehicle." Tamari, 454 F.3d at 1261-62.

b. "Trooper Harrison and Porter and the police canine received permission from the bus driver to examine the exterior of the bus. When the canine alerted to the odor of drugs inside the bus, which Pina does not dispute was 'readily mobile,' the troopers had probable cause to search the bus and every piece of luggage. id. at 1264-65; United States v. Watts, 329 F.3d 1282, 1286 (11th Cir. 2003). and the response of the canine to Pina's suitcase further justified the troopers' decision to search Pina's suitcase."

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c. "The scope of a warrantless search [under the automobile exception] is not defined by the nature ofthe container in which the contraband is secreted. Rather, it is defined by the object of the searchand the places in which there is probable cause to believe that it may be found." United States v.Ross (1982).

d. "The court also addressed the fact that the automobile exception's justification for the warrantlesssearch did not vanish once Pina was removed from the bus. Rather, the luggage had been part ofthe bus when the canine first alerted on the bus so there was probable cause to search the bus andthat did not vanish when Pina was removed from the bus."

e. "The automobile exception applied even though the troopers opened the metal can after detainingPina and his suitcase. '[T]he justification to conduct...a warrantless search does not vanish once theautomobile has been immobilized' or when the suspect can no longer tamper with the evidence.'United States v. Parrado (11th Cir. 1990); Michigan v. Thomas (1982); United States v. Birdsong,(11th Cir. 1993)."

TOPIC: CURTILAGESCENARIO: Law enforcement received information from an anonymous complainant that Dixon was makingmeth. After speaking with his mother they found out he was living in a trailer through the woods. The trailer waslocated at the end of the road.Several signs of meth production were seen as they approached the trailer. Dixon left the trailer and met thembefore reaching the front of the trailer. He refused admittance to the trailer.One of the officers walked around the side of the trailer in an area of tall weeds and grass at the edge of the woods.The officer testified that he stayed outside the curtilage, off the mowed portion of the vegetation, standing in anarea where people dumped trash.Based on what was witnessed in front and in back of the trailer they obtained a search warrant. Dixon wasarrested as were the others in the trailer.Dixon appealed saying the officer violated the curtilage of his home without a search warrant.

1. Did the officer who went to the rear of the trailer violate the curtilage of the trailer?2. What are the four factors to consider when determining whether an area falls within the curtilage?

ANSWER: Xiphos march 2016 Curtilage or open filed? Vantage point matters to the Fourth Amendment. Commonwealth v. Dixon, 2016 (Ky. 2016) United States v. Dunn (1987)

1. No. The officer did not violate the Fourth Amendment when it came to the curtilage of the home (trailer).2. The four factors to consider when determining curtilage come from the United States Supreme Court.

They are:a. The proximity of the area to the home.b. Whether the area is included within an enclosure surrounding the home.c. The occupant's uses for the area.d. The steps taken to protect the area from observation by passersby.

TOPIC: TASER USE OF FORCE-REASONABLENESS SCENARIO: Officers were dispatched after two 911 calls about Perea. One, from his mother Merlinda Perea, that her son was on very bad drugs and she was afraid of what he might do. The second from a neighbor who observed Perea in his back yard pacing, clutching a bible, and asking forgiveness of a higher power. Officers Baca and Jaramillo were dispatched on a welfare check. Upon arrival Perea's mother said her son suffered from mental illness, left on a bicycle, and may have been on drugs. Officers left in separate cars to try and locate Perea. Perea, seeing Baca behind him, pedaled his bike faster and passed a stop sign without stopping. Both officers used their patrol vehicles to force Perea into a parking lot. After a brief chase Jaramillo pushed Perea off his bicycle. Neither officer spoke with Perea saying why they were following him or why he was being seized. Perea was never asked to halt or stop. Perea struggled with officers, thrashing about while holding a crucifix. Baca told Jaramillo to use his TASER against Perea. The first shot, in probe mode, hit Perea in the chest. This proved ineffective. Moving to stun mode Perea was TASED nine additional times. During this time

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Perea was moved on his stomach with his arms beneath him. After subduing Perea, he stopped breathing. Officers successfully performed CPR and Perea began breathing again. Upon hearing sirens of the approaching medical vehicles Perea started to scream and ask God for forgiveness. Upon paramedics arrival, they tried calming Perea without success. Perea again stopped breathing. Perea was pronounced dead at the hospital a short time later.

1. Was the use of the TASER reasonable?2. If the answer is no, then why not?3.

ANSWERS: PATC Legal & Liability Risk Management Institute May 2016 Brian S. Batterton, Attorney. Perea v. Baca 10th Circuit Court of Appeals April 4, 2016.

1. No. The use of the TASER in this case was not reasonable.2. Many courts have noted in their decisions there is a distinction between use of force during an arrest which

is different where, as here, officers are performing a welfare check.a. "In applying the 3 factor Graham test, the court noted that pedaling through a stop sign, Perea's

only offense at the outset was minor. Secondly, the officers did not indicate that Perea posed athreat to anyone but himself prior to the interaction. The court indicated that the third factor was anissue because of Perea's resistance to the officers, however the court noted that the officers'response to that resistance had to be reasonable and proportionate given Perea's resistance."

b. "The court held that Perea's resistance (thrashing and swinging a crucifix) did not justify theofficers' severe response. ...continued use of the TASER once Perea was subdued wasunreasonable." "The court held that even if force was justified during the initial deployments, theforce was not justified once Perea was subdued."

c. "Having found a violation of the 4th Amendment, the court went on to find that the law was clearlyestablished at the time and thus the officers were also denied Qualified Immunity.

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UPOA’s fall magazine coming out late September will be a 

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Utah Law Enforcement Memorial’s 10th Annual Ride for Fallen Officers is Sunday, August 21. Go to www.utahsfallen.org for more information.

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Guest Contributor: 

Eleven Days in Texas

Eleven days in Texas with four days extra than planned, I am finally preparing for my travels to back home to Utah from this big ole state I have come to love. On July 7, 2016, hell rained in this state, effecting a community of Law Enforcement and families that changed their world upside down. With the loss of four Southwest Dallas PD Officers, one DART Officer, and six Officers injured, 10‐78 Utah Foundation felt the need to reach out from Utah and show our love and support. Exactly a month later, I, the President/Founder of 10‐78 Utah Foundation, flew out to meet and honor these heroes’. August 11, 2016 is a day I will never forget and will forever be in my heart. As I made a delivery to DART PD, it was arranged I would be meeting with Officer Cannon, one of the three injured from their department, as the other two had to have surgery earlier that week due to the injuries received. As Michelle, IA for DART came to meet me with Officer Cannon, followed was Officer Emily Thompson. I did not know much into the happenings of the fallen heroes there, but as soon as I was introduced to Officer Emily Thompson as the widow of Officer Brent Thompson of DART PD, emotionally I lost it. I had planned what I would like to say to this injured officer and present DART PD with a print of their own, but when given the honor to meet this heroic Officer, that all went out the window and my heart sank and hurt while trying to hold back the tears that was sneaking out. Not only was Emily and Brent married, but they just married two weeks before this heinous act and the day of the shooting, Emily had filed their marriage paperwork. 

Officer Emily Thompson, was standing proud in her uniform that day, continuing to protect and serve the community that turned on her brothers and sisters in blue that lead to the death of her newlywed, Officer Brent Thompson. No words can express the feelings that went through my mind, body, and heart. Officer Emily Thompson accepted the print for DART PD on their behalf. I felt the need to reach out and give her a personal print that Jason Bulllard so kindly donated to all the injured, so on 8/17/2016 I went back to DART to only learn that Emily was on her way to Chicago for her grandfather’s funeral.  

I had the pleasure of meeting Officer Cannon of DART that was injured. He seemed to be in good spirits and on light duty. I had also had the pleasure of meeting Officer D. Hartfield. Thank you DART PD for being so kind and welcoming me into your house and given the honor of meeting your true heroes.   

Later that afternoon I made my way to Southwest Dallas PD where I met the most outgoing, comical, yet proud officers there. Major Thomas Castro gave me a tour of their department and was very kind. I was able to present the gifts to the injured during their de‐briefing period. Seeing these officers back on the beat and continuing to up hold their oaths to serve and protect made my heart ache more for our officers nationwide that are being attacked for wearing the badge that they accepted to unselfishly knowing the sacrifices their families and selves would be making. There is currently a war on our Law Enforcement and they need our support and love more than ever right now. Being able to reach out to the injured in Dallas, Texas was a memorable experience I can never forget and has made me more determined to strive forward and do more for our injured and let them know they are not and will not be forgotten. If you would like to find out more about 10‐78 Utah Foundation you can follow us on Facebook and/or check out our website at supportourleos@1078utahfoundation.com. 10‐78 Utah Foundation is a non‐profit 501c(3).   

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Come join us for a day of Golf. We are raising money for the Police Association to help us with our programs and some of the programs we sponsor. We are also pleased to announce Fight Like Girls will be there as we help them raise money as well. Fight Like Girls was started by Bre Lasley after she survived an attack by a home intruder. She and her sister fought back as she was being stabbed, until an Officer arrived to help them out. Fight Like Girls is providing emotional and physical support to women to learn to fight back. Hurry and Sign up today and support both of these awesome programs.