Reserve News - Los Angeles County Sheriff's Department Reserve ...

TM
Vol XX, No. 11/12
Los Angeles County
Sheriff’s Department
January-March 2004
Reserve News
In Memoriam
Service Dates
Date of Hire
October 10, 1991
End of Watch
November 4, 2003
David Lawrence Peltz

How To Reach Us:
E-mail:
reservenews@lasd.org
Telephone: (562) 946-
7871
L A S D Reserve
Strength
As of March 15, 2004
Uniform Reserves 572
Posse 5 0
Search and Rescue 122
TOTAL RESERVES 744
Explorers 4 3 0
GRAND TOTAL 1174
Reserve News
TABLE OF CONTENTS
From the Captain ..................................3
From the Desktop..................................4
Carson Year in Review.......................5-7
Tribute to Dave Peltz.............................7
Pat-Down Searches...............................7
Critical Incidents & Violation of Civil
Rights Claims....................................8-11
Terrorism.........................................12-13
RFB Calender......................................13
National Spotlight-S/R David Katz .14-15
Training and Experience......................18
High-fives.............................................19
Explorer Leadership.......................20-21
Graduations.........................................22
Final Thoughts.....................................23
Vol XX, No. 11/12
The official publication of the
Reserve Forces Bureau, 11515
South Colima Road, Whittier,
California 90604, (562) 946-
7871
The Reserve News is produced by
the Media Company.
RESERVE FORCES BUREAU
COMMANDER
Detta Roberts, Captain
PUBLISHER AND DIRECTOR
Sam Snyder, Civilian Volunteer
EDITORIAL
Managing Editor
Jeff Heller, S/R Deputy
Graphics & Layout Editor
Phil Luna, Sergeant
Copy Editor
Leilana Aranda, S/R Deputy
Cover Design
Jeff Heller, S/R Deputy
Phil Luna, Sergeant
Gary Speckman, S/R Sergeant
REPORTING
Leilana Aranda, S/R Deputy
Gines Arnau, S/R Deputy
Brad Blair, S/R Deputy
Jeff Heller, S/R Deputy
Ray Maifeld, S/R Deputy
Kim Skokos, Civilian Volunteer
Sam Snyder, Civilian Volunteer
PHOTOGRAPHERS
Nicolai Smirnoff, S/R Lieutenant
Jeff Heller, S/R Deputy
Phillip Berkner, Civilian Volunteer
Kim Skokos, Civilian Volunteer
COORDINATOR
Phil Luna, Sergeant
GOALS
1. To inform Reserves of past, current and
future events, activities, and information
related to Reserve participation in the
Los Angeles County Sheriff’s Department.
2. To recognize Reserves for a “job well
done.”
3. To inform Reserves, LASD personnel,
retired Reserve Deputies, other agencies
and contract cities of the dedication and
services provided by the Reserves of
this Department.
Page 2 Los Angeles County Sheriff’s Department Januar-y-March 2004
TM

From The Captain
By: Captain Detta L. Roberts, Reserve Forces Bureau
On November 4, 2003, we lost a treasured member of the Law Enforcement Family. David L. Peltz
passed away that day and with him we lost a true friend and professional. Dave donated countless
hours to his law enforcement passion. We know that along the way, his family was sacrificed so that
he could fulfill his many commitments and pursue his second career. Not only do we salute David L.
Peltz in this issue of the Reserve News, but we acknowledge and thank his family for enduring the
many weeks, days and hours without their father and beloved husband. Thank you for allowing him
to step into our lives and touch us in a way only he could. His legacy will live on in the publication
he refined...The Reserve News.
Below is the eulogy and final thoughts I expressed during Dave’s funeral service.
I have had the pleasure of knowing Dave a little more than a year. I enjoyed working with a
consummate professional, and a man who volunteered so much of himself to our Department.
I was reading the Daily News obituaries the other day and what a perfect description of our Dave
Peltz. We are here today, all of us, to add our personal touches to that description.
I look out at this gathering today and see family, friends and co-workers and this is the testimony to a
more complete picture of that man. We are here to honor and remember our personal moments with Dave.
On a personal note, this was our Reserve News in 1984. Dave took over the publication and this is the result of his love for work and devotion to
his Department and the Reserve Program...this is his tribute.
He was the cornerstone and mainstay of this publication.
I will miss him, his friends and co-workers will miss him and he has left an empty place in his family. Thank you Dave for being part of us and letting
us be a part of you. You will always be remembered.
RESERVE FORCES - SERVICE MILESTONE RECOGNITION - January - June
2004
Years of Service N a m e Hire Date Assignment
4 0 Moore, Frank 04-30-63 DD-MCB-213
3 0 Bodell, Jon 05-06-73 R1-ALT-7
3 0 Cleary, Patrick 03-03-74 OH-RFB-211
3 0 Em, Rocco 06-24-73 OH-RFB-211
3 0 Feick, James 05-02-73 R1-MLH-22
3 0 Goddard, Jerold 02-03-74 OH-RFB-211
3 0 Jackman, Ronald 05-06-73 R3-IND-14
30 Kai, Jay 03-03-74 DD-MCB-213
3 0 Mac Calla, III Thomas 02-03-74 R1-MLH-22
3 0 Sauer, Robert 02-03-74 R1-MLH-22
30 Simon, David 06-24-73 OH-RFB-211
3 0 Turner, Robert 02-03-74 R3-IND-14
3 0 Yendes, Thomas 05-06-73 R2-MAR-27
2 5 Rubenstein, Arthur 02-28-79 R2-WHD-220
10 Alva, Louis 02-27-94 R1-LCS-11
1 0 Johnston, John 02-27-94 R1-LCS-11
January-March 2004 Los Angeles County Sheriff’s Department Page 3

On November 4, 2003, a Memorial Service was
held for David Peltz. In this, the first issue since
his parting, we are saddened that David is no
longer with us and a part of this creative process.
Although not part of this issue, David has left his
“mark”, his handprint, his roadmap for a highly
successful publication. Therefore, without
hesitation, it was a unanimous decision to
highlight his legacy by making him more than a
part of this Reserve News. We are dedicating the
magazine to his memory.
A Tribute to David Lawrence Peltz.
Every one who interacted with Dave has their
own story regarding their encounters with him.
He was truly a master of many subjects. I had
the good fortune of spending countless hours on
the telephone with him asking computer related
questions pertaining to the Macintosh. It seems
that every obstacle I had come across, in regards
to the Apple, he had the remedy. I once tried to
display my Mac savvy and knowledge by
talking to him about the new operating system,
OSX. In my mind, the student was going to
impress the master. As it turned out, I was
dazzled from the moment he answered the phone
to the time I hung up. The old dog was teaching
me some very new tricks.
My one regret is that I never took the time to
visit him at home to see his desktop publishing
operation. I was told that he designed a computer system that would have
rivaled that of the bridge on the Starship Enterprise.
You do not replace a person like David, you merely continue in his
shadow Like the Lakers without Chick Hern, he will be sorely missed but
his legacy will live on.
David was an amazing husband, father, grandfather, brother and friend.
He was a Reserve Deputy with the Los Angeles Sheriff’s Department.
He was a computer genius and a fabulous writer.
He was an excellent model airplane builder & pilot.
He was a man with a big heart.
He was trustworthy.
He was generous (he bought his daughter a pony when she was eleven
years old)
He liked expensive toys (he loved his Mercedes & electronic gadgets)
He was brilliant. He was a whiz-bang craftsman.
He was an expert marksman.
He liked helping people. If you asked him to lend a hand, he would not
only fix your problem, but also make everything better than
when you started.
He enjoyed sharing his knowledge.
He had a huge passion for photography and collected old cameras.
He did not trust easily, but when you were in his heart, it was forever.
His family was very important to him.
He loved the San Fernando Valley.
He did not have hobbies-they were obsessions.
He had a wicked sense of humor.
His bark was worse than his bite (especially since he did not like to wear
his teeth).
He will be missed more than he could ever imagine possible.
Excerpts taken from Dave Peltz’s memorial service
From the Desktop
By Sergeant Phil Luna, Reserve Forces Bureau
Page 4 Los Angeles County Sheriff’s Department January - March 2004

Carson Station A Year in Review
by S/R Commander Stephen Wilk, S/R Captain Steve Thoreson, S/R Sergeant Davis Lear, S/R Detective Patrick Butler
HAPPY TRAILS
Carson Station Reserve Company 16 front row L/R, S/R Eddie Matsumoto, S/R Lt. Joey Okino, S/R Terence Lau, S/R Carlos Alvarado, S/R
Jason Orndoff, S/R Louis Rojas, S/R Sgt Phil Wang, S/R Det. Frank Compton, back row L/R, S/R Sgt. Davis Lear, S/R Det. Pat Butler, S/R
Lt. Shelly Rocker, S/R Craig Henderson, S/R Cmdr. John Cawdrey, Sergeant Steve Bellino, S/R Capt. Steve Thoreson, S/R Cmdr. Steve
Wilk, S/R Tony Zaffino, S/R Sgt. John Gibson, S/R Susan Casabella. Members not pictured S/R Craig Byrnes, S/R Lt. Chet Snyder, S/R
Sgt. Daniel Thompson.
On July 28, 2003, Reserve Company 16 said good-bye to our leader
Sergeant Steven J. Bellino. Steve has been our leader for the past 13
years. His retirement is well deserved and those of us at Carson station
wish him all the best in his retirement. We will miss him greatly.
Steve not only was our
leader he is a great friend.
Steve is currently very
busy with his accident
reconstruction business
and commutes every
weekend to his new home
in northern California.
In 2002, Steve was
named CRPOA Reserve
Coordinator of The Year
at the annual convention
in Sacramento. As a
Reserve Coordinator,
Steve was a very strong
leader. He always had our
respect and made sure we
had the training, tools and
equipment we needed to
do the job right. The
Sheriff’s Department and
the City of Carson lost a
good one. At Steve’s last meeting he told everyone how much he
respected us and how proud he was of each and every Reserve. Back
to you boss; you’re the best. Happy Trails…………
REMEMBERING THE FAMILIES
War had commenced in Iraq. Suddenly, many of the very deputies we
work side by side with protecting the County were dispatched to a
higher calling, protecting our Country. Several of LASD’s finest
who were Reservists in the military had been activated and deployed
to Iraq, leaving their families behind to face many challenges and
uncertainties. When Capt. Steve Wilk from Carson station caught
wind of this, his thoughts
were immediately focused
on the concerns of the
reservists families and a
show of support for what
they were facing. Wilk
contacted long time friend
and fellow Reserve Deputy,
Shelly Rocker. The two
began to conspire and
decided that they would
organize a complimentary
dinner to show appreciation to the families and allow the families the
opportunity to network with each other. Without hesitation, Rocker
volunteered to host the event in his newly opening Rocky Cola Café
in Redondo Beach
Word and enthusiasm about the event spread and with only 2 weeks
to pull the event together
Wilk and Rocker found
themselves scrambling. As
if this wasn’t enough, the
next thing Wilk and Rocker
knew they were requested
to pitch their plan to the
Department’s Executive
Planning Committee for
approval. The EPC, as it is
referred to, is comprised of
the top brass and civilian
executives on the department. With the blessing of UnderSheriff
Stonich, they were 10-8.
With assistance from the Human Resources department, a list of the
deputies who were activated was compiled and invitations were sent
continued on
January - March 2004 Los Angeles County Sheriff’s Department Page 5

continued from page 5
Carson Station A Year in Review
to their families. Since the event was to coincide with the opening of
the new Rocky Cola Café in Redondo Beach, Barbara Ramsey Duke
from the Redondo Beach
Chamber of Commerce
offered her assistance. As
the event gained momentum,
donations began pouring
in from many sources.
Since this event was the first
of its kind, it caught the
attention of many TV and
newspaper media sources.
Through the efforts of Carson
Reserve Company 16 and a host of other gracious individuals, the
event came together with incredible success. The stage was set as the
red, white and blue decorations graced the inside Rocky Cola Café.
Buckets of yellow roses and gift bags awaited the family members,
while donated toys stacked nearly to the ceiling were ready to go
home with the children. Balloon artists and face painters that volunteered
their talents added to the festive atmosphere. The local chapter
of the VFW donated hundreds of small American flags and sent a representative
to lead the pledge of allegiance. Sergeant Angela
Shepherd from the Sheriff’s
Department was poised and
ready to fill the air with
beautiful renditions of
patriotic songs. Outside,
news vans and reporters
began to gather
As the event got underway,
the energy was high and so
were the emotions. The families
of the activated
deputies came from all regions of the Los Angeles County and then
some. Spouses, children, parents, grandparents, brothers, sisters,
aunts and uncles all showed up to enjoy good food and share stories
of their activated loved ones. Many brought photos and letters that
they had received from their loved ones to decorate their tables and
talk about.
Sheriff Baca, accompanied by many high-ranking members of the
Department, was in attendance and spent the evening socializing with
the families. Sheriff Baca, a former Marine himself, kicked off the
dinner with a touching and
deeply personal speech,
which left no dry eyes in the
house. Reporters and camera
crews mingled with the
families and captured many
touching stories on tape for
the evening news.
Retired Dodger Baseball
legend, Maury Wills, was on
hand autographing baseballs.
An abundance of donated door prizes
included 7 basketballs signed by Kobe Bryant and other notable sports
memorabilia. Between the door prizes, roses, gift bags and toys, none
of the families left emptyhanded.
As the evening came to a close overwhelming gratitude was
expressed by the families to the Sheriff’s Department for making
them feel remembered and cared about through this
difficult time. The event was a glorious success thanks to the
unselfish and dedicated efforts of Carson Station Reserve Company
16 and all of those who contributed in too many ways to mention.
CARSON RESERVE DEPUTY BATTLES WILDFIRES IN
SAN DIEGO
On October 29, 2003 S/R Detective Patrick Butler from Carson
Station Reserve Company 16, was deployed to the “Cedar Fire” in
San Diego County. Pat is a Fire Captain with the Los Angeles City
Fire Department. He was deployed on a strike team to assist the
agencies in San Diego County battle one of the largest wildfires in
California history. Strike Team “XLA1076 Alpha” was assigned
structure protection in a small town south of the town of Julian.
Captain Butler was in command of Engine Company 210. Tragically
on that day a Novato Engine Company was overrun by fire while
protecting the community of Wynola, north of Julian. Engineer
Steven Rucker lost his life during a fierce firefight. Steve was an 11year
veteran of the Novato Fire Department. Steve left behind a
loving wife and two children.
The body of
Steven Rucker is
carried into a C-
130 military
Plane at Gillespie
Air Field in El
Cajon
Members of
Strike Team XLA
1076A prepare
for demob.
Strike Team XLA 1076A was even more determined to make a stand
and honor their fallen brother. XLA 1076A spent three days in and
around the towns of Cuyamaca, Paradise, Guatay and Alpine. With
air support and ground crews the “Cedar Fire” was contained and
lives and property were saved.
Reserve Deputies come from many walks of life. No matter who we
are or what we do, we share a common bond; we provide public
safety and service.
continued on
Page 6 Los Angeles County Sheriff’s Department January - March 2004

continued from page 6
HOME DEPOT SPORTS CENTER
Carson Station A Year in Review
In June of 2003 the new Home Depot Sports Center opened in the city
of Carson. The first event was a track meet and what followed was a
full schedule of events. July 4, 2003 was the largest 4th of July
celebration on the West Coast. Parking was beyond what was
expected with an estimated crowd of over 30,000 people. The next
scheduled event was a sold out soccer game, Mexico vs. El Salvador
which naturally had national pride on the line. The game was very
exciting and all the fans were celebrating responsibly until the end of
the game. There were four arrests and numerous traffic citations and
tows for illegal parking. What followed next was the Women’s World
Cup soccer game finals with the United States taking third place with
a victory over Canada.
Throughout the year the schedule was nearly every weekend and, on
occasions weekdays when there were scheduled events. Carson
Reserve Company #16 has been given the opportunity to work these
details in the areas of traffic control, parking control and foot patrol
inside the stadium. It is anticipated that the number of events at the
Home Depot Center will double in 2004.
Tribute to David L. Peltz
Sergeant Frank Arvizu
My friend, S/R Lieutenant David L. Peltz passed away November 4,
2003. Needless to say his passing is a great loss to his wife Cindy and
his family, but his loss also affects the Los Angeles County Sheriff’s
Reserve Program. S/R Lt. Dave Peltz was the cornerstone of the
“Reserve News”; he was the professional who formatted each and
every issue. His contribution to our Department was prominent. He
was the constant professional who never said, “I can’t”, instead he
would say, “when would you like it?” He was a real pleasure to work
with.
Dave was a computer mastermind. He would spend many hours at
home looking for ways to improve our “Reserve News.” Over the last
three years he took this magazine from the dark ages and brought it
into the twenty-first century. Not only was his work enjoyed by each
of you, it was reveled by our Department Executives. I had always
heard kudos for his commitment to our magazine. He took every
compliment, with joy and exhilaration.
I looked forward to talking to Dave everyday on the phone. He would
talk about everything under the sun. He had a wonderful imagination.
He looked forward to each new day. He was a thoughtful person and
an inspiration. I will miss our daily conversations.
CARSON DUI/CDL CHECK POINTS
Carson Reserve Company has participated in checkpoints for years.
Our first checkpoint was in 1992. Carson station currently conducts
two checkpoints per month and we have 4-6 Reserves working every
checkpoint. To date we have over 1,000 DUI arrests and thousands of
tows. Thanks to the leadership of Sergeant Ken Fitzpatrick, Carson is
the most productive station in the County. S/R Sergeants John Gibson
and Davis Lear have close to 400 DUI arrests between them,
OUTSTANDING!!! The streets are definitely safer due to your
efforts. Keep up the good work.
CHANGE IN COMMAND
2003 saw our Station Commander, Captain Michael Savidan
promoted to Commander and our Operations Lieutenant, Todd
Rogers, promoted to Captain. Congratulations from Reserve Company
16. Sergeant Pierre Nadeau replaced Sergeant Steve Bellino as
our new Reserve Coordinator.
Special Thanks go out to Don Sanford of Sanford Studio’s for the
photos and to Nancy in the sports department for hunting them down.
Pat -Down Searches
by Paul S. Azevedo, Deputy District Attorney
Occasionally, prosecutors still see references in reports to pat-down
searches without an articulation of the reasons for the pat-down or
just described as “routine”. Often times, after taking with the officer,
we find there were indeed facts sufficient to legally justify the patdown,
but those facts did not appear in the report. Although I will
never question an officer’s perception and action regarding actions
taken for officer safety, I did want to mention the below recent case
as a friendly reminder. Remember, to be a legally permissible patdown,
that results in admissible evidence, an officer is required to
articulate facts that, when considered with rational inferences, provide
a “reasonable” or “rational” basis to suspect the person is armed.
In People v. Medina (2003) 110 Cal. App. 4th 171, LAPD officers
stopped the defendant at midnight for a broken taillight. The officers
ordered defendant out of the car and instructed him to walk backwards
towards them with his hands behind his head and then to face
an adjacent wall. One officer grabbed hold of the defendant’s hands
and asked him if he had “anything [the officer] should know of prior
to the search”. Defendant admitted he had rock cocaine in his pants
and was arrested, charged and convicted. The Superior Court judge
found that the pat-down (apparently concluding that grabbing the
hands was the beginning of the search) was justified by the “time of
night, location and the fact it is a known gang and drug area”.
However, the conviction was reversed on appeal. The appeals court
noted the officer failed to articulate a basis for the search and that
when the officer grabbed the defendant’s hand and prepared to search
him, the detention was made unlawful. The officer had testified it
was “standard procedure” and the search for weapons was based only
on the high drug/gang area and time of night.
The legal standard for a pat-down lacks a high degree of precision.
However, it is clear that, although the reputation of the area for criminal
activity and the time are factors to consider in justification of a
pat-down, by themselves they are legally insufficient.
January - March 2004 Los Angeles County Sheriff’s Department Page 7

Psychology Room – A Discussion of Relevant Psychological Topics - By Sam S. Snyder, Ph.D.
MPH
This article is Part I of a Part II series
I again am deviating from normal subject matter of the Psychology
Room and putting on my Risk Management hat. Therefore, the
intent of this article is to identify issues that present themselves during
and after a critical incident/violation of civil rights claims and
actions that you, as representatives of public entities, can take to
eliminate or reduce the exposure of the public entity.
I. DEFINITION OF "CRITICAL INCIDENT"
A "critical incident" occurs when employees of a public entity, often
police, are involved with members of the public in an incident from
which a person or persons suffers death, great bodily injury, or other
damages which present a significant liability exposure to the public
entity.
II. ADVANCE PREPARATION FOR A CRITICAL INCIDENT
A. Identification of Involved Persons:
1. Identify the network of involved persons and/or depaments
within your public entity client.
2. Determine which individual or department has the ultimate
authority to make decisions to manage an incident.
3. What role, if any, will any other agency have in investigating
a critical incident involving your public entity client?
4. Are there any post-incident review processes conducted by
third parties to evaluate the involvement of the public entity
and its employees?
5. Are there provisions through membership in a union or
association which provide independent counsel to employees
of a public entity involved in a critical incident?
6. Does the department or public entity have a designated
spokesperson? If not, identify and designate a spokespeson
for critical incident situations.
III. POST-CRITICAL INCIDENT ACTIONS
A. Manage the flow of information.
B. Evaluate involved personnel.
C. Conduct a complete and thorough investigation of the incident
assisted by counsel.
D. Evaluate retention of counsel for involved personnel.
E. Conduct any post-incident intra-departmental review of the incident
with the assistance of counsel.
F. Evaluate retention of an expert as a consultant.
G. Retain counsel for involved personnel required to testify in any
review proceeding conducted by a third party.
IV. PUBLIC RECORDS ACT REQUESTS
In dealing with and managing a critical incident, counsel for the
public entity should familiarize himself or herself with Public
Records Act statutes. Be prepared to address requests from the
media, the public, and possibly even plaintiffs' counsel for records
relating to the incident and/or subsequent investigation pursuant to
Public Record Act or Freedom of Information requests.
Most states public record act statutes are based on the federal Freedom
of Information Act. 5 U.S.C.A. §552 (West Supp. 1997).
Public Record Act statutes generally require the public entity to disclose
all public records that do not come within some specifically
defined exemption. These acts provide for a procedure to request
the documents, and a time limit for production of the documents by
the public entity. They also contain an enforcement provision which
allows the person or entity seeking the public records to request (1)
disclosure of the records, and (2) their attorneys' fees and costs for
having to make the request.
The following provisions of the California Government Code are
illustrative of these statutes:
Government Code Section 6250 declares legislative intent that
access to information concerning the conduct of the people's business
is a fundamental and necessary right of every person in the
state.
Government Code §6252 broadly defines the scope of the public
entities subject to the Act and information that can be sought.
Government Code Section 6254 specifies a number of exemptions
(some of which will be discussed in more detail later) which can be
claimed to avoid producing the requested documents.
Government Code Section 6254.5 provides that once a public
record is disclosed, the disclosure shall constitute a waiver of any
exemptions.
Government Code Section 6255 provides that any agency withholding
a record based on claimed exemption must "justify" that the
record being withheld is exempt.
Government Code Section 6256 provides that when a request for
records is made, the agency shall determine within ten days after
receipt of the request whether to comply with the request and shall
immediately notify the person making the request of the determination
and the reasons therefore.
Government Code Section 6256.2 provides that if a request for
records is denied, notification of denial shall set forth the names and
titles or positions of each person responsible for the denial.
Government Code Section 6259 sets out the process whereby a
member of the public may request public records and provides that
the court shall (emphasis added) award court costs and reasonable
continued on page 9
Page 8 Los Angeles County Sheriff’s Department January - March 2004

attorneys' fees to the plaintiff should the plaintiff prevail in litigation
filed pursuant to this section.
V. EXEMPTION OF PUBLIC RECORDS FROM A PUBLIC
RECORDS ACT REQUEST
As previously discussed, Public Records Act statutes generally have
exemptions for particular classes of records. Most of these exemptions
under state law are adopted from the federal Freedom of Information
Act.
In the first days and weeks after a critical incident occurs, it is
important for counsel representing a public entity to be familiar with
these exemptions and how they apply to the public records that are
being created by your public entity client as it completes its investigation
and review of the critical incident.
The following provisions of California Government Code Section
6254, which relate to the exemption of particular public records, are
representative of the types of exemptions you should consider when
faced with a Public Records Act request:
Government Code Section 6254(b) - Pending Litigation. It is tempting
to cite this exemption as a general response to any public records
act request where a public entity is potentially liable as a result of a
critical incident. However, this California statute appears to limit
claiming this exemption to the time frame after a tort "claim" has
been filed or after suit has been brought where the public entity is a
"party."
Government Code Section 6254(f) - Arrest Records or Complaint
Reports. These records are subject to broad definitions in different
jurisdictions. The issue presented frequently in evaluating the applicability
of this exemption is whether the investigation has been completed.
Government Code Section 6254(k) provides exemptions for records
the disclosure of which is exempted or prohibited pursuant to federal
or state law, including Evidence Code provisions relating to privilege.
VIOLATION OF CIVIL RIGHTS CLAIMS
ORIGIN
Critical Incidents & violation of civil rights claims
continued from page 8
Actions for a violation of rights under the Constitution are common
to public entities. The most common of these involved the Federal
Civil Rights Act of 1871 (Title 42 USC §1983). This statute permits
an action against anyone acting under the color of state law to
deprive an individual of constitutional or other federally protected
rights. These "§1983" actions form the basis for claims of violations
of civil rights against police officers and departments.
Other statutes can also lead to claim for violation of civil rights; typically,
they involve departments other than police:
42 USC §1981 or 42 USC §1985;
Fair Employment & Housing Act (FEHA)
Age Discrimination Employment Act (ADEA)
Equal Employment Opportunities Comm. (EEOC)
Americans with Disability Act (ADA)
State governmental immunities and claim presentation requirements
do not apply to these actions. However, we often see State tort
actions pled instead of, or along side these Federal actions.
TYPES OF ACTIONS
42 USC §1983 ACTIONS
"Civil Action for Deprivation of Rights.
Every person who, under color of any statute, ordinance, regulation,
custom, or usage,.....subjects, or causes to be subjected, any citizen.....or
other person.....to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law....."
§1983 actions are commonly seen as an action for civil rights violation,
typically in conjunction with specific violations of Amendments
to the U.S. Constitution.
Purpose of §1983 Actions:
To protect against the government, acting under color of the law,
from depriving someone (whether a citizen or not) of a federally
guaranteed right. It achieves this by:
1. Providing a remedy where State laws are inadequate;
and
2. Making federal courts available where Federally guar
anteed rights are violated.
Advantages to the Plaintiff:
1. More liberal discovery;
2. Attorneys' fees and expenses are recoverable;
3. No State law immunities; and
4. Broader scope of rights are protected.
Standard the Plaintiff Must Prove:
1. Must identify a fundamental constitutional right that
has been violated;
2. An abuse of power has occurred;
3. The defendant's actions "shock the conscience" of the
court; and
10. Violation of "objective reasonableness" standard by
defendant(s).
The courts method of analyzing a 1983 civil rights claim is to "isolate
the precise constitutional violation charged against the defendant."
Baker v. McCollen 443 US 137 ('79) Next, the court must
identify and apply the specific constitutional standard which governs
the right allegedly infringed upon, Graham v. O'Connor.
ILLEGAL SEARCH & SEIZURE, PROBABLE CAUSE,
EXCESS FORCE CLAIMS (4TH AMENDMENT)
"The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probably
cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized."
(The 4th and 14th Amendments are commonly pled together, and
are in fact difficult to distinguish between. For this reason, there is a
blurring of the discussion on these two actions. However, they are
the most common of the Civil Rights violations that we see.)
continued on page 10
January - March 2004 Los Angeles County Sheriff’s Department Page 9

Critical Incidents & violation of civil rights claims
continued from page 9
These cases typically involve use of force. The use of force to effectuate
an arrest or other detention of a citizen is a seizure under the
4th Amendment. This includes, among the most common situations:
1. Arrest without probable cause;
2. Use of unreasonable force;
3. Obtaining a search warrant so lacking in probable cause
that it is objectively unreasonable (which is what the
judge ruled in Rapp v. AH);
4. Roadblocks likely to cause death; and
5. Body-cavity searches of all arrestees.
DUE PROCESS CLAIMS
(14TH AMENDMENT)
".....No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the US; nor shall any State
deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal protection
of the laws"
The 14th Amendment prohibits a state from depriving a person of
life, liberty, or property without due process of law. The central issue
is the equal protection clause. It was originally passed to protect people
from discrimination or the denial of any benefit on the basis of
race, creed, and religion.
Under the 14th Amendment, "&the Due Process Clause is simply not
implicated by a negligent act causing unintended loss of or injury to
life, liberty or property." The word deprive connotes more than a
negligent act. Daniels v. Williams 474 US 327 ('86). Additionally,
the night circuit has ruled that "&gross negligence, in and of itself is
not unconstitutional." L.W. v. Grubbs 92 F.3d 894 ('96). Instead,
there must be a state of mind of "recklessness" or "deliberate indifference"
before a constitutional violation occurs. The defendant must
be aware that their conduct exposed the plaintiff to a substantial risk
of serious, immediate and proximate harm, and that they actually
intended to expose the plaintiff to such a risk without regard to the
consequences to the plaintiff. Lewis v. Sacramento County (9th Cir.
96) 98 F.3d 434.
The 14th Amendment applies to detainees in custody or persons who
have been stopped or arrested and a subsequent event precipitates
the need to use force. Detainees can make a claim under the 14th
Amendment similar to those of prisoners under the 8th Amendment.
4th & 14th AMENDMENT CASES
To help clarify 4th vs. 14th Amendment issues, the U.S. Supreme
Court stated in Graham v. O'Connor that all claims that police use
excessive force (deadly or not) in the course of an arrest, stop or other
"seizure" of a free citizen are analyzed under the 4th Amendment
"objective reasonableness" standard, not the "substantive due
process" approach under the 14th Amendment.
Any taking must be willful (or intentional) for there to be a violation
of the 4th Amendment. Otherwise it is not a "seizure." The 4th
Amendment addresses misuse of power, not the accidental effects of
otherwise lawful conduct. Brower v. County of Inyo, 489 US 593
('89).
The following cases set the standard to determine whether activities
of governmental employees rise to a level of violation of the 4th or
14th Amendments:
Tennessee v. Gardner 471 U.S. 1 (1985). A leading 4th Amendment
case. Police see a breaking and entering suspect leaving the building.
The suspect failed to stop after several warnings. The officers
shot the suspect as he was trying to climb a fence. The suspect (15
year old male, 5'4") never made any threatening moves nor displayed
a weapon.
The court ruled that use of force to effectuate an arrest or other
detention of a citizen is a seizure under the 4th Amendment and is
therefore subject to an "objective reasonableness" standard.
This case established the following requirements for the use of
deadly force (or what could be condoned as "objectively reasonable"
use of force):
1. To prevent escape, or protect and officer or citizen;
2. The officer must have probable cause to believe the
suspect poses a significant threat of death or serious
injury to the officer or others;
3. A significant threat can be inferred if the suspect threat
ens an officer with a weapon, or the officer has probable
cause to believe the suspect committed an offense in
which he inflicted or threatened serious physical injury;
4. Deadly force may be used only in a felony situation;
and
5. A warning must be given, where practical.
Canton v. Harris 109 S. Ct. 1197 (1989). Harris was arrested and
brought into the station. She collapsed a couple of times on the
floor while being booked. Officers decided to leave her on the floor
so she would not hurt herself from falling. No medical attention was
ever called. After an hour, she was released from custody and taken
to a nearby hospital. She was diagnosed as suffering from emotional
ailments, was hospitalized for a week and received substantial outpatient
treatment for a year.
She filed a due process under the 14th Amendment action (failure to
provide necessary medical attention while in police custody). The
court found Harris was denied a constitutional right because the
inadequately trained supervisor was unable to determine her medical
needs.
The Supreme Court set the "deliberate indifference" rule in this
case. The department's policy was valid, but unconstitutionally
applied by its employee. If policy-makers know to a moral certainty
that a police officer will have to perform a certain duty and fail to
provide the officer with proper training given the task to be performed,
then the policy-makers are deliberately indifferent. The evidence
must show a deliberate or conscious choice by the policymakers.
The rule applies to all employees, not just police.
Graham v. Connor 109 S. Ct. 1895 (1989). A diabetic rushed to a
convenience store to purchase orange juice to counteract the onset
of an insulin reaction. Seeing several people ahead of him in line,
he instead rushed out of the store to go to a friend's place. An officer
seeing this, became suspicious and followed Graham and made
an investigative stop. Graham was handcuffed despite his attempts
to explain the situation. Graham received multiple injuries and
claimed excess force was used by the officers. Ultimately, the
Supreme Court agreed.
Monell v. Dept. of Social Services, City of New York 436 U.S. 658
(1978). This case found that a City can be liable under §1983 "&
when execution of a City's policy or custom, whether made by its
continued on page 11
Page 10 Los Angeles County Sheriff’s Department January - March 2004

Critical Incidents & violation of civil rights claims
continued from page 10
lawmakers or those whose edicts may fairly be said to represent official
policy, inflicts the injury."
The case defined "seizure" as in Tennessee v. Gardner: "whenever an
officer restrains the freedom of a person to walk away".
To determine if a seizure is reasonable, apply the following test:
1. The reasonableness standard requires the balancing of
the nature and quality of the governmental intrusion
upon expectations of privacy against the governmental
interest at stake.
2. A case will turn on the facts and circumstances known
to the officer at the time of the actual use of force. The
officer's actions are not viewed with the benefit of hind
sight.
The court will look at the following factors to determine "reasonableness":
The Scope of Intrusion
Manner of Intrusion
Location of Intrusion
Justification for Intrusion
Need to Perform Official Duties
Facts & Circumstances
Severity of Crime at Issue
Did Suspect Actively Resist Arrest?
Arrest Evaded by Fleeing?
An Immediate Threat to Officer or Others?
An officer's motivation is not relevant. Evil intent does not make an
otherwise reasonable use of force bad; nor does lack of evil intent
make an objectively unreasonable use of force good.
Additionally, reasonableness of a particular use of force is viewed
from the perspective of a reasonable officer on the scene, realizing
officers are "forced to make split second decisions" in "tense, uncertain
and rapidly evolving" circumstances.
City and County of Sacramento v. Lewis, 118 S.Ct 1708 (1998).
This recent case helps clarify the distinction between 4th and 14th
Amendment violations by police.
This case involved a high speed police chase. Plaintiff sued the City
under both the 4th and 14th Amendments. The U.S. Supreme Court
confirmed that the 4th Amendment "search and seizure" clause
applies "&only when there is a governmental termination of freedom
of movement through means intentionally applied." As such, the
court ruled that this was not a 4th Amendment case.
Instead, the 14th Amendment's "substantive due process" applied.
The court clarified when the 14th Amendment is violated. "& only
the most egregious official conduct can be said to be arbitrary in the
constitutional sense& executive abuse of power as that which shocks
the conscience." The court defined "shocked the conscience" from
Whitley v. Albers, 475 U.S. 312 (1986), "& conduct that shocked
the conscience and was so brutal and offensive that it did not comport
with traditional ideas of fair play and decency would violate
substantive due process."
Therefore, the Lewis case helps delineate not only between 4th and
14th Amendment cases, but describes the level of offense that rises
to a violation of those Amendments.
Equivalent State actions to 4th Amendment violations: assault and
battery. Under state law, force is appropriately used only under the
following circumstances:
o To effect an arrest;
o Prevent an escape;
o Self-defense; or
o Protection of a person.
Equivalent State actions to 14th Amendment violations: false arrest
& false imprisonment.
VIOLATION OF FREE SPEECH, PRIVACY,
ASSEMBLY AND ASSOCIATION (1ST AMENDMENT)
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a redress of grievances."
Example: A violation of the 1st Amendment occurred when a police
officer used his authority to harass a slow-growth political advocate.
The jury found the officer intended to interfere with his right to free
speech by improperly detaining him while he was picketing traffic,
then, later arrested him for trespassing at an auto show.
Violating rights to assemble also often result in charges.
CONDEMNATION / INVERSE CONDEMNATION CLAIMS
(5TH AMENDMENT & STATE CONSTITUTION)
The 5th Amendment is designed to prevent deprivation of life, liberty
or property without due process, nor private property taken for
public use without just compensation.
5th Amendment rights guarantee that private property will not be
taken without just compensation. Actions can include inverse condemnation
as well as condemnation actions (although the plaintiff
must go through State constitutional remedy first). The State remedy
is based on Article 1, Statute 19, of the California Constitution,
which requires that just compensation be paid whenever private
property is taken or damaged for public use (see Albers v. County
of Los Angeles (1965) 62 Cal.2d 250).
(to be continued in the next issue of the Reserve News)
January - March
2004 Los Angeles County Sheriff’s Department Page 11

Terrorism: Be Prepared in Lieu of the Interplay of
Fact and Fiction
Jeff Heller, Ph.D.
Recent events involving the U.S. infrastructure has brought about a
need for discussing the presence of world wide terror; the probability
that it could happen in the United States and what you need to do to
protect yourself, family, and friends. As a Reserve, you may be
expected to report to the Department if a major terrorist act occurs in
Los Angeles County. Are you ready to separate from your family for
a period of time? Are they ready to take care of themselves? Is your
neighborhood ready to assume part of your role as a guide? Are you
ready domestically and financially? Is your estate in order? If all of
the answers are yes, you are ready. If not, reading this article may
help.
Can a disaster occur, either natural, an infrastructure breakdown or by
terror? The answer is yes. Recent events, such as the break in the Arizona
oil pipe and the Canadian electric switch problem, caused gas
prices to soar and created a major blackout on the East Coast. In fact,
many U.S. citizens across America thought that the East Coast Blackout
was a terrorist act. It could have been a terrorist act, but it was
not.
Can terrorists attack our pipelines and electrical generators? Patrick
Robinson believes so. He thinks that terrorists can attack our infrastructure.
In his recent bestseller, “Barracuda 945”, Middle Eastern
terrorists purchase an extremely modern, state-of-the-art, high-tech
submarine to attack the U.S. They proceed to destroy a major oil
pipeline and take out an electric generator. Robinson’s book was published
a few months prior to the real events.
Can an ultra-modern nuclear submarine be stolen? Steven Coonts
thinks so. In his book titled “America”, some nasty terrorists make it
seem as easy as a walk-in-the-park. You say nonsense. Remember
that Tom Clancy flew a jetliner into the White House in his novel,
published a little over 5 years prior to 9/11. These authors do not just
think these stories up. Lots of research goes into the writing of fiction.
Here comes the non-fiction. Jessica Stern, a major terrorism expert,
recently published a book titled “Terror in the Name of God”. Stern
reveals major terrorist organizations around the world. All are
extreme religious fundamentalists who are from Jewish, Christian,
and Islamic backgrounds. They all have two things in common:
wipeout globalization and America. With the exception of Jewish
extremists, the terrorists want to see the destruction of the nation of
Israel and death of Jews worldwide. Stern’s well-documented book
also describes how Islamic fundamentalists are trained to blend into
the neighborhoods they live in. These sleeper cells are all over the
globe and in the U.S., according to Stern’s informants. This reminds
me of an old Donald Pleasant, Charles Bronson movie where sleepers
were triggered to attack infrastructure by a Robert Frost poem “Stopping
by woods on a snowy evening”, (and miles to go before I sleep)
Dore Gold’s recent book titled “Hatred’s Kingdom”, points out the
huge flow of money from Saudi Arabia, to terrorist organizations,
especially Al Qaeda. The well-documented and researched book also
contends that all future attacks will be very well organized, using all
the modern technology and communication techniques available.
This terror business is a very well managed organization. Daniel
Benjamin and Steven Simon, in their book titled “The Age of Sacred
Terror”, point out the hate training that the Wahabist and Salafist fundamentalist
provide in Islamic schools all over the world. They
preach Islamic jihad and more and more of the 1 billion Muslims are
being drawn to this belief. An excellent book about globalization and
terrorist actions taken to stop this phenomenon was written by
Thomas Friedman, titled, “Longitude and Attitudes”. The U.S. News
and World Report, September 15, 2003, reports in an article titled,
“Are We Safer that we are safer?” The article reveals how the infrastructure
and systems have been enhanced. In addition, the report
describes a new homeland security system called the Terrorist Threat
Integration Center with Agencies such as the CIA, FBI, the U.S.
Coast Guard blending their information into a daily 20-page report
called the Threat Matrix. This Threat Matrix is a compendium of the
latest secret intelligence on specific threats and plots against the U.S.
By the way did any of you see the new TV show titled, get this,
“Threat Matrix” on KABC, at 8:00 PM, September 21, 2003. I wonder
who was watching this show?
Will you and your family be ready? This next section will provide
information to help you get your behavior and house in order to make
you a hard target.
At this point, some of you are saying that I am reading too many Tom
Clancy novels (“Teeth of the Tiger” was very good). You may think
that terror is in check and is not going to happen in the U.S., thanks
to Tom Ridge. Think about natural disasters and infrastructure failure.
Envision this: how about a major earthquake with a statewide
power failure? Add an oil pipeline rupture with an oil Emirate driven
increase in oil prices. This is a major disaster and it is possible
without terrorism. And there is a good possibility that LASD
Reserves would be called upon to manage part of the disaster, leaving
your family and friends to fend for themselves.
Make yourself a hard target. This means NOT:
Putting your name on your mailbox or house
Running or walking the same time of day
Wash cars, mow lawns, water the same time of day
Shop the same time of day
Take the same route to work every day
Sit in the same seat in a bus or vehicle
Arrive at work, go to lunch, leave work at the same time
Park vehicles in the same areas
Although the likelihood of a foreign terrorist raiding and taking over
your house is slight, the following suggestion could prevent identity
theft or forgery fraud: don’t provide information by mail, computer,
or trash can; shred your documents before placing them in the
garbage.
A community watch is always good. Neighbors, domestic employees,
guards, and family can detect potential surveillance by strangers.
Make sure you have warning devices such as alarms, motion detectors
and pets.
Use fences, block walls, double lock doors, and secure windows.
Don’t place your name in a public phone directory.
If you get unusual phone calls, e.g. silent clicks, annoying calls,
report it to the police.
Do not answer the phone with personal information. This also pertains
to Internet.
Report interruption or unusual interference with the phone or computer
Memorize emergency phone numbers.
Keep your cellular phone fully charged.
Don’t give unnecessary details to anyone.
Vary daily routes.
Refuse to meet strangers outside of work.
Always inform co-workers or family members about your
destination.
continued on
Page 12 Los Angeles County Sheriff’s Department January - March 2004

Terrorism
continued from page 12
Don’t open doors to strangers.
Restrict the possession of house keys.
Lock all entrances at night, including garage.
Allow maintenance only on a scheduled basis.
Install lighting all around the house, use timers and sensors.
Secure fuse boxes and lock them.
Install fire, smoke, intrusion alarms
If possible, have a safe room in the house with food, water and
medical supplies. An upstairs bathroom can be a safe room.
The Basics
Have food, water, clothes and medications for at least 3 days.
Prepare a room in the house for a shelter-in-place.
Have a first aid kit and a fire extinguisher.
Have cash money. The ATM does not work when electricity is off.
Have a flashlight, portable radio, whistle, paper towels and moist
towelettes, a toolbox and matches.
Make sure toilet supplies are stocked.
Important documents must be in a safe place. Everything your
accountant, estate planner and investment broker told you to create,
should be kept in a safe place and ready to be in transported. In
other words, get your estate in order. For an extremely detailed
compilation of recommendations for surviving terrorism, refer to The
U.S. Government Guide to Surviving Terrorism. ISBN 0-7607-4891-
8
I hope this article has been helpful. Even though homeland security
is much better and may prevent a terrorist attack, at least your estate
is in order and you can find all your important paperwork. Homeland
security cannot prevent an earthquake.
RFB Calender of Events
Retirement for Ron Dayhoff
April 7, 2004
California Country Club
Posse Dinner Meeting
April 20, 2004
Steven’s Steakhouse
Posse Spring Ride
April 24, 2004
Jack Bones Equestrian Center
Reserve Leadership Conference
May 1, 2004
Holiday Inn, L.A.
2nd Annual Reserve Forces
Golf
Tournment
July 29, 2004
California Country Club
Posse Dinner Meeting
September 22, 2004
Steven’s Steakhouse
Posse Fall Ride
September 25, 2004
Jack Bones Equestrian Center
Reserve Awards Dinner
September 30, 2004
Crowne Plaza
Posse Family Ride
October 23, 2004
Jack Bones Equestrian Center
January - March 2004 Los Angeles County Sheriff’s Department Page 13

Reserve Deputy Finds Himself in National Spotlight
Caught on camera by most major television networks already in place
covering the trail of actor Robert Blake, Los Angeles County Sheriff’s
Department Reserve Deputy David Katz is filmed tackling a fleeing
suspect. This act of bravery instantly propels the 40-year old Katz to
hero status throughout the United States. David Katz began his day at
the Van Nuys courthouse like any other Friday. The Traffic Court
judge had spent the morning hearing cases, as he always does. This
day Dave stayed a few extra moments and exchanged a few war stories
with the clerk and new Bailiff in Division 109, a salty older
deputy. As Dave recalls it, he first heard a couple loud bangs. His first
inclination was that it was gunshots. He quickly dispelled that theory
in his mind because, after all, he was at the courthouse and there’s tons
of deputies and media around. Dave opted for the alternative belief
that some media equipment or lights had exploded. No sooner did he
have that thought when he heard several additional loud bangs. Now,
Dave was sure of what he’d heard. He took cover behind a concrete
wall, being out of sight the horrendous point blank shooting that was
occurring just outside of the Van Nuys courthouse between a disgruntled
man and the lawyer for his support trust trustee around an all
too small tree.
As Dave briefly huddled behind the wall, a mere few seconds passed
before pandemonium broke out and numerous bystanders and
witnesses began running past Dave’s location. One man attempted to
flag down a passing tow truck and screaming “ call 911, there’s a
Deputy down. A Deputy has been shot. There’s shots fired.” Hearing
this, Dave didn’t hesitate. He knew that he had medical training as an
EMT and that he could help the fallen law enforcement brother. As
Dave rounded the corner he carefully assessed the scene, pulled his
flat badge from the rear pants pocket of his suit and raised it up
towards the media and yelled “I’m a Deputy, where’s the Deputy who
is down?” Some media people motioned to Dave to go north on the
walkway in the direction of the victim, who, unbeknownst to Dave,
was an attorney, not a Deputy. “Where’s the Deputy who is down, I’m
a Deputy” Dave screamed again as he traveled up the walkway. Not
more than a few seconds after his second inquiry, Dave spotted an
older man coming towards him with his hands in his pockets. The man
wasn’t talking but was being followed by a cameraman and photographers.
Dave thought the scene was strange but didn’t expect that the
person he was looking at would later be identified as the gunman.
Dave continued up the walkway and for a third time held up his badge
and identified himself. This time, the suspect, later identified as
William Strier, mumbled to Dave “He’s back there—he’s back there”
trying to throw Dave’s attention off of himself onto the victim, Jerry
Curry, who lay bleeding on the walkway a hundred feet away. Just as
Dave approached Mr. Strier, a Court TV cameraman realized that
Dave was an off-duty police officer and pointed with his freehand at
Mr. Strier and mouthed “he’s the shooter—he’s the shooter.” As Dave
passed Mr. Strier, he suddenly realized that not only was the shooter
still in the area, he had just walked passed Dave. Without anytime to
think, Dave credit’s our Department’s training and his instincts with
his ability to toss off his jacket, turn and run in Mr. Stier’s direction,
all in less than five seconds. Dave pounded the pavement and quickly
closed the distance between him and the gunman. As Dave leaped into
the air , Mr. Stier turned his head to the left to see what the noise
approaching him was. Just then, Dave tackled him wrapping his arms
around the suspect’s torso and neck spinning him to the ground. Dave
then jumped on top of Mr. Stier and disabled him by pulling both
hands behind his back and assisting in the handcuffing by a court
security officer that had then arrived. Dave and several deputies
searched Mr. Stier and found the gun he used to shoot
By Gines Arnau, SR Deputy
Mr. Curry as well as a backup gun in his pant pocket that was fully
loaded. (It was at this point that Dave stated to me, that the fear started
to set in realizing he had just tackled a suspect with two guns and
one still fully loaded)
Dave describes the next two hours as very strange. He was taken by
L.A.P.D. homicide detectives into the courthouse to be interviewed
and give a written statement. Dave was taken to the Sheriff’s area in
the courthouse to write his statement. While he was in there, he
could overhear news media reports of what just occurred and could
hear Deputies describing his actions. “ It was weird, to say the least.
It felt like an out-of-body experience” recalled Dave.
Since then Dave has received numerous awards and been interviewed
by almost all the major television networks. Including Court
TV which now utilizes Dave as a regular contributor. I was present at
one of the awards ceremonies as well as Jerry Curry, the victim who
sat with us at the same table. ( His neck had a fresh scar and his arm
was in a partial cast) He had never meet the suspect before and that
was his first day representing the trustee. (Mr. Murphy paying his
usual repects)
“The man behind the action”
Dave Katz has been a Los Angeles County resident since his birth in
North Hollywood. Dave is the youngest of three boys who are the
children of holocaust survivor parents that came from Eastern
Europe during and after World War II. Dave grew up in a modest
household where his parents stressed education, hard work, religion
and charitable giving. Dave attended public school through college
where he received his degree in business administration and finance.
After graduation, Dave attended his first private institution when he
entered law school at Loyola Law School in Downtown Los Angeles
in 1987 and graduated in 1990. Dave currently is a corporate and
securities partner with the international law firm Perkins Coie LLP
where he specializes in technology and life sciences companies.
continued on
Page 14 Los Angeles County Sheriff’s Department January - March 2004

Reserve Deputy Finds Himself in National Spotlight
continued from page 14
Dave is married to a very lovely lady named Deena and he is also a
stepfather to their daughter Serena.
While trying to survive the rigors of law school, Dave met a guy who
was a member of the Malibu Mountain Rescue Team, at that time stationed
out of the Malibu Station. Dave was instantly fascinated by
the stories about the mountain rescue team and the specialty nature
of that work. He was intrigued by the fact civilians could become
reserve deputies and could do the same job as Regular Deputy Sheriffs.
Dave started inquiring about the Reserve Program but knew he
would have to wait untill after law school due to the time commitments
required. Midway through law school Dave, began the process
and, as fate turned out was accepted. One serious condition stood in
his way, Dave received news of his acceptance while he was in
Europe from his father on Friday that the Reserve Academy started
that next Sunday. If he were to miss the start date he would have to
start the process all over again. Well, you guessed it. He made it
back in time!
After completing the reserve academy as a Level II, Dave joined a
specialist SAR (Search and Rescue) Team at the Malibu Station. At
that time Level II reserves could still upgrade to Level I status with
By Gines Arnau, SR Deputy
LEVEL 1 ACADEMY
By: S/R Fred Humphrey
some additional training at the Academy and the field supervision
portion of the POST requirements. It was about this time I first meet-
Dave as I was also a member of this specialist unit. Dave and I worked
several patrol shifts together and responded to many a call-outs over
the next few years. I found Dave to be very active and unselfish with
his time for the Department, working both Mountain Rescue and
regular law enforcement assignments.
After Dave lost his father in 2002, he realized that he needed to spend
more time with his family and beloved Deena and stepdaughter
Serena. Without the regular patrol shifts to worry about Dave was able
to pursue another interest and applied to the Los Angeles County
Temporary Judge program which receives no compensation. Dave
enjoys working in this capacity and has worked assignments in Van
Nuys, Santa Monica and West Los Angeles.
This latest assignment put him in a position to be of assistance, to what
started out as a “Deputy down; needs assistance”situation. The rest is
history.
“We salute you Dave, for you represent what is best about the Los
Angeles County Sheriff’s Reserve Program.”
A Level 1 class is scheduled to begin in August at STAR Center and at College of the
Canyons. The course is 344 hours or approximately 22 weeks and will consist of the
following curriculum; Academics, Role playing,
Physical Fitness, Weapons Training, Force Training and E.V.O.C..
As a Level 1 Designated Reserve Deputy (400 hours of field training) you will have
24-hour peace officer
status, you may work alone and perform the same duties as a full-time regular
Deputy.
To qualify for the Level 1 class you must show proof of the following:
1. Current in (within the past 3 years) PC 832 training.
2. Successfully completed the Level III and Level II Modules. (The A, B, C format
does not qualify)
3. Current in (within the past 3 years) First Aid & CPR for public safety personnel.
If you did not attend an academy through LASD Reserve Forces Bureau contact Sgt.
Phil Luna at Reserve Forces
Bureau immediately for additional entrance requirements.
An entrance exam and the P.O.S.T. physical agility test will be given at STAR Center
in June. The academic test will consist of questions from the following Level III and
Level II Learning Domains, LD 2, 5 through 10, 15 through 17, 20, 31, 36, 37, 39
and 40.
January - March 2004 Los Angeles County Sheriff’s Department Page 15

2nd Annual
Reserve Forces Bureau
Golf Classic
July 29, 2004
Leroy D. Baca, Sheriff
Hosted by: Reserve Forces Bureau
Captain Detta L. Roberts
For more information please contact Sgt. John Rueff
Location:
California Country Club Golf Course
1509 S. Workman Mill Road
Whittier, California
Page 16 Los Angeles County Sheriff’s Department January - March 2004

SPONSORSHIP/DONATION:
Foursome...........................$50
0
Single................................$
150
Platinum Sponsorship.......$2,500
Gold Sponsorship.............$1,000
Silver Sponsor-
This 2nd Annual Reserve Forces
Bureau Golf Classic will enable
Reserve forces Bureau to raise money
for the Sheriff’s Department Explorer
and Reserve Programs.
The proceeds will be used to benefit our
Explorers with training, taking part in
recognized competitions, and the
purchase of uniforms.
A protion of these proceeds will also go
towards Reserve programs and the purchase
of needed specialized equipment
Tournament Fee includes:
Entry fee, golf carts, driving range,
breakfast, lunch, the Awards Banquet,
and all beverages on the course
The Tournament format will be:
4-person scramble
For additional information,
contact:
Reserve Forces Bureau
Sergeant John Rueff
11515 S. Colima Road
Room A-100
Whittier, CA 90604
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January - March 2004 Los Angeles County Sheriff’s Department Page 17

Much has been discussed with the use of back seat detentions
as a tool for single Deputy units. The following is a refresher
as to when back seat detentions may be of use to you.
Utilizing the Back Seat Detention by a two person unit is not
recommended unless reasonable circumstances dictate its
usage, i.e., weather conditions, keeping individuals separated
while investigating criminal activity, etc.
The Back Seat Detention is a tactic used by deputy personnel
who believe the person they are detaining may pose a threat or
be an escape risk. The Back Seat Detention is an excellent tool
commonly used by single deputy units who desire to conduct
an investigation which would not allow them to monitor a
detainee 100% of the time (e.g. vehicle searches on traffic
stops). Back Seat Detentions can be considered an “indication
of custody.” In order to avoid this assumption by the courts,
deputies working with a partner should consider using other
techniques when it is safe to do so. When contemplating the
use of the Back Seat Detention, the following factors should be
considered:
Placing a detained person in the back seat of a patrol car is an
“indication of custody” and may cause a court to view the
detention as an arrest, which requires “probable cause.” (Carlos
M. (1990) 220 Cal.App.3d 372, 384; Gorrostieta (1993) 19
Cal.App.4th 71, 83.) NOTE: You can use whatever precautionary
safety measures that are reasonable under the circumstances.
The use of force, handcuffs, etc., does not necessarily
turn a detention into an arrest (Eberle (9th Cir. 1990)
901 F.2d 814; Carlos M. (1990) 220 Cal.App.3d 372; Rivera
(1992) 8 Cal.App.4th 1000, 1007).
Some individuals may take offense to being placed in the back
seat of a patrol car. Embarrassed people may become hostile
or complain about being unnecessarily detained or harassed.
If the procedure is overused, or used in inappropriate situations,
the courts may take this valuable tool away from law
enforcement.
Back Seat Detentions should be used primarily as a precautionary
measure by single deputy units when conducting vehicle
searches or other investigations on detained persons. As
with the Seated Investigation Detention, deputies must be able
Training and Experience
Industry Station Training Office
to articulate why the back seat detention technique was necessary,
and the reasonable suspicion for their investigation. The
technique should only be used when necessary and fully justified,
not as a matter of routine or convenience.
When using this type of detention, remember to:
Ensure the person being detained is unarmed. If you have any
suspicions the person may be armed, conduct a pat-down
(cursory) search for your safety
Ensure the patrol unit doors are closed.
Make continual visual checks on persons being detained to
ensure they do not exit your patrol unit by unconventional
means (e.g., sliding through the side of the screen and out one
of the front doors).
As always, WHEN IN DOUBT, REQUEST BACK-UP.
Tactical Issues
Prior to placing detainees in the back seat of your patrol car,
assure them they are NOT under arrest. This will hopefully
place the detainee at ease, as well as assist in decreasing the
chances of a hostile confrontation when and if an arrest is
eminent.
In many past situations when deputies removed a detained
person from a patrol vehicle’s rear seat for handcuffing, the
encounter deteriorated into a fight, a foot pursuit, or both.
If you decide to arrest the person who is detained in the rear
seat of your vehicle, in many instances it is not necessary to
have the person exit the vehicle to be handcuffed.
Take into consideration all the variables and decide whether
or not you will need back-up (when in doubt, get back-up).
Advise suspects to remain seated. Order them to turn their
body and face away from you and to lean forward. Finally,
have suspects place their hands behind their back. Ensure
suspects do not place their feet up on the seat. This will provide
suspects with the ability to shove themselves backwards
in an attempt to escape or head-butt. To protect yourself from
possible attack while handcuffing in this manner, always have
suspects keep their feet on the floor board. Additionally, put
as much distance between your face and the back of the suspect’s
head as possible.
Open the door and place handcuffs on the suspect. NOTE:
DO NOT transport suspects without ensuring they are
unarmed. This will probably require removing suspects from
the vehicle after they have been handcuffed.
For further information concerning the legality of Back Seat
Detentions, or other types of physical restraints, please refer to
Section 2.15 and Section 2.16 of the California Peace Officers
Legal Sourcebook.
Page 18 Los Angeles County Sheriff’s Department January - March 2004

“High-fives to a Job well done”
The Simi Valley Fire burned to the east and into the San Fernando Valley
and headed for the Porter Ranch area just north of the 118
Freeway. Firefighters and Police personnel began to enter the area to
combat the wildfire.
Two LASD Reserve Deputies from the new TSB Reserve Company
#68 live in the Porter Ranch development. S/R Captain Christina
Sidrow and S/R Deputy Jonathan Chance, husband and wife. They
came into contact with firefighters who were wandering through their
neighborhood looking for a place to rest and recover. Deputies Sidrow
and Chance welcomed the firefighters into their home.
The Reserve Deputies were able to contact the Coca Cola Company
and were able to get an entire truckload of refreshments donated to
help the tired firefighters. They opened their garage and set the items
up for easy access. They also coordinated with their neighbors and set
up showers and rest areas throughout the neighborhood.
Some of the firefighters said they had not been off the fire line for
three days and were in desperate need of food and showers. Deputies
Sidrow and Chance contacted the local Starbucks, Baja Fresh and grocery
stores in the area and were able to get food and drink to support
the firefighters. Donations came pouring in and soon the fire Command
Post was on the front lawn of their home.
Deputies Sidrow and Chance went well beyond their call of duty and
stayed up all night making sure the firefighters, police and Sheriff
units were taken care of.
by Sgt. Phil Luna
A “shout out” goes out to S/R Deputy Robert D. Port (left) of Maury Povich
Productions who won the 2003 Academy Award for Best Documentary
Short Subject “Twin Towers”. That night, clutching his Oscar, he made this
acceptance speech,
“You did it Joe. On September 11th, Detective Joseph Vigiano and his brother
John made the ultimate sacrifice for their country. You all have honored
them with this trophy. Thank you, Maury Povich, for everything. Thank you,
Peter Jankowski, for your vision. Thank you, Alan Berger, for your guidance.
And to my wife Lisa and son Dylan, thank you for your love and support.”
Note: Rob will be transfering to the Recruitment Company
What if your life-long passion, was interupted by your career? That
was the thought Officer S. O’Neal pondered all his adult life. He
knew he had a special talent on the court, but he also knew that he
could not wait any longer to pursue his boyhood dream. So, after two
and a half years of training with the Los Angeles County Sheriff’s
Department, Officer S. O’Neal finally finished the Level I portion of
the Modular Course. He will be entering a formal field training program
with the Los Angeles Port Police. He finished the Level I
portion of the Modular Format last year after the Lakers were eliminated
from the NBA playoffs against the San Antonio Spurs. The
Sheriff’s Department and Officer O’Neal take great pride in the fact
he was trained by the L.A. County Sheriff’s Department. By the way,
if you did not make the connection, Officer S. O’Neal’s first name is
Shaquille, Superstar center for the Los Angeles Lakers.
Officer Shaquille O’Neal during the final session of scenario
testing. He is seen here handling a “Suspicious Person” call
Officer Shaquille O’Neal “going through” Red-Man scenarios
January - March 2004 Los Angeles County Sheriff’s Department Page 19

The Explorer Leadership course number 3 was conducted August 20
-24 at USMC Base, Camp Pendleton. We had a total of 43 dedicated
explorers in attendance.
After arriving at the Corporal’s Course barracks on the Base we had
the Explorers unload their gear, assigned them a rack and had them
store their gear in their designated locker. They then fell out onto the
grinder into a platoon formation. The Explorers were then marched to
the rear of the barracks and given a demonstration from the USMC
K-9 unit. After this great demonstration we drove the enthusiastic
Explorers to the Mess Hall to eat some of that great Marine Corps
chow. Actually, the food was great and the Explorers never went
hungry. After dinner we returned to the barracks and fell back into
platoon formation. The class practiced several marching techniques.
Once this was done and all the marching bugs were gone, the class
was instructed to get their PT gear on. Apparently some of the
Explorers thought that they were on a family vacation.
I want to give a special thanks to Sergeant Bill Schuessler, our own
EMT, for following us on each and every run throughout the encampment.
The staff and class went on a short 4.5 mile night run. To our
surprise, half- way into the run it began to rain very hard. We ran in
the rain until we completed the run and then all of a sudden the rained
stopped. It mimicked the movie “Forest Gump.” We didn’t have one
drop of rain after that. LIGHTS OUT!
DAY 1 The Marines assigned to the Corporal’s Course instructed the
Explorers on the elements of leadership and briefed them on safety
issues related to the barracks and base. They also instructed the
Explorers in physical fitness and nutrition. After this course of
instruction we went on a second run which was approximately 4
miles. We were lucky to have the Marines running with us singing
their jodies. They took the class on a run to the beach. It was a very
nice day and everyone was enjoying the run. Some of the Explorers
were in a daze while running on the shore line. So we decided to let
them feel like one with nature and stopped the run and began doing
push ups in the surf. We completed our run and returned to the
barracks. After a great lunch we traveled over to the “O” (obstacle)
course where the Marines demonstrated the importance of physical
fitness once again. The Explorers were allowed the opportunity to run
the “O” course. During this process we had a once in a life time experience.
Directly to the south of the “O” course was a very large dirt
field.
Explorer Leadership Institute
By Sergeant John Rueff
We were told that a couple of CH53 “Echo” Sea Stallions would be
landing on the field. As we continued our program, we heard a loud
roar coming from the south over the ocean. We watched as they circled
overhead and flew in from the north approaching the “O” course.
Having served my country in the Navy and being assigned to a
squadron I had pretty good idea what was coming next. The first
helicopter flew directly over everyone, I watched as the crew chief
leaned out of the fuselage and was sporting a very big smile while
waving kindly to all of us. As the first helicopter began to hover over
the field, Sergeant Marc Saunders said, “I am going to get some pictures,”
I told Marc I thought it would be a great idea. I smartly found
myself a real nice place behind the 8 foot wall, crouched down and
watched how everything around me got dusted by the first helicopter.
As many of the Explorers attempted to run for cover, Sergeants
Causey and Brookwell sat nicely and comfortably in their van watching
the entire incident. That was only the first helicopter, with no
place to run the second helicopter began to land. Captain Roberts,
who was out with us for the day, thought to herself “I am not going
through this a second time” and started to look for cover. She looked
at a couple of Porta-Potties and for a split second thought, “Hmm,
that might be a good place to seek cover.” Fortunately she didn’t get
in, because it was blown over by the second helicopter. After the
helicopters landed, we watched as the Marines exited and walked
over to their barracks. After the dust had settled and we could see
again everyone began to laugh about the entire incident. We
completed the course and returned to the our barracks. After
cleaning up we got in marching formation and with the assistance of
Deputy Marascola we marched until chow time. After returning from
chow Sergeant Causey and I gave a class on the importance of
integrity, values, choices, and principles. LIGHTS OUT!
DAY 2 We had an early morning rising at 0400 hours. Everyone was
in platoon formation at 0430 hours in PT Gear. We went on a 4.5
mile run in darkness. While passing through the campsite area we
decided to sing a couple of jodies. Little did we know that we
weren’t allowed to do this until 0700 hours. After being informed of
this by a bleary-eyed Marine Corps Colonel, we ran in silence until
we got back to the barracks. We went to chow and then headed over
to the Helicopter Flight Simulators. The Explorers were given a tour
of the hangar. 1st Lieutenant PeZa gave a thorough overview of the
entire H-46 helicopter. At the conclusion of the tour we headed over
to the actual flight simulators. Everyone had an opportunity to
experience the simulator. We returned to the Corporal’s barracks,
went to chow and returned for some additional marching. Sergeant
Causey and Deputy Martinez tested the explorers on radio codes,
spelling and formations. LIGHTS OUT!
continued on
Page 20 Los Angeles County Sheriff’s Deparment November - December 2003

continued from page 20
DAY 3 We had a our normal formations and then drove to Camp
San Mateo to learn how to reppel off a 65' tower. Members of the U.
S. Border Patrol Search and Rescue Team were our instructors for the
day. The Explorers listened and watched the demonstration with
eagerness. All the Explorers helped each other with putting on their
“Swiss Reppel Seat”. They each, one at a time, made the long climb
skyward to the top of the tower. The Reppel Master hooked them up
and over the edge they went, slowly bounding to the ground. After
the Explorers were finished, all the LASD staff instructors, including
Captain Roberts put on the “Swiss Seat”, made the climb skyward,
hooked up and over the edge we went. Everyone operated as a team
necessary to accomplish the task and enjoyed the challenge. We
returned to the Corporal’s Course Barracks and changed into our PT
gear. With Captain Roberts in the lead we went on a 4 mile run.
After the run we enjoyed dinner and went down to the beach to have
a Staff/Explorer competition. I believe the Staff won every game of
volleyball that was played that evening. I want to commend the
Explorers in attendance for their hard work and dedication. It was a
great experience for everyone. Just a note to the Explorers interested
in attending ELI next summer. Physical fitness is a very important
part of everyday life. Please start a work out program so we can all
enjoy a run on the beach.
Explorer Leadership Institute
I want to thank all of the support staff that assisted in the every day
operations. Sergeants Marc Saunders, Bill Schuessler, Vicki
Stuckey, Roberto Causey, Pam Brookwell and Deputies Jenny
Christiansen, Monica Martinez, and Richard Marascola. See you
next year.
November - December 2003 Los Angeles County Sheriff’s Department Page 21

EXPLORER GRADUATION
On the morning of January 10th, Explorer Class # 71 marched onto
the quad of the USC campus in Los Angeles. The graduates were
inspected by Captain Roberts and many other personnel from the LA
Sheriff’s Department, as well as from local law enforcement agencies.
The graduates were offered words of encouragement by Sheriff Baca
and the special guest speaker Brigadier General Michael J. Aguillar.
Each Academy site had an Honor Recruit. For the Antelope Valley
Academy, the honor recruit was Steven Round, for the North Academy,
the honor recruit was Walter Lee Campbell and from the South
Academy, the honor recruit was Louis Spindola.
The Explorer Academy met every Saturday for 20 weeks, 8 hours per
day. The Explorer program is regarded as the Sheriff’s Department’s
“minor league system”; a training ground for tomorrow’s leaders to
lay a foundation toward their future goals; to one day make it to the
“major league”, to become a Deputy Sheriff. The graduates are to be
commended for their committment, dedication and sacrifice toward
this valuable investment.
RESERVE GRADUATION
Reserve Deputy and Explorer Graduations
By S/R Brad Blair
Early in the evening of February 9th, Reserve Classes 97 & 98
convened at the Kenneth Hahn Hall of Admin to be sworn in and reaffirm
their oaths. The class was comprised of newly entering level II
graduates as well as Level I upgrade. Sheriff Baca spoke candidly on
the difficulties and objectives that lie ahead for the new officers and
Deputies, including the fact that the 23,000 local law enforcement
officers are the soldiers in the war of domestic terrorism. Captain
Roberts then announced the honor recruits for each of the class
divisions. For the Level I academy, the honor recruit was Alex
Rolando from Glendale PD. For the Level II academy, the honor
recruit was Charles Seagers from the LASD Marina Del Ray Station.
Congratulations to all the spring of 2004 graduates and best of luck in
the success of all of your law enforcement ventures.
Above: Recruits from Class #97 & 98 are sworn-in by Sheriff Baca
Top: Explorer graduates open ranks to await formal inspection
Middle Top: Explorer Class #71 graduates stand prepared at attention.
Middle Bottom: Representatives of Law Enforcement inspect the Explorer
Ranks
Bottom: Deputies and Officers turn to the audience to recite the Department’s
Core Values
Page 22 Los Angeles County Sheriff’s Deparment November - December 2003

A final Remembrance of Lt. David Peltz
Final Thoughts
By Sam S. Snyder, Ph.D. MPH
A "critical incident" occurred when our managing editor passed on to his reward. This is the first publication of the ReserveNews since that critical
incident. The post-incident review process was conducted by the Los Angeles County Sheriff’s Department Reserve Forces Bureau and they
found that the loss of Reserve Lt. Peltz resulted in a loss of the team to manage the flow of information, to publish a magazine in a timely and professional
fashion. It took time to pull together all that expertise to do what came naturally to Lt. Peltz.
Reserve Lt. David always acted sincerely and with a belief that he was doing what was best for the Sheriff’s Department and as a consequence the
Reserve News.
Dave never had immunity from a good joke, even when he was under the gun with a publishing deadline, but he always took his official responsibility
for getting the paper out very seriously. As a result of his hard work and team playing, this Reserve News has had numerous awards.
Under use of excessive publishing (4th estate actions), Dave used a standard of "objective reasonableness" when dealing with other team members,
like the perspective of a reasonable officer on the scene.
Reserve Lt. Peltz was a dedicated law enforcement officer, a great managing editor who will be greatly missed, a good husband and family man.
We all stand at attention to salute the loss of our colleague and friend.
Parting Shots
By Sam S. Snyder, Ph.D. MPH
November - December 2003 Los Angeles County Sheriff’s Department Page 23