Why law enforcement would ask the public for help
Law enforcement agencies sometimes seek help from the public to solve more common crimes. In such circumstances, the following may occur:
• Public Safety – a perceived or actual threat to public safety may cause law enforcement to call upon the public or a specific subset of the public (i.e., residents in a specific area) to be on the lookout for certain suspect(s) or crime(s).
• Missing Persons – law enforcement may contact the public to help locate a person missing under suspicious circumstances .
• Eyewitness Accounts – law enforcement may contact a person if they believe he/she has witnessed a crime that could assist them in investigating or prosecuting that crime.
The above are a few examples of how and why law enforcement may seek the assistance of the public in an investigation. However, how a person receives such a solicitation may not warrant an immediate response. Before consenting to or engaging in any such communication, the individual should carefully weigh their own level of comfortability, as well as the possible risk associated with assisting law enforcement.
Legal ramifications of assisting the police
When individuals consider assisting law enforcement officers in apprehending a suspect or otherwise securing the safety of an officer or bystander, they often have questions about the legality of their actions. Consider the following possible alternatives, and note the possible danger those choices pose in terms of civil liability, in the event of an injury occurring in the course of the encounter.
A civilian may legally assist a police officer in the performance of a "law enforcement function," which is defined as a "public duty imposed on a police officer." However, this allows for CFCA liability in situations where the assistance is not requested by the law enforcement officer. A civilian is not entitled to immunity for simply coming to the aid of an officer in "an emergency situation."
If a bystander or other person wishes to assist in a criminal investigation, he may legally do so if specifically directed to do so by a law enforcement officer. This would include instances where an arrested person requires medical attention, and also where a witness to a crime is needed to furnish information. If the individual assisting the officer oversteps, however, it opens up a whole new can of worms with regard to potential civil liability. Beyond relying upon the reasonableness of taking such action, should the matter end up in court, the jury may be instructed in accordance with the law.
In a recent court case (Davies v Attorney General), which concerned conduct during a police emergency exercise including multiple domains, the court eventually found the actions taken by the civilians to be justified under the law.
The correct response when asked for assistance
Many people have a natural inclination to assist those in authority, and this is generally a good thing. However, if you are called upon by law enforcement to assist with a matter, there are a few things that you should do to verify the legitimacy of the request before rendering assistance.
First, be wary of requests for assistance via cell phone. Law enforcement typically has strict protocols for contacting citizens, and if they need assistance on the street, they will usually come directly to you without preamble or request to meet you at some other location. A legitimate officer will likely not call you to request your help in moving an errant vehicle off the road. Instead, he or she would either send a uniformed officer to you or radio his or her fellow officers that assistance is needed for a specific type of issue, and that a local law enforcement officer should already be nearby to assist you if needed.
Second, be cautious of individuals requesting assistance from your residence or business if they arrive unannounced. A legitimate officer will generally have authority to enter your premises in order to maintain peace. However, the officer should identify himself and the agency that he or she works for. The officer should also be in uniform or present some form of identification that verifies his authenticity. You may request a description of the officer’s badge number, radio number or other identifying number. Also, you may verify that the individual requesting assistance is, in fact, a law enforcement officer by calling their station or dispatch to confirm the officer’s identity, rank and reason for calling upon you for assistance.
Third, never leave your home or business after a legitimate officer has called upon you for assistance at your residence. If the officer has jurisdiction over you, it may occasionally be necessary for you to accompany the officer away from your premises for his or her safety purposes. In such cases, it’s always a good idea to pre-arrange support from a colleague or another officer so that someone has the opportunity to confirm the officer’s location should they be unable to return at a pre-arranged time.
Fourth, if an officer exhibits any unusual or non-standard behavior, refrain from assisting them until you can verify their identity. Today, more than ever, there are armed individuals working under the guise of law enforcement. These individuals are typically experienced criminals who prey upon civilians in the hopes that they will not be challenged for their illicit behavior.
If you have any doubt, trust your instincts in these situations. In addition, you can alert your colleagues or dispatch to warn other officers regarding the presence of any suspicious persons in your area.
Your ethical and safety concerns
There are ethical considerations to take into account before dutifully responding to what the officer might consider an old-fashioned plea for help. Ask yourself how you would feel if you assisted in apprehending an innocent person because you didn’t take the time to ask the right questions and come to a true understanding of the situation. In most jurisdictions, assisting an officer is not a legal requirement, such as responding to a subpoena. It is an ethical one. Consider the potential consequences to an innocent person who is arrested through your actions. Would you take the same risk for your own child?
Your safety is always paramount. For example, if the officer asks you to assist in apprehending a dog involved in a reported attack, remember that even the most docile-looking dog can bite. If the incident was a dogfight, one or both of the dogs might be uncontrollable. The sensible solution is to remain in a safe location and allow the officer to calm the dogs and help them be reintroduced to their proper owners .
If you are concerned about your personal safety, ask what you can do from a distance. Even if the officer demands your assistance to apprehend a suspect or to search a dangerous area, you have the right to refuse. In most jurisdictions, such as the USA, it is not a crime to refuse to assist a police officer. Sometimes, it is wise to explain to the officer why you cannot assist. Possibly, he or she will comprehend the danger and call for backup, but this isn’t always the case. If not, politely tell the officer that you must withdraw because it is "too dangerous." Call a patrol number and advise the officer of the situation. As you assess the situation, stay alert and aware of your surroundings at all times.
It is important to honestly assess your capabilities and limitations when physically assisting in a potentially dangerous situation. Your willingness to assist is commendable, but being realistic about your skills enables you to do more good than harm.
On-the-ground examples and case studies
In our war against crime, however, there are real-life examples where citizens have stepped up to the plate and assisted in the cause.
Case Study: Anderson, Indiana
In Anderson, Indiana after completing a drug bust that netted a couple of pounds of meth, a traffic stop resulted in a $3,000 car. When Officer Chris Albright ticketed Marie Wiemer, she decided her car was such a nice ride, she bought it back off the evidence lot. She was licensed and insured for insurance purposes, and the officer’s personal car was sidelined. The Anderson police then decided to run an auction where anyone interested could bid on Wiemer’s Impala. Bids started at $500, and an online tiebreaker was needed when the top two bidders offered $5,100 and $5,100.05. The auction winner paid $5,400 for the luxury sedan. Now the city has around $10,000 more to put toward the war on drugs.
Case Study: Big Pine Key, Florida
On Big Pine Key, a local couple was out walking their dog and spotted an overturned single-engine Cessna. They called authorities who quickly responded and called for a Medical Evac helicopter. One passenger required hospitalization, but the pilot, Doug Hurst was able to climb from the wreck unassisted.
Case Study: New York City, New York
In New York City, a truck driver was working on his rig that had fallen off its jack and was threatening to fall and crush him. A police officer and good Samaritan rushed to the rescue and stopped the rig from crushing the driver. The officer asked the driver to stand clear, but he said he wasn’t going anywhere. ‘I’m just going to keep fixing my truck.’ The good Samaritan ordered the driver to run, but he refused saying if he stood back it could crush him plus the load he was unloading. He only stood back after Officer Matt Miles pointed his weapon at him and pulled the truck. ‘As soon as I did that he ran. Immediately that fell off the jack, and that truck would have crushed him,’ Miles said. Local news caught the rescue situation on the area’s surveillance cameras.
Case Study: St. Paul, Minnesota
On St. Paul, Minnesota, the fire department was called to respond to a house fire and arrived to find three people on the roof put there by the burning structure. Firefighter Ryan McDonald ignored his own safety and scaled the overhang and pulled two people to safety. McDonald was able to help the residents escape from the roof before the fire spread into their living space.
Case Study: Beaver County, Pennsylvania
In Beaver County, Pennsylvania a Beaver Falls man cared little that he was an ex-convict with a record, and jumped into action to save a woman caught in a rip current. The unidentified ex-con was at the beach with his girlfriend and stepped up to save a woman he didn’t even know. The chances of saving the woman was slim, and the situation looked hopeless, ?"But this guy knew that if he was going swim out and rescue her he was not going to die." Then he added, "’That’s what I was here for, to save her."
Training and resources for civilians
To further equip civilians for engagement with law enforcement, there are a number of resources and programs available. Many law enforcement agencies offer community policing initiatives that encourage citizen involvement. For instance, Citizens Police Academies educate citizens about police operations and develop relationships with officers through community building exercises. Police Explorers is a youth program that seeks to spark an interest in law enforcement careers. Through this program, local officers serve as mentors to young men and women who are interested in the law enforcement profession. Parent-Child Police Academies provide children (age 5 or older) and their parents with the opportunity to interact with police while learning about police work. These initiatives further the relationship between police officers and citizens and enhance community safety.
Local law enforcement agencies also encourage volunteering through auxiliary volunteer programs. These programs allow vetted community members to work directly alongside law enforcement to enhance public safety. For example, the Sheriff’s Office in Clay County, Florida offers an Auxiliary Volunteer program where volunteers learn about specialized law enforcement functions and apply their knowledge to serve the community . Participating volunteers receive a variety of law enforcement training which enhances the effectiveness of law enforcement officers while strengthening the relationship between the Department and the Clay County community.
In addition to law enforcement auxiliary volunteer programs, many anti-crime sorts of programs involve ordinary citizens. For example, many neighborhood watch programs encourage citizens to get involved by paying attention to their surroundings and calling the authorities when they see suspicious activities. These programs give communities the opportunity to build meaningful relationships with one another and with law enforcement.
Other resources available to help civilians better prepare to assist law enforcement include personal safety and self-defense classes. Many communities already offer safety and self-defense classes for free or at a reduced cost for citizens. For example, many local law enforcement agencies offer programs to educate citizens in self-defense techniques and situational awareness. The United States Department of Homeland Security also provides online resources to take advantage of in conjunction with local training programs.