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Misdemeanors Mean Something By: Captain Sean Sanborn If I had a dollar for every time someone asked me on a traffic stop, “Don’t you have anything better to do?” I would be retired and living on a tropical island. Folks, in general, seem to look down on traffic safety conducted by law enforcement personnel as if it means less than everything else. While we may debate the merits of traffic laws, it is much easier to point to the evidence. A large portion of my career has been devoted to traffic safety. I decided early on that the misdemeanor crime of Driving Under the Influence of Intoxicants (DUII) was a worthy topic to educate myself on. In delving into this area of law enforcement, my investigative skills increased in every other manner. After all, an investigation of one type leads to investigative experience of all kinds. I proudly served as a Drug Recognition Evaluator (DRE) during my career. A DRE is a specially trained officer who may determine impairment by substances other than alcohol. It is a challenging course that requires extensive training. I am also an instructor on DUII testing (Standardized Field Sobriety Testing), and the instrument Oregon uses to conduct a breath test to determine a blood alcohol level (BAC) called the Intoxilyzer 8000. Many, even among my fellow officers and deputies, ask why I would put so much effort into investigating what, in Oregon, is a relatively low-level crime like DUII. So much case law and learning surrounds this niche field that some do not consider it worth it. I disagree; it is totally worth it. It is my opinion that whenever I arrest and take an impaired driver off of the roadway, I am potentially stopping a homicide in progress. In an article published by MADD (Mothers Against Drunk Driving) published on April 4, 2024, it was estimated that 13000 people died on the roadways in the United States as a result of impaired driving in 2022. (https://madd.org/press-release/more-than-13000-people-died-in-alcohol-related-crashes-for-second-straight-year/) This is just the price paid in terms of human casualties and does not reflect the costs associated with property damage as a result of crashes. In Oregon, in 2022, there were 673 alcohol related crashes. Coos County accounts for 9 of them. In crashes where drugs were involved, Oregon experienced 389 crashes and Coos County itself experienced 7. There were 16 crashes which are documented by the state in 2022 in Coos County which are directly attributed to drug or alcohol impairment. And that is what we know about, I am certain there are more we don’t know about. In 2023 preliminary data shows that there were 14 crashes, six fatal, six injury and two with property damage only that occurred in Coos County (https://public.tableau.com/shared/BKS458GQW?:display_count=n&:origin=viz_share_link). It should be noted the attached link is searchable and fields will need to be changed for the numbers I cited. I would encourage anyone who reads this, to consider the impact that these senseless deaths have on families, friends and the community. In Coos County the drug epidemic rages around us. We constantly see memes and other comments on social media which comment on the drug problem we have in this community. In a time of diminished resources, we are seeing a rise in crimes of all types. This one crime, this misdemeanor of DUII can be stopped by a simple choice. People can choose not to drink and drive. People can choose not to operate a vehicle while using cannabis or other drugs, people can choose to care about someone other than themselves and their personal convenience. Misdemeanors mean something, DUII is not just a low-level crime but one which has serious impacts upon the community. The legal ramifications are much lower than the cost of a life, but they will hurt the pocket book and your reputation. Here at the Coos County Sheriff’s Office, we release every arrest we make for any crime in which we arrest someone. We will not remove those posts. If we catch a person for impaired driving it will absolutely be memorialized on our Facebook page and provided to every newspaper in the county and some across the state. All of the data I am providing you is searchable, attached are some links regarding crash related statistics in the State of Oregon. It is evident that there is a problem and it is not getting better: https://geo.maps.arcgis.com/apps/webappviewer/index.html?id=df0b3cdb2f1149d3bd43436bc1dd4eac https://www.oregon.gov/odot/data/pages/crash-data-viewer.aspx https://geo.maps.arcgis.com/apps/webappviewer/index.html?id=0f2128152a764143bac02c1a869a5a51 https://ordot.sharepoint.com/sites/GIS/SitePages/WebApplications.aspx In closing, I ask folks to make good choices. I do not begrudge anyone a beer after work, or on the weekends. What I do begrudge is the choice to get behind the wheel and impose your choice to consume alcohol or drugs upon everyone else on the roadway. Misdemeanor’s mean something, but lives mean more
Misdemeanors Mean Something By Captain Sean Sanborn If I had a dollar for every time so... More

04/24/2025

In The Matter of Civil Versus Criminal 🚨Updated: April 2025🚨 By: Captain Sean Sanborn Here at the Coos County Sheriff’s Office, we deal with a number of different incidents throughout a typical day. We recognize the frustrations of our citizens and do whatever we can to help. However, a major point of anger directed at Deputies is when we have to tell a person that a matter is civil. The law is very clear on the matters a peace officer can handle. Our authority is limited by law to criminal matters alone, and only through an investigative process may we act against someone who has committed a crime. The other side of the law would be civil. Civil law becomes involved when we begin to talk about contracts, agreements, and property lines. While it is true that the Coos County Sheriff’s Office has a “civil” division, the responsibilities of this division are limited to serving subpoenas, writs, and other court orders that have been handed down to the Sheriff’s Office from the courts. Often, our civil division will carry out those processes when the Sheriff’s Office is ordered by a judge to do so. This is often seen and evident in evictions. Marital matters are always difficult. I am certain many can relate to a bad or ugly divorce proceeding where two folks who live together separate. In these incidents, we often find disputes over property. What many folks do not realize is that Oregon is a community property state. What that means is that upon marriage, property is owned by the couple and not the individual until such a time as assets are separated by the courts. This includes homes, cars, dogs, and other property. The same could be said regarding the custody of children. Criminal law, when it comes to custodial interference (ORS 163.245 and ORS 163.257), specifically outlines when a custodial situation becomes a crime. Often, there are custodial agreements that are put in place by the courts. However, there is no criminal process for enforcing those custodial agreements. More often than not, a Deputy will tell a parent that they need to go back to the courts in order to adjust that agreement or to report a violation of that agreement. We often see folks attempt to report vehicles as being stolen when a person they have an agreement with has chosen not to pay that bill. When a vehicle is sold, whether it is in writing or not, an agreement or verbal contract is entered upon by the two parties. We cannot take a stolen vehicle report in these instances. Property line disputes are particularly difficult. In any situation where a property line is in dispute, a deputy will tell the parties to have the property surveyed, and then, should the matter remain in dispute, to go to the courts or consult an attorney. There are certainly times when we wish we could make that call in the field and settle the matter. However, we are not surveyors and are just not equipped to do that. There is certainly the crime of Criminal Trespass, which may be enforced when there is a clear property line; however, if the matter is disputed, it becomes difficult to enforce that law when both parties say they are on their property and standing in the same place. We frequently deal in matters involving landlord/ tenant law. If anyone is allowed to live in a person’s home for an extended period of time (72 hours or more), according to the state of Oregon, that individual obtains a proprietary interest in that living arrangement. In these cases, an eviction process must be gone through. The process is lengthy, and action cannot be taken by the Sheriff’s Office until an order is signed by a judge forcing the tenant to leave. More information about landlord/ tenant law can be found here: https://www.oregon.gov/ohcs/housing-assistance/Pages/Landlord-tenant-resources.aspx Lastly, it is important to note that an agreement or contract can be verbal, or in writing. If any agreement is in place and there is a breach of the agreement by one party or the other, we cannot take criminal action against that person regarding the agreed upon matter. On April 23, 2025, in the 2025 Legislative Assembly of Oregon, the Oregon House of Representatives passed House Bill 3522, which is designed to streamline “squatter evictions” through the courts. The Coos County Sheriff’s Office has already started fielding questions regarding this law. It should be noted that it has passed through the House only and has not been ratified by the Senate or signed by the Governor. Therefore, it is not yet the law. We should know by the end of this Legislative Session whether this law will become a reality or not and when it will take effect. You can read about this law and track its progress through the legislature at the following website: https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3522 In closing, we at the Sheriff’s Office recognize your frustration, and often, things seem like they should be criminal, or they feel criminal to an individual when they are not. However, we ask for understanding and grace for the Deputy who really wishes they could take action, but, by law, are not allowed to do so. We recommend that, should you run into these issues, you speak to an attorney and seek advice on how to proceed in a lawful and peaceful manner.
In The Matter of Civil Versus Criminal Updated April 2025 By Captain Sean Sanborn Here ... More

04/20/2025

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