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.

Armed Robbery of Salt Lake City Restaurants

Multiple cases of armed robbery with a similar suspect description were reported by Salt Lake City restaurants within a two day stretch prior to the New Year.

String of establishments robbed at gunpoint

Armed Robbery

Photo by: Geoffrey Fairchild

Within a 48 hour window, four different businesses in Salt Lake City, including three restaurants called police to report an armed robbery in which one or two suspects brandishing firearms demanded cash from employees. At the first two locations, a suspect was described as a black man with an accent who was accompanied by another male of Hispanic descent. The next two locations the following day were apparently robbed by a similar black man with an accent who was acting alone. As descriptions of the suspects provided from witnesses at each of the armed robbery locations began to match, authorities noted that the robberies were likely connected.

Robbery vs aggravated robbery

According to Utah Code 76-6-301, “A person commits robbery if:

a) the person unlawfully and intentionally takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by means of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the person property; or

b) the person ( . . . ) uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation.” Robbery is a second degree felony.

If a person commits armed robbery with a dangerous weapon, causes serious bodily harm during the course of the robbery, or carjacks or attempts to carjack a vehicle with an occupant inside, it is then considered by Utah Code 76-6-302 to be aggravated robbery, a first degree felony. When caught, the suspects in the string of robberies throughout Salt Lake City will be facing a first degree felony and five years to life in prison.

Surprising cases of armed robbery

Photo by: Luke Larsson

Photo by: Luke Larsson

When a working firearm is displayed in an armed robbery, there is little doubt that a dangerous weapon was used. There are some instances however, where an item was made to appear dangerous, but in fact wasn’t. Some examples include: an unloaded or fake gun; realistic looking blades or knives; an apparently vicious animal; or even an object such as a stick or finger inside a jacket pocket making the appearance of a gun. While these “weapons” may not have been dangerous, the fear in which they instill in the victim is the same as if an actual weapon was used, and the penalties would likewise be the same. This can surprise some defendants who were perhaps not intending to create fear in someone or were not in a sober state of mind to think rationally. For more information on aggravated or armed robbery and the defense options possible with these charges, contact a criminal defense attorney.

Impaired Driving – The Reduced DUI Charge for Utah Drivers

Utah drivers who are arrested for a DUI need to know there’s a chance they may be offered a reduced charge known as impaired driving. Although this charge is slightly better than a DUI, it is best to consult with a criminal defense attorney to find out if it is the best option available.

Don’t settle without legal counsel

DUI

Photo by: SanDiego DUIAttorney

When a driver is arrested for a DUI, they may accept whatever charges are thrown at them; this is a major mistake that many Utah drivers make. There is a possibility that a DUI charge can be reduced to impaired driving instead. The option for this reduced charge is not something the prosecution will always offer voluntarily, so it is encouraged to have an educated attorney on your side can help ensure this option is available to those who qualify. If a prosecutor willingly and swiftly offers a plea bargain of impaired driving, it is best to consult with an attorney before agreeing as there may be a better option out there.

DUI-Driving under the influence

A DUI is what Utah Code 41-6a-502 defines as “driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration”. A person may face a DUI charge if they operate a vehicle with a blood or breath alcohol concentration of .08 grams or higher. They may also face a DUI charge if they are under the influence of alcohol or drugs which would “render the person incapable of safely operating a vehicle.” If someone is arrested for a DUI, it is considered a class B misdemeanor and the guilty party can plan on spending at least 48 hours of jail time, losing their Utah’s driver’s license, and dishing out a hefty fine.

DWI – driving while impaired (impaired driving)

Impaired Driving

Photo by: SanDiego DUIAttorney

DUI and impaired driving; these two terms may sound like different ways of saying the same thing, but there are slight differences that are important to understand. Impaired driving is considered a reduced DUI charge of one degree and according to Utah Code 41-6a-502.5, “[w]ith the agreement of the prosecutor, a plea to a class B misdemeanor violation of [a DUI] may be entered as a conviction of impaired driving ( . . . ) if:

a) The defendant completes court ordered probation requirements; or

b) (i) the prosecutor agrees as part of a negotiated plea; and

(ii) the court find the plea to be in the interest of justice.”
Those facing impaired driving charges are less likely to spend time in jail and will usually have a smaller fine.

Additionally, those facing impaired driving charges will typically either have their driver’s license suspended for half the time of what can happen with a DUI or they may not lose their license at all.

Not for everyone

Not all DUI charges have the potential for being reduced to an impaired driving charge. These plea deals are saved for those who are first time offenders without a criminal history. If someone is hurt or if a minor is in the vehicle at the time of arrest, then a DUI charge will not decrease but increase instead to a class B misdemeanor. If a person is seriously injured because of someone negligently driving under the influence, then the charges can increase even higher to a third degree felony. This is the same charge for repeat offenders with two or more convictions of a DUI or impaired driving within the last 10 years. Regardless of whatever charges a defendant is facing, a criminal defense attorney will help ensure the best possible outcome for his client.