Police Snapshots For Novelists: Building Searches (Part II)

Surviving Building Searches

By Mark Young

Scene: A woman screams from inside a nearby house. Witnesses hear breaking glass and a man snarling out profanities. An unknown truck angles across the driveway, left in park, door standing ajar. Neighbors begin calling 9-1-1. You are a patrol officer. Dispatch sends you to this call.

How do you handle this case?

During our last post on building searches, we looked at all the information and options officers must consider before they even get to the front door. What kind of call is this? Weapons involved? Hostages? Prior calls for service? How many resources do we need to handle this situation? Can one officer handle this, or does the whole patrol team need to start rolling? All these considerations and more are running through the officer’s mind in route to the call.

One of the critical components of these calls is the coordination between officer and dispatcher. Key bits of information will normally be fed to officers before they ever get to the front door. Dispatchers will be pulling up information from various databases: calls for service to this residence, prior contacts, and certain utility information if available. If the neighbors provided vehicle information, that truck will be run and the registered owner (RO) identified. Wants and warrants will be checked on the RO, as well as anyone affiliated with that address.

On this call, dispatch advises that the residence belongs to a female who has prior contact information—including a restraining order against … you guessed it, the RO of the truck. So now, the officer is armed with a little more information that might shed light on today’s disturbance. It also gives the officer broader latitude to deal with this situation if the RO is on the premises. An arrest can be made on the spot for violation of the court-mandated restraining order, even if there are no other charges available at the time. But given the violent history between these two people, a diligent and alert officer should be able to hook and book this violator.

Even if the woman called the RO and invited him over—which happens because love is blind and some people in love lack sound judgment—the man is still in violation of the order. Just from the information provided by neighbors, an officer would probably determine that domestic violence might be the nature of this call.

So what do you do? Run up to the front steps, kick in the front door, and start looking for this scumbag?

Whoa, John Wayne. Back up a few steps and take a deep breath. Due to the nature of the call, you are going to want to make sure backup is on the way. Remember, domestic violence calls are one of the high-risk calls that get officers killed or injured. It can be a very volatile situation. You need all the help dispatch can send your way—if there are enough officers on duty and calls for service allow.

Your backup just arrived. What is your next step? Kick in the door or give knock and notice? It all depends—and this is why the job is so interesting. Every call is different. Circumstances can change faster than a traffic light switching from yellow to red. Officers always need to be their toes, able to wade through a flood of incoming information in order to make the right choice at the right time.

Years ago, officers might have been able to force they way in like Dirty Harry and take care of business no matter what happened. In these litigious times, an officer must venture forth carefully—this all becomes part of surviving the job. Survival can be broken down into three primary categories—physical, legal, and organizational. Physical: Don’t get shot. Legal: Follow the law at all times. Organizational: Don’t give supervisors ammunition to hit you with a personnel investigation.

Getting back to our disturbance call, what do we need to get inside the house. Courts frown on officers pushing the boundaries of knock and notice and fourth-amendment protection (Remember legal survival?). If you are going to break the normal rules of knock and notice, you’d better be armed with exigent circumstances.

Here is one interpretation of exigent circumstances: “Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' [United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).] Officers hear a lot of about this “reasonable person” from the courts but rarely do these legal scholars actually define what they mean by reasonable. What seems reasonable to an officer—in the dark, facing armed suspects, listening to the screams of victims—may not seem reasonable to the court during a preliminary hearing weeks or months later when everything has returned to normal.

A woman screaming within earshot might make a reasonable police officer believe exigent circumstances exists. Translation: You can kick in the door, Harry. Someone needs your help. This gets an officer inside without knocking and announcing. Again, under these circumstances a reasonable officer might come to the conclusion that an angry and violent man—with a history of firearms—just might shoot an officer or the victim before officers can intervene. However, officers should start letting people know the police have arrived once they get inside. This helps the officer survive legal and organizational threats, although this raises the physical threat. Common sense must prevail.

warrantless entries as long as the government did not create those exigencies. You’ve seen those movie scenes where a police officer breaks a window, turns to his partner and says, “look’s like a break-in in progress.” And in they go. This kind of monkey business would get everything they find inside the premises thrown out of court, while creating serious legal issues.

So now you’re ready to enter the dwelling. Go ahead and start that search. Work with a partner, watch both your backs, and go slowly—clearing every room before you enter the next. Remember the basics learned in training: hold flashlight away from your body so you don’t offer the bad guy a target; use soft- soled shoes; follow the ABCs of weapons use; use stealth; and use all of your senses—including common sense. Hook’em and book’em if you find the suspect.

Moments like these erase all the hours of boredom … until it comes time to write the report.  Paperwork is always the cost of doing business. And you had better make sure that everything that happened when you forced entry is thoroughly documented in the report. Testifying on the stand is the wrong time to remember an important detail you failed to include in your report. The district attorney will hang his head, the defense attorney will roll his eyes, and you can count on a frown coming your way from the judge—if not something more stern. Be smart and write everything down to ensure legal and organizational survival. You must survive a long career ahead.

Now it is time to go home until the next shift. Enjoy life. Relish the time away from the job. You made it through another day. As one military veteran replied at the end of his career: “Life is good. I’m still standing and sucking air.”

Novelist: Use these realistic situations to create all kinds of tensions and havoc in your story. Go ahead and let your creative mind run free. You might be surprised at how fast your main character gets into trouble. And your readers will want to turn those pages to see if their hero survives. Everyone wins—except maybe the bad guy. 

Police Snapshots For Novelists: Building Searches (Part I)

Surviving Building Searches

By Mark Young

Scene opens up: Bad guy rushes from a crime scene into a building to hide. Police close in and rush the building to make the arrest. Readers and viewers have seen this kind of action—in one form or another—played out many times. Scene ends: Bad guy is caught or shot. Good guy survives.

“Fools rushes in …” you know the rest of that line. Cops are no angels, but neither are they fools. Rushing into an unknown building is risky business. Those in law enforcement—if they have been around for any length of time— are going to take into consideration many options before they chase the bad guy inside.

There is almost an art to the business of conducting building searches. Every situation is different, and sometimes officers have to be very imaginative and resourceful to get the job done safely. This kind of operation takes training and practice. It takes a plan of operation and adequate resources to pull off successfully. Success means the bad guy winds up in cuffs and the good guys go safely home to their families at the end of shift. Anything less spells trouble.

Part II of this article on Building Searches will go into more detail what an officer must consider during the search. But an officer must be sure of their legal footing before they kick in that door and go after the crook. This article will consider some of the landmines that officers must try to avoid—as does your crime novel hero.

Generally, the bad guy is likely operating on his own turf—his residence, office, or neighborhood. Places this crook knows like needle tracks on his arm. The guy probably knows every inch of the place you are about to search. If it is the scene of a robbery or burglar, the crook probably cased this out beforehand to know the best places to run or hide if the cops show up. Right from the start, this crook has the home field advantage. An officer needs to shift that balance of knowledge to where police have the upper hand. That takes planning, communication, cooperation and discipline.

First, let us rid ourselves of the most obvious and most popular way of flushing a bad guy out into the open.  Best-case scenario: send in Fangs. All the officer has to do is seal off the area, call up the canine unit, and sit back and watch these four-legged creatures go into action. These dogs are a police officer’s best friend and the crook’s worst enemy.

Now, that would be too easy. What if canine units are not available? What if these structures are not conducive for these dogs to search?

Go to plan B.

An officer needs to back up and develop a plan of action. But first, the officer must consider a number of factors and options. If everything goes bad, this officer is going to need to justify every action he took in this operation. Particularly if someone gets hurt.

Here are some of the questions that will flash through the officer’s mind. Is the bad guy armed or does he have access to weapons and hostages? Has the guy barricaded himself? If the answer is “yes” to any of these considerations, then the officer would generally punt a decision to a supervisor and wait for SWAT to show up. Then, the officer just has to stand back and watch the show unless something else requires immediate intervention. This was learned from law enforcement’s tragic experiences at Columbine High School in 1999. Prior to this event, officers had generally been taught to sit back, contain, and call in SWAT. Law enforcement learned that in some situations, first responders must go forward and initial immediate action in order to save lives and help to control a highly volatile situation. Again, it all hinges on what kind of call the officer is facing.

Most times—unless shots are exchanged or weapons brandished—the officer is not going to know whether the suspect is armed. If a weapon was not seen, then an officer needs to decide whether it is worth going in to get this guy. I know this may sound odd, but at some point, the officer must evaluate the risk, the gain, the crime, and the liability. All in a matter of seconds.

First, why did the suspect flee? Did he run because he had outstanding warrants in the system and did not want to go to jail?  What kind of warrants—misdemeanor or felonies? Warrants for unpaid parking tickets or for armed robbery? Is he running because he stole some hubcaps or did he just commit a rape in the next block and he is facing a third strike in prison? A police officer has to have some idea why the suspect ran before busting in the door and starting a search.

If the runner has been identified, is it necessary for the officer to go in and arrest him or would it be more prudent to simply write it up and go for a warrant? Again, common sense must prevail.

An officer should gather whatever information is available in order to make a decision to start a building search. For example, maybe the officer cannot identify the suspect. They could run a records check on the residence—if that is where the suspect fled—searching for calls for service at that location and prior contacts. Utilities and other data base systems might provide additional information.

Another consideration is whether the officer has the legal right to force entry to that location. Again, going back to the reason the suspect ran. If it was a misdemeanor warrant, for example,  the officer may not have the right to go in and arrest the suspect depending upon the charges, the time of day, and whether the warrants need to be served in a public place (public thoroughfares, common walkways, or places the general public has a right to be).

Aside from the criminal charges, another consideration facing the officer is that of potential civil liability. What if the officer forces entry and did not have legal ground to do so? And what if the officer was forced to shoot and kill the suspect in defense of his own life? The officer might be absolved of any criminal wrongdoing, but civil action against the officer rises to a completely different rules and criteria.

So all these considerations—and probably a dozen other factors—all point to the officer going in to get this guy. Again, first consideration is sealing off the area so that the bad guy is contained. Second, get enough personnel on the scene to safely conduct the search. Gather as much information as you can on the structure you are about to enter. Lastly, make sure that everyone involved in the operation knows what their job is.

Not to leave readers hanging, but Part II of this article will go into the mechanics of a search. Writers do not want to bog down their story with facts and liability issues, however, these issues can be used to further make your main character twist and turn in the literary wind. Just think of the possibilities.

EBooks: Time for unpublished novelists to change strategies?

A Revolution Blowin’ in the Wind

By Mark Young

Every unpublished novelist shares this dream: One day a publisher reaches out and taps them on the shoulder. Someone out there read the struggling writer’s pride-and-joy, their sweat-drenched manuscript. A letter arrives. The writer tears open the envelope and reads, “We are pleased to inform you that we have decided to publish …” or something to that effect.

Most unpublished novelists, however, often share this kind of letter: “Thank you for your query submission. After careful review, we have decided (insert name of novel) is not a good fit for us at this time.” Worse yet, the aspiring novelist never receives a response.

It’s a tough business—on the publisher and the writer. Publishers cannot spend precious time on concepts or ideas that that will never get traction in the market. Time is money. Unpublished authors—like their manuscripts—may find themselves at the bottom of a slush pile, slowly drowning. No one wants to gamble on the unknown.

As novelists, they’ve tried to prepare themselves in order to survive—even excel—in a highly competitive market. Spending years learning the craft, perfecting their writing, joining critique groups, and attending writing conferences. They may have subscribed to a plethora of writing magazines, attended university creative writing courses, read piles of how-to books, and painstakingly studied the craft of published and well-respected writers. Maybe they entered writing contests for short stories, novellas, or novels while writing articles on whatever subject might sell. Anything to get their name and writing out there.

One day they pluck up enough courage to start sending out those query letters and submissions—day after day, year after year, novel after novel. Each day they trek to the post office hoping for word that someone out there finally decided to take a chance. Letters of rejection start piling up, the writer beginning to recognize these rejections by weight and feel of the envelope—without ever slicing it open. Almost fatalistically, these rejections are tossed into a growing file. These rejections will be living proof someday—when dreams comes true—that this writer paid the price to become published.

Always tenacious, the writer trudges home from a day job, tiredly flopping down at the desk to begin another page, another story. Maybe this new novel will be something publishers simply can’t turn down.

This process is not unique to aspiring novelists. Through the years, now published authors fought this same fight, shared this same dream. You are not alone. For these novelists, the dream finally came true. They broke through and made it to the other side.

At some point, writers begin to toy with the idea of self-publishing. They compare costs, look at all the options, at the same time recognizing this self-published stigma might stifle their chances of traditional publishers ever picking up their work. Reluctantly, the unpublished novelist decides to wait, to be patient, to keep putting words and stories together.

Still no word comes. The words come harder and harder to write.

Meanwhile, the publishing market begins to shift—for the worse. As recession slowly grips everyone’s pocketbook, publishers begin to draw back, selecting fewer and fewer debut authors. Even multi-published authors begin to find contracts harder to win. Understandably, publishers need to invest their limited funds in projects that are most likely going to give a return. Publishers begin to hedge their bets, going for the sure thing, less and less inclined to gamble. After all, it’s all about survival. They—like writers and agents—are in business to make money. So, unpublished writers watch the market slowly dry up as fewer and fewer opportunities emerge.

Then a shift begins in the industry’s paradigm like a refreshing breeze. Technology—specifically eBooks and everything this digitalized revolution brings to the table—begins to rumble and shake the market. Everyone in the writing industry starts eyeing changing percentages as eBooks become more viable to cash-strapped consumers and a mobile society. Writers read where Amazon.com announced in July their eBooks are outselling their hardcovers, estimating that by 2011 eBooks will be outselling their paperbacks.

Authors –like Joe Konrath— start beating a drum that a new revolution is coming our way. They tell us that writers can economically step into the role traditionally held by mainstream publishers. That writers can begin to manage their own destiny, their own dreams. They can compete—granted, much like David and Goliath—in a digital market where consumers are more directly involved. Where readers are offered a wider variety of products at a lower cost. Where authors can make choices about price, title, and marketing of their novel.

Everyone watched as big-named publishers and Amazon.com started sparring in the ring like heavyweight champions struggling for the title. Publishers landed the first punch—not yet Round 1—with what they call the “agency model.” Under this plan, publishing houses will determine the price eBooks—generated from the publisher— will be sold in Amazon’s marketplace. As if to counter this blow, Amazon comes up with services for authors willing to sell directly to that company in both eBook and print form. Other companies—like Barnes and Noble—come out with self-publishing platforms for authors, offering generous royalties far and above those given by traditional publishers.

And so the war continues.

Hope begins to emerge. Writers begin to see a possibility that their novel just might reach more than test-group Beta readers or friends and family. That their writing might emerge into the light of the open market. Their dream just might survive.

So what do they do? Keep writing and trying to get their work recognized by traditional publishers and agents? Or, do they start changing strategy, venturing into this new world offered by the eBook revolution?

This new world will still require well-written, well-edited novels. However, this new world of consumers appear eager to sample new authors at a price affordable to almost everyone. The survival of the fittest still continues, but the playing field may have leveled just a little.

Here is the question that every unpublished author must start asking themselves in today’s market: Do they continue pursuing their dream down the same road they been traveling, or do they take the path not yet traveled?

A revolution may be Blowin’ in the Wind.