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9-12 group quizzes legal officials

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Monday, April 27, 2015 6:03 PM
The Four Corners 9-12 group hosted a forum on law enforcement at the Elk’s Lodge last week. Area cops discussed police procedure, Constitutional issues and a national conspiracy theory.

Did you know that when pulled over by the cops it is advisable to inform them if you have a gun in the vehicle?

Or that if you’re seen fishing or hunting on private land, Colorado wildlife rangers have legal authority to trespass on the spot and ask to see your permit?

And that many believe undercover military agents are patrolling in Colorado to prepare for martial law?

These were few revelations that came out of a panel discussion of local law enforcement hosted by the Four Corners 9-12 group last week at the Elk’s Lodge.

Montezuma County Sheriff Steve Nowlin, Cortez Police Chief Roy Lane, District Attorney Will Furse, and Colorado Parks and Wildlife ranger Matt Thorpe all participated in the forum.

The program was organized to bolster community relations with local law enforcement, especially in light of recent upheavals between cops and the public across the nation.

“We’ve seen changing times where there is division between law enforcement and the people,” said Dexter Gill, 9-12 meeting moderator. “It should not be us versus them, we need law enforcement to protect the community and our liberties.”

Trust is key

Lane said that in his 49 years in the profession — 34 years as Cortez police chief — he has seen similar periods of mistrust between the public and law enforcement.

“Some police go along too aggressively, and that creates a disconnect for some people and law enforcement,” he said. “But what you see on TV is not what is going on in our community. Trust in each other and love of our country brings us back together.”

Nowlin said since taking over the office, he has been working “to rebuild public trust” by focusing on officer training and good character.

“One bad thing, and that trust is gone, as you can see what the result is on TV,” Nowlin said. “We don’t have rioting here.”

Legal trespass

Thorpe, of CPW, focuses on wildlife protection, monitoring hunting and license compliance. He explained there is a nexus between wildlife managers and private landowners because the state owns the wildlife, but a lot of their critical habitat is on private land.

He addressed the controversial issue of game wardens entering private land without a warrant. The practice is allowed under Colorado wildlife statutes in certain circumstances involving fishing and hunting, and has survived legal challenges.

“When we witness use of equipment for the purpose of harvesting (state-owned) game or fish, our job is to make contact and check licenses and bag limits,” Thorpe said. “We’re respectful, and once proof is shown, we leave.”

Constitutional issues

Bud Garner asked the panel about upholding Constitutional rights. All panel members said they protect civil liberties of citizens and uphold the Constitution in their work.

Updates on U.S. Supreme Court decisions relating to law enforcement are regularly reviewed and applied, officials said.

“I won’t enforce a law that is unconstitutional,” said DA Furse, to applause. “We have a good working relationship with officers. But when law enforcement exceeds their authority, we call them on it.”

Lane added that police focus on Constitutional rights because ignoring them leads to dismissed cases.

“We are human and make mistakes, but they are corrected,” he said.

The right to bear arms is a popular Constitutional right. But if you are pulled over and carrying a weapon, it is best to advise the officer, Nowlin said.

“Whether it is on you, or in the car, communicating that up front prevents any surprises for the officer, and is safer for everyone involved,” Nowlin said.

The panel was asked whether “no-knock warrants” are used in the county. Furse said they are very rare, and he has not seen a request for one since taking office. No-knock warrants can go “horribly wrong,” and they are only issued if a life is in danger, or evidence is at risk of being destroyed.

“For 99.9 percent of search warrants we knock and announce,” Nowlin said.

Martial law?

Four Corner 9-12ers are not immune to a good conspiracy theory, Garner admitted, and a popular one is “Jade Helm 15,” which purports that thousands of undercover military agents are patrolling the country in advance of initiating martial law.

The panel said they were unfamiliar with the alleged conspiracy, which also claims Walmart stores will be used to process citizens once martial law is declared.

When asked about ominous-looking police vehicles with low-profile federal insignia in the area, panel members just shrugged.

Officials then explained that some unmarked police vehicles are actually BIA cruisers from tribal officers who live off the reservation, or are in town for joint training with other agencies.

“We border two sovereign nations, and there are other federal police including the FBI and U.S. Marshals investigating crimes,” Lane said.

The panel stressed that police are here to keep people safe and enforce laws reasonably.

Lane noted that he trains his officers to use discretion and enforce “the spirit of the law, not the letter of the law. If you have an issue with a police interaction or ticket, give me a call, even at home, and let’s talk about it.”

Thorpe said he gives warning or tickets depending on which one he feels will best change the future behavior of a person making a mistake.

“Some of our rules are so technical, they can trip you up,” he said. “Our focus is to educate and gain future compliance.”

Nowlin said officers are trained to be polite and respectful. He advised people to not get in a confrontation at the time of a ticket.

“Let it go, and then contact us afterward to get things straightened out,” he said.

jmimiaga@cortezjournal.com

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