Not sure why he was handcuffed in the front, but luckily it ended the right way

[MikeG]

A detention officer lost a toe, though. Scary that he was handcuffed in the front. Article implies he had concealed .45 that he was able to retrieve while handcuffed. Not sure if they searched him before/after handcuffing but if they did, I suspect an officer is beating himself up pretty bad over that. Maybe his supervisor is, too.

Title of the link below should really be "suspect who died during attempted murder of deputy" but it's pile on MCSO week so all titles imply something bad at MCSO.

Family of suspect killed by MCSO: His life could have been different | azfamily.com Phoenix

I've reordered the story to make the important points and avoid the drivel.

On Saturday night, MCSO deputies stopped Charles Dansby for speeding near Interstate 17 and Northern Avenue.

Deputies determined the 51-year-old motorcycle rider was under the influence of drugs or alcohol.

Dansby has a long criminal record. Court records show child abuse, possession of drug paraphernalia and shoplifting. Officials add weapons offenses and resisting arrest to the list.

"The suspect was handcuffed in the front, but he was able to pull a .45," Sheriff Joe Arpaio said. "It was concealed, pointed at our deputy."

The deputy shot Dansby. He was taken to a local hospital where he died.

A detention officer was shot in the foot during the incident. The officer's toe was amputated, but he is in good condition.

[McNulty]

I'll bet that he was initially handcuffed in the back, but the handcuffs were switched to the front for the breath testing, then never switched back.

[MikeG]

I'll bet that he was initially handcuffed in the back, but the handcuffs were switched to the front for the breath testing, then never switched back.

Dunno. An agency I'm familiar with would have done a breath test as part of the initial assessment but after arrest and handcuffing, the next step would be blood draw either as voluntary or as result of warrant if refused. They don't bother with breath test after the arrest. A DUI task force would have a judge on scene to issue the warrant. I'm not sure if that's just a department policy or general practice in AZ. Maybe he handcuffed in front for blood draw? Or fingerprinting?

Still scary to have pistol after being handcuffed. human nature is going to look at a handcuffed prisoner as having already been searched at least once and I bet those task forces are like assembly lines of assessment, arrest, warrant, blood draw, booking and release. I don't know if they go to the jail or not with with the task forces. I'm glad that deputy was quick enough/aware enough of what he was seeing. There has to be some moment of disbelief with seeing handcuffed prisoner pull a pistol out of their clothing.

Just be careful. I feel a little sorry for the rest of the DUI arrestee's this season as they will be subject to full rectal exams in the DUI trailer. lol. I'd also bet someone is pricing out a mobile version of the full body scanners at the airport. It's not like a metal detector where the handcuffs would jack it up. Send them through with handcuffs on (behind their backs).

[ET109]

Worst I ever found on a secondary transport search was drugs and a knife... pistol is even scarier. Found out my 'secondary' search was actually the first time he had been shook... guess that's why we do them.

[MikeG]

Admittedly, I haven't heard many stories about secondary searches missing weapons. "if there's one, there's two" seems to be the search mantra. I did hear a story of the jail finding a knuckle duster disguised as a belt buckle that was missed by two officers during arrest and and transport but nothing bad happened. The object I think was field filed after it sat in a locker as a reminder for a bit.

As for drugs: as a non-leo I wish all field searches could be done verbally because my favorite charge to hear is the one for bringing contraband into a jail facility. I think that if you already are making the arrest, and you find drugs, just ask them. If they deny it, let them know about the contraband rule and give it back to them. Then let the jail staff know and have them confiscate and test it.

Officer: "You have a felony warrant and you are under arrest. Whats the white powder in the bag in your pocket? Were you baking earlier and had some left over sugar you were saving for coffee?"
Suspect: "Umm, don't know. It could be sugar I guess."
Officer: "Well, sugar is okay to bring to the jail but if it's cocaine or other contraband it's an additional felony. But since it's sugar, I'll give it back to you in a pocket you can't reach. If you think it's contraband just let me know what it is. I believe you, but those jailors might not."
later on, Detention officer: "Hey, that stuff you tried to sneak in as sugar is cocaine. new charge of possession plus contraband."
Suspect: "I must have put on another baker's pants by accident. And he must have been trying to steal my wallet and car! I forget his name. John or jim something. But I know the sizes of all his clothes."




















'

[McNulty]

Dunno. An agency I'm familiar with would have done a breath test as part of the initial assessment but after arrest and handcuffing, the next step would be blood draw either as voluntary or as result of warrant if refused. They don't bother with breath test after the arrest. A DUI task force would have a judge on scene to issue the warrant. I'm not sure if that's just a department policy or general practice in AZ. Maybe he handcuffed in front for blood draw? Or fingerprinting?

Still scary to have pistol after being handcuffed. human nature is going to look at a handcuffed prisoner as having already been searched at least once and I bet those task forces are like assembly lines of assessment, arrest, warrant, blood draw, booking and release. I don't know if they go to the jail or not with with the task forces. I'm glad that deputy was quick enough/aware enough of what he was seeing. There has to be some moment of disbelief with seeing handcuffed prisoner pull a pistol out of their clothing.

Just be careful. I feel a little sorry for the rest of the DUI arrestee's this season as they will be subject to full rectal exams in the DUI trailer. lol. I'd also bet someone is pricing out a mobile version of the full body scanners at the airport. It's not like a metal detector where the handcuffs would jack it up. Send them through with handcuffs on (behind their backs).

You can give breath tests to a person who isn't under arrest? I'm not talking about a PBT, I'm talking about an actual court-admissible breath test. In our state, the breath test isn't offered until the person is already under arrest and transported back to the jail, station, etc. for the breath test. You have to have probable cause to arrest for DUI before you offer or administer any breath test.

[MikeG]

You can give breath tests to a person who isn't under arrest? I'm not talking about a PBT, I'm talking about an actual court-admissible breath test. In our state, the breath test isn't offered until the person is already under arrest and transported back to the jail, station, etc. for the breath test. You have to have probable cause to arrest for DUI before you offer or administer any breath test.

I'm not sure AZ has any court admissible breath tests (if they do, the department I am familiar with doesn't do it, just blood draw and always at hospital). cat_doc or other az officer could answer better than I can. In addition to SFST, the officer can ask subject to submit the PBT and use the totality for probable cause for arrest.

[McNulty]

I'm not sure AZ has any court admissible breath tests (if they do, the department I am familiar with doesn't do it, just blood draw and always at hospital). cat_doc or other az officer could answer better than I can. In addition to SFST, the officer can ask subject to submit the PBT and use the totality for probable cause for arrest.

That's right, I did know that about AZ now that you mention it. We can only take blood when there's an articulable suspicion of drug use. If it's just alcohol we're suspecting, we use a breath test that's admissible in court.