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Minutes - Council - 11/18/2008 - Special
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Minutes - Council - 11/18/2008 - Special
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Meetings
Meeting Document Type
Minutes
Meeting Type
Council
Document Title
Special
Document Date
11/18/2008
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<br />Mr. Sliderman asked if it was true that this particular document is complete, including the entire <br />conversation or if it was incomplete. <br /> <br />Officer Katers stated that he couldn't testify to Officer Moldenhauer's report. <br /> <br />Mr. Sliderman reiterated his objection to the admissibility of the entire report. He asked if it was <br />standard procedure, if he is Officer Moldenhauer's supervisor, if there were any instructions <br />available as to how to treat an individual purchasing for his own personal use or for the <br />pawnshop operation. <br /> <br />Officer Katers stated that he didn't give any instruction to Officer Moldenhauer for whether it <br />was for personal or pawnshop. He stated that he believes it occurred in the parking lot of the <br />business. <br /> <br />Councilmember Look stated that he wants to draw a comparison. to alcohol and tobacco <br />compliance checks. He stated that for these compliance checks, people are required to tell the <br />truth. He asked if people are required to tell the truth in this situation. He stated that in Officer <br />Moldenhauer's report it states that he was asked if he was with the police and he responded he <br />was not. He stated that if the City is going into businesses and conducting these types of <br />"stings", that it be done with meeting the law on our part as well. He stated that if the City <br />needs to be truthful, then the City needs to be truthful. <br /> <br />Officer Katers stated that he understands his concern, but the law does allow some level of <br />latitude in this situation. <br /> <br />Councilmember Dehen stated that if, for example, you have two people that are co-defendants in <br />a criminal case, the officer can separate them and say to that person, did you know your buddy <br />just came clean and pointed the finger at you, so, he agrees that there is latitude in this type of <br />situation. <br /> <br />Councilmember Look stated that he understands that, but if the City is going in on an alcohol <br />compliance check, the minor cannot lie. <br /> <br />Police Chief Way stated that they can lie in this situation because this is a sting operation and <br />they think there is illegal activity going on. He stated that tobacco and alcohol compliance is a <br />completely separate issue and is done completely differently in how they operate. <br /> <br />Officer Katers stated that the other distinction is that they use non-police employees for the <br />tobacco and alcohol compliance checks. <br /> <br />Councilmember Look stated that he doesn't see much of a difference in alcohol, tobacco and <br />pawning in following the law. <br /> <br />Special City Council Meeting / November 18, 2008 <br />Page 12 of 19 <br />
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