By Travis Uresk
Vernal, Ut.- Uintah County Deputies were dispatched to the area of 362 East 1220 South on a report of a suspicious person carrying a bat. It was reported that the male suspect had approached the complainant with a bat hitting the ground, telling him to "Come on."
The complainant described the male as "Acting like a crazy person."
Officer Cox with the Naples City Police Department arrived on the scene first, stating the male began walking away, so he detained him. The male was uncooperative and refused to answer any questions after being read his Miranda Rights.
Deputy Ogle could smell the odor of alcohol coming from the male, and his eyes were glossy and red. Deputy Ogle asked him his name, and he said 40-year-old Daniel Joseph Chandler.
Two witnesses in the same vehicle had seen Daniel driving, and a third witness saw him driving, almost crashing into a jeep belonging to one of the witnesses. Deputy Ogle determined Daniel had been in physical control of a motor vehicle while intoxicated.
Daniel was asked to submit to a series of field sobriety tests, but he declined to do any of the tests and was advised he was under arrest. During the search of Daniel’s person, the deputy found a quarter in his pocket with gray duct tape attached to it.
As Daniel was escorted to the patrol vehicle, he became noncompliant and started to resist and refuse to get in the back of the patrol car. While Daniel was being assisted into the patrol car, he began kicking the officers.
Uintah County Jail staff was contacted and asked to bring their transport van for Daniel to be placed in because it has more room.
While waiting for the van, Daniel continued screaming as loud as he could that he couldn't breathe and to call the police for help.
Several officers picked Daniel up and placed him in the jail transport van while he continued to kick and be uncooperative. It took six officers to restrain Daniel to keep him from hurting himself and others. Once inside the van, he hit his head on the door after they were closed in an attempt to come after Sgt Hill.
Two witnesses in the same vehicle who saw Daniel driving his vehicle said he pulled up next to them and asked them if there was a problem. They told him there wasn't a problem and they were waiting for a parking spot to open since they lived in the area.
They watched him park his vehicle, get out, grab a bat from his car, and walk toward them while hitting the bat on the ground. They said Daniel told them to come on as if he wanted them to get out so he could fight with them. They described him as crazy.
Another witness stated he heard honking, screaming, and tires squealing, so he looked outside to see two cars arguing back and forth. They said the vehicle Daniel was driving drove forward to flip around, almost hitting his jeep. He saw Daniel park his car, get out, and yell at the other witnesses while running down the road with what looked like a wooden bat. The witness said Daniel was the only person they witnessed in the vehicle and exited from the driver seat.
Once at the jail, it took several jail staff and deputies to get him out of the van and into a holding cell where he could be taken out of handcuffs. Once out of the handcuffs, Daniel screamed profanities, hitting and kicking the door as hard as he could. He stated to staff and Deputy Ogle that they would never get a warrant approved for his blood. He also said, "Come and get it," which they believed meant he wanted to fight.
While in pre-booking, Sergeant Hill removed the duct tape from the quarter in Daniel's pocket and found a small baggie containing a white powder substance attached to the tape. This powder appeared to be Meth. Sergeant Hill conducted a test of the substance, which tested positive for Methamphetamine.
At the jail, Deputy Ogle read Daniel the DUI admonitions and DLD hearing information. He requested that Daniel submit to a Blood test, but Daniel wouldn't acknowledge the deputy's request.
Daniel proceeded to yell and talk over Deputy Ogle as he read to him. The deputy informed Daniel of his right to refusal and the refusal warning, and while doing so, he said, "Fuck you, you little ass bitch, you ain't shit."
A warrant was necessary to have the blood removed from Daniel so the police could determine his blood alcohol content and to prevent the loss of evidence or dissipation of the alcohol or any other controlled substance from the blood.
At around 11:45 pm, the warrant for the blood draw was approved and served to Daniel. When asked if he would comply with the warrant, he said, "Fuck you," then asked for help.
Sergeant Hill told Daniel that refusing to submit to a blood test after a warrant has been approved is considered a refusal. He didn't respond, so in an attempt to have him comply, the officers entered the holding cell and attempted to place Daniel's hands behind his back to be cuffed. When they entered his cell, Daniel was lying on his stomach. Daniel resisted placing both arms under his chest.
Due to Daniel not wanting to cooperate and telling Deputy Ogle Fuck you when asked to submit to a blood test, the officers exited his cell and documented a refusal at 12:07.
Daniel Joseph Chandler was booked into Uintah County jail.
Probable Cause Meaning
What gives law enforcement the right to arrest someone? "Probable cause" is the legal basis that allows police to arrest someone, conduct a search, or seize property. This requirement comes from the Fourth Amendment to the U.S. Constitution, which states the following:
Q: What is the probable cause (PC) affidavit?
A: The PC affidavit is a summary of the evidence and circumstances of the arrest. It is written by the arresting officer and given to a judge to review.
What is an affidavit and how is it used?
An affidavit is the written version of swearing under oath to tell the truth, just as if you were testifying in a courtroom.
The Fourth Amendment requires that any arrest be based on probable cause, even when the arrest is made pursuant to an arrest warrant. Whether or not there is probable cause typically depends on the totality of the circumstances, meaning everything that the arresting officers know or reasonably believe at the time the arrest is made.