07-11-03

Jun. 24, 2003 10:16 AM

An Edmonton, Alberta man who had his sport utility vehicle stolen from a downtown golf course earlier this month was surprised to get a call over the weekend telling him he could have the vehicle back for $50.

The man who owns the 2003 Chevy Blazer arranged to meet the mysterious caller at a liquor store Sunday afternoon to make the swap.

Nearby police, who'd been notified by the owner, arrested a man who arrived in the Blazer. Officers also found two stolen license plates during their search.

Daniel Robert Gorman, 38, was charged with extortion, possession of stolen property over $5,000, and two counts of possession under $5,000.

"The fact the caller actually went through with it is quite unusual, quite surprising," said police spokesman Wes Bellmore. "It certainly made our job easier. I wish they would all end this way."

"I guess (the suspect) thought that might be easier than selling the vehicle. But our goal is always to get the complainant reunited with his vehicle and in this case that happened - we're all happy."

© 2003 Dumb Crooks
www.dumbcrooks.com
Used with permission

Surfing Dolphins

An officer received a tip from a citizen that the defendant and two other men were selling crack cocaine at a certain intersection. The defendant and one of the other two men were named, and clothing descriptions were provided for all three.

The informant also told the officer that the defendant was hiding the cocaine between his buttocks. When the officer located the men, he approached them, saw blue smoke, and smelled marijuana.

After corroborating their identities, the officer checked the men for weapons and found on the ground nearby a cigar containing marijuana. The officer handcuffed all three men and drove them to a fire station in the vicinity.

In a secluded area of the station, the officer told the defendant to drop his pants, bend over, and spread his buttocks. Several rocks of crack cocaine wrapped in red plastic were found lodged between the man’s buttocks. The officer was able to retrieve it without probing the defendant’s anus, although the suspect tried to push the drugs inside.

The defendant moved to suppress the cocaine, arguing that it was the fruit of an unlawful arrest and an unconstitutional search. The suppression motion was denied, and the defendant was convicted of possession. On appeal to the Court of Appeals, the conviction was reversed on the grounds that the warrantless arrest was illegal and the search was unreasonable. The State appealed.

Holding: The defendant showed at the suppression hearing that the arrest was made without a warrant. The burden of proof then shifted to the State to prove that an exception to the arrest warrant requirement existed.

“In Texas, a warrantless arrest is permitted only when (1) probable cause for the arrest exists and (2) at least one of the statutory exceptions to the warrant requirement are met.” Article 14.01(b) of the code of Criminal Procedure provides one of these exceptions for arrests made by a peace officer without a warrant for an offense committed in the presence or view of the officer.

In this case, an informant approached the officer with a tip about a crime he had witnessed. He provided the officer with a detailed description of the defendant, his name, and his location, as well as information about where the defendant was hiding the crack cocaine.

Based on the tip, the officer went to the location, found a man matching the description, and identified him. The officer also saw marijuana smoke and smelled marijuana around the suspect.

These observations, together with the tip, provided the officer probable cause to believe the defendant was committing an offense in the officer’s presence or view. No warrant was required because Article 14.01(b) was satisfied.

Search incident to arrest is one of the well established exceptions to the requirement for a search warrant. A search incident to arrest permits officers to search a defendant, or areas within the defendant’s immediate control, to prevent the concealment or destruction of evidence.

Some searches are more intrusive than others. “Strip searches,” “visual body-cavity searches,” and “manual body-cavity searches” are among the most intrusive. In this case, the officer conducted a visual body-cavity search because he did not touch or probe the suspect’s anus, but instead ordered the man to bend over and spread his buttocks for inspection.

In determining whether a visual body-cavity search is reasonable, the manner in which it is conducted must be considered. Whether the search was violent is one factor in evaluating reasonableness.

The search of the defendant in this case might have been uncomfortable, but it was not violent.

The officer had not been formally trained to conduct body cavity searches, but had on-the-job training with senior officers. His work experience qualified him to perform this search. All considered, the manner in which this search was conducted was reasonable.

A body cavity search “must be conducted in a hygienic environment where there is no risk of infection.” Here, the search occurred in a fire station, and the officer used sanitary rubber gloves. While the station was not as sterile as a hospital, it was reasonable since the officer was inspecting the area visually, and did not penetrate the defendant’s body.

“Visual body cavity searches should not be conducted in a public place.” The officer searched each suspect separately in a location described as “more secluded” than the rest of the fire station. Only the officer’s partner was in the same area. The defendant’s privacy interests were sufficiently protected by the way in which this search was conducted.

Because the body cavity search was conducted in a reasonable manner, and incident to a lawful arrest, it was valid and the cocaine was properly admitted in evidence against the accused.

COMMENT: The Court of Criminal Appeals notes in this plurality decision that the issue of whether body cavity searches may be conducted incident to arrest in Texas is one of first impression. The Court concludes that they may, but sets some important requirements. One of these is that the search be conducted in a hygienic manner and place. Due consideration also must be given to the suspect’s privacy rights, and care should be taken to protect him from humiliation or embarrassment. In fact, the Court flatly states that body cavity searches cannot be done in a public place. It also is important in all searches incident to arrest, that strong probable cause exists to support the arrest. Notice, too, that in this case, the defendant argued that the initial arrest was unlawful because it was made without a warrant, reiterating the point that in Texas probable cause is not enough by itself to justify an arrest.

U.S. Government Pipe Specifications

1. All pipe is to be made of a long hole, surrounded by metal or plastic centered around the hole.

2. All pipe is to be hollow throughout the entire length - do not use holes of different length than the pipe.

3. The I.D. (inside diameter) of all pipe must not exceed the O.D. (outside diameter) - otherwise the hole will be on the outside.

4. All pipe is to be supplied with nothing in the hole so that water, steam or other stuff can be put inside at a later date.

5. All pipe should be supplied without rust - this can be more readily applied at the job site. Note: Some Vendors are now able to supply pre-rusted pipe. If available in your area, this product is recommended as it will save a lot of time on the job site.

6. All pipe over 500 ft (153m) in length should have the words "long pipe" clearly painted on each end, so the Contractor will know it is a long pipe.

7. Pipe over 2 miles (3.2 km) in length must have the words "very long
   pipe" painted in the middle, so the Contractor will not have to walk the entire length of the pipe to determine whether or not it is a long pipe or a very long pipe.

8. All pipe over 6" (152 mm) in diameter must have the words "large pipe" painted on it, so the Contractor will not mistake it for small pipe.

9. Flanges must be used on all pipe. Flanges must have holes for bolts
   quite separate from the big hole in the middle.

10. Be sure to specify to your vendor whether you want level, uphill or
    downhill pipe. If you use downhill pipe for going uphill, the water will
    flow the wrong way.

    

From the Chaplain

POSITIVE ANSWERS!

For all the negative things we have to say to ourselves, God has a positive answer…

You say, “It’s impossible.” God says, “All things are possible.” (Luke 18:27)

You say, “I’m too tired.” God says, “I will give you rest.” (Matthew 11:28-30)

You say, “Nobody really loves me.” God says, “I love you.” (John 3:16)

You say, “I can’t go on.” God says, “My grace is sufficient.” (Psalm 91:15)

You say, “I can’t figure things out.” God says, “I will direct your steps.” (Proverbs 3:5-6)

You say, “I can’t do it.” God says, “You can do all things.” (Philippians 4:13)

You say, “I’m not able.” God says, “I am able.” (II Corinthians 9:8)

You say, “It’s not worth it.” God says, “It will be worth it.” (Romans 8:28)

You say, “I can’t forgive myself.” God says, “I forgive you.” (Romans 8:1)

You say, “I can’t manage.” God says, “I will supply all your needs.” (Philippians 4:19)

You say, “I’m afraid.” God says, “I have not given you a spirit of fear.” (II Timothy 1:7)

You say, “I am always worried and frustrated.” God says, “Cast all your cares on me.” (I Peter 5:7)

You say, “I’m not smart enough.” God says, “I give you wisdom.” (I Corinthians 1:30)

You say, “I feel all alone.” God says, “I will never leave or forsake you.” (Hebrews 13:5)