Attitude, Going In!

Howdy Folks!
On a thread in another board, there was some discussion about the attitude when approaching a skip for apprehension and arrest. It led to some interesting dialog and got me to thinking.

Sure, going in all mellow and calm and effecting an arrest without much rumpus is what we'd all prefer to do. You can bet your last Morgan dollar that I (along with the boys on our team) certainly would prefer that type of arrest. But in contrast, there are some whereby you just don't let your guard down. You're gonna be wary going in, vigilant during the arrest, cautious when hauling the defendant to jail, coiled and ready to respond once you get there and law enforcement has taken custody of that person. Once clear, and no longer riding herd on a skip, maybe back with your team at the local waffle house or in the comfortable confines of your cars, then you can relax.

Situations that raise the awareness level considerable include rap sheets festooned with felony charges, meth abuse in particular, assaulting LEOs, assaults involving weapons, and other such shenannigans. Some rap sheets will inspire a much higher level of wariness than others.

Now I ain't pontificating any particular perspective here, other than being vigilant at all times, wary and situationally prepared, hopefully employing a modicum of wisdom when confronting some of these hombres. There are times when approaching a fugitive all calm and mellow will result in a calm and mellow arrest. There are other times when the very same approach will lead your fugitive to view it as weakness, and an opportunity to lash out, taking you by surprise. Then again, there are times when you just need to be locked and loaded, as with tweakers who are paranoid to begin with. They are the most unpredictable and usually most dangerous.

It's the whole escalate/descalate contact situation that lies at the bottom of any particular contact. Sure, you want the lowest level of escalation approriate to the specific situation. You can always escalate from a lower level of readiness in response to how the fugitive reacts to your desire to arrest him/her. When you have a customer draw a pistol on you, you are unlikely to settle for harsh language. That sort of thing.

It got me thinking back to an incident in my college days, when I found myself confronted with the unknown, and a level of peril I could not define.

When living in Wyoming, I took a college class in spelunking. That seemed innocuous enough. Crawling around in caves on hands and knees, exploring passages carved by nature in the earth. Seemed harmeless enough. And that's just how the first cave turned out. A real harsh awakening came about on my second expedition with the class when we traveled to the Big Horn Mountains to spelunk a cave known as "The Natural Trap". There is an intersting story to how it got that name, but I ain't going into that right now.

The Natural Trap is on a gently sloping plain at the foot of the Big Horns. There, in otherwise ordinary looking prairie, you come upon a hole in the ground. That hole is easily large enough to accomodate a full sized automobile. It is shaped like a fish bowl, with a rim and straight drop to the floor of the cave some 85 feet down. Once you get below the rim, the walls of the cave bowl outward so you cannot reach them. The only way into that cave is by free rappel down a rope to the floor. The idea that I might be called upon to tangle with ropes and 85 foot drops hadn't entered my mind until that moment, and I wasn't at all comfortable with the notion I was about to end up going down that hole!

The rope rigger was busily securing lines, and I could see that he knew his job and appeared real competent. Once the first few guys were safely down inside the cave, I glanced over the edge. Their carbide headlamps glowed in the darkness below looking like fireflies at 300 yards! The notion of going down that rope was as intimidating as anything I had run across all day, and I made no effort to conceal my concern. I was scared spitless and readily confessed to such apprehensions as crossed my mind.

Leaned up against the bus, considering the possibility of my imminent demise, one of the other students sauntered up to me and asked "So... you're scared are you?"
I replied "Damn straight I'm scared."
His own demeanor softened visibly as he confessed "Yeah, I'm scared too. So what are you going to do?"
"Well, I'm gonna go down that rope is what I aim to do! I might be screaming all the way to the bottom, but I'll go down that rope!"
My fellow student smiled at my answer, as if I'd made up his mind for him. Funny, but he was probably thinking he was the only one scared, but didn't want it to show for fear of what others might think. Generally I don't much care what anybody thinks. I tend to put things out the way I see them! And I wasn't at all festive about an 85 foot drop to the rocky floor below with only a rope (not a nice think one like we'd use on horses, but a real thin looking nylon job) to hold me back from a bad ending!

Still leaning against the bus after my fellow student wandered off, and still considering my mortality in general, the rigger approached with a big grin on his face and asked "So... you're scared are you?"
"Yes!" I answered. "I'm scared out of my boots, but I'm fixing to go down that darn hole!" The rigger's face broke into an even wider grin as he clapped a gloved hand on my shoulder. "Good! Stay scared! Fear is your friend and you need to embrace it. Stay scared. When you ain't scared, you get cocky. When you get cocky, you get complacent and make mistakes that can kill you dead. So long as you are scared, you'll remain careful and cautious. Not to mention, alive!"

By now you may be festering a question about the relevance of all this. The point being, as a fugitive recovery agent, I've come to appreciate what that rope rigger in Wyoming told me all those years ago. I've felt fear when going on arrests, and know it to be a friend. If I am a bit scared, it works to my advantage. If I am a bit scared, it rips away all else but the instant moment. It raises my awareness and elevates my caution. I am certainly not taking anything for granted and fully awake to the situation at hand. Functioning on all cylinders, so to speak. I ain't talking about mind numbing fear that tends to immobilize a person, but a level of alarm sufficient to remove all trace of complacency. A healthy level of fear or alarm that keeps each of my senses fully keyed to the situation.

And I hear his words "Fear will keep you alive!"

Guess I'll find out on each new arrest. It proved itself at the Natrual Trap, and I came out of that one okay. It has proven itself on some arrests I've participated in thus far. And I expect it will keep me alert and wary on those to come.

What I'm trying to say is there are some real dangerous folks running around out there, just as soon kill you as go to jail and won't hestiate to drop you like a bad habit. Being wary and planning real well in advance (having your ropes rigged up tight) and a little apprehension to keep from making mistakes might save my hide. And somebody you can trust to hold you “On belay” when you find yourself in the hole at the end of your rope.

It has become part of my mental preparedness to embrace such apprehensions as may take hold, and use them to keep me prepared and ready, all senses working on high alert.

Some will understand my meaning here, some won't. That's okay too, so long as you are staying alive and ready to counter any unknown or unexpected elements when going after a fugitive.

Stay Safe!
Mel

_________________
Mel Edington, Fugitive Recovery Agent
CDOI 2011-117
Colorado Private Investigator,
DORA PI10000052
Athame Investigations,
division of Colorado Bounty Hunter LLC
Aurora, Colorado
303-343-7111 Office
303-319-1077 Cell
303-366-3189 Fax

Available for Fugitive Recovery, Process Service, Investigation and Legal Courier Service.

Mel,
I am scared on every apprehension, and I have made a couple of apprehensions. Do not confuse the "Low Impact" methodology with being inept, careless or not cognizant with one's surroundings or eminent peril. We all have to be keenly aware of our target, the place where we make the apprehension, and the community that surrounds the place.

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

I treat them all like I did as a street cop. They are all armed, they all have AIDS. Never once in all the fights I had on the street did anyone try to take my gun. About one year into this work, I had a guy in a million dollar beach home in Huntington Beach try to take my gun. Thank god for years of training.

_________________
SheepDog562
All over the left coast.
Anytime, anywhere.

Howdy Pardner!
I hope I did not convey that particular impression, because it certainly wasn't my intention. Just that low impact sometimes ain't the best approach to every situation. Maybe that's a better way of putting it.

Anyhow, I thank you for responding and as we go out on an arrest tonight, my team is all hoping for a nice low impact arrest. One never knows until the situation unfolds. We're all hoping for the best however.

Watch your Six!
Mel

_________________
Mel Edington, Fugitive Recovery Agent
CDOI 2011-117
Colorado Private Investigator,
DORA PI10000052
Athame Investigations,
division of Colorado Bounty Hunter LLC
Aurora, Colorado
303-343-7111 Office
303-319-1077 Cell
303-366-3189 Fax

Available for Fugitive Recovery, Process Service, Investigation and Legal Courier Service.

Howdy Pardner!
That's an interesting perspective. Cops have all manner of duties, any of which could turn ugly. Even a routine traffic stop can turn deadly. Cops, in particular, never know what that next contact will be, and their "spidey senses" must always be on high alert. Domestic situations are often extremely hazardous to the health of an LEO, so they approach situations with readiness to respond to the unexpected.

FRA's, on the other hand, seldom deal with anything that doesn't have potential to prove perilous. We don't write traffic tickets, don't go talking to neighbors about their barking dog, and don't respond to noise complaints about loud parties. We only go after guys who have skipped their court date or the bail bondsman wants them taken for revocation of bond or similar reasons that mean we are out on an arrest whenever we go hunting. Most of the folks we go after don't relish the notion of going to jail. Many of those will resist. Usually they'll try to talk their way out of it; "Gee, I didn't think my court date was until next week." That's a fairly common one. Mostly the guys we go after have a record, and depending on what we see in that record will sorta dictate how we approach a particular individual. But in all situations, we will prepare to the level of expected threat.

We hope to make nice low key apprehensions. Sometimes it works out. Other times it doesn't go at all well.

Thanks for your input, and appreciate your participation in the discussion.

Stay Safe Out There!
Mel

_________________
Mel Edington, Fugitive Recovery Agent
CDOI 2011-117
Colorado Private Investigator,
DORA PI10000052
Athame Investigations,
division of Colorado Bounty Hunter LLC
Aurora, Colorado
303-343-7111 Office
303-319-1077 Cell
303-366-3189 Fax

Available for Fugitive Recovery, Process Service, Investigation and Legal Courier Service.

Uhm . . . No. No you are not.

You do NOT have the 'authority' to 'arrest' anyone. PERIOD. That is the 'job' of LE.

You, ONLY carry the power of 'taking into custody' . . . meaning 'taking possession of'.

I wish you well in your ventures.

The Bounty Boys were the subject of our last two CE Classes.

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN

What she say

The Bounty Boys

_________________
The Rose Investigations LLC
Collection Agency
Security & Investigations Consultant
Retired Private Investigator & Bail Enforcement
NAM VET 1969- 1975 US Army (RECON)
Office 260-220-3877
1-888-631-5520
Fax 260-456-6062

I'm going back to bed.....

_________________
Kate
650.863.8470

" Yeah, I see ya, you ding dong..."

I am always prepared.... and I always keep my lime green water soaker loaded with the best Clorox Walmart sells... cause you never know when a deal is gonna turn....'dirty'... and Clorox will "save the day'!!!

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"

Howdy!
The opening argument regarding "arrest" is inherently flawed. Rather than me argue the point, I'll simply submit the following in response.
------------------------------------
Bail Agent’s Arrest Authority.
COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 7. BAIL BONDING AGENT § 12-7-101
(1.5) "Bail recovery" means actions taken by a person other than a peace officer to apprehend an individual or take an individual into custody because of the failure of such individual to comply with bail bond requirements.

ar·rest
verb (used with object)
1.
to seize (a person) by legal authority or warrant; take into custody: The police arrested the burglar.

C.R.S. 16-3-201. Arrest by a private person: "A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest."

A private citizen may arrest for any crime committed in his presence. Schiffner v. People, 173 Colo. 123, 476 P.2d 756 (1970).

Officer outside of jurisdiction arrests with authority of private citizen. A peace officer acting outside the territorial limits of his jurisdiction does not have any less authority to arrest than does a person who is a private citizen. People v. Wolf, 635 P.2d 213 (Colo. 1981).

When "in presence" requirement met. The "in presence" requirement of this section is met if the arrestor observes acts which are in themselves sufficiently indicative of a crime in the course of commission. People v. Olguin, 187 Colo. 34, 528 P.2d 234 (1974).

F.B.I. agent had authority as private citizen to arrest one escaping from police station in his presence. Schiffner v. People, 173 Colo. 123, 476 P.2d 756 (1970).

Hospital security guards, like any other citizens, have the power to make a citizen's arrest. People v. Olguin, 187 Colo. 34, 528 P.2d 234 (1974).

An arrest must be first authorized under this section before a private person can use physical force to effect the arrest. People v. Joyce, 68 P.3d 521 (Colo. App. 2002).

Applied in People v. Lott, 197 Colo. 78, 589 P.2d 945 (1979).

Got plenty more references, but not plenty of time this morning. Sorry for the quick reply, but hope it serves to settle that partiuclar point.
But if not, how can an FRA be charged with false arrest if they haven't performed the act of 'arresting' somebody to start with?

Stay Safe out There!
Mel

_________________
Mel Edington, Fugitive Recovery Agent
CDOI 2011-117
Colorado Private Investigator,
DORA PI10000052
Athame Investigations,
division of Colorado Bounty Hunter LLC
Aurora, Colorado
303-343-7111 Office
303-319-1077 Cell
303-366-3189 Fax

Available for Fugitive Recovery, Process Service, Investigation and Legal Courier Service.