Arizona Narcotic Officer Magazine

narcotic officerOfficial publication of the Arizona Narcotic Officers Association

The

Fall, 2014 www.aznarcoticofficer.org

ArizonA

2014 conference Wrap Upregion reports& More!

The Arizona Narcotic Officer is published twice each year. No part of this publication may be reprinted or otherwise reproduced without written permission from ANOA.

The Arizona Narcotic Officer assumes no responsibility for unsolicited manuscripts or photographs. Send all correspondence to the Arizona Narcotics Officers Association, PMB177/1830 E. Broadway, #124, Tucson, Arizona 85719. All opinions in The Arizona Narcotic Officer are those of the

authors and do not express or represent the views of The Arizona Narcotic Officers Association. Anyone interested in running for a position within the ANOA must submit a written request by July 1 of each year.

Cover photos by ANOA Editor David Valencia.Publication design by [email protected]

t

2014 ConferenCe

ISSUenow In oUr

26th Year

contentsPresident's Message ............................................. 3

2014 Conference Wrap Up ................................. 5

Scholarship Fund ............................................... 10

Save the Date ........................................................11

Sgt.-at-Arms ...........................................................14

ANOA Awards Presentations 2014 ................15

Regional News .................................................... 18

Legal Update ........................................................30

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ADVErTiSEThe Arizona Narcotic Officer—2

http://www.aznarcoticofficer.org

I am pleased to announce that this coming July, 2015 ANOA will be putting on its 27th an-nual Narcotics Conference. I would like to thank all the past presidents for their hard work and dedication in making ANOA one of the most professional narcotics training organi-

zations. The board of directors for ANOA have worked tirelessly by volunteering long hours to give our members some of the best narcotics training we can provide. I would also like to thank all the Regional Representatives around the state of Arizona that have also committed numerous hours of their time in making sure that quality training is achieved not only at the annual conference, but at several regional trainings that have been put on in either northern or southern Arizona. If you see a need, or desire for certain training in your area, contact your ANOA regional representatives and we’ll see if we can arrange to make that happen for you. Remember, this organization is for “you,” the members.

It will be my honor to serve as your President this year for ANOA. Since my first confer-ence I attended back in 1998 I was amazed by the camaraderie that narcotics detectives shared and I knew I wanted to be a part of that. I have since been in a narcotics assignment for at least 12 of my 20 years on the job and can say without a doubt that I have enjoyed it more than I can describe.

ANOA continues to strive to be a membership-based organization. Without you we would have no association. We welcome your suggestions and concerns. If you’ve seen an instructor or course somewhere else that you think would benefit others in our line of work, please let us know. We will make every attempt to bring them in so that others can benefit as well.

This last July’s conference brought approximately 450+ members to Tempe and we en-joyed a host of classes that were definitely on point. Some of the benefits we have been able to continue to include have been high quality training with new classes at our conference, a large raffle, door prizes and a large vendor show.

In closing, being in a narcotics enforcement position has personally given me the insight on the destruction that drug abuse has in our neighborhoods, our cities and in our state. It has also given me the opportunity to do my part in combating that. I believe that all of us have been impacted in some way or another by drugs and drug abuse, whether it’s a neighbor we know, a friend, or in some cases, a direct family member who struggles with drug abuse. ANOA is still in the fight to keep illegal drugs off the streets and to help protect our children and families. For some of us it is an assignment and for some of us it’s a commitment. This bodes the ques-tion, IF NOT US, THEN WHO…?

With this in mind I would like to thank each and every one of you that are doing your part and encourage you to begin making plans to attend the annual conference next July. By invest-ing in your training, you are investing in yourself and your community!

Keep up the good fight,President Bryan Benson

President's Message

Bryan Benson,ANOA President

"If not us, then who...?"

We

Welcome

your

input/

comment/

suggestion

contact

US!

See

Pg. 4

The Arizona Narcotic Officer—3

President

Bryan Benson

602-768-1712

ist Vice President

James Grisham

520-351-4795

2nd Vice President

Kenny Williams

928-763-9200

3rd Vice President

clint hill

928-607-5775

sGt.-at-arms

ryan BecKman

928-542-8322

immediate Past President

John taylor

(520) 351-6138

executiVe director

Phil Gray

Pima county sheriff's dePartment

520-609-0193

2014/2015of Directors

BoArD

REGIONAL DIRECTORZack Mauzy, Maricopa Co. Sheriff's Office

520-705-9538

REGION ONE(Maricopa, Pinal, Gila counties)Sandy Basham, DEA 602-664-5944

Zack Mauzy, Maricopa Co. Sheriff's Office520-705-9538

REGION TWO(Coconino, Navajo, Apache, Yavapai, Graham & Greenlee counties)

Chris Oaks, Apache Co. Sheriff's Office928-245-0178

REGION THREE(Yuma, La Paz, Mohave counties)Brandon Grasse, Bullhead City Police Department 928-542-8322

REGION FOUR(Pima, Santa Cruz & Cochise counties)

Javier Garayzar, Arizona DPS 520-351-3706

Ken Hedrick, Pima County Sheriff's Department520-351-4320

rEgionAlrEprESEnTATiVES

4—The Arizona Narcotic Officer

2014 ConferenCe Wrap Up

MeMberepresentation Means YoU!

Your 2014/15 ANOA Executive Board

Your 2014/15 ANOA Regional Representatives

ANOA members

ANOA Staff & Galloway

ANOA members

ANOA Security Team


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Conference Review

Another SuccessWrapping up 2014 with another well-attended conference

For years I have written pretty much the same old stuff about how successful our training conferences have been, detailing the dignitaries who graciously

opened our conferences for us, and providing a synopsis of our yearly award and merit winners. Well, this year is a little different.

I am fighting off the urge to mention that over 450 crimi-nal justice professionals enjoyed four days of excellent train-ing in the Tempe heat. Or that the general membership was taken with fascination at the stories our two guest speakers detailed in their separate stories of heroism, grit and deter-mination to survive.

While we also set a new record with the number of ven-dors in attendance, I will refrain from mentioning the ven-dors contributed some serious merchandise to our raffle which was another success story.

Dare I mention the addition of several new classes that were met with rave reviews? Results of the exit question-naires revealed nothing but excellent comments on the qual-ity of the conference, the contents of the gift bags and the mid-day menu items provided each day. No sir, I will refrain from characterizing our past conference as another smashing success – even though by all accounts it was just that!

We also celebrated the individual and collective achieve-ments of some well-deserving officers and narcotic units last year. No doubt, it was a difficult task for the executive board to pour over all the nominees and come up with the winners. There were a lot of well-deserving individuals and units out there that were nominated for their hard work and dedication to professional service.

It is difficult to report on the consistent success ANOA has had with its yearly training conference without being redundant. Could the success of our training conference be based on the hard work and dedication of the executive board? Or could it be that ANOA is constantly searching for relevant classes to bring to the conference that include some pretty dynamic speakers? Or maybe it is a combination of all the above. I vote for the latter. I am here to tell you that put-ting together a four-day training conference falls under the “herculean” part of the work matrix.

A lot of folks put a lot of effort into putting together the training conference, but I am not going to mention the hard work of the board of directors, regional representatives and an assortment of veteran volunteers. I will, however, men-tion the continued hard work of Past President Phil Hawk and Legal Advisor James Molesa. Phil Hawk continues to scour the vast training landscape looking for new classes and new dynamic speakers to bring to each conference. Without sounding too emotional, James Molesa has been a steady presence through his many years of dedication and service as ANOA’s very own legal eagle. Jim is our general session emcee and keeps the show moving at a nice steady clip.

No sir, this conference recap has to be a little different. ANOA has continued to grow and prosper in terms of the quality of class content and instructor appeal. Throughout this edition of the “Arizona Narcotic Officer” you will find the product of a year of hard work by our executive board. Enjoy the view and get ready for next year! Once again, congratulations to our 2014 ANOA award winners. We truly hope to see you at our next conference in sun-baked Tempe July 20-23, 2015! Until then, stay safe.

What do you get when you combine 450 criminal justice professionals, four days of leading edge training, dynamic speakers, innovative vendors and kick-ass raffle prizes?


behind the sCenesAlways nose to the grindstone, Phil takes a moment to look up and smile for the camera

Registration

John Taylorworking (but not as hard as Phil)

Clint Hill, Brian Benson & JT

Making the magic happen takes a team of dedicated professionals and a lot of boxes

No monkeybusiness!

Readying for the

RAFFLE!

Color GUard & pipers

openinG &invoCation

Hal

Sac

ks

ANOA memberChuckMartens

scholarship fund

you:

How to:

ARIZONA NARCOTICS OFFICERS ASSOCIATIONATTN: SCHOLARSHIP FUND

PMB 1771830 E. BROADWAY, Suite #124

TUCSON, AZ 85719-5968

• A current senior in high school

• Minimum 3.0 GPA (copies of transcripts must be

submitted with application)

• Must submit a minimum of three (3) letters of

recommendation from school officials

1. Beginning March 1 interested members must submit a formal request (letter sent via U.S. mail) for a scholarship application to the ANOA Board.

2. Completed scholarship applications and required documents (letters of recommendation, transcripts, required essay) must be received by the Board no later than April 15 for consideration.

NOTE:

Requests for

applications will

not be handled by e-

mail or by phone.

a n o aThe Arizona Narcotic

Officers Association

is proud to offer a

$500 scholarship

opportunity to the

child of a member of

the Association.

This scholarship

can be used for

tuition costs at

any accredited

college, university or

technical school. Any

high school senior

who is the son or

daughter of a current

member in good

standing may apply.

Good luck! For applications, write to:


go to

27th annualtraining ConferenceDouble tree resort

saVe tHe DateJULY 20-23, 2015 | Tempe, AZ

20-23 20-23

where those who serve and protect train and connect


GUests/speakers/vip

Chief OrtegaPhoenix PD

AZ HIDTA Director Elizabeth Kempshall

Robert HallidayDirector AZ DPS

Doug ColemanDEA

Benson, Hawkand guest speakerJason Schechterle

Kozand Zach

Benson & guest speaker Special Agent Joe Piersante

JasonSchechterle

Special Agent Joe Piersante

Guest Speakers Doug Coleman, Daniel Ortega, Elizabeth Kempshall and Robert Halliday

Kenny Williamswith Phil

Jim Molesa, Phil Hawk & John Kosiliski

Jesus Lopez, Phil Gray & John Taylor

Jim Hart & Benson with 5.11

John Taylor & 5.11

John Taylor & CNOA President Steve Riddle

Chris Oaks & John Taylor

John Taylor, Bryan Benson & Ken Hedrick

Kenny Williams

Sgt.@armS NomiNatioNSAre you are interested in being an integral part of one of the leaders

in law enforcement training in Arizona?Would you like learn substantial organizational and leadership

skills?Can you commit time and effort to a good cause that directly

benefits you and your community?

Are you an ANOA member in good standing? The ANOA Board is accepting letters of intent for those interested in the position of Sgt.@Arms. Voting by the general membership will take place at the 2015 ANOA training conference.

If you are interested, please submit the following information:1. Letter of Intent (to run for the Sgt.@Arms position)2. Short Bio sheet3. Short essay (What direction you would like to see ANOA go?)

Submit required documents by March 1, 2015:ANOA Board of Directors

Attn. “SGT@ARMS.”P.O. Box 177

1830 E. Broadway, #124Tucson, AZ 85719


True or False? Hacker organizations or individual hackers would never tamper with a narcotics agent’s professional and/or personal email (or banking, or investing, etc) account due to the high esteem with which police agents are regarded. Your answer is _______? If you said “True,” you are an optimist beyond all hope and are destined to eventually purchase the Brooklyn Bridge, lake front property in the Sahara, and/or receive a 25% commission for helping poor Mr. Kareem Salami to receive his late father’s $31 million held in trust in the Central Bank of Nigeria. If you said “False,” you are a wise and worldly street cop destined for … greatness!

Group 1 Nogales, ArizonaHomeland Security Investigations

(Pictured on page 17 - Juan Agraz, Eric Balliet, Matt Biringer, Todd Emery, Jeremiah Healey, Dennis Lao, Joe Martinez, Brian McCormick, Brian McNaulty, Mike Monahan, Nicholas Nord-strom, Gabriel Villegas, Jeff Weidenhaft, John Zappone)

ANOA 2014 AWARDSnarCotiC Unit of the Year

In January 2011 the Homeland Security Investigation, Group 1, Nogales, Arizona began an elaborate money laundering

investigation that targeted multiple drug trafficking organizations in Central and South America. Two years later the investigation resulted in the seizure of nearly 1,200 kilos of cocaine, 50 kilos of methamphetamine, and over $4m (U.S.), $500k (Canadian), $875k (Columbian), aircraft, RPGs and frag grenades.

The investigation, dubbed, “Operation Pai-sano” enlisted the help of many American law enforcement groups, and international assistance from law enforcement entities in Canada, Mexico and Central America. The operation severely crip-pled the Sinaloa Cartel with the eventual arrest of Joaquin “El Chapo” Guzman and resulted in an estimated 25% decrease in the amount of narcot-ics being smuggled into the United States. A job well done!

Hackproof Passwords for Narcs!1

By Ronald E. Benson

Coming Next Issue!


UNIFORMED OFFICER OF THE YEAROfficer Curtis Plumb

Arizona Department of Public SafetyOfficer Curtis Plumb has been assigned to the Holbrook area along Interstate

40 since 2001. In 2013, Officer Plumb interdicted 19 drug loads seizing nearly 600 pounds of marijuana, 13 pounds of methamphetamine, 23 grams of heroin and over $22k U.S. currency.

Officer Plumb has also shown a dedication to his community by assisting as a coach in various sports at Holbrook Junior High School and Holbrook High School. He is involved with the National Honor Society, Kiwanis Club and teaches NRA hunter safety classes in Navajo County. Thank you Curtis for a job well done and for being an integral part of the community you serve.

NARCOTIC OFFICER OF THE YEARCallie Van Ooteghem

Flagstaff Police DepartmentOfficer Callie Ooteghem has significant undercover experience, having conduct-

ed over 65 undercover narcotics buys. She also played a significant role as an under-cover officer assigned to a federal OCDETF case that eventually netted a seizure of over $700k U.S. currency.

Officer Ooteghem was the lead agent in an illicit online gambling operation that spanned several counties. The case culminated in the service of numerous search warrants and the seizure of over $100k and nearly 200 computers. Officer Ooteghem also assisted in a serious serial rapist investigation in Flagstaff. After four women were sexual assaulted and seriously beaten, Officer Ooteghem conducted undercov-er works for two weeks, posing as a potential target. She was eventually confronted by the male suspect who picked her up and attempted to carry her to a parking lot. The suspect was ultimately arrested after being identified as the serial rapist. Con-gratulations Callie.

MERIT AWARDFred “Bam Bam” Banks

Arizona Department of Public SafetyDetective Fred Banks retired in June, 2014 after 28 years of public service with

the Arizona Department of Public Safety and the Phoenix Police Department. Fred worked a variety of assignments but always called his assignments to the AZ DPS State gang force his home. He had a reputation for being an exceptional undercover officer. He was always cool, calm and collected. Fred’s name is synonymous with undercover work in Arizona. His contributions and dedication to narcotic enforce-ment have earned him the 2014 ANOA Merit award. Congratulations Fred.

aWard Winners Patrol Officer of the Year CURTIS PLUMB

DPS Officer accepting for Banks

Narc Detective of the YearCALLIE VAN OOTEGHEM

Awards Prosecutor of the Year JILL SOSIN Pinal County


PROSECUTOR OF THE YEARJill Sosin

Pinal County Attorney’s OfficeCharacterized as a “cop’s prosecutor,” Pinal County Deputy County At-

torney Jill Sosin (pictured on page 16) has developed a reputation as the one prosecutor you don’t want if you are charged with a crime. Cases she has prosecuted routinely result in lengthy sentences which have positively affected the quality of life in Casa Grande, Arizona. Jill served as a police officer, detective and sergeant with the Tucson Police Department and has brought that special knowledge with her as a prosecutor. She takes an active role in each of her cases by routinely communicating with officers, taking the time to prepare officers for court hearings and making herself available 24/7 to answer questions or concerns involving a case. Congratulations Jill!

Taylor Award

Narc Unit of the Year Homeland Security Group One Nogales

Merit Award - DAVID VALENCIA

K-9 Officer of the YearGERALD AHERN

K-9 OFFICER OF THE YEARGerald Ahern

Pima County Sheriff’s DepartmentPima County Sheriff’s Department Deputy Gerald Ahern and his K-9

partners, “Kilo” and “Bodhi” conducted almost 130 searches for drugs over the year that yielded some astonishing numbers: Over five tons of marijuana, nine pounds of methamphetamine, 123 grams of heroin, and over $600k in U.S. currency. Gerald also routinely volunteers to assist other units within the sheriff’s department. He developed new protocols for effectively “sniffing” money to eliminate procedural errors. Gerald and his K-9 partners are the department’s point-of-contact for community out-reach programs. Gerald has distinguished himself from his peers by taking the initiative and assuming a leadership role in duties related to his K-9 assignment. Congratulations on your successes!


Sweet Home Alabama

Location: PiMa coUnty

RegionalNEWS

provided details of the drug operation that included how marijuana was transported to Alabama and cash proceeds transported back to Tucson.

Deploying traditional investigative techniques that included surveillance and a tracking device, the infor-mation provided by the citizen proved accurate. During the course of one surveillance operation the suspect was observed transporting a package to another male at a lo-cal hospital in Tucson. A subsequent traffic stop on the second subject yielded $70k U.S. currency.

A search warrant was later served at the residence of the suspect after he returned from a trip to Alabama. The warrant yielded drug ledgers, multiple cell phones, mari-juana packaging items, electronics, jewelry and nearly $250k U.S. currency secreted in a safe. Congratulations to the members the Pima County Sheriff’s Department’s NSIS unit.

Pima County Sheriff’s deputies assigned to the Narcotic & Special

Investigations Section (NSIS) unit completed a narcotic investigation last August that netted over $300k U.S. currency and the seizure of two vehicles and other valuable items.

The investigation began when a concerned citizen con-tacted the Sheriff’s Department to report the drug activity of the suspect. The concerned citizen was interviewed and

The Maricopa County Sheriff’s Office Interdiction Group began a multi-jurisdictional narcotic investigation in 2010 that involved two corrupt

UPS drivers who were working for several drug trafficking organizations.

Through varies investigative methods and wire taps, the investigation dubbed, “Operation Special Delivery,” culminated in 30 arrests, including the two UPS drivers, the service of 14 search warrants in five different states, the seizure of over a 1,000 pounds of marijuana and over $2m (U.S.) in cash and assets. A four-month trial just ended in early 2014. A superb job!

The Arizona Narcotic Officers Association acknowledges the continued support of the Phoenix Law Enforcement Association

Regional News continued on page 22

Brown & outLocation: MaricoPa coUnty

Time is TickingLocation: naVajo coUnty

Navajo County Sheriff’s Office Major Crimes Apprehension Team (MCAT) received information in mid-June that a vehicle was going to be

transporting a load of methamphetamine from Mesa, AZ to a destination back east. The MCAT only had about an hour to locate the vehicle and begin setting up surveillance.

Once located, and a GPS tracking warrant obtained, sur-veillance was conducted for a few days. After going mobile, the vehicle was stopped by AZ DPS in Yavapai County. Ap-proximately 11 pounds of meth and almost eight pounds of heroin were located inside.


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Taking Care of BusinessLocation: BULLHeaD city

RegionalNEWS

The Bullhead City Police Department Vice/Narcotic Squad and the Mohave Area General Narcotics Enforcement Team (MAGNET) have been busy

taking care of business in Bullhead. In March, the Bullhead City Police Department’s Vice/Narcotic Unit received information of a subject selling methamphetamine and heroin. Several months later a concerned citizen reported the same activity and offered to assist in the investigation. The concerned citizen agreed to make several buys from the suspects, which were recorded by BHCPD officers. A search warrant was then obtained for the suspect’s residence. Prior to the service of the warrant, a traffic stop was conducted on the suspect as he left his residence. Located in his vehicle was suspected meth and heroin, along with a firearm. A search of his residence yielded suspected meth, assorted packaging material, more firearms and over $3k in cash.

In June, members of MAGNET conducted a traffic stop based on a warrant for the female driver. Information received by MAGNET detectives was that the female was transporting large amounts of heroin from Las Vegas. A male passenger was also in the vehicle. When the male stepped out small ounce bags of heroin fell from his shorts.

Subsequent search warrants were served at the female’s residence and a storage facility. Located at the home were drug ledgers, a small amount of heroin, narcotic packaging material and drug paraphernalia. A roommate to the female was also at the home when the warrant was served there. The storage facility yielded over $20k in U.S. currency. All three subjects later admitted their involvement in the distribution of heroin in and around Bullhead City. All were booked into jail charged with various narcotic-related transportation charges.

Subsequent Search Warrants were Served


This past August, members of the West Valley Task Force responded to a call of a possible meth lab at

a commercial business near 27th Avenue and Encanto in Phoenix. What was found was a bona fide “wash lab” that appeared to be in full production. A search warrant was obtained and served on the site with the assistance of the AZ HIDTA Lab Squad. The lab site was ultimately dismantled and destroyed.

In total, approximately 25 pounds of fin-ished crystal methamphetamine and meth in various phases of production were found in acetone solution. This case illustrates the exceptional team effort of Phoenix valley law enforcement agencies. Nice job guys!

In late August, the BHCPD Vice/Narcotic Unit served a search warrant at an apartment for suspected heroin trafficking. Heroin was located inside. As officers

were processing the scene, they were approached by a concerned citizen who reported several of the apartment residents ran to another apartment prior to the warrant service.

Officers contacted a resident in the other apartment and learned he was in the U.S. illegally. They also dis-covered marijuana in his pant pocket. The subject was later transported to jail where he attempted to hide a small amount of methamphetamine while being booked.

Back at the apartment complex, while police were speaking with the subjects in the second apartment, an-other subject went to the second apartment, not realizing police investigators were inside, and asked to be let in. Drug paraphernalia was located in his pants.

Back at the original apartment, investigators located several subjects in the apartment, along with 44 grams of heroin, 162 grams of methamphetamine, a 50-cal fire-arm and the associated narcotic packaging materials.

The main target of this investigation recently arrived in the Bullhead City area from California.

Meth Wash labLocation: PHoenix

FiascoLocation: BULLHeaD

Regional News continued on page 27

Bonafide

wash lab

marijuana pant pocket

paraphernalia 162g meth

44g heroin.50-cal firearm


raffle/vendors

Raffle

Raffle AR 15 winner

Fishing Trip Winner

Raffle Hunt Winners

Raffle Watch Winner

Would you like to BE A VENDOR

at the next ANOA TRAINING

Conference?CONTACT

Phil @ ANOA [email protected]

vendors

Raffle Watch Winner

Membership Applicationt t

NAME:

AGENCY:

ADDRESS:

CITY: STATE: zIP:

PHONE NUMBER:

MEMBER DUES: $25

TOTAL AMOUNT ENCLOSED:

(PLEASE TYPE OR PRINT CLEARLY)

BECOME A MEMBER TODAY!Membership to the Arizona Narcotic Officers Association is becoming a part of an

organization that is a leader in law enforcement training in Arizona and a voice on issues and concerns that affect criminal justice employees in Arizona. ANOA is also active in the National Narcotic Officers Association Coalition, addressing law enforcement concerns at the national level. Membership benefits also include:

Life Insurance benefitsSubscription to the Arizona Narcotic Officer magazineOpportunity to enhance leadership skills through volunteer opportunities

with the association.

WHAT ARE YOU WAITING FOR? JOIN ANOA TODAY!

BECOME A MEMBER TODAY

DATE RECEIVED: ____________

RECEIPT # _________________

AMOUNT RECEIVED: ________

MEMBERSHIP YEAR: ________

office use only


The Navajo County Sheriff’s Office Major Crimes Apprehension Team (MCAT)

continues to have success with the interdiction of narcotics loads along I-40 in northern Arizona. In early February a vehicle was stopped near Holbrook that yielded 17 pounds of heroin. MCAT officers searched the vehicle and noted obvious signs of

tampering. The lone occupant in the vehicle hailed from Irving, TX.

In mid-June the Navajo County Sheriff’s Office Traffic unit conducted a stop on I-40, again near Holbrook, and located 58 pounds of metham-phetamine. A drug detection K-9 im-mediately alerted to the vehicle, which showed signs of tampering. Along with the illegal narcotics, deputies also lo-

cated release paperwork for the driver from the Homeland Security ICE. Na-vajo County Sheriff Kelly (KC) Clark was “disappointed” this subject was released from custody only to com-mit more crimes in Arizona. The lone driver was booked on multiple drug-related charges.

i-40 remains ActiveLocation: nortHern arizona

East-Side Crips Criminial Enterprise round-Up

Location: tUcson

NEWSRegional

On August 20, 2014 during the pre-dawn hours, SWAT elements from the Arizona Department of Public Safety, US Bureau of Alcohol Tobacco

Firearms and Explosives (ATF) and the Tucson Police Department executed 9 search warrants in Tucson, Arizona as a result of a year-long investigation surrounding the criminal activities of the members and associates of the East-side Crips/East-side Mafia Crips criminal street gang operating in Tucson, Arizona. The investigative team was comprised of detectives/agents from GIITEM State Gang Task Force; The US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Tucson Police Department.

As a result of the investigation, most of the signifi-cant suspects are facing up to an 88 count felony indict-ment. The initial “round-up” operation included arrest warrants for 19 suspects. The suspects of this investiga-tion have been determined to be a main group of indi-viduals who are suspected of being involved in narcotics trafficking, money laundering, possessing/trafficking fire-arms, participating in a criminal street gang and commit-ting violent crimes to include homicide, aggravated assault and home invasions. This gang also operated “Airtight”, a recording studio in Tucson, Arizona located near Broad-way and Kolb.

At the conclusion of the day’s operation, 17 of the 19 suspects were physically arrested. Investigators seized over $100K in U.S. currency along with various drugs to in-

clude heroin, cocaine, and marijuana. At the recording studio alone, investigators seized over $750,000 (est.) in electronic/recording equipment. During the interviews of those arrested/detained, investigators confirmed and cor-roborated information on three homicide suspects.

Information gained from August 20 “round-up” re-sulted in the Pima GIITEM Squad/Border Enforcement Security Task Force serving three additional search war-rants the following day which resulted in the recovery/seizure of 12 weapons which included a suppressed “Uzi” 9mm and other supporting indicia. These seizures were significant in respect to the fact that suspect whom investi-gators linked to these weapons was a prohibited possessor and a member of a criminal street gang. It is the inten-tion of the Arizona Attorney General’s office to charge the weapon’s violation to this individual for each weapon.


vendors

vendors

The U.S. Supreme Court has finally spoken on the issue of cell phone searches. The

Court’s opinion in the consolidated cases Riley v. California and United States v. Wurie was released June 25, 2014. Both cases involved warrantless searches of cell phones incident to arrest. Riley’s smart phone was subjected to a fairly comprehensive search. Only the call log of Wurie’s older “flip phone” was viewed. The California Court of Appeal found the search of Riley’s phone lawful. The First Circuit Court of Appeals reached the opposite conclusion with respect to the search of Wurie’s phone. These two cases illustrate the confusing split of opinion that had emerged in cell phone search incident to arrest rulings. Certain courts had considered cell phones just another personal item subject to at least some level of warrantless search incident to arrest. Others were more protective of the large amount of private information contained in these devices and required police to obtain warrants before searching them.

The Supreme Court adopted the latter approach. In a unanimous deci-sion the Court held that, in general, a cell phone seized from a person who has been arrested may not be searched without a warrant. While specifical-ly stating the search incident to ar-rest exception does not apply to cell phones, the Court left open the pos-sibility of other exceptions justifying a warrantless search of a particular phone. The reasoning behind the ruling indicates that such situations should, however, be rare. In fact, the Court speculated that only in “exigent circumstances” involving imminent,

not merely speculative, danger could a phone be searched without a war-rant. In all other circumstances the rule is clear—get a warrant.

Our state supreme court also re-cently issued a significant decision. In State v. Serna, decided August 7, 2014, the court considered whether a Terry frisk can be done during a con-sensual encounter when the subject is known or believed to be armed. The pertinent facts of the case are as fol-lows: two patrol officers initiated a consensual encounter in a “gang neighborhood” with Serna. He was polite and cooperative. While speak-ing to him, one of the officers noticed a bulge in Serna’s waistband and asked if he had any guns. When he replied that he had a gun, the officer ordered him to put his hands on his head and removed the gun from Ser-na’s waistband. Being a prohibited possessor, he was convicted of weap-ons misconduct.

In Terry, the U.S. Supreme Court held that a police officer can frisk for weapons if the officer reasonably concludes “[1] that criminal activity may be afoot and [2] the persons with whom he is dealing may be armed and presently dangerous.” Those two re-quirements were reiterated in Arizona v. Johnson, (2009). “First, the inves-tigatory stop must be lawful”, i.e., supported by reasonable suspicion. “Second, to proceed from a stop to a frisk, the police officer must reason-ably suspect that the person stopped is armed and dangerous.” Accord-ingly, in Serna the Arizona Supreme Court concluded that Terry allows a frisk only if both conditions are met. There can be no frisk without a stop based on reasonable suspicion.

Applying this rule to the facts of the case, the court found that the con-sensual encounter with Serna became a seizure when the officer ordered him to put his hands on his head. At that point the officer did not have rea-sonable suspicion of criminal activ-ity and therefore had no justification for frisking Serna. It’s not illegal for adults to carry concealed weapons in Arizona and the officer had no reason to suspect Serna was a prohibited pos-sessor. Thus the evidence against him (the gun) was the product of an illegal search.

The important points to take from this case are the following: First, the rule announced by the court. If it wasn’t clear before, it is now—Terry frisks are only allowed in conjunc-tion with a Terry stop. Consensual encounters are not stops. Second, consensual encounters can quickly evolve into stops/seizures, intention-ally or not. If reasonable suspicion arises during the encounter, there is no problem with exercising your au-thority. On the other hand, don’t give orders or put hands on someone while the encounter remains consensual. Third, although not strictly part of its ruling, the court emphasized that Terry requires a suspect be armed and presently dangerous before a frisk is justified. The court stated that the mere presence of a weapon, particu-larly in a state that freely allows citi-zens to carry them, does not provide reasonable suspicion that the person is dangerous. Avoid that pitfall by ar-ticulating a reasonable basis for sus-pecting the person to be dangerous, as opposed to merely armed.

Legal UpdateSean Holguin, Legal Advisor Pima County Sheriff’s Department

New Decisions from the U.S. & Supreme Courts


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