NJ Cops | Page 23

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