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Salt Lake City police department clears officer who shot dog

First Published Aug 01 2014 09:38AM      Last Updated Aug 01 2014 10:40 pm

Courtesy Justice for Geist Facebook page Geist

The Salt Lake City Police Department said Friday that a police officer "acted within policy" when he shot a dog in its own fenced backyard last month during a search for a missing 3-year-old boy.

Officer Brett Olsen reasonably believed deadly force was necessary to protect himself from being killed or seriously injured by the dog, a Weimaraner named Geist, according to the police department.

The results of the department’s Internal Affairs investigation are similar to those released Friday by the independent Civilian Review Board, which exonerated Olsen for the complaint of excessive force the dog’s owner lodged against him.

The dog’s owner, Sean Kendall, maintains that Olsen entered his fenced back yard illegally and has vowed to pursue legal action against the department.

"It was with great disappointment the Salt Lake City Police Department has chosen to toe the thin blue line instead of uphold their oath to the sovereign country and state they are employed by," Kendall told reporters who gathered at his Sugar House home Friday afternoon.

"When Brett Olsen opened my gate, he violated my constitutionally protected right to privacy, and he then illegally seized and killed Geist," Kendall said.

Olsen shot Geist on June 18 during a search for a missing boy, who was later found asleep in his own basement.

The police department has received hundreds of emails asking for Olsen’s termination, and rallies have been held outside police headquarters and in front of the Utah Capitol.

The review board report says it found Olsen was authorized to enter the yard under the "exigent circumstances" exception to obtaining a search warrant, and that Olsen feared for his safety when he shot Geist.

"… the issue is simply: were [Olsen’s] actions, based upon what he knew at that time, reasonable and within the law and policy on the use of deadly force?" the board wrote in its report.

The review board report noted Olsen had helped search for Destiny Norton, the 5-year-old girl who disappeared in Salt Lake City in 2006. She was found eight days later murdered in her neighbor’s basement. The report said Olsen worried that the longer the boy was missing, the more likely a similar scenario would occur.

So Olsen entered the yard without a warrant, but under what he considered to be exigent circumstances — scenarios recognized by the courts under which police can search to eliminate immediate threats. Olsen had been told the boy did not respond when people talked to him, so Olsen did not call for him.

Kendall said he had anticipated the reports’ findings, but did not believe Olsen’s decision to enter the yard met the exigent circumstances requirement.

Paul G. Cassell, a criminal law professor at the University of Utah, saidofficers "have to clear a high bar to demonstrate exigent circumstances," emphasizing that he did not know enough about the Geist case to form a specific opinion about it.

"The legal standard is not precise," Cassell said. "The courts don’t impose arbitrary and mechanical rules when assessing exigent circumstances. Instead, they look at the totality of circumstances and try to determine whether there is a serious need for immediate emergency action."

Cassell added that it is "extremely unusual" for an officer to enter a gated backyard, which the law treats similarly to a home, "the most highly protected area under constitutional law," Cassell said.



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