how to figure out what type of call for service you're on

4
14 POLICE JULY 2016 T o a senior officer, calls become second nature. ey have handled hundreds of disturbances and multiple types of in-progress calls, and that new officer's adrenaline rush of running lights and sirens is long gone. But to a person fresh off field training, it's a different world all together. It becomes apparent very quickly that when you are thrown into the deep end of the pool, there is a huge divide between book knowledge and the real world. And this is never more true than when trying to determine what type of call you're dealing with, and therefore how to handle it. THE HARDEST PART OF ANY CALL To be sure, the hardest part of any call is figuring out what you have. Once you do, it's a matter of following protocol, policy, and filling out the right paperwork. And therein lies the rub; getting to that point. It's akin to solving puzzles or answering riddles. Senior officers make it seem easy but don't let that fool you; it wasn't always that way. ere have been more times than I care to remember when I rolled up to a scene that was utter pandemonium and it took time to get a handle on things. ere were other times when the tale being spun by the complainant was so con- voluted I had no idea what was going on. I am not ashamed to admit that there were plenty of times I had to call for help in order to figure it out. Essentially, this is what you need to figure out when handling a call: what it is, what you're sup- posed to do about it, and what paperwork is involved. IT'S A LOGICAL PROGRESSION One of the things I do for recruits learning report writing at the police academy is pass out a flow chart covering the different categories of calls. It makes it easier for them to de- cide what they have when I throw report writing scenarios at them. Making a flow chart is something to consider when you are first starting out as it gives you a quick reference point. e first decision in the flow chart is deciding whether the call in question is civil or criminal in nature. If it's civil in nature, there are many instances in which the only requirement needed is to refer the complainant to another section of your agency, have him or her contact an attorney, or direct the person to file certain paperwork at the court house. What you refer them to do is going to be deter- mined by your agency's policy and procedures, and state law. Policy will also determine what part of the call you do handle. Usually the road officer handles very little as other agencies or specialty units do most of the civil work. If it's criminal, you have two choices; is it a misdemeanor crime or a felony crime? You have to identify what role of- ficer discretion plays, if any. Whether it's a misdemeanor or PHOTO: ©ISTOCKPHOTO.COM HOW TO FIGURE OUT THE TYPE OF CALL YOU'RE ON Even if you're a seasoned veteran, it can be difficult to determine what you're handling at certain scenes, and then you need the right protocol and paperwork. AMAURY MURGADO How To AMAURY MURGADO For more on legal issues go to www.PoliceMag.com/law

Upload: amaury-murgado

Post on 05-Aug-2016

221 views

Category:

Documents


2 download

DESCRIPTION

The hardest part of handling any call is figuring out what you are dealing with.

TRANSCRIPT

Page 1: How to figure out what type of call for service you're on

14 POLICE JULY 2016

To a senior officer, calls become second nature. They have handled hundreds of disturbances and multiple types

of in-progress calls, and that new officer's adrenaline rush of running lights and sirens is long gone. But to a person fresh off field training, it's a different world all together. It becomes apparent very quickly that when you are thrown into the deep end of the pool, there is a huge divide between book knowledge and the real world. And this is never more true than when trying to determine what type of call you're dealing with, and therefore how to handle it.

THE HARDEST PART OF ANY CALLTo be sure, the hardest part of any call is figuring out what you have. Once you do, it's a matter of following protocol, policy, and filling out the right paperwork. And therein lies the rub; getting to that point. It's akin to solving puzzles or answering riddles. Senior officers make it seem easy but don't let that fool you; it wasn't always that way.

There have been more times than I care to remember when I rolled up to a scene that was utter pandemonium and it took time to get a handle on things. There were other times when the tale being spun by the complainant was so con-voluted I had no idea what was going on. I am not ashamed to admit that there were plenty of times I had to call for help in order to figure it out. Essentially, this is what you need to figure out when handling a call: what it is, what you're sup-posed to do about it, and what paperwork is involved.

IT'S A LOGICAL PROGRESSIONOne of the things I do for recruits learning report writing at the police academy is pass out a flow chart covering the different categories of calls. It makes it easier for them to de-cide what they have when I throw report writing scenarios at them. Making a flow chart is something to consider when you are first starting out as it gives you a quick reference point. The first decision in the flow chart is deciding whether the call in question is civil or criminal in nature.

If it's civil in nature, there are many instances in which the only requirement needed is to refer the complainant to another section of your agency, have him or her contact an attorney, or direct the person to file certain paperwork at the court house. What you refer them to do is going to be deter-mined by your agency's policy and procedures, and state law. Policy will also determine what part of the call you do handle. Usually the road officer handles very little as other agencies or specialty units do most of the civil work.

If it's criminal, you have two choices; is it a misdemeanor crime or a felony crime? You have to identify what role of-ficer discretion plays, if any. Whether it's a misdemeanor or P

HO

TO: ©

ISTO

CK

PH

OTO

.CO

M

HOW TO FIGURE OUT THE TYPE OF CALL YOU'RE ONEven if you're a seasoned veteran, it can be difficult to determine what you're handling at certain scenes, and then you need the right protocol and paperwork. AMAURY MURGADO

How ToAMAURY MURGADO

For more on legal issues go to www.PoliceMag.com/law

Page 2: How to figure out what type of call for service you're on

* As part of the TASER 60 program, you will be billed on an annual basis for your purchase.TASER and ø are trademarks of TASER International, Inc., registered in the US and other countries. For more information, visit www.taser.com/legal. © 2016 TASER International, Inc. All rights reserved.

Want to turn your CEW purchase into a reliable budget line item? TASER 60 is your answer. It lets you pay for your Smart Weapons in installments* over 5 years, and you don’t need to purchase a speci c number of weapons to participate in the plan. Achieve budget predictability with TASER 60 today.

LEARN MORE AT TASER.COM/ TASER60

TASER 60 LETS YOU AVOID LARGE CAPITAL EXPENDITURES FOR CEWS

PAY OVER TIME WITH TASER 60

16-TASER-0905 Police Mag 7.875x10.75 JULY R01.indd 1 6/14/16 10:40 AM

freeinfo.policemag.com/461807

Page 3: How to figure out what type of call for service you're on

16 POLICE JULY 2016

felony, each requires that you ask yourself a similar set of questions.

If it's a misdemeanor, did it occur in your presence, allowing you to handle it immediately? If it didn't occur in your presence, is it one of your state's misde-meanor exceptions that allows you to handle it anyway?

If you can handle it, is it something that you have discretion on? Discretion might allow you to give a verbal or written warning. If you have no discretion then what actions are you required to take? Is it something that necessitates an arrest or a criminal citation requiring a court date, or do you file charges? If yes to any of these, what paperwork do you need to fill out? Handling felonies is similar except that there is usually very little to no officer discretion involved.

Felonies that I am aware of do not need

Learn more: pelican.com/air Pelican Products, Inc. 23215 Early Avenue, Torrance, CA 90505

(866) 632-3007 (TOLL FREE) • Tel 310.326.4700 • Fax

PELICAN™

+ TREKPAK:

THE ULTIMATE DIVIDER SYSTEM

FOR THE ULTIMATE CASE.

CLEAN UP YOUR

ACTPELICAN™+ TREKPAK™

Our new premium divider system uses tough and durable pre-installed wall sections and

divider panels that are only 7/16” thick, so you can pack more gear than conventional

dividers. The fool-proof cutting tool and locking pins let you

customize TREKPAK™ dividers over and over.

All trademarks are registered and/or unregistered trademarks of Pelican Products, Inc., its affiliates and/or subsidiaries.TREKPAK is a registered trademark of TREKPAK, Inc.

L460959.indd 1 4/25/16 9:07 AM

you to be present in order for you to make the arrest. How you handle a felony then becomes an issue of whether or not the suspect is present. If the suspect is pres-ent and you have enough probable cause, you make the arrest. If the suspect is not present you file charges. How your state and agency handles filing charges will determine if you can pass on the prob-able cause to the oncoming shift, have to secure a warrant, or are instructed to simply forward the charges to your state or district attorney for handling. There is no way to cover all types of jurisdictional requirements or agency protocols, so you will have to adapt your flow chart to your own particular circumstance.

COVER YOUR BASESYou can't handle a call until you deter-mine what it is. Once you figure it out, it's

How To

PH

OTO

: ©IS

TOC

KP

HO

TO.C

OM

PH

OTO

: ©IS

TOC

KP

HO

TO.C

OM

freeinfo.policemag.com/649360

Page 4: How to figure out what type of call for service you're on

PoliceMag.com 17

a question of following procedure, proto-cols, and filling out the appropriate paper-work. The logistical side of the question is easy. The figuring out what you have side? Not so much. Rest assured, it gets easier with time and experience.

Remember that there may be some in-stances where the only action you have to take is writing an information report to document the incident. When to write a report is a very common question. A good rule of thumb is if you have to ask if you need to write a report, then write it! That way all your bases are covered. Remem-ber that all internal investigations usu-ally start with the question, "Was a report taken?"

In a nutshell, handling any call in-volves figuring out whether it's either civil or criminal. Once you figure that out, each one has its own list of dos and don'ts. Each one also carries with it a specific set of pa-perwork you must use for agency, state, and federal purposes.

If you can't figure it out, please put your ego aside, place your mission first, and call someone for help. Call a zone part-ner, your supervisor, or your staff attor-ney if need be. Make every effort to make the best decision possible in determining what you have.

The start of this process is more im-portant than the end because your first decision is the most impactful. Make the right decision and the world loves you. Make the wrong one and the world tries to swallow you. Letting someone go with a warning for what you thought was a mis-demeanor but turned out to be a felony never reads well in the media.

Even if all of this is second nature to you at this point in your career, consider sharing this institutional knowledge with the newer officers at your agency. Working with junior officers is everyone's business. Remember, you go to war with the army you have, not the one you wish you had. Help make the best of it.

Amaury Murgado retired a senior lieuten-ant from the Osceola County (FL) Sheriff's Office with over 29 years of experience and retired from the Army Reserve as a master sergeant. He holds a Master of Political Sci-ence degree from the University of Central Florida.

L460956.indd 1 4/28/16 2:54 PM

freeinfo.policemag.com/649357