Caroline's Crime Scene

Ask A Cop: Underage Drinking

Mon, 17 Jul 2006 04:00:00 GMT

Is it legal for a teen to consume alcohol in his or her own home? What are the consequences for adults who provide liquor to minors? These are some of the questions on underage drinking Bloomington Deputy Police Chief Perry Heles answers in this week's "Ask a Cop." E-mail me any other questions you might have for Deputy Chief Heles. Caroline Lowe.

Many people tend to underestimate the scope and impact of underage drinking in the United States today. To bring a bit of context to the issue consider the following points:

• The Journal of American Medical Association reports in a 2003 study that nearly 20 percent of all alcohol consumed in the United States is by underage drinkers.

• A 2004 Minnesota student survey found that 63 percent of high school seniors drink alcohol. Four in every 10 Minnesota 9th graders report drinking in the past year.

• More than one-third of 12th grade boys and one-quarter of 12th grade girls report binge drinking (five or more drinks in a row) in the two weeks prior to the survey. Fifteen percent of 9th grade boys and 9th grade girls report binge drinking.

• The consequences related to underage drinking were estimated to cost the citizens of Minnesota nearly $1 billion in 2001.

• According to the Centers for Disease Control, alcohol is a key factor in the four leading causes of death among young people in America: traffic crashes, homicides, injuries, and suicides.

Nationwide surveys tend to suggest that alcohol is fairly easy to acquire by underage persons. A national survey revealed that teenagers usually get their alcohol from someone of legal age to purchase it.

The next most common means for underage youth to acquire alcohol is to get someone else underage to obtain the alcohol for them and finally as a less popular alternative to enter a liquor establishment themselves and attempt to purchase alcohol.

In Minnesota for example, it is illegal for any person under the age of 21 to consume, possess, purchase or attempt to purchase any alcoholic beverage. An exception is an underage person may consume alcohol in the household of their parents or guardians residence with their consent.

Additionally, Minnesota law also makes it unlawful for a person under the age of 21 to enter a liquor establishment for the purpose of purchasing or consuming alcohol. Under certain conditions licensed retailers may seize identifications in which they have reasonable grounds to believe have been altered.

It is now a felony for anyone other than certain licensed retailers to provide, furnish, or sell alcoholic beverages to a person under the age of 21 if that person becomes intoxicated and causes or suffers death or great bodily harm as a result of the intoxication.

For additional information please review Minnesota state statutes 340A.503/340A.701 or contact your local law enforcement agency.

Source: Minnestota Institute of Public Health

Ask A Cop: Home Raids Without Warrents

Thu, 01 Jun 2006 04:00:00 GMT

The U.S. Supreme Court issued a ruling a few days ago on the question of when police can enter a home without a warrant. Bloomington Deputy Police Perry Heles explains what the court's ruling means for citizens and police in this week's Ask A Cop. E-mail me your questions for Deputy Chief Heles. Caroline Lowe

Deputy Chief Perry Heles:

One of the more common questions we field from younger citizens, particularly this time of year, is "Do the police have the authority to enter a private residence uninvited without a warrant on a fairly minor issue?" These questions are frequently associated with an underage house party involving alcohol in which there is no responsible adult supervision.

Police procedures tend to vary from jurisdiction to jurisdiction depending on how case law was interpreted -- perhaps until now.

Although the following case involved the emergency aid exception to getting a warrant due to an on-going physical altercation, some may argue that the court's rationale could be applied to other circumstances. Take for instance the house party example involving underage alcohol consumption.

Assume law enforcement develops credible information or actually witnesses underage individuals consuming alcohol in a residence and the underage occupants opt not to allow the police to enter without a warrant. What should the cops do? Do these situations constitute a similar emergency exception? I.e. underage consumption of alcohol. Is it reasonable or practical to require police to return back to headquarters to draft a search warrant, call and arrange for a judge, take the warrant to the judge for review and return to the scene to execute the warrant?

If that's the case, this process may take two to three hours since first observing the underage drinking and the house in all likelihood will be empty by the time the police with warrant in hand arrive back at the scene. Why not "freeze the house" with police while others obtain a search warrant? Possible, however, not many jurisdictions have the resources to surround houses with sworn personnel and put other calls on hold for an hour or two.

As often is the case, more questions than clear cut answers. Here's the facts. What do you think?

A unanimous U.S. Supreme Court ruled on May 22, 2006 that police can enter a house without a warrant when they believe an occupant is seriously injured or threatened, a case that pitted police powers against privacy rights.

The ruling by Chief Justice John Roberts said entry was allowed when the officers "have an objectively reasonable basis" for believing an injury was imminent or had occurred.

The ruling was a victory for law enforcement who argue that officers who entered the house to break up a fight were justified in their decision to protect others from harm.

In the case, four officers arrived at a house in Brigham City, Utah, at 3 a.m. on July 23, 2000, and could clearly see through a screen door and two windows that several adults at a party were restraining a juvenile.

The juvenile then broke free and struck one of the adults in the face with his fist.

Two officers opened the screen door and yelled "police" but no one heard because of the noise. They then entered the kitchen and yelled loudly several times before the occupants finally realized the police were present and the altercation stopped.

The adults, Charles Stuart and Shayne and Sandra Taylor, were arrested and charged with disorderly conduct, intoxication and contributing to the delinquency of a minor.

The justices overturned a Utah Supreme Court ruling that the entry into the home was unconstitutional and police should have knocked on the door.

Roberts said the entry "was plainly reasonable under the circumstances."

"The role of a peace officer includes preventing violence and restoring order, not simply rendering first aid to casualties; an officer is not like a boxing (or hockey) referee, poised to stop a bout only if it becomes too one-sided," he wrote.

Roberts said the officers had a reasonable basis to believe the injured adult might need help and the violence in the house was just beginning.

Nothing in the Constitution requires the officers to wait until something worse happens before entering, he added.

"It would serve no purpose to require them to stand dumbly at the door, awaiting a response while those within brawled on, oblivious to their presence," Roberts concluded in the eight-page opinion.

Ask A Cop: Radar Readings

Tue, 09 May 2006 04:00:00 GMT

If you are stopped by a police officer for speeding, do you have the right to see the radar results? That's this week's question for Ask A Cop. If you have any questions for Deputy Chief Perry Heles, please e-mail them to me. Thanks. Caroline Lowe

Deputy Chief Perry Heles:

Although some officers may oblige motorists who are about to receive a speeding ticket by allowing them to see the actual reading on the radar unit, it is not a requirement or even advisable in many circumstances.

Many police officers are hesitant to allow drivers' requests to see the radar readout due to safety considerations for both the driver as well as the officer. Police officers are specifically trained to keep the driver of a violator vehicle situated in their vehicle while they are running warrant checks or issuing a citation so they don't have to constantly monitor the drivers' movements.

Another key consideration is that of maintaining the drivers' safety during the traffic stop. Many of the roadways, particularly in the metro, are extremely busy, and it's not the safest thing to have motorists walking on the side of the road to peer into squad cars.

Officers are required to ensure that the radar equipment is properly calibrated, properly operated and maintain supporting documentation to indicate the unit is working properly. Taken collectively, the requirements are designed to safeguard against erroneous speed radar readings.

Perry Heles
Deputy Chief of Police
Bloomington Police Department

Ask A Cop: Tinted Windows

Wed, 19 Apr 2006 04:00:00 GMT

Thinking of tinting the windows in your car? Before you do, get the facts on what levels are legal. Here's Bloomington Deputy Chief Perry Heles answering this week's question for Ask A Cop. Caroline Lowe

Bloomington Deputy Chief Perry Heles:

There often is confusion as to the exact window tinting regulations from state to state. The State of Minnesota window tinting regulations provide for the following:

The darkness of tint is measured by visible light transmission (VLT%). The percentage refers to the percentage of visible light allowed in through the tint once it's applied.

Minnesota State statute 169.71 regulates the materials authorized as well as the prohibitions and exceptions on window tinting. The following is a simplification of the complete law:

Windshield - No tinting allowed on the windshield.
Front side windows - Must allow more than 50% of light in.
Back side windows - Must allow more than 50% of light in.
Rear Window - Must allow more than 50% of light in.

As far as the type of coating goes, Minnesota law regulates how reflective the coating material can be. Similar to mirrored lenses in sunglasses, some tinting films contain metallic elements that help reflect incoming light and reduce the heat and glare generated by the light and the amount of this material is limited as follows:

Front side windows - Must not be more than 20% reflective
Back side windows - Must not be more than 20% reflective

There are several exceptions to the state law to include limousines and funeral vehicles as well as medical exceptions. Please refer to Minnesota State statutes for the complete law.

Ask A Cop: Britney Spears And Her Baby

Fri, 10 Feb 2006 05:00:00 GMT

Several people have asked why Britney Spears wasn't cited for driving her car with her baby in her lap. The incident was captured on film by a photographer but police did not tag her for the obvious violation. Bloomington Deputy Chief Perry Heles explains in this week's Ask a Cop. Please e-mail me your questions for Deputy Chief Heles. Thanks! Caroline

Deputy Chief Perry Heles:

Minnesota, like most other states has laws requiring motor vehicle operators to equip and install for use in the motor vehicle, according to manufacturer's instructions, a child passenger restraint system that meets federal standards. This law applies to children under the age of four and a seatbelt is not a substitute for the child restraint chair.

Any motor vehicle operator who violates this subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not more than $50. The fine may be waived or the amount reduced if the motor vehicle operator produces evidence that within 14 days after the date of the violation a child passenger restraint system meeting federal motor vehicle safety standards was purchased or obtained for the exclusive use of the operator.

Many were left to ask why a certain celebrity that was caught with her baby of less than one year was not charged with this violation. In Minnesota, like many other states, a peace officer has to witness most misdemeanor offenses before they can take enforcement action. There may be other avenues to charge in circumstances such as this but it might come across as though she is being unfairly singled-out for prosecution because of her celebrity status.

Ask A Cop: Whiskey Plates

Mon, 30 Jan 2006 05:00:00 GMT

Ever notice some silver-colored license plates with "WX" or "WY" on them while you were out driving, and wonder what they stand for? These are the so-called "whiskey plates". Bloomington Deputy Chief Perry Heles explains how they work in this week's "Ask a Cop." E-mail me any other questions you might have for Deputy Chief Heles. Thanks.

Some have noticed lately that among the wide variety of Minnesota license plates being issued are somewhat different looking plates bearing the letters WX, WY, XW etc. printed with blue letters on a silver plate. These plates sometimes referred to as "whiskey" plates are issued to permit licensed drivers to operate a motor vehicle when the original license plates have been impounded by court order or through administrative action. Department or court permission is required for issuance and ownership transfer of these special plates.

Examples of when regular plates may be seized:

• 2nd drug or alcohol related violation in 10 years
• Commercial vehicle disqualification
• Driving with a BAC of .20 or more
• While having a child under the age of 16 in the vehicle if the child is more than 36 months younger than the offender
• Violators drivers license is canceled-IPS (DWI or sober)

Impoundment order(s) to seize the regular plates may include all plates that are registered by the violator; the plates must be turned in to the DPS (Department of Public Safety) in seven (7) days.

Any regular plates on any vehicle that the violator is currently driving will be seized and destroyed, regardless of ownership.

If the violator is on an ATV, snowmobile or boat, the license plates on the vehicles registered to the violator will be seized as well.

Special registration plates issuance:

Special series registration plates may be issued to a vehicle owner if they have a valid or limited license.

A person does have the option to request an administrative review as well as judicial review during this process.

In 2003 the Minnesota Supreme Court ruled unconstitutional Minnesota State Statute 168.0422 which authorizes law enforcement to stop motorists based solely on the presence of special series registration plates. The court held that the presence of special series plates alone does not amount to reasonable articulable suspicion to justify the stop of a motorist.

Please contact your local law enforcement agency or Minnesota Department of Driver and Vehicle services for any additional information.

Thanks to Officer Bret Anderberg of the Bloomington Police Traffic unit for contributions to this response.

Ask A Cop: Don't Leave Your Cars Running

Thu, 15 Dec 2005 05:00:00 GMT

When the temperatures drop, car thefts rise as thieves look for an easy way to get from here to there. Leave your vehicle running unattended for barely a minute, it may be gone when you return. Sadly, sometimes that can lead to tragedy as we saw last week in Minneapolis when a woman became the victim of a hit-and-run as she tried to stop a car thief. In this week's Ask a Cop, Bloomington Deputy Police Chief Perry Heles talks about the "open ignition" laws.

Bloomington Deputy Police Chief Perry Heles:

Many crimes and police calls for-service tend to decline in the cold winter months in Minnesota. One crime that may buck that trend and spike up in extremely cold weather is that of auto theft.

As you might imagine, when it gets extremely cold outside, folks start their vehicles to warm up and too often leave them unlocked and unattended, which tends to be very inviting for opportunist car thieves -- especially when the vehicles are full of Christmas gifts.

Not only is it a good way to lose your vehicle, it's also illegal to leave a vehicle unattended with the engine running, which could result in a citation- to the tune of $34 in Hennepin County. Things become even more serious when we look at the numerous incidents nationwide that involve stolen vehicles that have small children in them.

As in most cases, a little common sense and few precautionary measures and most incidents can be prevented. Generally speaking, most "open ignition" laws allow you to warm vehicles up to include remote vehicle starters as long as you make sure your vehicle is locked up tight.

Should you find yourself the unfortunate victim of an auto theft, call the police immediately and be prepared to provide your license plate number and provide a complete description of your vehicle including if it is equipped with GPS.

If you witness your vehicle being stolen or you are the victim of a car jacking, it's best not to interfere or attempt to prevent the suspects from stealing your car -- its sheet metal and parts that can be replaced. Stay safe and be the best witness/victim by memorizing suspect descriptions, direction of travel and any other key information. Remember to call 911 immediately - time is key here to apprehending the suspect(s) while still in the vehicle.

Nationally, there is a vehicle stolen every 25 seconds!

Please consult with your local law enforcement for specific open ignition laws in your jurisdiction.

City of Bloomington open ignition ordinance:

Section 8.97. CONDITION OF UNATTENDED MOTOR VEHICLE; OPEN IGNITION.

No person shall leave a motor vehicle unattended in the City unless the ignition thereof is in the locked position and the keys are removed there from and not visible from the exterior of such motor vehicle. This provision is not applicable if the windows are closed and the doors are locked or if the motor vehicle is in a building.
(Added by Ord. No. 96-19, 6-3-96)

Ask A Cop: Identity Theft

Wed, 07 Dec 2005 05:00:00 GMT

Identity theft is one of the fastest growing crimes in the country. One local law enforcement official calls it the crime that keeps on taking.

I have had several e-mails recently to "Ask a Cop" recently on this subject. They described their nightmares being an ID theft victim and their frustrations, sometimes, dealing with police when they report the crime.

Bloomington Deputy Police Chief Perry Heles responds to those concerns and has lots of good advice on how to avoid becoming a victim. E-mail me your questions for "Ask a Cop." Thanks. Caroline Lowe

Deputy Chief Perry Heles:

There is probably no property crime feared more than the prospect or harsh reality of being a victim of identity theft. There are many variations of this ever-growing crime, and they seem to grow in frequency and complexity by the week.

Identity theft has proven to be a unique challenge to law enforcement as it often involves little or no direct evidence, crosses over jurisdictional boundaries electronically and at times isn't viewed as high priority among large institutions who often absorb the losses as a cost of doing business. At times you hear these larger retail and financial entities talk about a percentage of shrinkage (losses) that are acceptable or built into their budgets -- and the fact that you are desperately trying to restore your credit isn't always their top concern. Not to suggest that they are all like this, just be prepared for a fairly wide range of cooperation.

Generally speaking, identity theft occurs when someone utilizes your personal identifying and/or credit information from sources such as credit cards, drivers licenses, Social Security numbers and financial account information to commit financial fraud to obtain goods or services with your credit.

The actual theft of your personal information -- "identity theft" -- is usually to facilitate more serious financial crimes that oftentimes involve the fraudulent issuance of credit in your name that the criminals will quickly take full advantage of before moving on to the next victim.

Theft of your identity occurs in a wide variety of ways, but the following are some of the most common:

• Stealing mail, wallets and purses that contain checks, credit cards, drivers licenses and other personal information

• A wide variety of Internet scams that fraudulently illicit your personal information, sometimes called "phishing"

• High-tech Internet scams that can track key stroke (username/passwords) information or take advantage of security vulnerabilities on your computer

• Fraudulent completion of a U.S. Postal Service change of address form diverting your mail to another address

• Fraudulently obtaining personal/financial information from inside sources such as employees at retail, financial, educational and government firms

• Searching through garbage and discards to obtain unshredded documents with vital information

Once obtained, your personal information may be sold to other criminal enterprises worldwide or it may be immediately used to open up fraudulent bank accounts, credit card accounts, obtain loans and many other variations of theft.

Identity theft is an extremely difficult crime to investigate and prosecute, given the complexities of the crimes. The restoration of your good credit can be equally as difficult. If you are a victim of identity theft, there are a number of resources available to guide you through the process of reporting to law enforcement as well as roadmaps to restoring your credit.

If you think your identity has been stolen, here's a start (from Web site consumer.gov):

1. Contact the fraud departments of any one of the three consumer reporting companies to place a fraud alert on your credit report. The fraud alert tells creditors to contact you before opening any new accounts or making any changes to your existing accounts. You only need to contact one of the three companies to place an alert. The company you call is required to contact the other two, which will place an alert on their versions of your report, too. Once you place the fraud alert in your file, you're entitled to order free copies of your credit reports, and, if you ask, only the last four digits of your Social Security number will appear on your credit reports.

2. Close the accounts that you know or believe have been tampered with or opened fraudulently. Use the ID Theft Affidavit (PDF) (found at consumer.gov) when disputing new unauthorized accounts.

3. File a report with your local police or the police in the community where the identity theft took place. Get a copy of the report or at the very least, the number of the report, to submit to your creditors and others that may require proof of the crime.

4. File your complaint with the FTC. The FTC maintains a database of identity theft cases used by law enforcement agencies for investigations.

Filing a complaint also helps authorities learn more about identity theft and the problems victims are having so officials can better assist you.

For more in-depth information on recovering from identity theft and help with specific problems, read Take Charge: Fighting Back Against Identity Theft.

Perry Heles
Deputy Chief of Police
Bloomington Police Department

Ask A Cop: Traffic Rules For Cops

Fri, 25 Nov 2005 05:00:00 GMT

Ever see an officer blow a red-light or stop sign and wonder if he or she is allowed to do that? And why? That was a recent question from our Ask a Cop e-mail bag. Bloomington Deputy Chief Perry Heles explains the rules for officers when they are on-duty. E-mail me your "Ask a Cop" questions and we will respond in future blogs. Thanks. Caroline Lowe

Deputy Chief Perry Heles:

Many people are curious as to what traffic laws the police have to follow when it comes to the on-duty operation of squad cars. We get many questions asking whether or not officers are exempt from certain traffic laws.

The short answer is on-duty officers are exempt from certain traffic laws as long as they are in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law.

However there are lots of restrictions officers must follow and these exemptions do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of persons' using the street, nor does it protect the driver of an authorized vehicle from the consequences of a reckless disregard of the safety of others.

Some of the common law enforcement traffic law exemptions are:
-Certain speed limitations do not apply to emergency vehicles responding to an emergency call.
-Certain exemptions authorize emergency vehicles to proceed cautiously past red lights and stop signs.
-There are provisions allowing emergency vehicles on an emergency run to travel against the traffic flow on a one-way street, operate without headlights and taillights and park against parking regulations at an emergency scene.

It's important to note that folks in public safety that are driving these emergency vehicles whether ambulances or police cars are attempting to quickly and safely respond to emergencies and reports of in-progress crimes where time is of the essence. Please be aware of your surroundings and yield the right of way to these emergency vehicles - it will be appreciated!

Please refer to Minnesota state statutes or consult your local law enforcement for further details.

Perry Heles
Deputy Chief of Police
Bloomington Police Department

Ask A Cop: Miranda Warnings

Thu, 17 Nov 2005 05:00:00 GMT

You hear a lot on TV crime shows and the news about police reading a suspect their so-called Miranda warning. We received questions on this recently after our I-TEAM report on police interrogations of two young girls who claimed to have been victims of abductions, but were not believed by the officers who investigated their cases. Bloomington Deputy Police Chief Perry Heles explains how and when Miranda warnings are used for adults and juveniles. If you have a question for "Ask a Cop", please e-mail me. Thanks.

Caroline Lowe

DEPUTY CHIEF PERRY HELES:

There is probably no statement or warning, in this case, more familiar than the "read 'em their rights" line we so often hear on all the police shows. The warning that police officers are referring to is a 1968 U.S. Supreme Court ruling (Miranda v. Arizona) that asserts that police must inform a suspect of their right to remain silent, to have an attorney present and to have a state appointed attorney assigned if the suspect can't afford a private attorney. Suspects are also warned that anything they say may be used against them in a court of law.

Miranda doesn't prevent the suspect from talking, it merely requires law enforcement to advise and ensure that suspects understand their constitutional rights as it relates to safeguards against self-incrimination.

Two basic elements must exist for the Miranda warning requirement to apply:

1. The suspect must be in custody and,
2. The suspect must be undergoing interrogation.

As you might imagine, things are never quite as clear as they seem and many people have gotten hung up on defining what constitutes custody and interrogation. The U.S. Supreme court in Oregon v. Mathiason defined custodial interrogation as questioning initiated by law enforcement after a person has been taken into custody or otherwise deprived of freedom in a significant way.

Suspects can waive their rights per Miranda, but must do so intelligently, voluntarily and knowingly. Suspects must know and understand their constitutional rights to legally waive them. Silence alone is not necessarily a waiver and it's best to have the suspect either sign the written waiver or acknowledge on tape that they waive their Miranda rights freely and voluntarily with no threats or promises made. The suspect can at any time during questioning invoke their Miranda rights and discontinue the interrogation.

Generally speaking, police officers are not required to provide Miranda warnings before questioning motorists on routine traffic encounters or during field sobriety tests. We do, however, have to be mindful of those stops that may progress into something more serious bringing Miranda into play.

Additionally, Miranda applies to both adults and juveniles; however, special considerations may exist when you question juveniles as the competency of suspects to understand and waive their rights may become an issue with juvenile suspects. Juveniles can waive their rights without the presence of a parent or attorney, but the circumstances will determine if the waiver was made intelligently and knowingly. Sometimes circumstances are such that questioning needs to be immediate and it isn't always prudent or practical to make immediate parental notification.

It's important to note that there are states that establish supplementary rules and warnings regarding interrogations for both adult and/or juvenile suspects. The Minnesota Supreme Court, for instance, in State of Minnesota v. Michael Scales ruled that all custodial interrogations about Miranda rights, any waivers as well as interrogations be electronically recorded where feasible and must be recorded at a place of detention.

Please check with your local law enforcement and/or prosecutor's office for specifics regarding your jurisdiction.

On a rather ironic note, Ernesto Miranda the defendant from Miranda v. Arizona was stabbed to death some 10 years after the initial decision. The suspect in Ernesto Miranda's murder was arrested the next day and read his rights per Miranda.

Perry Heles
Deputy Chief of Police
Bloomington Police Department
1800 West Old Shakopee Road
Bloomington, Minnesota 55431
(952) 563-8853