Quote:
If they use the word "trespass" to the LEO it's his call. I may have a problem over here. If he says leave, I'll leave but I'll drive straight over to have a conversation with his boss.
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We're getting Off Topice here, but to clarify, no, it's really not his call.
You're there lawfully, as an officer of the court.
Any officer with more than an year on the street should realize that and support your being there.
I've ran into one or two situations in 20 years, mostly with City LEO's, simply because they don't have a lot of interaction with process servers or civil law. That's primarily the realm of the Sheriff.
I've even had one tell me, "this is your turf, I don't have the foggiest idea!
What should we do?"
Once I showed him the statutes and did a brief (yes, I can be brief when absolutely necessary), he was on board and we did what had to be done.
I've had them come to the scene, the party to be served would run out and "demand!" that I be arrested for trespassing! At which time the officer says, your are????? or says's you're Mr. "X"?
Of course, knucklehead, thinking he's going to get rid of the process server, quickly ID's himself to the officer
Without exception, they've always responded along the lines of "this gentleman has something for you"
, at which time we serve them.
Afterward it usually goes like this:
Officer: You done here?
Me: Yes sir!
Officer: Have a good day
Me: You to man! (or ma'am), and stay safe!
When you're done, you're done.
Hang around and your're tresspassing.