Salt Lake City Police Department Code of Ethics

Utah residents have certain expectations from the Salt Lake City Police Department which can include: detecting and preventing criminal activity; answering calls from the public for assistance; and upholding their code of ethics when handling
any situation put before them.

Police conduct in question

Photo by: Dave Conner

A video was recently released showing a July incident involving a Salt Lake City police detective roughly and incorrectly handling a situation with a nurse from the University of Utah hospital. Detective Payne and officers with the Salt Lake Police Department arrived at the hospital, requesting a blood draw from Idaho reserve officer and truck driver William Gray, an innocent victim hurt by a suspect in a high speed chase. After speaking via phone to her supervisor, nurse Alex Wubbels calmly informed Detective Payne that pulling a blood sample from unconscious Gray was unethical, and violated the patient’s Fourth Amendment rights as well as hospital policy. She presented documentation that for police to obtain a blood draw from a patient, they must have either:

• Consent from the patient;
• A warrant from a judge; or
• Have already placed the patient under arrest.

After becoming visibly upset, Detective Payne forcefully removed the nurse from the hospital in handcuffs before placing her in his vehicle.

Protecting citizens from other officers

While Detective Payne’s actions were undoubtedly excessive and troubling, so was the inaction of other officers on scene. Multiple officers were seen present on the video of Payne and Wubbels confrontation however none of those officers stepped in when Payne had noticeably crossed the line and admit shouts of “help me” and “why is this happening” from scared and confused Wubbels. More troubling is why nothing was done within the department until after the video was shared more than a month later. What should Utah residents expect from police and did nurse Wubbels receive treatment from Payne and the police department that was in line with their posted Code of Ethics?

Salt Lake City Police Department Code of Ethics

Photo by: Mesa0789

According to the Salt Lake City Police Department Policies and Procedures Manual is a copy of the Constitution followed closely by the Law Enforcement Code of Ethics. This section states that “All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing.” The Code of Ethics lists several areas in which they are to uphold these standards. These include: “Responsibilities of a Police Officer; Performance of the Duties of a Police Officer; Discretion; Use of Force; Confidentiality; Integrity; Cooperation with Other officers and Agencies; Personal/Professional Capabilities; and Private Life.

Violation of the Code of Ethics

Some of these “ethical mandates” above do not appear to be portrayed by any members of the police department present during the incident that took place at the University of Utah Hospital. These include:

Responsibilities of a Police officer. The first section of the Code of Ethics state “A police officer acts as an official representative of government who is required and trusted to work within the law. ( . . . ) The fundamental duties of a police officer include serving the community, safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice.”

Performance of the Duties of a Police Officer. According to the next section, “All citizens will be treated equally with courtesy, consideration and dignity. ( . . . ) Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in ( . . . ) such a manner as to inspire confidence and respect of the position of public trust they hold.”

Use of Force. Another section of the Code of Ethics explains that “[a] police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person.”

Victims of police force

Nurse Wubbels was an innocent party to the incident at the hospital who was trying to keep the peace herself while protecting another innocent person- her patient William Gray. Not only was Detective Payne uncourteous in his performance, degrading Wubbels in front of her coworkers and other patients while using unnecessary force, the other officers on scene did nothing to protect her or her patient’s rights from Payne’s outrageous behavior. While unfortunate, this scene should encourage the department to increase their training regarding working with health care employees and treating citizens professionally and civilly.

Unreasonable Search of a Hotel Room

In some ways, a hotel room is literally a home away from home as patrons are granted the same privacy against an unreasonable search of their hotel room just as they would a search of their residence.

Fourth amendment protection of hotel guests

Photo by: Elizabeth Greene

In order for law enforcement to enter a hotel room that is considered occupied, they must either obtain a warrant or permission from the hotel guest staying in said room. Without either consent or a warrant, a search of a hotel room violates the Fourth Amendment rights of the hotel guest as “a hotel guest is entitled to the constitutional protection against unreasonable searches and seizures.” (McDonald v. United States, 335 U. S. 451). This protection against a search of a hotel room is lifted only after the guest has checked out, been kicked out, or served with a warrant.

Warrant or permission (from hotel patron only)

Many hotel employees assume that if they are asked by police to let them enter a room that they must comply with the demands. Although hotel employees are allowed access to rooms for cleaning or repairs, law enforcement is not awarded this same privilege. There have been several cases where evidence obtained from a hotel room has been thrown out as the consent to search was from a hotel employee and not the hotel patron. In the case of Stoner v. California (376 U.S. 1964) a night clerk gave police  access a hotel room that was being rented out to Joey Stoner, a suspect in a recent bank robbery. Stoner was not present during the search nor did he give police permission to search the room he was staying in. For this reason, all evidence collected in the room that connected Stoner to the bank robbery was not permitted in court.

Know your rights

Photo by: macaron*macaron(Est Bleu2007)

Hotels and their guests have rights regarding police searches. Hotel employees have the right to refuse a search of their guest registry and a hotel guest can refuse a search of their room. It is important for everyone to understand their rights against unreasonable searches and seizures. For those facing charges after their Fourth Amendment rights were violated, it is recommended they speak to an experienced criminal defense attorney to discuss whether or not the case against them has any basis without the unlawfully obtained evidence.

Chatty Officer May Actually be performing a Consensual Encounter

Meeting a chatty police officer could mean nothing more than they are approachable or talkative; however Utah residents are warned to use caution as a presumably friendly conversation with police could actually be consensual encounter.

Local festivities

Photo by: Johnny Silvercloud

Communities around Utah are joining together for a slew of holiday festivities tomorrow that guarantee to bring in larger crowds than normal. These large crowds necessitate cities to increase the amount of law enforcement on duty. As everyone- both young and old, rich or poor, normal citizen or officer, come together to celebrate a commonality, it is not unusual for Utah residents to strike up conversations with one another. Unfortunately, as law enforcement on duty continues to perform their job while spending time in the community, they will often use simple conversations as consensual encounters.

Consensual encounter

A consensual encounter is a tactic used by law enforcement to obtain information from a person without having reasonable suspicion to do so. If an officer wants to investigate a person but has not identified a viable reason to do so yet, they may do nothing more than visit with the person for a short while.

Consensual Encounter

Photo by: D_M_D

A consensual encounter does not violate a citizen’s Fourth Amendment rights as it is nothing more than an encounter that ends in a conversation and at no time is the person detained or otherwise unable to leave. It is considered a consensual encounter as long as the officer kept their questioning short and simple and refrained from:

• Drawing their weapon;
• Placing someone in handcuffs;
• Turning on police lights or sirens;
• Physically detaining a person;
• Blocking someone with a patrol vehicle; or
• Speaking with force or intimidation.

Terry stop vs arrest

Photo by: David Poe

If any of the above points end up taking place during a consensual encounter, it then becomes either an investigatory stop or an arrest. An investigatory stop, otherwise known as a Terry stop takes place if a person is detained briefly by law enforcement. In order to perform a Terry stop officers must have a reasonable suspicion that the person has been or is currently involved in criminal activity. This can include instances such as if illegal contraband is in plain view or if police have a hunch the person is armed and dangerous and wish to do a brief pat-down. Terry stop often consist of traffic stops and are to be no longer than 20 minutes. If the officer either has a warrant or develops probable cause during a Terry stop, then an arrest is made. An arrest is a more formal detainment such as being handcuffed and placed in the back of a patrol vehicle and this act should always be preceded by the Miranda Warning.

Questionable stops

All residents are advised to be aware about the possibility of increased consensual encounters during the festivities tomorrow. Anyone who feels they have been unjustly questioned or detained by police during a consensual encounter and are now facing criminal charges, it is encouraged to speak to a defense attorney who will ensure their Fourth Amendment rights against unreasonable searched and seizures are protected.