Wednesday, April 11, 2012

Building Cooperative Relationships With Law Enforcement

As mentioned in the welcome post here at Humanity Beat, one of the purposes is to document those moments in life that connect us all.  Among the many things we as a society have in common is the fact that we will all sooner or later have some sort of contact with law enforcement officers. Whether law enforcement contact is something that happens in passing as a person goes about their daily life or happens as a result of a street / traffic stop, or under any other circumstance, there is a right way and a wrong way to respond to law enforcement contact.

I want to talk about a specific kind of law enforcement contact in this piece. Before we go any further, let me detail the different types of police out here so as to give readers a good overview of the different levels of law enforcement.

1. City / Village / Township level law enforcement

2. County law enforcement

3. State law enforcement

4. Federal law enforcement

Each level of law enforcement has their specific duties and obligations under state and federal law, and what are also called "ordinances".  An ordinance is just underneath the state law level of legislation, and violation of an ordinance is usually nothing more severe than a petty offense punishable by a fine and maybe 30 days to one year in the local jail.

Most people these days who have contact with law enforcement want to grab their camera, or their cell phone right away and start recording or snapping pictures, they want to start asking the law enforcement officer for their ID and business card, and they want to assert their rights from a defensive, if even passive -  resistive angle. Sometimes you can do these things, but....what would you do if the contact with law enforcement was of an emergency nature and they showed up at your house / apartment and knocked on your door with a whole team of people who are heavily armed and they have a WARRANT for someone, but that someone doesn't even live with you and you have no clue who their person of interest is?

We are talking about a door knock, NOT a full blown raid and this is not just two agents who want to have a Q&A with you, this is an emergency involving an active situation with a warrant in hand.

What IF they have reason to believe that the person may possibly be on, in, or about your building? For the sake of this story, let's pretend this is a multi-unit dwelling and they didn't know where a certain access point of the building was and they ask YOU to help them?

In a circumstance like this where you have multiple, heavily armed, federal agents at your door with a warrant for a person you don't even know; here is how to deal with it:

BE CALM: listen to the agents and the things they are telling you. Listen carefully to their questions. REMAIN CALM! In a situation like this where you are NOT the suspect or interest of their business, you are in a position to help give back to your community and your country. They selected YOU to help them for a reason! They selected YOUR door to knock on for substantially good reason.

YOU MUST identify yourself if directed to do so. This is as much for YOUR OWN SAFETY as it is for that of the agents or officers. Cooperating with any law enforcement branch of government always entails some sort of risk to your safety and this will help them to get a criminal complaint made on your behalf, services from the court, or get you enrolled in protection programs if the situation comes to that. This also helps with other details or duties you may have to cooperate with in an emergency such as this. 

FOLLOW DIRECTIONS: Do it EXACTLY as they tell you to. You will have ample time and opportunity to ask questions later.

The only notifications of this sort of emergency you should ever make are to people with a legal need to know. This means the local city attorney, county attorney, state's attorney, or U.S. Attorney; this means the law enforcement supervisory chain, those in charge of the care / education of any children you may have, and those involved with your own health and welfare if you, your children, or other people in your house have medical problems. 

I'll talk more about these issues later in this piece.

Making any other talk or notifications to others without any need to know can and will put you and others in danger. This will likely also result in the legal process being ruined. 

Only answer questions that are asked and DO NOT volunteer any other statement on your part unless it is pertinent to the immediate safety and well being of the agents and others involved or affected by the active law enforcement emergency.

DO NOT make any sudden or uncalled for physical movements. The reason for this is obvious.

Treat the law enforcement folks with human dignity and respect. They are not their to hassle you in this specific instance. Thy are there to take a dangerous person off the streets who could end up harming you or someone else. The more good cooperation you give them, the more cooperative they will be in helping to protect you during and after the fact. Remember, the citizen role in helping to protect the community and the nation comes into play here. You want to build bridges, not burn them.

After the law enforcement agents have completed their duties, you may ask questions and take the time to get names and business cards. In the instance you are too shaken to do this, don't worry...you can use the internet and your local law enforcement agency to help you get in contact with the agency conducting their business at your residence.

When a law enforcement emergency like this occurs, the agents or officers involved will not have any time or privilege to give you all the details of who it is they are seeking, what the charges are, etc. They need to move quickly in this scenario. You DO have a right to know, but save that for after they have completed their duties. The faster you help them move things along, the faster you and/or your family will be out of harm's way.

A heavily armed, multiple agent / multiple officer response only happens when the person they are seeking is deemed at the time to be dangerous.  

The Protective Process:

IF after the agents or officers leave, you get "made" by the party they were there to talk to or serve the warrant on OR IF you are threatened by that party involved, even if the threat is vague and not really direct: LET YOUR LOCAL LAW ENFORCEMENT KNOW IMMEDIATELY! Do not guess what the offending or intimidating party means with their words. Let law enforcement figure that out. Make sure you also contact the agency that showed up to do business in the first place. If it is a federal agency, the U.S. Attorney is VERY helpful! Go to their office or call them! They will help you get into contact with the Special Agent In Charge of the federal law enforcement agency working the case. If you already know what federal agency it was, call them and ask to speak to the Special Agent In Charge.

The next step is for the agency to work with you in reaching a resolve to the matter of your safety. They may come out to talk to and investigate the offending party, they may do a threat and safety assessment to determine the actual risk to your safety as a result of whatever cooperation you gave them, and in the WORST cases, they can offer you and your family relocation or even a new life under the Witness Security Program.

If the agency that did business at your residence is a local, county, or state agency; you need to contact them. They have their own programs designed to offer protection to witnesses or to those who gave cooperation in their discharge of official duties. Again, this service is based on actual need and based on the actual level of safety threat involved.

One of the first things they like to do is see how they can provide for your safety without needing to resort to extreme measures if those measures are not called for. In the protection process, the most minimal thing thing they can do is help you get a court order against contact with the person(s) who are making unwanted and intimidating or threatening contact with you. If the offending party violates that order, they will be arrested and the court will decide how to deal with it upon hearing the evidence.

They can and usually will give you sound personal safety advice if going through a legal endeavor would be harmful to you or to your living situation / relationships in the community. 

Need To Know Basis:

ANYONE you talk to in this privileged need to know circle other than involved officials should be told that the matter is sensitive and confidential. They need to be told by you that they may NOT talk to others about any information you give them without prior official authorization from the legal agencies involved.

Persons in the need to know circle are enumerated above in the most specific sense. The fact is that if you talk to anyone who does not have a need to know, you will not only put yourself in more danger and ruin the legal process, you will also face legal consequences. Depending on the level of incident you were part of, the legal consequences can be severe. You can then lose all rights to claim protection or other law enforcement services related to your involvement.Your credibility will take a major downfall, and you don't want that.

As this piece comes to a close, let it be known that nothing here should be construed as legal advice. The author is not an attorney, and no implied or express guarantees are made from any legal standpoint by anyone anywhere. Check your local and state laws.

Following these rules for all contact with law enforcement will keep you and others safe, and will help you build valuable relationships in your community. Use your best judgement, treat everyone with courtesy, respect, dignity, and kindness. I guarantee you will receive the same treatment in return. When you are called upon to help assist law enforcement, you as a citizen are presented with a valuable opportunity to do something good for your community. Use this opportunity wisely.