
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.
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