Notary Public & Legal Support Network Blog

Sunday, April 12, 2009

Cops v. Process Servers, Constables, Deputy Sheriffs

As a process server and provider of court services, I’ve encountered the police on several occasions. I’ve encountered "city cops", "state cops" and "little town cops". The demeanor of the police has taught me a lot, as I am about to explain in this blog.


"CITY COPS" DEMEANOR TOWARDS PROCESS SERVERS AND/OR THOSE INDIVIDUALS WHO PROVIDE SERVICES THAT ARE SIMILAR TO LAW ENFORCEMENT DUTIES:

I have been serving court paperwork in Massachusetts for nearly seven years [2002 – present]. Many times I had to serve process in a city with the assistance of "city cops". Each time the police officer who stands by to keep the peace is helpful, patient and more then willing to protect and serve. They never question my services and actually understand the role of a "process server".

"City cops" don’t seem intimidated or act ignorant towards other career fields that are closely related to law enforcement. I’m sure there are a few "city cops" out there who feel that they are the only ones who can ‘do what they do’; however, I’m sure they eventually learn throughout their law enforcement career that they’re not the only ones.

I believe that "city cops" have the proper legal education and know the role each legal professional plays in criminal law, as well as civil law.


"STATE COPS" DEMEANOR TOWARDS PROCESS SERVERS AND/OR THOSE INDIVIDUALS WHO PROVIDE SERVICES THAT ARE SIMILAR TO LAW ENFORCEMENT DUTIES:

Every State Trooper, hereinafter, "state cop", that I have encountered while engaging in court services [not just process serving] has been respectful. They’ve asked questions about my duties, but have accepted the answers given to them. "State cops" have always treated me, and other process servers that I know of, with respect.

"State cops", like "city cops", have a lot on their agenda and don’t concern themselves with petty bullshit. A "state cop" obviously has a legal education and/or the experience to comprehend the fact that there are others like them who work in the criminal justice/legal fields who aren’t necessarily "police officers".


"LITTLE TOWN COPS" DEMEANOR TOWARDS PROCESS SERVERS AND/OR THOSE INDIVIDUALS WHO PROVIDE SERVICES THAT ARE SIMILAR TO LAW ENFOCEMENT DUTIES:

The demeanor of "little town cops" is different then that of "city cops" and "state cops". When I encounter a "little town cop", he/she is usually uncooperative, rude and sarcastic – especially when the "little town cop" is accompanied by another "townie".

From what I experienced during my seven years of service to the judicial system, the "little town cop" acts like I am "stepping on his toes" and/or hindering his/her authority.

They never understand my duties as a process server and automatically assume I’m impersonating a police officer. The "little town cop" and his partner[s] make sarcastic comments to one another over the radio and in-person and literally harass the process server. [Been there, experienced that!]

"Little town cops" don’t accept the fact that there are other people out there who provide the same services as law enforcement officials. They believe that a person has to be a cop in order to (1) serve court process; (2) make arrests; and (3) enforce the law.

"Little town cops" lack the legal education necessary to comprehend the roles of other legal professionals who are only doing their jobs.

"Little town cops" assume that everyone wearing a badge is a police officer. And, if you’re wearing a badge and aren’t a police officer, you must be a "whacker" and must be trying to convince the public that you are a police officer even though your badge and credentials clearly state that you are a process server.

Even though every piece of credential I carry (picture ID & badge) reads "process server", and not "police officer", "little town cops" automatically assume that I am impersonating a police officer. I’m not kidding!

"Little town cops" act like they feel threatened by Sheriffs, Constables and Process Servers. In fact, "townies" refer to them as "whackers" or "police wannabes".

In reality, however, most deputy sheriffs, constables and/or process servers are happy doing the job that they do. Nearly every deputy sheriff, constable or process server I’ve dealt with NEVER acts rude and childish when dealing with "little town cops". We don't poke fun at them and make sarcastic comments about their wannabe Robo Cop attitude. We don't minimize their roles in the criminal justice/legal fields. >>>>> So, why should they be rude and sarcastic to us?

They should do a case study on this topic. It would be interesting to read! I would like to know if "little town cops" have:

(1): Jurisdictional issues;
(2): Ego issues;
(3): Are insecure about their career outlook in small towns;
(4): Have frequent "power trips", etc.


I’m seriously thinking about writing a field guide for all the process servers of my network that will explain to them what they should do if they encounter a "little town cop".


CONCLUSION:


I seriously believe that we should all work together and hold no animosity towards other legal professionals who do the same job. By working together, we can all easily perform our jobs. Furthermore, we all play a vital part in the pursuit of justice. For example:

~ Process Servers [includes deputy sheriffs and constables] are needed by law. Why? Because no case can commence without service of process. Without process servers, no court would have proper jurisdiction.

~ Police Officers are needed to protect and serve. Why? Because without them, no one is safe.

We should all do our jobs and do them with sincerity and integrity.


15 Comments:

  • The reason I decided to publish this blog is because last week, the Middlesex Sheriffs Department was in the Town of Ayer serving a warrant. From what I understood, the Sheriffs Department called the Ayer Police Department for assistance. In turn, the Ayer Police officers were making sarcastic comments about the deputy sheriffs over the radio.

    Why would they do that? The deputy sheriffs were in Ayer doing a legit job! If the deputy sheriffs felt like they needed assistance from the "little town cops", what is the big deal? Isn't that what the police are supposed to do?

    I know if I'm out there serving a warrant and the person has a violent past, or if people are warning me about the persons temper, I'm going to call the local police for assistance. It's their job!

    You would think the police would see the value in having deputy sheriffs, constables, and process servers on the streets. We can provide a lot of good information.

    Who knows, maybe this type of nonsense and unprofessional behavior is only happening in the Town of Ayer........

    By Blogger Korey -Founder-, At April 12, 2009 at 12:22 PM  

  • Hi.. this is very informative

    Apostile

    By Blogger workhard, At July 19, 2009 at 1:09 PM  

  • THIS IS A GREAT NOTATION PIECE> PLEASE DO A STUDY I WOULD LIKE TO LEARN MORE AND I DO BELIEVE YOUR ON TRACK AS IN THE CASE WITH THE BOSTON CONSTABLE WHO WAS ARRESTED IN RANDOLPH>>I LOVE THIS SITE AND LEARN A LOT FROM IT>>I AM A NEWLY APPOINTED CONSTABLE FROM THE CITY OF BOSTON WITH A BACHELOR DEGREE IN CRIMINAL JUSTICE AND SOCIOLOGY>>>HOW CAN I BECOME A MEMBER CAN YOU HELP>>>I WOULD LIKE TO LEARN MORE AND BE CONNECTED WITH THE CONSTABLES IN MY AREA>>My email is geovannecolon@gmail.com and my name is geovanne colon

    By Anonymous Anonymous, At July 28, 2009 at 1:55 AM  

  • Hello. I have just read your blog and fully understand what you are referring to. I am a Private Process Server in the state of Alabama and have just recently experienced dealing with what you refer to as "Little Town Cops". It's unreal how ignorant they can be of the law. I was actually arrested for Criminal Trespassing and have court scheduled for today. The sad thing is that it's not even worth fighting the charges because all the attorneys that I have spoken with is saying that the charges may still stand because the "Little Town Cop" told me to leave. I did not refuse to leave, however I attempted to explain my "legal right" to serve a document & you're right...I was treated as if I was taking someone's job away from them. At that point, I guess they felt threatened & I wasn't given the opportunity to leave - I was taken to jail & had to bond out (luckily I knew a few bondsmen to call). The "Little Town Cop" was verbally abusive to me even though I never raised my voice & treated him with the respect that any police officer deserves.

    By Anonymous Anonymous, At July 29, 2009 at 6:09 AM  

  • Good article post written.

    Legal forum

    By Blogger AMIT, At August 6, 2009 at 4:50 AM  

  • As a process server I haven't had too many problems with police as long as I'm the first one to make the call.

    By Anonymous Brandon, At December 7, 2010 at 10:20 AM  

  • I am a process server out of the state of California and have received similar situations such as the ones you have spoke about above. It seems you have hit the issue dead on the nail. Personally I feel it is more of an ego issue/ pride issue than anything else. "Little Town" cops are more personal with the people that they serve therefore feel more obligated to protect them from outside circumstances (process servers). Here in San Diego as well as the rest of Southern California is where a majority of my clientele come from. The more rural areas is where I seem to encounter the most problems. I have more information on this matter on my site so if you have time go and check it out at www.processserversandiego.com Thank You.

    By Blogger ntrillo, At December 19, 2010 at 11:17 PM  

  • I got useful information from your Blog. Notaries usually absorb some time to verify the character of signers, usually done with a driver's license.

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    By Blogger Samual, At March 8, 2011 at 6:28 AM  

  • Such a great post baout las vegas process server. Keep on posting!

    By Blogger Ms Fisher, At December 13, 2011 at 11:24 AM  

  • This is a good article. I have been serving process for nearly three years in the Commonwealth of Virginia. Just last week while returning home from work I was pulled over by a county cop and charged with "impersonating" a police officer. I politely advised the officer that I was a "Process Server" and my badge clearly said "District Court Process Server." I was issued several badges by a company I worked for and ID, several I didn't carry on my person because they looked too close to law enforcement ID and misrepresented my duties as a process server and fugitive recovery agent. All I'm saying is it is VERY important that Process Servers and Fugitive Recovery Agents or "Bounty Hunters" are aware that there are a handful of Local and state "LEOs" that do not see eye to eye with our profession and DO think it is a joke. I know as well as any other process server with a badge that knocking on a door with absolutely no way to identify yourself is a horrible feeling. I was stripped of my rights to carry any identification as a Process Server or otherwise until this court case is settled. I'm a sitting duck for assault and even worse. I'm fighting for process servers all over the country now.

    By Anonymous Anonymous, At March 26, 2014 at 7:00 AM  

  • When I was a constable I carried a firearm along with my visible badge and id. The police stopped me, disarmed me and made me sit in the cruiser for a half an hour claiming the system wasn't up to verify my firearm license. I found out later the local cops hated constables because they served a divorce paper on an officer at the station who was evading service.

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