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Got in trouble for chasing a guy for a tpo

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  • coolhead64
    replied
    Originally posted by LawyerCop View Post
    Just a word of caution. IF the order was issued in a civil matter (e.g. Divorce type matter, or civil domestic violence issue), you MAY not have police powers when serving the order. There have been a few 42 U.S.C. 1983 actions where the court found against the peace officer when force was used, and refused to dismiss the action. Tread lightly.
    That is an interesting take on things, I will have to look into that because that is possible and I didnt think about that. However, from mandate and other things, I have learned that the Sheriff and his Deputies in GA have alot of power, lol.

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  • LawyerCop
    replied
    Just a word of caution. IF the order was issued in a civil matter (e.g. Divorce type matter, or civil domestic violence issue), you MAY not have police powers when serving the order. There have been a few 42 U.S.C. 1983 actions where the court found against the peace officer when force was used, and refused to dismiss the action. Tread lightly.

    Leave a comment:


  • wirefire2
    replied
    Originally posted by iamacop View Post
    Y'all have to serve protective orders?? That has to suck, that's what the courts are for.... You should have tased his ***.
    And the courts employ the Sheriff to do that.

    Leave a comment:


  • PPDSWD
    replied
    In PA we don't have to serve the defendant directly, we can serve any responsible adult. For example I go to the defendants work and he isn't there, I find his boss and serve him and tell him to give the paper work to the defendant and inform him.

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  • Nightshift va
    replied
    Originally posted by coolhead64 View Post
    Yea we serve TPO's, we serve all the courts paperwork, its the sheriff thing to do. This was a family violence TPO, so until he got served they couldn't do to much for him unless of course he actually broke in, we don't answer calls for service, period, we only serve warrants and civil papers, etc. However, i feel as though once i told him who i was and what i wanted he was temporarily detained for the duration of me serving him, and that he committed obstruction by running, and he also committed loitering and prowling, and criminal trespass for being on the train tracks.
    Like I said, read your code book on "Obstruction" first. I think you did the right thing.
    Just some codes like ours with say "Resist" a seperate charge, you have to either communicate to them you intend on arresting them and that can be hands on or with saying it, and a reasonable person would not feel like they were free to leave. So you have to make an effort and you definately did this by telling him what you had to do and yelling at him to stop.
    Obstruction where I work as for the code is more like: a interference with you conducting your standard duties, wheter it's an investigation or just doing your job in uniform. And there has to be some sort of force, thereat or intimidation. ex: I show up to a domestic and tell the guy I need to speak to his wife,,he tells me get off my property, you ignore him and try and walk to where his wife is located and he grabs your arm or makes threats to you or tries to intimidate you."Obstruction". You don't have PC for an arrest yet, and he's keepin you from getting it with force threat or intimidation or all three. Its not the same with him not answering your questions or telling you his name is Mr Greenjeans when you ask him his name.
    Resist: You are in close enough proxiemety that a reasoable officer could put hands on or effect an arrest#1. "Sir you are under arrest put your hands behind your back" they pull away or run or fight or all three or just one. "Resist Arrest".
    Obstruction: ECO,TDO,EPO,TPO all court papers, all civil. you are ordered to serve them, we have to do it also where I work. This falls into the line of "Performance of your duty". Dude runs? guess what? thats Obstruction. Especially when you tell him before he runs what you have to do.
    Check your code book in your area.\Mine is different than yours.

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  • 11b101abn
    replied
    I'm familiar w/ your dept, dude. Your Boss is a joke, not a cop by ANY stretch of the imagination.

    Chasing to serve a TPO? I would not jam you, but dont do it again. Criminal warrant, have at it, w/ an assist unit.

    If you cant grab his *** in the first 100 meters, then stop, your assist units are still not close enough to help.

    You knew who the dude was, so live to fight another day, Not everyone that runs is worth the chase.


    All, in all, dont sweat it.

    Leave a comment:


  • Nightshift va
    replied
    Originally posted by coolhead64 View Post
    Allright, so we tried to serve a tpo on a guy yesterday afternoon, the guy wasn't home, well later on yesterday, the other party called the city police and said the guy was trying to break in her house. I arrived shortly after the city and was told that the guy had ducked off into the woods do I left, when I drove around the block I came across the guy walking down some railroad tracks directly behind the house. At that time I got out of the car and began to walk behind him. I told him that I was a deputy and had to serve him some papers twice, he looked back but continued walking. I began to run to try and catch up with him at which time he also began to run. I told dispatch I was 10-80, but he ducked into the woods and into the projects where he got inside a house before I could make it thru the woods. I got told that chasing him was totally wrong. Why I don't know
    I do not know the laws where you work but you might want to pull up your code on "Obstruction of Justice" and or "Resisting Arrest".
    You also need to know before you go searching for a guy if other than serving a Protective Order you have additional charges for "stalking" or "Destruction of Property". You said prior to your arrival he was trying to break in the house? Some of those might apply.
    Irregardless of all that most states have laws that make it against the law for people to ignore or run away from you just so long as you communicate to them they are not free to leave and it's not just for some routine investigation but you doing your job such as "serving a TDO" or a Summons is not the same thing at all. There are plenty of "i don't have to make the job easier for the Police" case laws that have been ruled in favor or the dirtbag over the Police in which some moron judge tried to use the 5th ammendment as their reason for their decision but not cooperating in an investigation and keeping you from actually doing your job like making an arrest, serving a court paper or issuing a traffic summons has nothing to do with cooperation during an investigation it has to do with obstructing you from doing your job. No reasonable judge is going to rule in favor of a dirtbag who avoids the Police to serve a paper he actually issued in the first place. Your salty comrade is wrong. You should have found out though before you left to find him if other than the TDO were there going to be additional charges on the guy then all the monday morning junior lawyers in the world wouldn't question your foot pursuit.

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  • Fugitive Hunter
    replied
    If he was unlawfully breaking into the home, then I would chase, just to serve a order of protection,,its a civil issue and most and not worth risking the general public over.

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  • LA DEP
    replied
    With our pursuit policy, you probably would have been 'talked too' out here for what you are describing.

    Esp. considering that this is a KNOWN subject, who can be caught later (or, in your case, served papers at a later time)

    Even if your policy allows you to chase, remember the 'risk vs reward' line of thinking.

    Leave a comment:


  • MT Guy
    replied
    regardless, obstructing, if someone runs, i chase, there's probably a reason

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  • coolhead64
    replied
    Originally posted by westside popo View Post
    I guess you work in one of those counties with a county police department?

    What made the incident a FV case?
    Was he previuosly arrested for battery FV etc and out on bond?

    Is it your SOP not to chase?
    I am unaware of the past charges, it was Family Violence because the judge issued it as such.
    Yea we have a county PD, but this was in the city
    No, we chase.

    Leave a comment:


  • westside popo
    replied
    I guess you work in one of those counties with a county police department?

    What made the incident a FV case?
    Was he previuosly arrested for battery FV etc and out on bond?

    Is it your SOP not to chase?

    Leave a comment:


  • coolhead64
    replied
    Originally posted by Taylor1430 View Post
    If he hasn't been served the papers, he very well could be breaking into his own home....not even a burglary charge. If he has been served and the order restricts him from going to the residence, then you have a charge.
    naw he lives somewhere else, but I looked at it as, hes going to continue tormenting this girl, let me get him served so they can arrest him for aggravated stalking if he does it again.

    Leave a comment:


  • coolhead64
    replied
    Originally posted by Xerious View Post
    Whats TPO and whats 10-80?

    Why are you chasing him to just serve him paperwork?

    Unless I'm missing something
    a TPO is a temporary protective order, this one was a Family Violence TPO, a 10-80 is a chase.

    Leave a comment:


  • Taylor1430
    replied
    If he hasn't been served the papers, he very well could be breaking into his own home....not even a burglary charge. If he has been served and the order restricts him from going to the residence, then you have a charge.

    Leave a comment:

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