
As an American police officer, you're going to have a power of arrest
which is far more expansive than you probably realize at this point in your
pre-career planning. There's a lot of people who believe police officers
have too much power, and you'll meet many of them when you begin your
police career.
While some people just simply dislike police officers for a variety of
reasons, others will display their irrational hatred of your power by
verbally spewing some really loud and insulting speech your way. The very
first thing that you should know, and never forget, is that your peace and
tranquillity cannot be disturbed, and the words insult and assault have two
entirely different meanings. In other words, as long as Mr. or Ms.
Loudmouth doesn't put his or her hands on you, or attempt to physically
assault you in some manner, they can call you any vile name you can
imagine -- it's called freedom of speech.
However...yes, there's always a however. Anywhere you work as a police
officer, there will be a law against disorderly and disruptive public
behavior. When a person disturbs the peace and tranquilly of others,
excluding you, that person is exposing him or herself to your power of
arrest. You'll meet quite a few of these types, and you'll arrest many of
them. While this is a very simple application of your power of arrest, it
can be one of the most problematic.
When a person is disturbing the peace of others, the only verbal statement
required from you is your order to the person to cease his or her
disorderly behavior. If the person does not obey that lawful order, that
person is subject to arrest. Nine out of ten times when you're subjected to
verbal abuse, there's going to be an audience. The presence of spectators
is usually the main reason for a person to act out on you; there wouldn't
be any point in it otherwise.
You should always remember two things: First -- If the person is not an
obvious physical threat to you or others, don't act too hastily. Second --
never, never let anyone trick you into a verbal argument. There is
nothing more demeaning to you, and the power you represent, than for
you to argue with a loudmouth.
You must remember that such behavior is a minor crime. Too often,
minor things can escalate into something more serious. You need to
realize that people are watching and evaluating your response. More
importantly, the people watching could be potentially hostile toward you
either as a physical danger, or they could voice criticism of your actions in
the form of complaints to your department.
Remember, any person who is intent on performing will rarely follow your
first command to cease the disruptive behavior. You carry plenty of rope
with you, so use it. Here's the irony. Your politely repeated orders to the
suspect, without emotion, may well embolden the suspect to increase his or
her verbal abuse. What the spectators will realize, well before the suspect,
is the increasing certainty of the suspect's arrest. The only uncertainty
among those watching will be on the number of chances you will give the
suspect to comply.
It all comes down to exercising your power of arrest reasonably and with
emotional detachment. People of all types and views are potential critics
of how you use your power of arrest. People like to see police officers
dispense fair treatment even when the police officer is enduring insulting
language. Sometimes, they even show their appreciation.
You're going to make arrests for things a lot more serious than disorderly
conduct, and to say that some of those arrests will be difficult would be an
understatement. However, the one thing that all arrests have in common
is the deprivation of one's freedom. That result, in and of itself, is of no
small consequence.
There will be instances when arrest is not an obvious resolution or when
arrest would not be your proper course of action. Your rapid acquisition of
knowledge regarding your state's criminal code, and the elements of
probable cause, will be of the immediate and utmost importance. As you
gain experience, and avoid developing bad habits, you'll exercise your
power of arrest with confidence and expertise.
I once received a call for a disorderly man at 3:00 am on a very
cold winter morning. I arrived to see the man pounding on the
front door of a row home. When I approached the man, a
woman inside the house opened her second floor front window
and stuck her head out.
The woman explained to me that the man was her brother who
did not reside in her home. I immediately realized the man was
intoxicated, but he did know where he was and what he was
doing. He was upset that his sister would not admit him to her
home. The woman pleaded with her brother to go to his own
home, and I even offered him transportation to his home.
When it became clear that the man had no intention of leaving, I
ordered him to leave. Of course, my command had no effect. As
the conversation between the sister and brother continued along
with my commands to leave, I finally told the sister that the only
way I could resolve the situation was to arrest her brother. The
woman simply closed her eyes and nodded. While the brother,
now suspect, did not forcefully resist my arrest, his resistance
did require some pushing, pulling, and arm twisting.
At the time, simple disorderly arrests were heard by a district
court judge the following morning. While the defendant had the
counsel of a public defender, the police officer would simply
testify for the state without the presence of a state's attorney.
The defendant's sister was in the court room that morning which
was not something that would be unusual. However, when the
case was called, the sister walked to the front of the courtroom
and stood beside me.
The judge ask the sister why she had come forward. The woman
answered that she was the defendant's sister. The judge then
told the woman that she should be seated until called to testify
by the defendant's lawyer. The judge's mouth dropped open
when the woman answered, "I'm not here for that, your honor.
I'm here to explain why this officer had no other choice than to
arrest my brother."
After a brief pause, the judge told the woman to continue. She
went on to explain how polite and patient I'd been toward her
brother. She described her brother's conduct and how I had
repeatedly urged her brother to leave -- and even how sparingly
I used physical force to get my handcuffs on her brother.
After she'd finished her statements, the judge extended his arm,
and, with his index finger, pointed straight at the defendant.
Turning his head toward the woman, he ask, "You're his
sister...right?" The courtroom erupted in laughter. The
question was meant to convey humor since the racial difference
between the siblings and I was obvious.
Copyright © 2006 - 2010 - Barry M. Baker - CareerPoliceOfficer.com
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