What Would This Cop Do?

ChuckO said:

So, what would the cop likely do?

Click to expand...

Depends if your story is set in Ferguson, MO.

ETA: Seriously, we need more information. Real-life cop situations are not all by-the-rules, cut-and-dried (as we all know). In the first encounter, is your MC antagonistic, servile, straight-arrow John Q. Citizen needing assistance? His behavior here would influence the cop's behavior in the second encounter.

The setting is important, too. Is this a big city where cops may be more suspicious, or a small town where they might be more helpful?

Police have guidelines that they're supposed to follow, but they also have a certain leeway to react according to their take on events as they unfold.

Just a thought: your MC doesn't come across as very smart.

I wouldn't just dismiss the guy the first time, even after an ID check (and filling out an FI - field interview - card).

"Why are you here? That building is closed up. Been closed for 2 years now."

"Going to meet a friend? Oh. What makes you think she's here? You sure you've got the right address?"

"Got a phone number? We can try to call her to make sure you've got the right address."

"OK, there's no answer on that line, so it's time for you to mosey."

And then if I had nothing pressing, I'd stay parked right there for a bit to make sure he leaves.

The second time I see him, I might radio in "I'll be out at Smith Brothers. Someone banging on the gate. May be that same male from two days ago."

Does the guy run as soon as I get out of the car? If I can chase him down in the first couple hundred feet, I'll do it on foot. If not, I'll chase him in the car as far as I can, yelling on the radio for backup while I do.

Depending on where the gun is, a cop may notice it before your guy is expecting him to. Is it a concealed carry state? Even so, most states require you to notify an officer that you're carrying, and if you don't, they can arrest you. If nothing else, when the cop notices it, he'll be asking for the ID and permit. Different cops will handle the gun differently. Some will prone you out at gunpoint. Some will just tell you not to touch it. Some will ask you to surrender it to them for the duration of the stop.

What do you need or want to happen?

Well, police procedures can be jurisdictional. So, yeah, depending on the state laws then he might not be unable to leave his car, as well as the carry-conceal laws. In which case, just move them to another state.

If the cop is coming to the warehouse, it leads me to believe that trespassers must come by often. Depending on what that area is known for might determine how the cop reacts. If people break in and do drugs in the warehouse, then he may check the person and ask for ID. If it's prostitution or some other indecent act, then he may just tell the guy to leave. It is true what cmhbob said; he will establish a dialogue with your MC and where that conversation leads may cause him to search and maybe detain the MC until another officer comes.

Ultimately, as everyone else mentioned, it depends on what you need to happen in this scene. The cop could break all protocol and trust his own instincts... whatever that looks like to you. Also, did the MC have a gun with him during his first interaction with the cop? And why does he carry the weapon on him at all? Is it because of the cop or is there some other element we're missing? I ask because if I'm returning to a place where I've been harassed by a cop before, I wouldn't make the situation worse by having a concealed weapon unless I needed it, and depending on how nervous I am, it could be a highly intense scene. I also wouldn't go to the warehouse at the same time another night knowing that cops might come around again. That said, it's your MC so he may have his own mindset.

I have never heard of a rule that says a cop can't leave his car, and I really doubt that any such rule exists anywhere.

Think about it a moment – you're a cop on patrol, you spot someone who is a suspect in a burglary or robbery, you get out of your car and confront him.

He turns and runs. You then shrug and walk back to your car because you're not allowed to leave it, letting him escape into the darkness?

I chased many a suspect on foot – caught some, some got away. If you want your character to run and have the cop chase him go with it. Despite what your friend says, there is nothing unusual about that situation.

The fact that your character has a gun makes the state/location he's in very important to the story and adds a huge complication - it's almost impossible to answer the question with out knowing where this takes place.

For example, if it's Vermont, Arizona, or Alaska, no permit is needed. If it's NYC, permits are almost impossible and it's probably going to be a felony arrest. If it's in the open and it's Pennsylvania, it's legal. Other states, like Florida, don't allow open carry.

If it's DC, anything could happen.

Go to handgunlaw.us to read the rules for the state.

Fitch

Different cops handle such situations in different ways. Some are born bullies and jerks, others are the nicest people on earth. Some run to investigate every possible problem, and otehrs will just sit and watch until you do something worth his time and trouble.

You also have to figure out what your protagonist would do. If he's not on private property, he's really in no trouble. Who is your protagonist, how is he dressed, and how does he handle himself?

If he's dressed like a biker, he'll get one response. If he looks like a snot-nosed teen, he'll get another. If he's wearing a nice suit, is clean shaven, and has polished shoes, he'll get quite another. Too, if he acts like a jerk, he'll get one response, but if he smiles, say yes, sir, and no, sir, he'll get much better treatment.

Also know the law about handguns. I live in a very gun friendly state. In my state, if a cop sees a gun, he can ask to see your permit. Most do not because they see guns several times per day, unless they're suspicious, as they would be in this case. They cannot pull a gun as long as your weapon is holstered. If they do, you own them. They cannot confiscate your weapon without arresting you, and they cannot arrest you unless they charge you with a crime, and it better not be a frivolous charge used as an excuse to see ID, or to confiscate your handgun. They can't even pull a gun or arrest you if you carry a gun into a mall, or any other business, that has "no guns" signs posted. All they can do is ask you to leave at the owner's request.

In my state, you also do not have to show ID unless the police officer has reasonable suspicion that you have committed a crime. You can then make him detain you for that crime before showing ID. You don't even have to carry ID in my state, unless engaged in an activity that requires one, such as driving.

But really know your protagonist. I know this is a brief explanation you've given, but he doesn't sound all that bright. Only in movies does someone shake a an obviously locked gate, or stand and yell his friend's name at the same place when he was hassled by a cop the day before, emotionally distraught or not..

How does the friend get in there, and why doesn't the friend contact him? The friend also can't stay in there forever, and must have places to go regularly for one thing or another, be it a meal, a handout, etc.

Opinions

Like many have said, it depends on what you need for the story. As to cars, the first thing we did was make a spare key that was always with us. (we drove our units home, so always had the same one. This was before the days of key fob automatic locks) That way we did not accidentally get locked out and if we were away more than a few feet, the door was locked.....Can you imagine the embarrassment of having a police car stolen?

However, I have not seen anyone mention my first question.

How did he get there? Does his ID match the area? Could he have walked from the address given? If by vehicle, does the information match? If he walked there to an industrial area, why? Police officers are cynical to the max, if they have worked more than a few days.

Time period is also critical. Back in the 60s or present day? Middle of the day or 3:00 am? If he told the officer what you said here and that he was worried about his friend and it was a certain time and place, they would have helped check. It is called a welfare check and happens all the time.

In short, we don't have enough to give you close to what might happen. Also, police will assume if someone runs from them, the person has done or will do something illegal.

Remember that there are many, many laws on the books. The Uniform Vehicle Code for most states has things you would not believe are violations of law. There are many purposes, which I will not go into. As long as the officer can articulate reasonable suspicion, your protagonists problems will escalate.

My first reaction to your scenario was on the second time, he could be arrested for Criminal Trespass, which is a misdemeanor. He might be able to beat it, but it is a legitimate charge in the scenario given.

The warrant might go something like this:

"On December 22, 2014 at 4:32 PM, defendant did violate OCGA 16.42.
3(a) and commit the offense of Criminal Trespass at 432 Main Street, Hartwell, GA, an Industrial area, in that he was observed by Officer Chucko, a sworn peace officer of this state, attempting to climb a locked chain link fence, after having been warned by Officer Chucko on December 20, 2014 at 3:30 PM at that location to vacate the premises as Defendant could not provide any reason for being in that location and was served with a bar order for that location."

Not a lawyer, just want to point out several things to think about in your scenario.