Man's attorney challenges SWAT team search

Utah County SWAT team set up a perimeter around the house, and Lt. Walter Perschon, SWAT commander, tried to calm Matthew Graham numerous times on the phone.

"I thought with my military background ... I might be able to relate to Mr. Graham," said Perschon, who served in the U.S. Army.

Matthew Graham made threats against officers during those phone conversations, Perschon said. He talked about finishing second in a sniper competition and said things like, "I can take someone out in a heartbeat at 700 yards."

"I wish I had a recorder going," Perschon said. "I told him, 'Matt, you don't want to be making these statements ... those things will get you in trouble. Let's not go there."'

Matthew Graham told police he'd give himself up if he got a letter signed from a judge stating he wouldn't be charged, said Utah County Sheriff's Sgt. Shaun Bufton, a SWAT tactical commander. They delivered one to him via robot. Graham put away his guns, put on his shoes and exited the home at about 3 p.m. Bufton said SWAT members informed Matthew Graham the letter was fake and he was under arrest.

Bufton said SWAT members swept through the home to make sure it was clear of booby traps, explosives or other people. He said the procedure is meant to secure the perimeter, not to search and seize evidence.

"We have people that maybe don't have the training that we have and they don't know what to look for," he said. "We'd be derelict in our duties if we didn't clear the area."

Officers didn't obtain a search warrant, said Lt. Mike Bower, but they obtained written and verbal permission from Mindy Graham to remove firearms from the property. They found several guns, including a .223 AR-15, shotguns, rifles and handguns.

But Estrada said Matthew Graham had a right to refuse a search of his home.

"It's one of our constitutional rights," she said.

Judge Samuel McVey asked the attorneys to submit motions and scheduled a Nov. 3 hearing on oral arguments for suppression.

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