BIG BROTHER: Cottonwood Heights Offensive Policing
Channel 5 News, Salt Lake City, Utah, did a feature story about the new Cottonwood Heights Police Department’s new offensive policing policy. This is basically the way it goes: the police officer rides around the streets of the area that was previously served by the county sheriff’s department; they look for situations that might possibly create a potential crime-such as a garage door left open during the night. The officer then proceeds to stop this potential crime by waking citizens up in the middle of the night to tell them to close their garage. Some citizens said they like it, even if they are wakened at 2:00 a.m. in the morning; however, others feel that it is police overreaching and big brother in action. Now by way of a legal and constitutional analysis of such offensive policing: The 4th Amendment, the one that controls what, when and who police officers or others under color of law are to act toward citizens, guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizure, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. If we take the law and apply it to the facts, the result is an unconstitutional policy. Take the open garage door-now while that is nice that the officers would be concerned about a potential crime, they are out of line. Houses, which would also include garages, are to be secure against unreasonable searches and seizures. No problem so far, the officer is not going to search or seize; however, any action by the police must first have probable cause to believe that there has been or will be a criminal act. That is where the debate starts, issues of thought police, stopping crimes that may or may not happen-nice, but invasive. In the past year and a half, I have left my garage open over night; nothing was missing, no sign of criminal activity, and no probable cause to believe anything happened. Now I may leave my garage open for several reasons, late arriving visitors, a roommate who phoned ahead of time and told me to leave it open for a number of reasons, someone dropping something off at my house, or just shear forgetfulness. For whatever reasons I leave my garage open, I sure do not want some police officer coming to my house and telling me to close it. If I live in a high crime area, which I do not, I most likely would be much more cautious and would make sure my garage was shut. Nonetheless, it is unreasonable for an officer to interrupt my reading, watching TV, making love, or my night sleep-don’t want it. Neighborhood watches, friendly neighbors probably already know your phone number and can give you a call to remind you to shut the garage. And even if they don’t call, I chose not to have an officer come tell me to do anything. A man’s home is his castle; he is king; he is responsible for what happens; he is also able to dictate what he wants and does not want in his home or on his property. In that situation, that is a trespass in my mind. It is not an everyday occurrence to even see officers in our area, but when it does happen, there are usually nosy neighbors who want to know why the police are at your house-serving a warrant, checking on a domestic violence call, etc? The attention police draw, is no one’s business-therefore don’t draw attention to my house or my property. There is no probable cause to believe a crime will be committed and that is unreasonable action.
About the Author
Former Assistant Attorney General, Utah Prosecution Council, Criminal Enforcement, Health, Driver’s License Divisions, Utah Attorney General’s Office; Staff Attorney, Utah State Division of Aging; General Counsel, Utah Medical Association; Prof. of Family Law, University of Utah & Brigham Young University; Prof. of Argumentation and Research, Utah Valley University; Graphic Artist, State of Utah
15:14
I live in CH and I like the idea of a small town police dept and the neighborly feel.
Your blog post stated that the police “tell them to close their garage” That is simply not true. The police knock and let them know that their door is open. There is a huge difference, the occupant is not under any obligation to close their door.
I see it as a neighbor knocking on my door and saying hey did you know your garage door is open.
You call it offensive policing, we call it proactive policing.
Violation of the 4th, a little stretching.