A patrol officer’s challenge:
Dealing with liens without process of
law in the field
The job of a uniformed patrol officer comes
with many challenges. Knowing the application of the law and procedural directives that
govern law enforcement is clearly a challenge
that can make or break an officer’s career. In
27 years of law enforcement, I have learned
that literally every aspect of our job has some
DAVID
source of guidance that prescribes what we
can and can’t do. Even the most obscure tasks
PAPROTA
or decisions for an officer are founded in
some source of law, directive, guideline,
administrative rule or court decision (common law). Those
who engage in the practice of making a point to seek out, identify, and understand those sources by being a student of the
job on a daily basis are able to “play on their toes” and operate
with confidence in the field.
While the scenarios are endless, a simple and seemingly
inconsequential example can make the point. An officer is
called to a local jewelry store for a dispute between a customer
and the jeweler. Upon arrival, the officer is confronted by a
woman whom he identifies as a prominent local figure that is
very assertive and known to be outspoken at local council
meetings. She explains that she brought her $10,000 engagement ring to the jeweler to clean and repair a piece of the setting. She goes on to say that he is now trying to charge her
double what she believes the work is worth and she intends to
sue him for damaging the ring. Her demand includes that he
return the ring to her immediately and that she pay no more
than the $79 she believes she should be charged.
The jeweler reports that the repair he performed met the
initial request of the woman and the additional cost was due
to the gold he needed to use to make the difficult repair. He
goes on to say boldly that he will not return the $10,000 ring
until the bill is paid and he will ultimately sell the ring if he
needs in order to recover the $158 he is owed. Both parties are
very agitated and are making demands of the officer who is left
with a difficult decision that ultimately involves the immediate
disposition of a $10,000 ring and a lot of potential headaches
if the wrong decision is made.
What source of law actually provides the officer with the
most accurate guidance in th