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  1. #1
    Ryan701's Avatar
    Ryan701 is offline Officer First Class
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    Do Police want to get these calls?

    I currently work at a financial institution. The other day a gentleman (with an account) came in drunk off his rocker. One of my co-workers was on the phone with the Police as I tried to escort him out the door. He then puked on the floor ( luckily missing me). When I tried to clean it up, he proceeded to my manager and basically harassed her. While I continued to escort him out of the building he then pissed himself on the way out. The police showed up, but ended up letting him go? Is there a reason for this? Is there anything I could/should have done differently?

    Thanks

  2. #2
    berserk is offline The reason they do psych evals
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    Puking on your floor & pissing himself isn't really a crime unless we can prove that he intentionally puked on your floor. I'm not sure what you mean when you say that he "basically harassed" your manager, that may or may not have been a crime but if it's just drunken rambling then charges aren't really likely.

    That leaves the trespass. If you told him to leave and he refused, then trespassing charges could apply. At my agency, when we respond to a trespassing complaint we only arrest someone if they have been previously barred from the place where they are found, or if it's some place that they obviously had no right to be, or if they continue to refuse to leave after we show up. If none of those apply, and they didn't commit another crime, then charges usually aren't filed.

    I'm a little surprised that they didn't take him to detox, but that's not unheard of.

  3. #3
    Five-0's Avatar
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    He would have been hooked for public intox (violation) here, and he would stay at the jail till he sobered up.

    13A-11-10 Public intoxication
    (a) A person commits the crime of public intoxication if he appears in a public place under the influence
    of alcohol, narcotics or other drug to the degree that he endangers himself or another person or
    property, or by boisterous and offensive conduct annoys another person in his vicinity.
    (b) Public intoxication is a violation

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  4. #4
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    If I had to guess there was no room at the hotel for such a "minor" offense but I'm guessing. We would have booked him.
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  5. #5
    ChesCopPodz's Avatar
    ChesCopPodz is offline Wandering son
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    Do I want a drunk smelling, puke and urine stained drunk sitting in (and smelling up) my car? Not particularly. Here, he wouldn't have been charged with anything. Our politicians, in their infinite wisdom, decided that it is not a crime to be intoxicated in public. Unless he puked on your floor to intentionally damage it, no crime. If he left when the police arrived, or unless the manager really wanted him charged with tresspass for not leaving when he was told the first time, no crime.
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  6. #6
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    E-man is offline No bird but dog and 3 cats
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    Both public intox and disorderly would fit here but they're both citations.
    Maybe a call to EMS if he is in serious alcohol hurt and have them take him to hospital for detox.
    Not usually though, we would find a way to get him home, phone calls to the wife best done at 3am when she is sleeping with the newborn works wonders for him to stop drinking
    Sadly, PA doesnt allow us to hook a drunk up and stick him in the drunk tank, they took taht away years ago
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  7. #7
    Bob Loblaw's Avatar
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    Quote Originally Posted by Five-0 View Post
    He would have been hooked for public intox (violation) here, and he would stay at the jail till he sobered up.
    1+. Not exactly a "fun" kind of call, but when someone's out in public and so wasted they can't control themselves (puking/pissing/doo-dooing all over the place specifically) or are causing problems is a one-way ticket to jail for 4+ hours around here. If they're drunk but not causing problems, not out of control and have a responsible person with them, odds are they get let go here.
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  8. #8
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    Guy's causing a problem; we're problem solvers. Here in VA, I'd have taken him for Drunk In Public (assuming there was some evidence of intoxication; you don't mention any other than the illness.) Or maybe Trespass and refusing to leave, though that's weakened because you did successfully escort him out. It's not our favorite call, and transporting a guy who's pissed and puked on himself is far from fun... but most of us have done it.

    I don't see anything you did wrong... so I'll take the cops as doing their job. My guess is that there was no idicia of intoxication; no odor of alcoholic beverages, etc. I probably would have called rescue, but it doesn't sound like there were necessarily grounds to force him to wait around or take him into custody on a mental health hold.
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  9. #9
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    I'm just going to echo what everyone else said.

    It doesn't sound like anything criminal took place. At best, at my agency, he would have been sent to detox to sober up. We don't have a public intoxication law either.
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  10. #10
    keith720's Avatar
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    Here a cite for D.C. and release to a responsible party.
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  11. #11
    Ryan701's Avatar
    Ryan701 is offline Officer First Class
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    First, I would like to thank everyone for the replies. This is great.

    Second, there was a STRONG oder of alcohol. He did not refuse to leave, but took his time exiting the building. (puking and peeing) What I meant by harassing was getting in my manager's face, asking her if she was married, telling her she was beautiful, and peeing on himself as he was doing so. Is this considered harassment? Also, the police never came in and asked us if we wanted to place charges?

    Thanks again for all the replies.

  12. #12
    jmur5074's Avatar
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    Quote Originally Posted by Ryan701 View Post
    First, I would like to thank everyone for the replies. This is great.

    Second, there was a STRONG oder of alcohol. He did not refuse to leave, but took his time exiting the building. (puking and peeing) What I meant by harassing was getting in my manager's face, asking her if she was married, telling her she was beautiful, and peeing on himself as he was doing so. Is this considered harassment? Also, the police never came in and asked us if we wanted to place charges?

    Thanks again for all the replies.
    Here is the definition of Harassment for MN:
    a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;
    targeted residential picketing; and
    a pattern of attending public events after being notified that the actor's presence at the event is harassing to another.


    So no, his actions towards your manager would not have been "harassing." And even if his actions were applicable to our harassment statute, I still would not have charged him with a crime as a result. It's not illegal to hit on a woman until you're shot down, and then continue to persist. If that were the case, every guy in every singles bar in the country, or the produce aisle of the grocery store, etc, would be considered criminals. Just because the guy wasn't "smooth" (aka - Not covered in urine) doesn't make it harassment. Just my .02.


    And also, my department is small enough that I normally have time to follow up on simple matters like this. I would have likely gone into the business and asked if everyone was ok, did the drunk break anything, assault anyone, etc. Maybe your department has too high of a call volume, or not enough officers to follow up on things like this, maybe the officers didn't care, maybe they were relying on the information the dispatcher gave them and they knew (based on that info) that a crime hadn't been committed...who knows.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

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  13. #13
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    Given the circumstances as described, I also would have contacted someone inside about the incident. And it sounds like I'd have called rescue and/or taken him for Drunk In Public. But my state and local laws allow me to do this. There may not be similar laws where you work. Or there may be a practical aspect like not having the resources to tie up a cop on the charge when the problem has pretty much resolved itself.
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  14. #14
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    armsmaster270 is offline Ret. Sac. P.D. - 270th M.P. Co., Now with D.H.S.
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    I would have called the Paddy Wagon to take him as he was drunk to the point he could not care for his own safety or safety of others.


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  15. #15
    berserk is offline The reason they do psych evals
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    Quote Originally Posted by Ryan701 View Post
    First, I would like to thank everyone for the replies. This is great.

    Second, there was a STRONG oder of alcohol. He did not refuse to leave, but took his time exiting the building. (puking and peeing) What I meant by harassing was getting in my manager's face, asking her if she was married, telling her she was beautiful, and peeing on himself as he was doing so. Is this considered harassment? Also, the police never came in and asked us if we wanted to place charges?

    Thanks again for all the replies.
    Acting like that with your manager is obnoxious, but not a crime.

    Sounds like the guy was a great candidate for detox, but I've let some detox candidates walk away when there were more pressing issues to deal with.

    Did the police ask you what happened but not ask if you wanted charges? Or did they not ask you anything at all? If they decided that they didn't have charges they wouldn't ask you what you wanted to do from there, but it would be pretty unusual for them to not talk to you before making that decision.

  16. #16
    McCrackhd's Avatar
    McCrackhd is offline Master Officer
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    I try not to guess why other officers do or do not do things, especially in another state. Like stated before, in AL you can arrest them for Public intox. Also, with regards to your manager, the law for harassment is very loose in AL. Basically harassment here is causing someone alarm or annoyance. The mgr would have been able to press charges, but she would have had to follow the officers to the magistrate if she wanted him to go right then. Otherwise, she could file a report and sign the warrant later. Also, here, if you tell someone to leave your business or home and they refuse, they are trespassing.

  17. #17
    Ryan701's Avatar
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    The city I work in is quite small, but it is possible that there were not many officers on duty that day or at all due to budget cut backs. I still thought they (Police) would have come in to ask questions about what had happened?

    It's very interesting to see how the laws differ from state to state.

  18. #18
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    Quote Originally Posted by armsmaster270 View Post
    I would have called the Paddy Wagon.
    First i find that term VERY offensive,its a epw or emergency patrol wagon lol just messing.

    To the OP we probably would have either taken him home if helived close or dropped him off somewhere that he would have had to walk it off. It sounds bad and i might get flajed but we havea LOT of morr serious crime to deal with and were already shorthanded enough.

    BUT if he was completely balligerant he would go for pub intox.

  19. #19
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    Under the described circumstances, he would have been locked up here for public drunk. If not for making a general ass of himself, then to keep him from getting hurt or bothering someone else.
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