crees injury while conducting a mandatory inspection of his style vehicle is considered an active duty to receive a line of duty pension officer dupree's has been an officer since one nine hundred seventy nine on february eleventh two thousand and seven while i'm judy conducting a mandatory inspection of the interior and exterior of his squad be a call he slipped on ice and injured his shoulder and sense that time he has not been released by any doctor treats charity as a full duty officer without restriction split pension board found that to present suffered a nine to disability and his injury was not due to an active duty they found number one that creates injury to his right shoulder on february eleventh two thousand and seven when  important for them to inspect both because offenders that the previous officers may have had arrestees could have left drugs blood to contraband other weapons that may be harmful to officer dupree's when taking the assigned squad at that time or to other civilians who come in contact with that car so in in the sense that is the difference between an ordinary person and their walks of life inspecting their own car as to a police officer inspecting their assigned vehicle it's based on what they would find that switch big city a special risk right  supreme court's holding in chance in the retirement board of the policeman's annuity and benefit fund that court holds that the importance is in what capacity the police officer is acting when the assigned duties are similar to those involved in many civilian occupations they noted that driving an automobile entering a building walking up stairs and even crossing the street are activities that are shared by a police officer and  citizen conducts an inspection of the exteriors of the vehicle where here officer dupree's testified in addition to deputy chief dan greenhouse testify that you are inspecting the interior vehicle to make sure that everything is safe to preserve under one special training that the walk he completes department requires to make sure that he is conducting and proper  exterior inspection and then inspection as noted is mandatory and police officers will be disciplined if they do not conduct an adequate interior next year  inspection which officer decrees did testify that he has been disciplined for not being in for not actually inspecting his squad car adequately the police soft apartment vehicle well one i mean we know that postal workers federal express drivers taxi drivers every those categories of employees are required to presumably to inspect their vehicles before they start a shift so how is the policeman's duty any different you have if they if they do in in they do inspect the interior could they are not presented with offenders or other elements that police officers are faced  with when they are putting on an offender in the back of their vehicle so they have different things that they might be looking for rather than a police officer is looking for specific things that might harm a person that's exactly our point is that ordinary people are not presented with finding guns blood's i've heard the term need any kind of drugs that may harm them or other where all the where the cases have stated that clerical work police officers don't assume a special risk but here there is a special risk because other civilians don't share in that risk of when they it if they do conduct an inspection of the interior of their vehicle they will not or will not be looking for probably will not find drugs and blood contraband or weapons  we just ask that this court consider whether the pension is considered which is based on that statute we understand that the court has not expanded this to the police pension they award an amount they look at whether he was under workman's compensation and then they adjust the compensation based on whether he was on that and then he gets the award after workman's compensation  fire there are many cases in that involve the special risk police officer or many that have been listed in two thousand and eight but on the most important one that came down in the second district is the officer was born a patrol riding a bike becomes injure there we have a jones the guy that is down in bloomington driving and gets renewed while he's investigated speeders then yes this is a anybody that drives an automobile to walk around as required by an employer to inspect it inside and out and to argue that taxi driver might not find something that is dangerous in the backseat of a cab or that an officer is much more likely to find either contraband bean drugs or some sort of weapon made in his backseat is any more likely to fix a cab driver from where his back seat is it is stretching well a police officer deals with those who have violated the law so isn't it more likely that he or she would find the items council referred to a weapon in the senate i mean it's true taxi drivers pick up the general public but you know that the ratio might be someone very different to the police station in the world and in this court for nothing related to his duties as an evidence technician increase the risk that he was going to get her nothing inherent in his duty of inspecting that increase the risk that he's going to slip on ice outside and injure a shoulder nothing in white increases the risk of an officer walking across the street the political parking ticket on the windshield who sli being gotten a ride from a couple other detectives no you're saying we should look at the act of the inspection the walking around the vehicle not looking in the vehicle to determine whether or not there's a special risk there are and determine whether or not officer or so so you're saying because it you don't think it's more likely that a police officer is going to find contraband or some objects that are inherently dangerous should determine whether it never there are special risks hey i don't think it's more likely you're going to find contraband than a taxi driver would be finding contraband and b i don't think the fact that he might found find contraband in korea delivering a camera to another full troll officer this you have to look at as we have argued in the beginning what it is you have to look at the cost of the capacity of the what the officer is acting  the other vehicles that are in illegally parked throughout the city also they were just officer white was informed that he should be making more parking violation tickets here decrees it's a mandatory inspection there has been no testimony that any other employee of the waukegan police department or the city waukegan conducts the same mandatory inspection of police vehicle before police officer goes i'm a troll so those are the differences that i would like to i wanted to make that ours distinguishable between the cases that have found  statute i believe that it is clear and what the case law has done is provided examples of what is a line of duty and what is an active duty and what is not an active duty  not shared by an ordinary citizen