Minnesota Police Journal

Minnesota Volume 88 No. 2 April 2015 Police Journal The Official Publication of The Minnesota Police and Peace Officers Association Photo by Michael Murray St. Paul Police Federation Helps to Score a Goal for Soldiers and their Families Cover Story on pages 16-17 April 2015 Minnesota Police Journal 1

What s your career worth?

MINNESOTA POLICE AND PEACE OFFICERS ASSOCIATION (Established 1922) OFFICERS PRESIDENT, PAUL FORD, st. saul p.d. e-mail: paul@mppoa.com VICE PRESIDENT, JEFF STILWELL, rochester pd e-mail: jeff@mppoa.com TREASURER, TOM STOLEE, duluth p.d. e-mail: tom@mppoa.com SECRETARY, JIM MORTENSON, st. cloud pd e-mail: james.mortenson@ci.stcloud.mn.us BOARD OF DIRECTORS ADAM BLOCK, d.n.r e-mail: adam@mppoa.com PERRY KING, hennepin co so e-mail: perry@mppoa.com KEVIN KLOSS, minnesota state patrol e-mail: kevin@mppoa.com DAN LONG, burnsville police department e-mail: dan@mppoa.com JUEL LUND, brooklyn park pd e-mail: juel@mppoa.com CHRISTOPHER NELSON, winona pd e-mail: christopher@mppoa.com PAUL MAIER, eagan pd e-mail: pmaier@cityofeagan.com MICHAEL MCDOUGALL, st. louis county so e-mail: michael@mppoa.com MARK ROSS, st. paul pd e-mail: mark@mppoa.com MPPOA HEADQUARTERS 327 York Avenue St. Paul, MN 55130 phone: (651) 291-1119 fax: (651) 291-0227 wats: 1-800-652-9799 website: www.mppoa.com DENNIS J. FLAHERTY executive director and publisher e-mail: dflaherty@mppoa.com Angie Itschert executive assistant e-mail: aitschert@mppoa.com MINNESOTA POLICE INSURANCE AGENCY 327 York Avenue St. Paul, MN 55130 THE MINNESOTA POLICE JOURNAL (ISSN 0026-5624) is published bi monthly by the Minnesota Police & Peace Officers Association, 327 York Avenue, St. Paul, MN 55130. Periodicals postage paid at St. Paul, Minnesota, and additional mailing offices. POSTMASTERS: Send address changes to THE MINNESOTA POLICE JOURNAL, 327 York Avenue, St. Paul, MN 55130. SEND ALL EDITORIAL MATERIAL AND PHOTOS ELECTRONICALLY to dflaherty@mppoa.com. FOR ADDRESS CHANGE, notify MPPOA, 327 York Avenue, St. Paul, MN 55130. Give OLD ADDRESS and ZIP CODE, along with NEW. The MINNESOTA POLICE JOURNAL is the Official Publication of the Minnesota Police & Peace Officers Association. Total circulation over 8,700 copies. Distributed February, April, June, August, October, December. Subscription prices: Members price included in dues. Non-members, $25.00 per year. Subscriptions accepted only from bona fide law enforcement officers of governmental law enforcement agencies. NOTE: Material contained herein shall not be copied in any form without express advance written permission. Unsolicited manuscripts and photos will not be returned unless accompanied by addressed, stamped envelope. MINNESOTA POLICE JOURNAL (ISSN 0026-5624) (UPS 352-060) Minnesota Police Journal The Official Publication of The Minnesota Police and Peace Officers Association Minnesota Police Journal is the ONLY law enforcement publication in the State of Minnesota which is mailed to the homes of over 8,500 dues paying Police Officer members. President s Message...2-3 SLC Reviewing Policies After Questions About Police Chief s Ties to Taser Company... 3 Executive Director s Message... 4 MPPOA Legal Defense Fund Expands Panel of Criminal Defense Attorneys... 5 Attorney General s Report...6-7 IRS to Warner: Firefighter, Police Uniforms not Taxable... 7 MPPOA Washington Report...8-9 PERA Board of Trustees Election... 9 MPPOA 93rd Annual Convention...10-12 Sunday Golf Outing... 13 Minnesota Suppressor Legislation...14-45 St. Paul Police Federation Helps to Score a Goal for Soldiers and their Families...16-17 International Police AssociationUnited States Section... 17 Shoot News...18-19 Unions Sue Rauner Over Order Blocking Fair Share Dues... 19 Unions that Backed Scott Walker Faring Better than Others...20-21 DNR officer honored by state chapter of the National Wild Turkey Federation... 21 Body Cameras Will Not Boost Police-Community Relations: Report... 22 Minnesota Police & Peace Officers Association Police Officer Of The Year 2015... 23 Law Enforcement Memorial Association Save the Dates... 23 Board of Director s Meeting... 24 National Permit To Carry Class... 24 Legal Defense Fund... 25 One Insurance Agent... 25 MPPOA Legal Defense Fund Cases of General Importance...26-27 The Supreme Court Agrees with MPPOA Legal Defense Fund... 27 Minnesota Police & Peace Officers Association Retirement Recognitions... 28 This publication is proudly printed in Minnesota MPPOAOnline You can find all the latest information on our association. Visit our Website at: www.mppoa.com Contents Volume 88 No. 2 April 2015 April 2015 Minnesota Police Journal 1

President s Message By Paul Ford Scott Walker is at it again. It was not good enough to take away collective bargaining rights for most government workers, now he wants the collective bargaining rights of private sector workers! Walker was quoted in the Milwaukee Journal Sentinel in an article on May 11, 2012 when he said, I have no interest in pursuing right-to-work legislation in this state, referring to private sector unions, he told reporters at the state Republican Party s annual convention. This is a theme he repeated over the last three years leading up to his 2014 re-election. He said he would not pursue it, but would never say if he would veto right to work legislation if it came to his desk. And here I sit in March, 2015, listening to satellite radio and the discussion of the marathon session at the Wisconsin State Capitol about the current right to work legislation aimed at the remaining public employees as well as private sector unions. It now is the law in that land. The more times change, the more they stay the same. I thought the Republican Party believed in getting the government out of people s private lives and personal business? Don t take away my guns; don t raise my taxes; pro law and order. These are all things I can get behind. But for some reason Republicans like Scott Walker want to restrict our freedom to associate and organize for a common purpose and common goal; fair wages, fair work rules, and for cops,some due process on their job related to disciplinary issues. Why? Why do politicians like Scott Walker hate unions? The reason is clear; winning elections and power. Pretty simple isn t it. People like Walker say that right to work is better for states and their economies. So, where is Wisconsin compared to Minnesota today since they passed Act 10 designed to destroy public employee unions? Scott Walker said it would create a better economy and that Wisconsin is open for business. Let s look at Minnesota and Wisconsin s economy. The Bureau of Labor Statistics puts the unemployment rate in Minnesota in December 2014 at 3.7%, in Wisconsin it was 5.2%. Minnesota currently has a 1.8 billion dollar budget surplus. Wisconsin has a 283 million dollar deficit for 2014-2015. Now I know many will say, Governor Dayton raised taxes and yes, that is true. When Dayton took office in in 2011 we had a 6.2 billion dollar deficit and now we have a surplus, and yes taxes were raised on individuals making $150,000 or couples making $250,000. And despite the tax increases Minnesota created 172,000 new jobs from 2011-2014, Wisconsin created 102,813. Far short of the 250,000 jobs Walker promised during his campaign. None of us like our taxes raised, but we still like modest raises every couple years and every year prices on everything goes up, including government. Things like paper, your uniforms, ammunition, squad cars, and most other costs always go up and someone has to pay. We have to pay. It seems what he has done in Wisconsin doesn t work, and now Scott Walker is continuing his attacks on the private sector unions. Let me give you an example of being a cop in a right to work state. I know someone who was a police officer in a right to work state. He was employed there eight years with a bachelor s degree. He left in 2014 making $18.39 per hour. He was on SWAT and on call every other week with no extra pay. It took 2-3 years to get set days off and there was no shift bidding at that police department. The pension was 50% of annual salary after 20 years with an additional 2% for each year after 20. After 8 years, the salary is $18.39 an hour! Contrast that to here for example. Woodbury Police s most recent job posting starts new cops at $24.97/hour. In my department, Saint Paul, we start transferees from $24.47-$34.09/hour. Both departments start out paying more than someone with eight years in the right to work state I mentioned. So who is right to work legislation really good for? You know the terrorists called ISIS allegedly trying to create a new nation in the Middle East. Well I know Scott Walker hates them, just like all Americans, but Walker likens you and all union members that might protest at a rally to ISIS. At the Conservative Political Action Conference Scott Walker said, We need to have someone who leads and ultimately will send a message that not only will we protect American soil, but freedom-loving people anywhere else in the world. We need that confidence. If I can take on a hundred thousand protesters, I can do the same across the world. Those hundred thousand protesters he is referring to were union members and union supporters, just like you. He compares union workers exercising their constitutional rights to protest; to ISIS. This is a war my friends, a war against your right to bargain for a fair wage and benefits. In that same article from May 2012, it is mentioned that Walker is exposed on video talking to a donor about dividing and conquering the unions. He did and he was successful. He divided union and non-union workers and divided public and private unions. In 2011, claiming to only be taking on the public sector 2 Minnesota Police Journal April 2015

unions he won. And up until his 2014 reelection, he claimed no interest in going after private sector unions, and here we are today, March 2015 and Wisconsin has enacted right to work legislation against the remaining unions. Scott Walker wants to be President and if he wins he will work to make the United States a right to work nation. You know all those jobs in China? The people making I-Phones and other electronics that they themselves will never be able to afford to buy? Those jobs will come back here, because a right to work America means a third world America. We ll have low wages, no benefits, no job security and in the end, government dependence. The very thing most American s do not like will come in to being through right to work laws. If you lose your pension under right to work, you will work until you re in the grave. And young cops with low wages and no pension will create corruption and do away with the professionalism we have worked so hard to create for our cops. I m no bleeding heart liberal and I don t vote the Democrat or Republican Party line. But Scott Walker and those like him will work to enact right to work laws all over this country and take away your right to associate, organize, and earn a fair wage and benefit. For those of you that don t believe that or think it won t happen to you, you re fooling yourself. You are the evil government worker that right to work advocates talk about. It s your modest pension, pay, and benefits they want to take away not just the next generation, it s you now, trust me! Look at Wisconsin. It happened in 2011 to public sector unions and it is happening now to private sector unions. If you are not conscious of this, if you don t stand up and support candidates who support you, we will be next. SLC Reviewing Policies After Questions About Police Chief s Ties to Taser Company Reprinted Salt Lake Tribune Salt Lake City and Fort Worth, Texas, are reviewing ethics policies after The Associated Press reported on how their police chiefs were closely linked to a company that won contracts to supply officers with body cameras. Officials in both cities said their chiefs relationships with Taser International didn t violate current policies, but that they highlight potential shortcomings. The reviews come after the AP reported Tuesday that Taser International was building financial ties to current and former police chiefs who promote the company s body cameras and video storage system. The company is paying for airfare and hotels for chiefs who travel to speak at technology summits and appear in company materials praising its products. Some chiefs have become Taser consultants after retiring. Salt Lake City Mayor Ralph Becker directed staff to review whether the rules on relationships with city vendors should be updated after facing questions about Chief Chris Burbank s speeches at Taser-sponsored events and in an online promotional video. He recognizes that in retrospect some of that participation maybe wasn t the best decision to make, Becker spokesman Art Raymond said of Burbank. The Texas Police Chiefs Association also will look into such relationships, saying they likely violate its ethics code. It s caused a lot of entities to rethink this, said Tom Cowan, chairman of the Texas chiefs association s ethics committee. It s extremely important for us to have public confidence and respect, and to be transparent when dealing with public funds. Fort Worth City Manager David Cooke said the city is reviewing whether its code should be strengthened to address perception problems, including vendor-funded travel and product endorsements. He noted that many professional groups have stricter rules. Records show that Fort Worth s then-police chief, Jeffrey Halstead, worked last year to complete a contract worth $2.7 million for 400 cameras and storage before a quarterly deadline, telling Taser someone should give me a raise. Halstead later accepted Taser-funded trips to Boston, Miami and Phoenix. After retiring in January, he said he planned to become an official consultant before traveling to Australia and Abu Dhabi for Taser events. Cowan said Halstead likely violated the Texas association s ethics code, which says chiefs and subordinates shouldn t endorse products or accept perks intended to influence or reward. The decision by Memorial Villages, Texas, police chief J.D. Sanders to allow his newly hired assistant Ray Schultz to work on the side as a Taser consultant also runs counter to the code, Cowan said. The ethics committee will discuss the matter April 1 and may issue guidance reminding members about the provisions, Cowan said. Schultz is the former chief in Albuquerque, where the inspector general and internal auditor are reviewing a $1.95 million no-bid contract he backed for Taser body cameras in 2013 before stepping down. Their reports should be completed in April, the city said Thursday. Sanders, whose city is surrounded by Houston, dismissed the Albuquerque questions as old news in an AP interview and said Schultz had done nothing wrong. He said Schultz would take vacation time when he travels overseas this month for Taser events. We re not going to keep him from that, and it s silly for anybody to even think we would, he said. He said Taser was lucky to get someone as smart and experienced with body cameras as Schultz. It s just like they get Peyton Manning to sell these energy drinks. National groups, some of which have their own relationships with Taser, said they would leave ethics and purchasing questions to existing municipal regulations. It s just difficult to control appearances at times, said Darrel Stephens, executive director of the Major Cities Chiefs Association, which Taser gives $25,000 annually in exchange for recognition and access at meetings. However, Donny Youngblood, president of the Major County Sheriffs Association said he wouldn t accept vendorfunded travel, calling it a slippery slope. April 2015 Minnesota Police Journal 3

Executive Director s Message By Dennis J. Flaherty Throughout the course of the history of policing there has been a genuine willingness for us to embrace emerging technology. Whether it was computers, sciences, weapons, there simply has been this universally accepted notion that cops need to employ everything available to legally stay one step ahead of the bad guy. Not only did the profession adopt that philosophy but citizens as well. In fact, they have come to expect it and rely on the fact that cops should have all the tools available to them to keep the officer safe but most of all keep the public protected and safe. If you look back just twenty or thirty years and look at all the equipment changes, computer utilization and tools that today s officers employ daily and it is amazing. All designed to make officers more effective and proficient in their work. After all technology creation and industry utilization is the key to success in virtually every field. Many often ask where would we be without it or I can t image doing this job without it. Citizens intuitively believe we are doing this universally within our profession. That is except for some legislators. And except for some technologies. To best describe my point consider that among our elected legislators you have a certain percentage that are best described as anti-government, others that are somewhat distrusting of big brother and others that simply struggle with having trust and confidence in government. Then of course measure in the Ferguson factor and I think it best describes where we are at today at the Minnesota Legislature. Center in the debate is again license plate readers. Clearly this tool is an example of emerging technology for our industry, but also clearly a tool with capabilities beyond the Legislature s comfort. There does not seem to be real opposition to their actual use; at issue is the storage of the data and its potential dissemination. It is painful to listen to the discussions that center around this debate. But then of course we have been listening for three years. Something will likely pass but the final bill will never allow for the logical and complete utilization of the technology. But then the main proponents of this bill should have known this outcome two years ago. Next comes body cameras. As we have stated for some time we do not oppose cameras as long as they are used with clearly written policies in place that have been negotiated between management and employees. Examples of this would be Duluth and Minneapolis who have both adopted such policies. There has to be safeguards and clarity for their use agreed upon in advance. We took the lead for our industry and had a bill drafted and introduced. Not in any means to take the place of local policies but instead to spell out the classification of the data, which only the Legislature can do, spell out the period of time the data must be retained and to affirm that officers have the ability to access the data simply upon request. Finally to establish by law, that complaints brought against an officer after the data has been destroyed would not in and of themselves lead to disciplinary action. Seems only fair doesn t it. For legislators they will struggle most with the data classification. We say make it private so only the subjects of the data would have access. The media and civil libertarians strongly will argue that it remain public. It will cause much debate and the results of which will determine the eventual use of the technology. Leaving the data public has the potential of embarrassing a whole lot of people and potentially causing some to not call for police help which would be a crime in and of itself. Not to mention what some could do with the data for commercial purposes. Also leaving it public could result in wholesale requests from anybody to view hours and hours of camera data. The costs of which to police agencies would be astronomical. So much so that itself could lead to decisions to not use the technology. It is unknown what, if anything will be done this session. Some suggest any action should be deferred. I think that is not wise. We might as well discuss it and decide today because as we have found above, things don t get any easier with time. 4 Minnesota Police Journal April 2015

MPPOA Legal Defense Fund Expands Panel of Criminal Defense Attorneys The Board of Trustees of the Legal Defense Fund authorized an expansion of the number of criminal defense attorneys available to members earlier this month. There are now 15 attorneys that will serve the Legal Defense Fund program. The MPPOA Legal Defense Fund gives members of the association access to resources needed to protect themselves and their careers. The Board of Trustees has identified and secured some of the best legal talent in the state, including four new members. According to MPPOA Executive Director Dennis Flaherty, the addition of these distinguished and experienced criminal attorneys enables the LDF to continue to provide the absolute best defense available to our members. We have always prided ourselves with the high caliber of lawyers on our panel. They have been second to none. These additional lawyers give us the added strength for our future. Below you will find information about the new attorneys available to MPPOA LDF members. Robert M. Paule, Minneapolis Following his graduation from William Mitchell College of Law in 1989, Bob began his career as an attorney with the Hennepin County Public Defender s office, serving as a trial team attorney for seven years. In 1997, Bob entered private practice and established his own law office. Since that time, Bob has represented his clients in criminal matters throughout Minnesota and neighboring states, as well as in Federal Court, in both District and Appellate Courts. Bob has an extensive and successful trial record, resulting in numerous acquittals and three separate not guilty verdicts in murder cases (including one utilizing a mental illness defense). Additionally, Bob has represented a wide variety of clients in both State and Federal grand jury proceedings, including two no-bills in homicide investigations, and is a published author on grand jury procedures. Bob is also a frequent lecturer at seminars on a variety of criminal law topics. Thomas C. Plunkett, St. Paul Thomas C. Plunkett is Certified as a Criminal Trial Specialist by the Minnesota State Bar Association. Thomas has received acquittals and dismissals of criminal cases ranging from Murder, Criminal Sexual Conduct, Possession of Child Pornography, DWI s, and Drug Possession distribution. Thomas is an AV rated attorney member of the Minnesota Society for Criminal Justice, Minnesota Association of Criminal Defense Attorneys and is an Officer and founding Member of the Veterans Defense Project, a Minnesota non-profit dedicated to helping veterans in criminal court and public education regarding veteran s issues. He is also certified by the Minnesota State Bar Association as a Criminal Trial Expert. Prior to becoming a lawyer, he was an officer and attack helicopter pilot in the United States Army and Army Reserve. After completing law school, he left Army Aviation to join the Judge Advocate General (JAG) Corps in the Minnesota Army National Guard. Thomas served on the committee to draft the Minnesota Military Code and Minnesota Rules for Court Martial. This code has subsequently been used as the model for many other states. Thomas is frequently voted as one of the top 100 Super Lawyers in the annual directory. Eric J. Nelson, Bloomington Eric is a founding partner of Halberg Criminal Defense, Minnesota s largest criminal defense firm. Over the past 14 years, Eric s extensive criminal practice has included successful representation of hundreds of people charged with all types and levels of criminal activity. Eric s jury trial experience includes First Degree Murder, Criminal Vehicular Homicide, and Criminal Sexual Conduct. He has handled some of the most highly publicized and recognizable criminal cases in Minnesota. Eric is a past Board Member of the Minnesota Association of Criminal Defense Lawyers. Additionally, Eric is a member of the Douglas Amdahl Inn of Court and the National Association of Criminal Defense Lawyers. From 2005-2013, Eric was recognized as a Minnesota Super Lawyer, Rising Star. In 2014 and 2015, Eric was recognized as a Minnesota Super Lawyer. He has previously been named a Top 40 Under 40 by the National Trial Lawyers and a Top Ten Trial Attorney by the National Academy of Criminal Defense Attorneys. Eric frequently lectures at legal and community organizations. Past topics include civil commitment of sexual offenders, manufacturing of methamphetamine, and cell site analysis. Ryan Garry, Minneapolis Ryan is a Criminal Law Specialist, certified by the Minnesota State Bar Association, and has developed a reputation as an accomplished trial attorney. Ryan has acquitted clients with not-guilty verdicts, orders to dismiss, and hung juries in cases ranging from DWI to Conspiracy to Commit First Degree Murder. His most recent cases include acquittals in Felony Third Degree Assault, Felony First Degree Assault, Felony Domestic Assault Strangulation, Aiding First Degree Murder and Controlled Substance in the First Degree. Ryan practices in state and federal court, and has litigated a variety of federal cases ranging from mail fraud, wire fraud, bank fraud, witness tampering, bank robbery, drug and narcotic conspiracy, and tax evasion. The majority of Ryan s clients are referred from other lawyers, prosecutors who have litigated against him in trial, former presiding judges, and past clients. Ryan is a board member of the Minnesota Society of Criminal Defense Lawyers, is the editor the Challenger Magazine, and was named a Super Lawyer in 2014 and 2015 April 2015 Minnesota Police Journal 5

Attorney General s Report By Lori Swanson The widespread use of social media has created new and convenient forums for interaction and communication. Unfortunately, not all persons use the Internet for legitimate and productive purposes. A growing law enforcement concern is a new form of harassment in which perpetrators impersonate a victim online by posting advertisements purporting to solicit sex from random strangers. These postings may include the victim s photograph, telephone number, and home address. The consequences to victims can be devastating. Imagine a woman suddenly receiving a flood of telephone calls, text messages, or emails from strangers responding to what they believe was her request for sex. Even worse, imagine strangers showing up at her home expecting to engage in sex not only with her, but also with her children. Recent Cases Of Internet Impersonation In August 2013, an Isanti County man posted advertisements on Craigslist posing as his ex-girlfriend and her 17-year-old daughter. In extremely vulgar terms, these postings invited men to call or text the victims for sex. Both victims received numerous telephone calls and text messages, some of which included graphic photographs. A similar case in Dakota County involved an angry exboyfriend assuming the victim s identity and posting on Craiglist s casual encounters section, resulting in numerous phone calls to the victim from men seeking sex. Even more alarming, some perpetrators have included a victim s home address in postings soliciting violent sexual encounters. In Maryland, a jury recently found a man guilty of impersonating his ex-girlfriend by posting online advertisements with titles such as, Rape Me and My Daughters. The advertisements included the victim s photograph and home address, prompting numerous men to show up at the victim s home for sex. In a Virginia case, an ex-boyfriend posted at least 50 advertisements soliciting random sexual encounters. Over 100 men came to the victim s home over a two-month period, including one man who rammed his car through a security gate the victim had installed. The harm to victims can be exacerbated by the difficultly in attempting to get fake postings removed from the Internet. Not all websites help remove impersonated postings. To High-Tech Harassment and the Law make matters worse, victims may have trouble locating fake Internet postings, particularly when perpetrators use multiple websites. Until they are removed, these postings are publically available for all to see. Legal Protections For Victims Needed It is critical that police and prosecutors have legal tools to stop a person from maliciously impersonating another online. Currently, Minnesota does not have a criminal statute specifically addressing online impersonation intended to harm another. Prosecutors have charged perpetrators with criminal defamation, which prohibits communication of any matter that exposes a person to hatred, contempt, ridicule, degradation, or disgrace. But criminal defamation is a 20th century law designed primarily for print media, and it fails to account for the substantial and continuing harm resulting from Internet impersonation. Criminal defamation is not well suited for prosecution of an offense involving malicious impersonation on the Internet. Some states have responded by enacting laws specifically targeting Internet impersonation. In 2010, California enacted legislation that made it a criminal offense to falsely and credibly impersonate another person online for the purpose of harming, intimidating, threatening, or defrauding the person. Similar laws exist in a handful of other states, including New York and Texas. Legislation in Minnesota In the wake of recent Internet impersonation cases, the Minnesota Legislature is considering bills proposed by the Attorney General s Office that would make it a felony to credibly represent oneself online as another actual person with intent to cause repeated incidents of intrusive or unwanted acts that have a substantial adverse effect on the safety, security, or privacy of another. The proposed new law would update current law to respond to technological changes, and it would help police and prosecutors respond to criminal harassment accomplished through Internet impersonation. The proposal also incorporates protections to ensure that it does not violate free speech rights guaranteed by the First Amendment. First, the law prohibits only the false representation of oneself as another actual person, and 6 Minnesota Police Journal April 2015

only when the false representation is intended to cause repeated incidents of intrusive or unwanted acts that have a substantial adverse effect on the safety, security, or privacy of another. Second, to violate the law, the impersonation must be credible, meaning a reasonable person would believe the victim posted the content. Thus, the law would not apply to a parody website, nor would it limit any speech other than the deliberate, false representation of oneself as another actual person done with intent to cause harm. Investigating Internet Impersonation The anonymity of the Internet is not always absolute. Police are often able to trace an Internet user through an email or IP address. In the cases mentioned earlier, the perpetrators generally used home or work computers, thus enabling police to easily identify them through their Internet service provider. Perpetrators in some cases have used public wireless networks. In such cases, police can determine the public network used to create a posting, but cannot always trace it to a particular computer or mobile device. While this makes identifying a suspect more challenging, police in one recent case identified a suspect by reviewing surveillance video from a coffee shop whose public wifi network the suspect used to create fake postings. Many cases of Internet impersonation occur in the context of an abusive relationship. The threat of violence to such victims is real. Officers should consider referring victims to any available domestic abuse services and advising them of the option to obtain a domestic abuse or harassment restraining order. Above all, victims need to know that law enforcement and the courts take threats including Internet impersonation seriously. Conclusion Law enforcement agencies should continue their work in responding to Internet impersonation cases, and should continue to take such cases very seriously. And hopefully police and prosecutors will be given more tools this year by the legislature to combat this growing problem. IRS to Warner: Firefighter, Police Uniforms not Taxable Reprinted Fairfax News In a letter to U.S. Sen. Mark Warner (D-VA), the Internal Revenue Service (IRS) announced that firefighters and police officers will not be expected to pay taxes on common clothing items that they are required to wear while on duty. I am pleased that the IRS has clarified its policy on taxing police and fire department uniforms, said Sen. Warner. Now our firefighters and police officers can stop worrying about getting taxed for their clothing and concentrate on what they do best: keeping us safe. On behalf of the Virginia Sheriffs Association, I want to thank Sen. Warner for standing up for our members all across Virginia, said Lunenburg Sheriff Arthur Townsend, Virginia Sheriffs Association President. He continues to demonstrate a clear understanding of our needs and a willingness to support the sheriffs and deputies who put their lives on the line and protect the public. Last year, Botetourt County, Va., was audited by the IRS and found to owe $91,000 in back taxes, stemming in part from an IRS finding that the locality erred in not taxing deputies for the value of certain common clothing items that are part of their uniforms. In January, Sen. Warner wrote to the IRS, seeking the clarification on behalf of Virginia law enforcement concerned about the tax treatment of certain clothing items that are required as part of a uniform. Virginia sheriffs applaud Sen. Warner s persistence and work on this important issue on behalf of the Virginia Sheriffs Association, said Virginia Sheriffs Association Executive Director John W. Jones. I also want to commend Sheriff Brian Roberts of Brunswick County, who visited Washington with me, for carrying a display of various uniforms used by deputy sheriffs that are being taxed to show firsthand how modern day uniforms used by deputy sheriffs are functional, less expensive than traditional uniforms, and should not be subject to taxes by the IRS. Sen. Warner s swift action on this matter will save Virginia s sheriffs and deputies from unfair taxation during tough budget times, said Brunswick County Sheriff Brian Roberts. Under IRS regulations, uniforms are considered to be nontaxable if they are required as a condition of employment and the item(s) are not suitable for everyday wear. Due to the high costs of traditional patrol uniforms, to save money many departments issue some deputies clothing items such as polo style shirts, non-steel toe boots, or shorts to wear while working if their stations such as providing jail security do not require a full service uniform. These standard uniform items often come with distinctive agency logos and officials are prohibited by their departments from wearing them off duty. However, in the absence of clear guidance from the agency, many individual IRS agents have determined that these common public safety uniform items are suitable for everyday wear and are therefore subject to taxation. Responding to questions from Sen. Warner, IRS Associate Chief Counsel Andrew J. Keyso wrote, Unfortunately, there is no comprehensive list of clothing, or labels or markings on clothing, that make the clothing suitable or unsuitable for everyday wear in all circumstances. However, In cases where a law enforcement agency or fire department has a policy of prohibiting off-duty wearing of uniforms, the uniform is properly viewed as not suitable for everyday wear and the value of the uniform is not includible in the employees income. April 2015 Minnesota Police Journal 7

MPPOA Washington Report By Dennis McGrann As the new 114th Congress kicked off its first session in January, it had to resolve leftover business from the previous year. Full 2015 year funding for the Department of Homeland Security (DHS) had not yet been authorized due to a short-term agreement to fund the department through late February. When that deadline approached, a one week extension was passed before a final deal was approved on March 3, 2015. Congress will now turn to considering and debating funding decisions for the next fiscal year which begins on October, 1, 2015. President Obama s Fiscal Year 2016 Budget Request This year, President Obama presented his Fiscal Year 2016 budget request to Congress on February 2, 2015. The $4 trillion spending plan was primarily directed toward growing entitlement programs and modifying the sequester, which automatically capped spending since it was instituted in 2013. In total, the budget would add $38 billion to defense spending, while increasing non-defense spending by $37 billion. Under the President s request, the Department of Justice would receive $28.7 billion in discretionary spending for FY2016. This funding would increase the 2015 level by $1.3 billion. Of that, $97 million would go to local governments for additional training and oversight. The President has indicated that this extra funding is meant to provide bodyworn cameras, support community-oriented policing, and increase technical assistance to local police departments. The proposal would also increase Byrne/JAG funding to $388 million from $376 million in FY14. Funding for the Second Chance Act would nearly double from $68 million to $120 million. The State Criminal Alien Assistance Programs (SCAAP) would see level funding at $185 million. In addition, the budget provides $20 million for addressing the backlog of untested rape kits, which would supplement the $40 million included in the FY15 budget. Homeland Security FY15 Funding Passed On Tuesday March 3, 2015, Congress agreed to extend funding for the Department of Homeland Security through the end of Fiscal Year 2015. Beginning with a 3-month extension for DHS funding in the Cromnibus spending package, Members of the House and Senate struggled to find common ground. As the February, 27, deadline approached, Congressional Leadership was forced to pass a one-week extension due to continued reluctance to pass a spending bill that did not contain riders aimed at reversing the President s executive orders on immigration policy. These riders were rejected by Senate Democrats, who wanted a clean version of the bill. The Senate passed the clean version of H.R. 240 on February 27, 2015. During the week-long extension, a procedural maneuver allowed the Senate s clean version to be raised for a vote in the House. It was passed by the House 257 to 167 on March 3, 2015 and signed into law on March 4, 2015. With this funding debate resolved, Congress now turns to discussions about appropriations for Fiscal Year 2016. Civil Asset Forfeiture On Friday January 16, 2015, Attorney General Eric Holder announced restrictions on the ability of state and local police to use federal laws for civil asset forfeiture. This move limited the capacity to seize money, vehicles, or other property in the absence of evidence that a crime had occurred. In the past, law enforcement officers were able to confiscate materials and have the federal government adopt them. This resulted in local and state police agencies receiving a larger share of proceeds from those seizures. Sources indicate that the move comes in response to concerns over abuse of the tool and the incentives it could create for local agencies. At the same time, others indicate that those specific abuses should be addressed without discarding a critical legal tool against drug trafficking. In late January, Senator Rand Paul (R-KY) and Congressman Tim Walberg (R-MI-07) introduced the FAIR Act (S.255/H.R. 540), which aims to reform the asset forfeiture program. However, there has thus far been no legislation introduced to repeal the regulatory change. Loretta Lynch Confirmation Hearings The Senate Judiciary Committee voted in favor of Attorney General Candidate Loretta Lynch on February 26, 2015, 8 Minnesota Police Journal April 2015

sending Lynch s nomination to the Senate for a full vote. Lynch was nominated to replace current Attorney General Eric Holder who will be stepping down as soon as a successor is confirmed. Both Minnesota Senators Amy Klobuchar and Al Franken sit on the Senate Judiciary Committee and voted in favor of Lynch s nomination. Sources indicate that Lynch s nomination has been delayed by more than four months due in large part to her support for President Obama s executive orders on immigration. Lynch will require a simple majority of Senators in order to be confirmed and most sources believe that it is likely she will secure the necessary votes for confirmation. Minnesota Delegation Highlighted Updates: On January 27, 2015, Representative Erik Paulsen (R-MN- 03) s Stop Exploitation Through Trafficking Act, passed in the House of Representatives. The bill aims to strengthen the tools and capacity of law enforcement to address sex trafficking in U.S. communities. On February 26, 2015, Senator Amy Klobuchar (D-MN) and Senator John Cornyn (R-TX) announced that their bipartisan Senate version of the Stop Exploitation Through Trafficking Act, passed the Senate Judiciary Committee. The bill is modeled after Minnesota s Safe Harbor law that ensures individuals are treated as victims rather than defendants. It now awaits a full vote in the Senate. Representative Erik Paulsen (R-MN-03) also reintroduced the Don t Tax Our Fallen Public Safety Heroes Act on January 28th, 2015. The bill would amend the Internal Revenue Code to exclude death benefits for family members of public safety officers killed in the line of duty from federal taxation. Senator Al Franken (D-MN) plans to reintroduce the bipartisan Justice and Mental Health Collaboration Act from the 113th Congress to reauthorize and improve a Department of Justice grant program that offers funds for officer trainings, mental health courts, and crisis intervention teams. A House version of the bill was introduced on February 4, 2015 by Congressman Richard Nugent (R-FL-11). It has since been sent to House Judiciary Committee. Congressman Rick Nolan (D-MN-08) attended a White House ceremony awarding Duluth Police Lieutenant Brad Wick with the 2011-2012 Public Safety Officer Medal of Valor. The award is the most prestigious honor given to American public safety officers. Wick received the award for his actions in pursuit of a suspect who had been involved in an armed robbery and carjacking. Congressman Nolan referred to Wick as a perfect example of a public employee exhibiting dedication to their job and selflessness. PERA Board of Trustees Election The start of this year brought some new faces to the Board of Trustees of the Public Employee Retirement Association including a new Police and Fire representative. Elected to that position was Dave Metusalem who is a twenty-eight year veteran of the Ramsey County Sheriff s Office and has held senior management positions including Undersheriff and Chief Deputy for the past 19 years. He has a Masters degree in Public Administration from Hamline University and a Bachelor s degree from Metropolitan State University and is currently enrolled in a certificate program in risk management at Stanford University. He previously served as an adjunct professor in Labor Relations at Hamline University. During his career he served as lead union steward for several years and as a business agent for Teamsters Local 320. Dave has a deep knowledge in financial matters and previously operated his own practice as a licensed insurance agent, specializing in fixed annuities. He developed knowledge of securities and the financial markets. He is currently assigned in charge of the Court Division. Dave and his wife Lisa reside in St. Anthony with their two sons. The P&F spot was vacant at the time of the election, following the May retirement of Bruce Jensen. His term of office is four years. April 2015 Minnesota Police Journal 9

MPPOA 93 rd ANNUAL CONVENTION JUNE 13,14,15 2015 ARROWWOOD RESORT, ALEXANDRIA, MN AGENDA SATURDAY, JUNE 13, 2015 10:00-11:00 LELS Brunch...Lake Itasca 11:00-13:00 LELS Annual Meeting...Lower Conference Center 13:30-17:30 MPPOA Business Meeting...Lower Conference Center 18:30-21:00 Lakeside Dinner...Front Lawn - Lake Side Evening...Hospitality Room - Rafters BarHospitality SUNDAY, JUNE 14, 2015 12:00-17:30 Golf Outing...Arrowwood Golf Course 12:00-15:00 Kids Fishing Contest... Marina 18:00-22:00 Children s Activity Ages 4-12...Tennis Center 18:30-19:30 Cocktail Reception...Pool Deck 19:30-21:30 Banquet and Award s Ceremony...Lake Darling Room Evening...Hospitality Room - Rafters Bar MONDAY, JUNE 15, 2015 8:00 - Noon Business Meeting...Lower Conference Center 12:00-13:30 Brunch Buffet...Lake Darling Room **NOTE: If weather does not permit - outside event will be held indoors Registration Simply go to www.arrowwoodresort.com/mppoa It is a two part registration that requires you to complete a form and then hit submit and in seconds another form comes up allowing you to make your accommodations and guarantee your reservations. You will receive an electronic verification with a confirmation number included for your records. It is a five minute process that is simple and that ensures safety and protection for your personal and credit card information. We encourage you to make your reservations beginning April 1, 2015. We will also be putting convention information on our web page. 10 Minnesota Police Journal April 2015

Saturday Evening Entertainment Sound Exchange Dazzling harmonies, great stage presence, and wise cracking audience interaction all presented in a whirlwind a cappella extravaganza. The Sound Exchange. Whether it is a soulful ballad, a blistering rock anthem, a jazz standard or a chart-topping single, The Sound Exchange has you covered. The group will deliver a full package experience both on and off stage. With past experiences ranging from corporate events to fairs, benefits to schools, and clubs to cruise ships these guys bring the goods and do it with joy and humor. CONVENTION RESOLUTIONS Please prepare your resolution to be submitted to the 2015 Annual Convention. The Chairman and Members of the Resolution Committee have established a policy that all resolutions must be presented in typewritten form and we ask that they be submitted to our office by June 1, 2015. These resolutions should be sent to: Minnesota Police and Peace Officers Association, 327 York Avenue, St. Paul, MN 55130 or emailed to dflaherty@mppoa.com. Your cooperation in this would be appreciated as the work of this important committee becomes more complex and lengthy each year. By sending them to us in advance, we would be able to have them reproduced and placed in the convention packet of every delegate attending the business meeting. CONVENTION REGISTRATION ARROWWOOD RESORT AT HOTEL CHECK-IN AREA Fishing Contest The MPPOA will again host a children s fishing contest. It will be held on Sunday June 14th from 12:00-3:00pm. Children can be signed up for the contest when conference attendees check in and pick up their conference packets. Check in for the fishing contest will be near the boat docks. Children can fish off the docks or from boats that will take groups out. More information will be provided at registration. April 2015 Minnesota Police Journal 11

MINNESOTA POLICE & PEACE OFFICERS ASSOCIATION 93 rd ANNUAL CONVENTION JUNE 13-14-15, 2015 SAT., SUN., MON. ARROWWOOD RESORT ALEXANDRIA, MINNESOTA IMPORTANT NOTICE! DELEGATES TO CONVENTIONS Article V of the Constitution provides that delegates to the Convention shall be apportioned as follows: FOR THE FIRST THREE MEMBERS OR LESS ONE DELEGATE. FOR EACH ADDITIONAL FIFTY MEMBERS, OR MAJOR FRACTION THEREOF ONE ADDITIONAL DELEGATE. Please mail the name of your delegate or delegates to the secretary immediately. USE THE COUPON AT BOTTOM OF PAGE OFFICIAL NOTICE From the Secretary Article V Delegates to Conventions (Reprinted from the Constitution of the Minnesota Police and Peace Officers Association.) At least one month prior to the date of the holding of a convention, the secretary of the Association shall notify the administrative or executive officers of the Association of the Police Department in each city, village or town having members belonging to the Association and the heads of the law enforcing agencies of Federal, State and County Government of the date and place of the holding of such convention as determined by the Board of Directors. Thereupon, the administrative or executive officers of the Police Department of such city, village or town shall call a meeting of the members of the Association within such city, village or town for the election of delegates to the annual convention. Such city, or village or town shall be entitled to one delegate for the first three members or fraction thereof, within any such city, village, or town, and to one delegate for each fifty members or major fraction thereof, in excess of said first mentioned number. Upon the election of such delegate or delegates, the secretary of such delegate meeting shall execute credentials of the delegate elected and forward them to the secretary of the Association before the time for holding of the annual convention, provided however, that where there is an appropriate bargaining unit as determined by the State of Minnesota that unit representing the majority of members of a department shall be responsible for the election of the delegates from the MPPOA membership of that department. MPPOA 327 York Avenue Date St. Paul, MN 55130 BELOW IS A LIST OF OUR DULY ACCREDITED DELEGATES TO THE MPPOA ANNUAL CONVENTION. DEPARTMENT, OFFICE OR BUREAU CITY NAME OF DELEGATE(S) SIGNATURE OF HEAD OF DEPARTMENT OR OFFICER OF LOCAL ASSOCIATION (If more space is needed, list additional names on a separate sheet and attach to this coupon.) Email or fax this form to: MPPOA, Email: info@mppoa.com Fax: (651) 291-0227. 12 Minnesota Police Journal April 2015

Sunday Golf Outing As you can imagine we could not hold a convention without a golf outing. So on Sunday, June 14th Law Enforcement Labor Services is hosting once again a golf outing at the Atikwa Golf Course. Each golfer will be provided their green fees and cart. It will be a shotgun start beginning at 11:00 am. All participants must register in advance through our office and must complete the registration form and fax or email it immediately. This outing will require advance registration so please act immediately. This event is open to all members and their guests. You must be registered for the convention in order to participate in this event. CONVENTION GOLF OUTING In order to ensure your place in this outing, you must complete the form below, and return it, ABSOLUTELY NO LATER THAN JUNE 1, 2015. Requests for foursomes will be honored or individuals will be teamed with others. Must be a registered guest of convention. Names Contact Person Phone Email or fax this form to: MPPOA Convention Golf Tourney 327 York Avenue, St. Paul, MN 55130 Fax: (651) 291-0227 email: info@mppoa.com April 2015 Minnesota Police Journal 13

Minnesota Suppressor Legislation By Deputy Erik Peterson, St. Louis County Sheriff s Office MN Bill HF1434 has been introduced to repeal current suppressor/silencer legislation, to allow for individual ownership of suppressors. Like most issues related to firearms, this topic stirs an emotional debate on both sides. However, key considerations in the debate include: status of suppressor ownership laws in other states, academic studies detailing the use of suppressors in criminal activity and the ongoing federal licensing requirements for suppressor ownership. A suppressor, or silencer, is designed to lower the noise of a discharge from a firearm using a series of baffles to dissipate or redirect gasses. The actual sound reduction depends on the suppressor design, materials used for construction and ammunition/caliber selected. Subsonic ammunition may provide additional sound reduction, but at the cost of decreased performance. A typical.223/5.56 round is supersonic and will still require hearing protection for extended use, even with a suppressor. In order for a suppressor to be affixed on a firearm, the barrel must be threaded or affixed with a device such as a muzzle brake or flash hider. Several manufacturers have different styles and types based on perceived ease of use or transferability to other firearm hosts. Both suppressors and muzzle devices are manufactured to strict tolerances to avoid damaging the suppressor or creating a baffle strike. The high cost of a commercially manufactured suppressor is due in part to the materials used in their construction, typically titanium, Stellite or stainless steel. Currently, 39 states allow for private ownership of suppressors. Individual state laws allow them to be used for hunting and/or regulate the game that may be taken with a suppressor. 1 Myth-Busting Suppressor Urban Legends Suppressors do not make firearms as quiet as Hollywood would make us think. In reality, it will bring the average gunshot of approximately 160 decibels (dba) to below the Occupational Safety and Health Administration (OSHA) impact standard of 140 dba. To put this in context, an emergency vehicle siren is 123 dba and a rock concert is 140 dba. Exposure to anything over 85 dba during an 8 hour work day requires a Hearing Conservation Program. 2 Even with a suppressor attached, hearing protection should still be worn for extended periods of shooting. It will bring the noise down below 140 dba, but the sonic report of the ammunition can still be heard. Suppressor use in environments where sound will reverberate (courthouse, school, mall, airport, bus, aircraft, small room, etc), would help to protect the hearing of bystanders. While the practicality of suppressor use for hunting can be debated, the benefit of reduced sound emissions from the use of these items during an extended period of firing has been well documented. Currently, MN β 609.66 S1h, states that licensed peace officers may use devices designed to silence or muffle the discharge of a firearm for tactical emergency response operations. Tactical emergency response operations include execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue, and any other tactical deployments involving high risk circumstances. 3 This restrictive language does not appear to allow use by CLEO s who have determined that their agency may require their use outside of a tactical operation. MN law enforcement is concerned about suppressors being used in crimes. However, no data was located in the preparation of this article to support the assertion that legally owned/registered suppressors have been used in crimes within the United States Illegally obtained or 14 Minnesota Police Journal April 2015

manufactured suppressors have also been cited as having an impact on crime, but the following academic study did not find empirical evidence to support that supposition. In 2007, Dr. Paul Clark coauthored an academic study on suppressors that was published in The Western Criminology Review. Dr Clark is currently serving as a public defender in southern Alaska. Among the findings in his study, he found that within federal court cases reported in the Lexis/ Westlaw database between 1995 and 2005, there are only two cases of a silencer being used in a murder in the United States. One was a case of an armed robbery of a postal truck in which the driver was shot (U.S. v.gallego, 191 F.3d 156 (2d Cir. 1999). In the other case, best described as a gang style hit, one of the partners in the gang was murdered with a silenced firearm in 2000 (U. S. v. Williams, 372 F.3d 96 (2d Cir. 2004) Clark concluded that the use of silencers in crime is rare. Even when silencers are possessed they are even less frequently used. Silencer use is not primarily connected to organized crime. There were a few such cases, but in general, use of silencers appears to be a poor proxy for organized crime. 4 Dr. Clark s study also addresses homemade suppressors due to a significant portion of federal suppressor related charges for possession and manufacture. There were 136 federal convictions of unlawful suppressor ownership between 1995 and 2005. Today, a device can be purchased online from Amazon for less than $30.00 to convert a Maglite flashlight or oil filter to a crude firearm suppression device. 5 Despite the availability of these items to those who wish to break the law, there is still a lack of suppressor related crimes. Finally, despite SBRs having been legal in Minnesota for the last 81 years, they have had a negligible reported impact on crime. In 1977, Minnesota made the possession of short barreled shotguns and machine guns (NFA items) illegal with state statute 609.67 6.Short barreled rifles (SBRs) were not affected by this legislation, and have been legal as an NFA item since 1934. State Laws Don t Change Federal Application Processes The process of applying for private ownership of a suppressor is complex, expensive and time consuming. Since it is a federally regulated item, each state must follow the same laws. Even if Minnesota allows for citizen ownership, the following federal laws and application process must still be navigated. Suppressors, machine guns, short barreled rifles (SBRs), short barreled shotguns (SBSs), any other weapons (AOWs) and destructive devices must be registered through The National Firearm Registration and Transfer Record (NFRTR), as they are considered National Firearms Act (NFA) items. 7 The National Firearms Act was passed by Congress in 1934. It defined the laws, processes and regulations of the above items. NFA items are regulated by the NFA branch of the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE). This organization manages the licensure of NFA Federal Firearms Dealers with Special Occupational Tax Stamp (FFL/ SOT) and citizens who wish to own these items in the states that permit them. For a firearms dealer to deal in NFA items - required to facilitate the transfer to a private citizen - they must pay an annual $500 tax, referred to as a Special Occupational Tax Stamp (SOT). In addition to this tax, a dealer must keep a separate firearms log and store the NFA items in a separate safe from other firearms. 8 This additional cost and record keeping deters most of the larger firearms dealers from dealing in NFA items. In order for a private citizen to obtain an NFA item, the individual must fill out two copies of BATFE form 4, have it signed by the Chief Law Enforcement Officer (CLEO) where the individual resides, provide two finger print cards, two passport photos and pay a $200 tax. In addition to these steps, the NFA item must be typically be prepaid for in advance. Typical prices for a a suppressor is range from $500- $1,500, and in some cases even more. Both copies of Form 4 are then sent into the BATFE for approval. The waiting time for private citizen NFA transfer approval can take as long as 6 months to over one year. Once the BATFE approves the item, a copy of the approved Form 4 is returned to the individual along with a stamp certifying their tax on this item has been fully paid. NFA items are not allowed to be transferred interstate without prior approval of the BATFE, and should accompany the supporting documentation of legal ownership, even for possession and transportation within the individual s state of residence. 9,10 An individual may choose to contact an attorney and set up a trust, the primary benefit of which is that the individual may obtain more than one NFA item without submitting certain requirements each time. Once the trust is established, BATFE Form 4 must be filled out, a $200 tax paid, but a CLEO signature, fingerprint cards and photos are not required. The BATFE must still approve the transfer to the trust, with a similar waiting time of up to 8 months. 11 Summary In conclusion, MN Bill HF1434 has been introduced to repeal current suppressor/silencer legislation and allow for individual ownership of suppressors. Currently 39 states, excluding Minnesota, allow for private ownership of suppressors. Academic studies dismiss the assertion that legally owned/registered suppressors have been used in crimes within the United States. Additionally, because they are federally regulated items, even if Minnesota allows for citizen ownership, individuals will still have to follow the complex, expensive and time consuming process to comply with federal laws and application procedures to own a suppressor. 2 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_ table=standards&p_id=9735 3 https://www.revisor.mn.gov/statutes/?id=609.66 4 http://www.westerncriminology.org/documents/wcr/v08n2/clark.pdf 5 http://www.amazon.com/s/?ie=utf8&keywords=solvent+trap&tag=mh0b-20&inde x=aps&hvadid=1675829048&hvqmt=e&hvbmt=be&hvdev=c&ref=pd_sl_14ru6exjsb_e 6 https://www.revisor.mn.gov/laws/?id=255&year=1977&type=0 7 https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8- chapter-9.pdf 8 https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8- chapter-5.pdf 9 https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8- chapter-9.pdf 10 http://www.nfatracker.com/default.aspx 11 http://www.guntrustlawyer.net/nfa_trust April 2015 Minnesota Police Journal 15

St. Paul Police Federation Helps to Score a Goal for Soldiers and their Families By Dave Titus, President, Saint Paul Police Federation It s a simple thing, dinner with the family. That s the motto of Serving Our Troops, and after ten years, ten projects, and over 80,000 steaks, Saint Paul-based Serving Our Troops has truly sent a special message to our Minnesota soldiers and families. Whether at home or overseas in harm s way, Serving Our Troops has provided dinner with family for soldiers and families, and the Saint Paul Police Federation has been there every step of the way. Our work was not finished. This past January at Holman Field airport in Saint Paul and at Camp Buehring, Kuwait, Serving Our Troops and the Saint Paul Police Federation took the project in a new and unprecedented direction. It s a simple thing, Hockey Day with the family. On the weekend of January 17th, in conjunction with the Minnesota Wild and Fox Sports North, Serving Our Troops served up the 9th Annual Hockey Day Minnesota, taking the event to unique heights in support of our soldiers and families. Hockey Day Minnesota is an annual event where a local host in this case Serving Our Troops organizes a series of official high school hockey games on an outdoor NHL regulation rink, followed by a Gopher game at Mariucci and a Minnesota Wild game at the Xcel Energy Center all broadcast on live television. Youth games and much more are also part of the fun for a full weekend of action in the State of Hockey. This year, Serving Our Troops made it happen in unprecedented fashion. With the continued partnership of the Saint Paul Police Federation, Serving Our Troops constructed a refrigerated, outdoor ice rink right on the tarmac at Saint Paul s Holman Field. Complete with stands for nearly 4000 people, a heated fan zone, military aircraft open for tours, and much more, a virtual stadium village was constructed right on an active airfield. In the shadow of the Minnesota National Guard base at Holman Field, and with downtown Saint Paul in the background, Hockey Day weekend was set and the message for our soldiers and families was underway. Friday evening was public safety night, with the veteransfocused Minnesota Warriors versus the Buffalo Sabres Warriors and the Minnesota National Guard versus the 38th Canadian Brigade Group in a fun border battle. The highlight of the evening was a hard-fought game between the Saint Paul Police Federation, coached by Sgt. at Arms Jason Brubaker and past Federation Scholarship winner and current MN Wild forward Ryan Carter, versus Saint Paul Fire Fighters Local 21. Saturday was the official Hockey Day, with great high 16 Minnesota Police Journal April 2015

The Saint Paul Police Federation and our Saint Paul Police officers played a critical role in Hockey Day, providing key security for a unique and challenging site inside an airport security zone, as well as assisting with the general operations of this special Saint Paul weekend. Commander Steward and proud Johnson grad -Rich Straka led security efforts on site with members of the Federation also serving in a variety of volunteer capacities. school hockey action broadcast live across the Country. The weekend closed out on Sunday with a series of Saint Paulbased youth matchups. In the end, win or lose, players and fans had the opportunity to experience what was believed to be the first-ever hockey rink on an active airfield all in support of our Minnesota National Guard soldiers and families. Thousands of miles away, nearly 300 Minnesota National Guard members at Camp Buehring, Kuwait were visited by hockey greats Lou Nanne, Tom Reid, Bill Butters, Shjon Podein, and Dave Brooks along with KFAN host Dan Barreiro and Fox Sports host Jamie Hersch, where they joined soldiers for floor hockey, watched Hockey Day on TV with our deployed Minnesotans, and broadcast our special message across the Country. The entire event was linked live via video from Kuwait to Saint Paul with families on the tarmac in Saint Paul as VIP s for a spectacular message of support. Organizer of Hockey Day Minnesota, former Saint Paul City Council Member Pat Harris, aptly and simply described the aura of the event, The entire State of Hockey came together to say Thank You to our soldiers and families. The Saint Paul Police Federation has been proud to play a leadership role in Serving Our Troops since their inception over steaks at Mancini s in 2004. Many members of the Federation have traveled overseas and stateside to serve up steaks for our soldiers and families. Our team was proud to be a part of Hockey Day Minnesota, sending a truly special message to our soldiers and families from the State of Hockey, from our Police Department, and from the citizens of Saint Paul. For further information on Serving Our Troops, please check out their web site at www.servingourtroops.com. In the words of many Serving Our Troops members, Let s serve it up for the troops! International Police Association United States Section By Kevin Gordon, IPA US President The International Police Association, US Section, is proud to announce its first ever dues waiver for new members. The normal annual dues of $25 are waived for 2015 for first time members. Yes that s right, the dues for 2015 new members are FREE. No catches, no tricks, no cost. At the end of the year if you are not convinced that the International Police Association is for you, just don t renew. We re betting you will stay with us! Officers from around the world have banded together for one purpose: friendship among police officers and trust across national borders. Our motto, Servo Per Amikeco, means Service Through Friendship. The International Police Association is the world s oldest and largest purely fraternal police organization. Founded in 1950, it is based on the goal and purpose of creating bonds of friendship. Four hundred thousand police officers from sixty plus countries, and are all volunteers! Four hundred thousand police officers that believe in friendship and the benefits it can bring each other. Four hundred thousand police officers that are willing to assist you in whatever it is you need. The IPA lets us meet officers from around the country and around the world, and gives us a formal organization to promote those friendships and opportunities to build on those friendships. Benefits include scholarships, travel, collecting and, of course, friendship. Come join all the friends you haven t met yet. Open to all law enforcement officers, active or retired. Just visit our web site at www.ipa-usa.org and click the JOIN button. April 2015 Minnesota Police Journal 17

SHOOT NEWS By Chris Fleming The MPPOA Bullseye Pistol League completed another season in 2014 with 8 successful matches. The State Match was held on August 17, 2014 and the State Match winner for 2014 was Kevin Vacura scoring an 887-48x. The remaining results are as follows: Classification Match Distinguished Master 1st Greg Abraham MN DNR (retired) 297-13x 2nd Kevin Vacura MN State Patrol (retired) 294-16x 3rd Greg Oldakowski MN DNR 292-18x Master 1st Brent Ihnen MN DNR 280-9x 2nd Layne Lodmell St. Paul PD (retired) 263-3x 3rd Thor Nelson MN DNR 261-8x Expert 1st Sam Nelson Hennepin Cty SO 259-6x 2nd Dorpha Copeland Hennepin Cty SO 252-3x 3rd Larry Bergren Hennepin Cty SO (retired) 249-3x Timed Fire Match Distinguished Master 1st Kevin Vacura MN State Patrol (retired) 296-17x 2nd Greg Oldakowski MN DNR 296-14x 3rd Greg Abraham MN DNR (retired) 289-13x Master 1st Thor Nelson MN DNR 282-6x 2nd Brent Ihnen MN DNR 275-8x 3rd Diane Nelson Hennepin Cty SO 263-3x Expert 1st Sam Nelson Hennepin Cty SO 275-4x 2nd Dorpha Copeland Hennepin Cty SO 266-1x 3rd Larry Hanken St. Louis Cty SO (retired) 253-3x Team Match 1st Place 4 Gun Team MN DNR 1103-23x Ross Opsahl MN DNR (retired) 264-5x Greg Oldakowski MN DNR 295-5x Thor Nelson MN DNR 277-6x Brent Ihnen MN DNR 267-7x 1st Place Distinguished Master 2 Gun Team 582-24x Kevin Vacura MN State Patrol (retired) 297-15x Chris Fleming N. St. Paul PD (retired) 285-9x 1st Place Master 2 Gun Team 515-3x Diane Nelson Hennepin Cty SO 250-2x Same Nelson Hennepin Cty SO 265-1x 1st Place Expert 2 Gun Team 516-8x Dorpha Copeland Hennepin Cty SO 262-4x Larry Bergren Hennepin Cty SO (retired) 254-4x Grand Aggregate Match Winner Kevin Vacura MN State Patrol (retired) 887-48x Distinguished Master 1st Greg Oldakowski MN DNR 883-37x 2nd Greg Abraham MN DNR (retired) 876-39x 3rd Chris Fleming N. St. Paul PD (retired) 841-22x Master 1st Brent Ihnen MN DNR 822-24x 2nd Thor Nelson MN DNR 820-20x 3rd Ross Opsahl MN DNR (retired) 773-13x Two competitors were awarded 100 patches the 2014 State Match. 100 patches are awarded to those shooters who shoot a perfect target scoring 100. Kevin Vacura 2 100 targets Greg Oldakowski 1 100 target The Governor s Top 10 for 2014 have also been tabulated, and those rankings and scores are detailed below. In order to make the Governor s Top 10, competitors must participate in at least 4 of the scheduled 8 matches for the season. The ranking of competitors is calculated using the average of the 4 highest match scores. 2014 Governor s Top 10 1-888.00 Kevin Vacura, MN State Patrol (retired) 2-884.25 Greg Abraham, MN DNR (retired) 3-882.50 George Kasat, Eagan PD (retired) 4-849.50 Chris Fleming, N. St. Paul PD (retired) 5-833.75 Brent Ihnen, MN DNR 6-823.25 Paul Rice, MN DNR (retired) 7-820.25 Thor Nelson, MN DNR 8-799.75 Sam Nelson, Hennepin County SO 9-779.50 Ross Opsahl, MN DNR (retired) 10-776.50 Dorpha Copeland, Hennepin County SO Match dates for 2015 have been scheduled and are as follows: Saturday May 30th SEMPOA Match Blue Earth County Sunday May 31st SEMPOA Match Blue Earth County Saturday June 13th Metro Match St. Cloud PD Range Sunday June 14th State Patrol Match St. Cloud PD Range Saturday July 18th Duluth PD Match Duluth PD Range Sunday July 19th Duluth PD Match Duluth PD Range Saturday August 22nd DNR/Warm-up Match St. Cloud PD Range Sunday August 23rd MPPOA State Match St. Cloud PD Range Start times for all matches on Saturdays are 12:00 noon Start times for all matches on Sundays are 10:00 a.m. Directions to each of the Ranges can be found on the 18 Minnesota Police Journal April 2015

following websites: Blue Earth County Range www.blueearthcountymn.gov St. Cloud PD Range www.ci.stcloud.mn.us Duluth PD Range www.duluthmn.gov The MPPOA State Match will be held on Sunday August 23rd this year at the St. Cloud P.D. range beginning at 10:00 a.m. The State Match Rules will be posted in the next Journal and are also posted on the MPPOA website under About Us, Training Links, then Pistol League. I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them. George Mason, Co-author of the Second Amendment during Virginia s Convention to Ratify the Constitution, 1788 In closing, Training budgets continue to be the target of department cutbacks, and the Pistol League matches continue to provide an excellent source of POST credits. Each match is eligible for 3 POST credits. With a match fee of only $20, there is no better value for obtaining necessary POST credits. Most departmental administrators recognize this value for their Officers by providing support with match fees and time to participate in the Pistol League. Match fees are still waived for all new shooters participating in their first match. Current members of the League who sponsor a new shooter also find their match fees waived for that match. If you ever have any questions, feel free to e-mail me at chris.fleming@q.com or call 612-366-3621. Check the MPPOA website regularly for any updates and/or changes at www.mppoa.com. Unions Sue Rauner Over Order Blocking Fair Share Dues Reprinted CBS Local CHICAGO (AP) Illinois labor unions filed a lawsuit Thursday seeking to invalidate Gov. Bruce Rauner s executive order ending a requirement that state workers pay union dues even if they don t want to join a union. Illinois AFL-CIO and 26 unions sued the Republican governor, saying the order he issued last month violates collective bargaining agreements and state labor law and that Rauner exceeded his constitutional authority. The lawsuit filed in district court in St. Clair County also asks a judge to issue an injunction preventing the order from being implemented. Illinois AFL-CIO President Michael Carrigan said Rauner s action strikes at more than 40,000 firefighters, snowplow drivers, nurses and other employees who provide critical state services. Governor Rauner s political obsession with stripping their rights and driving down their wages demeans their service, hurts the middle class and is blatantly illegal, Carrigan said in an emailed statement. Rauner spokesman Lance Trover said the lawsuit was expected. These forced union dues are a critical cog in the corrupt bargain that is crushing taxpayers, and the government unions will do anything to keep the broken status quo, he said. Rauner s order would eliminate so-called fair share dues those dues non-members covered by collective bargaining agreements pay to cover the cost of bargaining, handling grievances and other non-political activities from which all workers benefit. Rauner also filed a federal lawsuit against the unions. He wants a federal judge in Chicago and ultimately the U.S. Supreme Court to declare fair-share dues unconstitutional, saying all union activities are inherently political and making non-members contribute violates their First Amendment rights. He ordered that the dues, which are paid by about 6,500 workers, be held in escrow while his lawsuit plays out in court. That would keep an estimated $3.75 million from being directed to unions. In their lawsuit filed Thursday, labor unions argued the money is needed to cover the cost of collective bargaining, handling grievances and communicating with members. They also said the unions had filed grievances Thursday with the state, claiming Rauner s order violates collective bargaining agreements that allow the fair-share dues. Rauner s executive order, which circumvented a Democratcontrolled Legislature that s long been supportive of organized labor, is just one of the steps he s taken against public-employee unions since taking office in January. He s repeatedly said the unions have contributed to Illinois serious financial problems. He also has accused government union bosses of a conflict of interest and has said he wants to make campaign contributions from public-employee unions illegal. The first-time public office holder and former businessman also has pushed for right-to-work zones, or areas of the state where local voters could decide whether employees must join a union as a condition of employment. He says such zones would help Illinois compete with other states that have implemented right-to-work statewide, such as Indiana and Michigan. Neighboring Wisconsin also is moving toward becoming a right-to-work state. The lawsuit notes that Rauner issued his order at the same time that negotiations for a new contract were beginning between members of the governor s administration and the American Federation of State, County and Municipal Employees Council 31. AFSCME is Illinois largest state employeeunion, and its contract is set to expire June 30. April 2015 Minnesota Police Journal 19

Unions that Backed Scott Walker Faring Better than Others Madison As Gov. Scott Walker builds a likely presidential campaign on his firm stand against unions, he isn t highlighting one part of his record: his looser stance with the labor groups backing him. Scrutiny of Walker s record will intensify in the coming months as his presidential prospects burn brighter. On Wednesday alone his political operation hired workers in the key early state of New Hampshire and scored a poll showing him with a lead over other Republicans in the equally crucial state of Iowa. Only a few state employee unions and a modest number of local unions have fared well under the Republican governor s leadership since 2011. Whether in contract negotiations or rewrites of state law, the unions that have done the best are often the same unions that endorsed Walker in his three elections for governor. The Wisconsin Troopers Association, for instance, is one of the few labor unions to support the governor in his 2010 campaign, his 2012 recall election and his 2014 re-election race. Its members played a key role in guarding the state Capitol during massive labor protests four years ago and state troopers also staff the detail that protects Walker and his family. Almost all other state worker unions had their bargaining authority stripped under Walker s signature legislation known as 2011 Act 10 and then had their members takehome pay reduced by roughly 10% because of cuts to health care and pension benefits. The State Patrol union was spared both of those blows and still negotiated a roughly 17% pay increase for its members in a contract with the Walker administration. But Walker flatly rejects questions about whether he helps the unions that help him, saying that many police unions have opposed him and still done better than other public employees. This is ridiculous. To say there is a pattern of favoritism is inaccurate. Governor Walker has been transparent and straightforward on each of the issues you listed, Walker spokeswoman Laurel Patrick said....there is no pattern. It s true that some unions, like local police and firefighters, have opposed Walker and still been spared at the state Capitol. It s also true that in all of those cases at least some of those local unions for instance the police officers and firefighters of Milwaukee did back Walker on the ampaign trail. The Republican governor, for instance, has tried to hold up passage of right-to-work legislation that would prohibit private-sector unions and employers from requiring workers to pay union dues. That would affect many unions that opposed Walker and some that supported him, such as the union representing heavy-equipment operators. Sen. Jon Erpenbach (D-Middleton), whose district includes many public employees, said he sees politics at work. It certainly appears there s some favoritism. If one police Reprinted Wisconsin Journal Sentinel unit is looking at a 17% increase and others aren t you tell me, Erpenbach said. I just take a look at how other segments of public service are treated with respect to pay, and they re not in the same stratosphere. Troopers agreement The troopers agreement was negotiated two years ago and ratified one year ago by the union but not disclosed until after Walker s successful re-election in November. The contract terms were revealed this week by Walker s fellow Republicans in the Legislature, who dismiss the contract as too generous and out of line with the 1% in base raises being received by other state workers. The contract raises employee health insurance premiums but includes no added payments by troopers toward their state pensions, a step that Walker has described as being only fair for other public employees to make. Even other law enforcement unions with their bargaining rights still intact, such as local police officers and sheriff s deputies, are typically now paying part of their retirement contributions. The trend has clearly been going the other way toward pension payments, said Jim Palmer, executive director of the Wisconsin Professional Police Association. Palmer s statewide union has endorsed Walker s opponent in his three gubernatorial elections, as did the Professional Fire Fighters of Wisconsin. There were two big exceptions at the local level, however: Both the Milwaukee police and firefighters unions endorsed Walker. Walker s spokeswoman Patrick pointed out that Act 10 preserved collective bargaining for all local police and firefighters, not just those in Milwaukee, saying that proved Walker doesn t play favorites. Act 10 also eliminated collective bargaining for the state Capitol police, University of Wisconsin System police and state game wardens while preserving it for State Patrol troopers. Of the 315 police and firefighters unions across the state, three endorsed Governor Walker in 2010 and five endorsed him in 2014, Patrick said. The WPPA has 9,900 members, while the Milwaukee Police Association, which is not affiliated with the statewide union, has about 1,600. When Act 10 was introduced and debated, Governor Walker clearly stated that police and fire were exempt because of contingency planning to ensure public safety, Patrick said. Palmer said he couldn t speculate what role, if any, politics played in Walker s treatment of police unions. Incredibly far behind Glen Jones, president of the troopers association and vice president of the group that negotiates contracts for troopers, said the proposed raise was justified because members haven t seen a pay increase since June 2009. He said that the wage boost is aimed at raising the pay of newer 20 Minnesota Police Journal April 2015

troopers and that veterans like him would wind up making less than Capitol police officers with similar experience. We ve fallen incredibly far behind our counterparts, Jones said. Most state workers saw pay increases of 1% in 2013 and 1% in 2014, with some workers receiving merit raises. The administration has budgeted no money for base pay raises in 2015 and 2016. Even Senate Majority Leader Scott Fitzgerald (R-Juneau) said the troopers raises weren t politically viable. Fitzgerald s father, Stephen, is the State Patrol superintendent. It s just frustrating because the sheriff s departments pick (troopers) off offering them $5 more an hour, Scott Fitzgerald said. I don t know how we get out of that box. But Erpenbach said the same was true for some other state workers, such as prison guards, who have argued that their ranks are also seeing high turnover. You need to take that same attitude across the board, which (Walker) doesn t, Erpenbach said. DNR officer honored by state chapter of the National Wild Turkey Federation By Rich Sprouse Public Information Officer, DNR Enforcement (L-R): Dick Snyder, Minnesota State NWTF president; Officer Hunter; Todd Fairbanks, the Regional Director of NWTF; and Richard Martin, President of the Akeley NWTF chapter and Minnesota State Board Member. The Minnesota chapter of the National Wild Turkey Federation (NWTF) named Department of Natural Resources Conservation Officer Sam Hunter as its Minnesota Law Enforcement Officer of the Year. Hunter joined the DNR in 2004 and is currently stationed in Park Rapids. When Officer Hunter is asked to help with a NWTF event, or any event promoting the outdoors, she goes and makes whatever contribution to it she can. That s one of the reasons we chose her as Minnesota s NWTF officer of the year, said Dick Snyder, Minnesota NWTF president. Hunter has volunteered hundreds of hours of her time for disabled veterans and children who want to hunt. She is a guide and a promoter, soliciting volunteers and donations for these hunts. She has also helped organize, promote and schedule the annual JAKES Day, held each summer at Camp Wilderness Boy Scout Camp near Park Rapids. JAKES, which stands for Juniors Acquiring Knowledge, Ethics and Sportsmanship, is a NWTF program dedicated to informing, educating and involving youth in wildlife conservation and natural resources stewardship. The mentoring she provides to youths is tremendously valuable to the future of conservation and hunting in Minnesota, Snyder said. The impression she leaves on the kids will last a lifetime. Conservation officers are heroes to them. The JAKES event also provides a firearms safety training day with prizes and lots of activities as kids go through the field day training required to earn their DNR hunter safety certificate. About 60 kids attend the camp, but due to its great success a NWTF chapter from southern Minnesota will be renting a bus and bringing even more kids to the event this year. By earning the award, Hunter and other state winners are eligible for the NWTF s National Law Enforcement Officer of the Year award, which will be presented during the NWTF s awards banquet on Saturday, Feb. 14, in Nashville, Tennessee. April 2015 Minnesota Police Journal 21

Body Cameras Will Not Boost Police- Community Relations: Report Reprinted Washington Times Putting more body cameras on police will not improve the relationship between law enforcement and the communities they oversee, according to a presidential task force report. Instead, more minority hiring, better training, improved civilian oversight and the decoupling of immigration enforcement with local policing, will help to mend tensions between minorities and local law enforcement, said a draft report released Monday by a panel created by President Obama. The president created his Task Force on 21st Century Policing last year in response to riots over a fatal police shooting in Ferguson, Missouri. The report s recommendations will likely form the core of the White House s response to those events. The point is that this report is going to contain a series of very specific, concrete, common-sense efforts for us to build trust, Mr. Obama said in remarks after meeting with the task force Monday. It will be good for police and it will be good for the communities involved. And as a consequence, it will be good for the country. Everybody wants our streets safe and everybody wants to make sure that laws are applied fairly and equitably, he said. Senior Obama administration officials said in December that the president planned to ask Congress to authorize $75 million over the next three years to provide up to 50,000 body cameras for local police departments, but the task force s report on Monday merely encouraged the federal government to increase training and delivery of technology tools for police, and tiptoed around the use of body cameras specifically, citing privacy concerns. Although body-worn cameras can offer many benefits, they also raise serious questions about how technology is changing the relationship between police and the community, the report reads. Body-worn cameras not only create concerns about the public s privacy rights but also can affect how officers relate to people in the community, the community s perception of the police, and expectations about how police agencies should share information with the public. After meeting with the task force Monday to discuss the recommendations, Mr. Obama said that the use of body cameras was not a cure-all for police-community relations. There is a role for technology to play in building additional trust and accountability, but it s not a panacea. It has to be embedded in a broader change in culture and a legal framework that ensures that people s privacy is respected, he said in remarks made after the meeting. Richard Roberts, a spokesman for the AFL-CIO s International Union of Police Associations said the union had not settled on a position on body cameras because local forces disagree on their benefits. The whole body camera thing is up in the air, Mr. Roberts said, adding that the city police chief in Sarasota, Florida, where his union is headquartered is all in favor of body cameras, but the county sheriff, has lots of concerns. In his testimony before the task force, Bill Lewinski, executive director of the Force Science Institute, explained that body cameras can never register an incident the same way as an officer because cameras can t see the way that human eyes see or register a threat as quickly as an officer. The Institute backs body cameras, but that support comes with a caveat, Mr. Lewinski said in a statement. Being unaware of, or ignoring, the limitations of body camera footage can have a profoundly damaging impact on the true goal of the use of that technology, which is to determine the truth. Matthew Feeney, a policy analyst at the Cato Institute, said that a national standard on body cameras would have to be very vague to encompass diverse police forces ranging from big-city departments like Los Angeles to a small-town 10-man force. The administration can set some sort of national standard, but I don t think it will be enforceable, Mr. Feeney said. During a conference call with reporters on Monday, Philadelphia Police Commissioner Charles Ramsey denied that the task force, of which he was a co-chairman, intentionally dodged the issue of body cameras, arguing that the task force decided to take a broader stance on police technology due to the 90-day time limit. I think you have to be mindful of the time frame in which we were operating, he said. What we tried to do was take a broad look at technology, today we are looking at body cameras, tomorrow it will be something else. The 120-page report laid out dozens of other recommendations for improving police and community relations including conducting independent reviews of police shootings and using external and independent prosecutors. The report also called for a de-coupling of immigration enforcement from local police. Commissioner Ramsey said the recommendation for local police not to prosecute illegal immigrants pertains to minor crimes, not your serious felonies. It just breaks down relationships between police and communities when police try to enforce immigration law, Commissioner Ramsey said. The task force called for police departments to stop requiring officers to meet quotas for tickets, citations, arrests, or summonses which cities use to generate revenue. 22 Minnesota Police Journal April 2015

Minnesota Police & Peace Officers Association Police Officer Of The Year 2015 This award shall be given to one individual who, in the opinion of a select committee, is worthy of recognition for their accomplishments. In addition to the award itself, two other officers will be selected for an Honorable Mention award. Any member of the MPPOA may nominate a licensed peace officer who is a member of the MPPOA, employed full-time in any agency in Minnesota for the Police Officer of the Year award. The nomination simply requires a letter from a member identifying the officer nominated, as well as completely and accurately describing the incident(s) in which the officer was involved, where he or she demonstrated outstanding service, exemplary job performance or heroism. This award is not given posthumously and all persons selected must be willing to attend the ceremony to accept the award. All nominations and supporting documentation must be submitted to the Executive Director of the MPPOA no later than April 1, 2015. The nominations should be for heroics; outstanding service; or distinguished community involvement and service that have taken place during the period of March 1, 2014 through March 30, 2015. These awards will be presented to the recipients at the Banquet of the Annual Association Convention. They along with persons very special in their life will be the guests of the MPPOA at this event. PLEASE SEND NOMINATIONS TO: Executive Director MPPOA 327 York Avenue St. Paul, MN 55130-4039 PH: 651-291-1119 Toll-free: 1-800-652-9799 Website: www.mppoa.com E-mail: dflaherty@mppoa.com Law Enforcement Memorial Association Save the Dates May 3 Ecumenical Service Hosted by the Olmsted County Sheriff s Office. Location: Bethel Lutheran Church, 810 3rd Ave SE, Rochester, MN watch the LEMA Website for as more information develops on time and luncheon. May 15 Standing of the Memorial Guard State Capitol Begins: 7:00 pm on the evening of May 14th and continues through May 15th until 7:00 pm. To schedule a time to stand guard contact Renee Kaulfuss at rkaulfuss@coonrapidsmn.gov. May 15 Wreath Laying Ceremony Obtain a copy of the form on the LEMA website. For more information contact Renee Kaulfuss at rkaulfuss@coonrapidsmn.gov May 15 Candlelight Vigil commencing at 7:30 pm on the State Capitol Grounds. For more information or to sign up your Honor Guard Unit, please contact LEMA Board President Jeff Beahen at jbeahen@ci.rogers.mn.us or 762-228-4930 for further details. June 5 18th Annual Tim Bowe Memorial Golf Tournament For additional information contact board member Steve Kritzeck at 612-840-5700. For an application consult the LEMA website at www.mnlema.org September 13-17 Honor Guard Camp Camp Ripley - consult the LEMA website for an application. All the information is also available in the LEMA newsletter which can be found on the LEMA website at www. mnlema.org and go to forms. April 2015 Minnesota Police Journal 23

Minnesota Police and Peace Officers Association Board of Director s Meeting Wednesday, January 14, 2015 Call to Order: at 1005 hours by President Ford Roll Call of Officers: President Paul Ford, Vice President Jeffrey Stillwell, Secretary James Mortenson, Directors: Adam Block, Perry King, Kevin Kloss, Dan Long, Juel Lund, Paul Maier, Michael McDougall, Mark Ross, and Executive Director Dennis Flaherty. Excused: Treasurer Thomas Stolee Minutes: Minutes of the November 12, 2014 Board Meeting were reviewed. A motion to approve the minutes was made by Director Block, seconded by Director McDougall. Motion passed. Open Board Seat Position: President Ford advised the board that Chris Nelson from the Winona Police Department has expressed interest in filling the open position on the board, which was vacated by James Sjoberg from the Winona Police Department. Mr. Nelson was present at the meeting and was invited to be interviewed by the board for the position. After the interview, a motion was made to have Mr. Nelson fill the vacated position by Vice President Stillwell, seconded by Director McDougall. Motion passed. Treasurer s Report: Provided by Director Flaherty. A motion to approve the report was made by Secretary Mortenson, seconded by Director Ross. Motion passed. Legislative Conference: Directory Flaherty provided the board with an update on the Legislative Conference, which will be held on February 6-7, in Two Harbors, MN. The agenda, speakers, and topics of discussion for the conference were provided. Legislative Issues: Directory Flaherty discussed the limited number of bills that have already been introduced into the Legislature since the session started on January 6th. President Ford left the meeting at 1143 hours. Washington D.C. Congressional Trip: Directory Flaherty provided the board with an update on the trip to Washington D.C. to meet with the Minnesota delegates in the U.S. Congress. The trip this year will take place on March 18-20. Directory Flaherty provided the itinerary and logistics for the trip. President Ford arrived back at the meeting at 1240 hours. Meeting on Police Standards: Director Flaherty provided the board with an update on the recent meeting held with representatives from the MPPOA, MN Chiefs of Police Association, MN Sheriff s Association, P.O.S.T. Board, and the educational institutions that provide law enforcement with their degrees and certifications. The current and future trends of law enforcement education were topics of discussion. Public Safety Matters Campaign: President Ford discussed a possible funding strategy to create a sustainable funding source for the Public Safety Matters Campaign on an annual basis. President Ford advised that he will set up a meeting in the near future with the stakeholders to determine if his plan is feasible and if it has the support needed to create the fund. Next Meeting: The next Board of Director s meeting will be held on March 11, 2015 at 1000 hours. The meeting will be held in the Minnesota Police Building Board Room, St. Paul, MN. Adjourn: A motion to adjourn at 1417 hours was made by Secretary Mortenson, seconded by Director McDougall. Motion passed. Respectfully submitted, James W. Mortenson Secretary of MPPOA NATIONAL PERMIT TO CARRY CLASS HR 218 & HR 4310 April 18, 2015 Honorably retired and actively serving law enforcement officers who desire to obtain a federal (national) permit to carry a firearm may attend a class at the Tactical Advantage indoor gun range in Waite Park, MN at 8:00 A.M. (Saturday). Cost of the class is $35.00. The instruction is offered by Firearms Instruction, Inc., a not for profit, charitable organization 501C(3) dedicated to the promotion of firearms safety and education. For additional information contact: Jim Hovda Minneapolis PD (Retired) at 320/393-4339 or jhovda.rice@jetup.net The class is limited to twenty. 24 Minnesota Police Journal April 2015

LEGAL DEFENSE FUND By Bill Space, Legal Administrator As the Legal Administrator of the MPPOA Legal Defense Fund (LDF) for the past 15 years, I have noticed an ebb and flow of questions concerning when LDF members are entitled to assignment of a LDF attorney following a critical incident. The questions on this topic are rising again, so I would like to address the issue broadly in this article. As you are aware, a critical incident is defined in the LDF Plan Document as an action which arises from any act or omission within the scope of employment in which: (a) serious injury or death occurs; or (b) the discharge of a weapon is involved. Typically, critical incidents are reported to the LDF for officerinvolved shootings, pursuits resulting in injury or death, and incustody injury or death. Often times, there are numerous officers at the scene of a critical incident when it occurs. However, typically only a few of the officers actually discharged their weapons or laid hands on the suspect. Immediately following the critical incident, the involved officer or union rep calls the LDF Hotline at 1-855-533-6466, and I am speaking with that person momentarily. Of course, all of us know that the involved officer is entitled to representation by a LDF assigned attorney for the follow-up, whether that is a statement or report; and at an even later stage, a Grand Jury. However, more frequently, I receive a call some time later that day from a witness officer or union rep asking for assignment of a LDF panel attorney to consult with the witness officer before finalizing his or her report. Witness officers to a critical incident are not supplied with a LDF attorney, nor are they entitled to consult with one of the LDF attorneys under the definition of critical incident above. A witness officer is just that a witness. You have your departmental protocols about completing reports that you must follow. But maybe you have a question relating to your actions. That is a matter that should be directed to, and discussed with, your union rep or union attorney before filing. From an everyday practical matter, the LDF only has 15 criminal defense attorneys on board to serve the 7,600 LDF members. It is impractical to have LDF attorneys advising witness officers across the state; and still provide critical incident coverage to you as an involved officer when you need legal representation the most. More importantly to me as a lawyer, advising witness officers is not authorized the by LDF Plan Document. Now, that s not to say that LDF attorneys assigned to represent your colleagues involved in a critical incident won t want to talk with you about your observations of the critical incident. They will. But let me be perfectly clear, they do not represent you. They can t. As a witness officer you follow your departmental protocols in writing your reports; and if you have questions, talk with your union rep or lawyer. On another front, I would like to update you on the ongoing case of MPPOA and MPF v. NFL, Minnesota Vikings, and Board of Regents of the University of Minnesota. This case centers on the issue of offduty licensed peace officers being allowed to carry their weapons into any NFL stadium in Minnesota on game day. On January 16, 2015, Judge Ivy Bernhardson of the Hennepin County District Court granted the MPPOA and MPF partial summary judgment against the U of M, and denied the U of M s motion to dismiss the case. This Order follows the August 14, 2014, victory against the NFL and Minnesota Vikings. On February 19, 2015, the court entered Judgment in favor of the MPPOA and the MPF and against the three defendants. On February 20, 2015, the NFL and Minnesota Vikings served Notice of their intent to appeal the Judgment to the intermediate Minnesota Court of Appeals. The U of M has not indicated whether it intends to appeal. The MPPOA and MPF will meet the challenge of any appeal. The MPPOA and MPF fully support the District Court s Judgment and we will vigorously defend the Judgment in the appellate courts to ensure your right to carry your weapon inside an NFL stadium in Minnesota, under the law. By rough estimate, a decision by the intermediate Minnesota Court of Appeals will likely not occur until late summer, 2015. Stay tuned! Finally, I regret to inform you that there have been several critical incidents, over the past year, which were not timely reported to the LDF for legal representation. In this day and age of communication and smart phones, there is no reason why the LDF Hotline number is not in every LDF member s smart phone Contacts. So, while you are reading this sentence, pull out your smart phone, punch Contacts, enter MPPOA Legal Defense Fund, and put in the LDF Hotline number of 1-855-533-6466. And do the LDF a favor. At your next departmental meeting that you attend, ask everyone in the room to do the same. There is no excuse nowadays for the LDF not getting a timely call following a critical incident. The MPPOA Legal Defense Fund is here to serve you! One Insurance Agent The primary task of independent insurance agents is to manage their client s personal property and liability insurance policies. Properly managing these policies is critical to the client for the following reasons: Confirming that all homes, autos, recreational vehicles, etc. are carrying the proper amount of coverage to qualify for umbrella coverage Confirming that all deductibles are up to date and make the most sense Annually looking for the best premiums possible for the client Confirming that no policies are inadvertently canceled We have found that our clients who permit us the privilege of handling all of their insurance needs enjoy lower premiums, better claims management and spend far less of their own time on their insurance. The Minnesota Police Insurance Agency professionals are well versed and are experts at managing their entire client s insurance. Call us today at 651.291.1119 or 1.800.652.9799. (MPIA is part of the PCG Agencies family of services) April 2015 Minnesota Police Journal 25

MPPOA Legal Defense Fund Cases of General Importance Editor s Note: The MPPOA LDF intervenes in cases where their results would have an impact on our members. They are referred to as cases of general importance. It is the goal of the LDF to articulate the voice of police officers to the court. Listed below are the cases that we have intervened and their results. Case names identified only where cases are public record. Name File Issues Result LE Officer 01-5088 299A.411 PTSD Benefits 299A.465(1) Health Benefit Reimb Obtained in District Court Obtained by stipulation - LDF prevailed LE Officer 02-5076 Employer retaliation by undesirable reassignment of employee for political activities DOER hearing resulting in rescission of reassignment - LDF prevailed StarTrib v St Paul 02-5102 Release of profiling data Schmidt v Columbia Heights 03-5103 299A.465(1) Survivor health benefits after death of LEO Tafs v Proctor 04-5103 299A.465 Health benefits determined by PERA disability determination In Re: Duty Disability Benefits of Brittain 06-5010 353.656(1) Enhanced line of duty disability benefits for any act of duty Owatonna Peoples Press v MN and Ringhofer 07-5010 Whether district court may bar media access to LE officer s Kastigar hearing State v Crowley 07-5087 609.505 Knowingly falsely reporting crime by LEO violates 1st Amendment Survivors of LEO 10-5058 Whether survivors of LEO who died during workout after shift are entitled to Federal PSOB benefits, both monetary and education Survivors of LEO 11-5013 Whether a city may pay a reduced early retiree health insurance benefit to survivors of an LEO killed in the line of duty instead of 100% under 299A.465 Patino v One 2007 Chevrolet 12-5009 Whether a vehicle may be judicially forfeited under 169.63 when the vehicle s driver is not convicted of the designated offense of 2nd degree DWI State v Melchert-Dinkel 12-5071 Whether 609.215 violates the 1st Amendment as it relates to advises, encourages, or assists in the taking of the other s own life State v Ness 12-5076 Whether DANCO enhanced penalties under 629.75 violate the the Due Process clause of the Constitution by failing to give notice and opportunity to be heard and encourages arbitrary and discriminatory enforcement State v Lemert 13-5060 Whether a search of a passenger collateral to a stop of a known drug dealer violates the 4th Amendment protection against unreasonable search and seizure Obtained in District Court Obtained by stipulation - LDF prevailed MN Ct of Appeals decision affirming argument of Proctor that the PERA disability decision is independent of the continuing health insurance decision Amicus - MN Supreme Court affirmed Ct of Appeals and held no hazardous duty is required for enhanced benefitsldf prevailed Amicus - MN Ct of Appeals Order affirming district court denial of media access to Kastigar hearing in the interest of preserving right to fair trial - LDF prevailed Amicus - MN Supreme Court reversed MN Ct Appeals and held the narrow construction of 609.505 as defamation of LE officer is constitutional - LDF split decision Represented survivors at PSOB administrative hearing following denial of PSOB benefit. Successful at hearing and recovered full PSOB benefit for survivors and established precedent for similar facts in future - LDF prevailed Resolved favorably by agreement of the parties - LDF prevailed Amicus - MN Supreme Court affirmed the MN Ct of Appeals and held that driver must be convicted of designated 2nd degree DWI offense for valid judicial forfeiture under 169.63 Amicus - MN Supreme Court reversed the MN Ct of Appeals and severed the terms advise and encourage from 609.215 as an unconstitutional restriction on free speech. Assisting a suicide remains illegal under 609.215 - LDF split decision Amicus - MN Supreme Court affirmed MN Ct of Appeals and reversed district court holding that 629.75 is Constitutional - LDF prevailed Amicus - MN Supreme Court affirmed the MN Ct of Appeals and district court denying suppression ofdrug possession evidence because under the totality of circumstances the LEOs had reasonable, articulable suspicion that passenger could be armed and dangerous - LDF prevailed 26 Minnesota Police Journal April 2015

State v Yarbrough 13-5061 Whether search warrant affidavit establishes a sufficient nexus between his alleged criminal activity and the place to be searched Amicus - MN Supreme Court affirmed MN Ct of Appeals holding that under totality of circumstances, search warrant affidavit established a substantial basis to believe that probable cause existed to search residence for both drug and gun evidence - LDF prevailed State v McMurray 13-5124 Is a warrantless search of curbside trash where indications of contraband are found serve as the basis for courts to grant a search warrant of the premises? Is that constitutional under the MN Constitution which arguably provides broader protections than the US Constitution. Amicus - MN Supreme Court affirmed MN Ct of Appeals in a 4-2 decision holding that the MN Constitution does not provide greater protection than the 4th Amendment to the US Constitution as applied to warrantless searches of garbage left for collection in an area accessible to the public. LDF prevailed. MPPOA and MPF v NFL, MN Vikings, and U of M 13-5128 Whether 624.714 exempts active LEOs while offduty from gun laws at NFL and MN Viking stadium policies prohibiting carrying of a weapon into the stadium, or whether common law property/ licensing law grants the property owner that discretion Declaratory Judgment/ Injunction lawsuit concluded in Hennepin County District Court. MPPOA was successful against NFL and MN Vikings on motion for Declaratory Judgment as well as defeated the U of M Motion to Dismiss NFL and MN Vikings have appealed to MN Ct of Appeals. LDF has prevailed to-date State v Eichers 14-5022 Whether a search of a package on a conveyor belt at MSP by an airport LEO and drug sniffing dog is Constitutional Amicus - MN Supreme Court Affirmed MN Ct of Appeals and held that removing package from conveyor belt to be sniffed by drug dog is not a seizure not is the sniff a search. - LDF prevailed Nelson v Schlener 14-5029 Whether the State followed the procedure necessary to deny defense and indemnification to a former DHS employee relating to a putative class action case against Schlener and the state for DVS look-ups State v. Struzyk 14-5041 Whether there must be corresponding independ assaultive behavior in addition to a transfer of bodily fluids from Defendant to LEO to constitute a felony violation of 609.2331(1) Amicus - MN Supreme Court Vacated MN Ct of Appeals decision holding that it lacked jurisdiction to hear case and that employee must first contest agency decision not to defend and indemnify to a district court. LDF did not prevail Amicus - MN Supreme Court Oral argument on 12/09/14 The Supreme Court Agrees with MPPOA Legal Defense Fund In a decision released March 11, 2015 the Minnesota Supreme Court ruled that the Minnesota Constitution does not provide any broader protections than the Fourth Amendment to the U.S. Constitution, and that a person has no greater expectation of privacy in the contents of their garbage left outside. This ruling was in State vs. McMurray which was a case from McLeod County. In the case of a warrantless search of garbage set out for collection in an area accessible to the public there is no principled basis for interpreting Article 1, Section 10 of the Minnesota Constitution to provide greater protection than the U.S. Constitution the court ruled. This decision affirmed decisions of both the district court and the Court of Appeals and involved the arrest of David McMurray by officers of the Southwest Metro Drug Taskforce dating back to February, 2012. McMurray was charged and convicted of third degree possession of a controlled substance. He appealed to the Court of Appeals which affirmed the conviction so he then appealed to the Supreme Court. In December 2013 the MPPOA LDF sought and was granted permission to file as an amicus curiae and argued in support of his arrest and conviction. Although the U.S. Supreme Court has ruled that no such right to privacy exists in garbage left outside and Minnesota courts have consistently held that such searches do not constitute an illegal search, until this case, a Minnesota appellant court had not ruled on the greater expectation of privacy issue. We thought we were right when we sought to intervene in this case on behalf of all of our members and we are delighted with the Supreme Court s ruling. This specifically addresses and clarifies once and for all the direction officers can follow. It is critical for us to articulate the voice of rank and file police officers before the Supreme Court said Dennis Flaherty, Executive Director of the MPPOA. The MPPOA Legal Defense Fund and its members was represented by the law firm of Chestnut Cambronne. April 2015 Minnesota Police Journal 27

Minnesota Police & Peace Officers Association Retirement Recognitions Name Department Retire Date Years of Membership Victor J Poyer Bloomington Spv 5/2014 32 Peggy J Labatt Brooklyn Center PD 4/2014 20 Leah Krenz Brown Co So 2/2015 19 Richard A Flaten Burnsville PD 2/2015 27 Terrance L Thomton Coon Rapids PD 6/2014 18 Desiree A Toninato Coon Rapids PD 5/2014 21 Mark Peterson Crystal PD 10/2014 18 Jerry Krob Crystal PD 9/2014 12 Jeffrey S Kosanda Faribault PD 2/2014 29 Bruce T Grotberg Koochiching Co So 4/2014 18 Thomas R Ryan Minneapolis Park PD 3/2014 26 Jeffrey M Miller Minneapolis PD 5/2014 34 Michael T Leone Minneapolis PD 6/2014 21 Julie A Duehring New Ulm PD 6/2014 16 Michael A Grill Oakdale PD 5/2014 34 Mark A Darnell Olmsted Co So 3/2014 33 Brad A Anderson Rochester PD 5/2014 28 Scott D Sherden Rochester Spv 11/2014 32 Timothy J Rogotzke State Patrol Spv 2/2015 26 Michael G St John Three Rivers Park PD 8/2014 30 Jerry Obieglo Winona Co So 1/2015 30 28 Minnesota Police Journal April 2015

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