Jenks’s Kanavel case did not occur at the now closed North Shore Bar, where Kanavel was   investigated by the Phoenix Police Department in connection with DUI arrests made at or near that location, according to Jenks.

Kanavel admitted he arrested Mike Sneed on September 5, 1997 for DUI. He also admitted he was required by the Phoenix Police Department to complete an "alcohol influence report" (AIR) on Sneed.

Kanavel admitted he did not prepare an AIR after arresting Sneed. He said, "I began to fill one out. When I realized that there were no prosecutable charges, I did not complete the report." Kanavel had also arrested Sneed’s wife for DUI about a week earlier.

Notwithstanding a police department requirement that he keep the report of any arrest, Kanavel admitted he threw the report away. Kanavel admitted 

Kanavel also admitted he was required to keep a worksheet of his activities while on duty.  He admitted he failed to properly account for the time Sneed was in his custody. He said he kept Sneed under arrest for two hours.

Although Kanavel recorded the time spent with Sneed, he recorded the time as a "quality service opportunity" (QSO). Under questioning by Jenks, he admitted QSO time was " . . . when you’re supposed to be doing something nice for the community."

Kanavel testified he recorded the two hours spent with Sneed under arrest as QSO time because ". . . it was for driving from the station back to his vehicle," which he said took
". . . a few minutes."  Kanavel admitted he did not record the reasons for the QSO time spent with Sneed.  Kanavel admitted his reason for recording the QSO, was because he drove Sneed ". . . back to his vehicle."

Kanavel admitted he let Sneed go two hours later after discovering Sneed had no alcohol in his system (.000 BAC).

Kanavel also admitted he failed to document and record he hauled Sneed from one police station to another police station during the two hours Sneed was under arrest.

In addition, Kanavel admitted he violated a Phoenix Police Department requirement that he log in anyone detained at

Kanavel admitted the only record he created for Sneed’s two hour arrest was the "quality service opportunity."

Kanavel admitted the Phoenix Police Department’s investigation established that 35 per cent of his 600-700 DUI arrests resulted from people leaving bars.    Eye-witness testimony and those 35 per cent notwithstanding, Kanavel claimed he never stopped people leaving bars to check them for DUI without a legitimate reason to stop their vehicles.

The Phoenix City Prosecutor, Fred Bibeau, objected to Jenks calling Sneed as a witness, labeling him a "disgruntled witness, perhaps setting up the officer because of the incident that happened with his wife." The state argued, pursuant to Rule 403, Arizona Rules of Criminal Procedure, that any relevance was outweighed by the prejudicial effect of Sneed’s testimony.

Jenks argued the issue was whether Kanavel stopped his client as part of a pattern of stopping people coming out of bars without justification merely to conduct DUI investigations.

Judge Strohson agreed with the defense and heard testimony from Sneed and William Bruce Norton, a friend of Sneed.

Sneed drives a truck for a living and is an employee of the Phoenix Fire Department.

Continued on Page Three