Colour of Law Question

I'm certainly tracking and I understand your points and perspective. This brings to light an interesting issue regarding one of our specific statutes here in Washington State. It reads:

"Any law enforcement officer who assists in or is in attendance during a planned forced entry is immune from civil action for damages arising out of actions taken by the bail bond recovery agent or agents conducting the forced entry."

Do you believe that this might not even hold ground in court or is it still an effective barrier in limiting the liability of an officer or department? Also, do you see a difference in how color of law is a factor relative to civil vs. criminal liability?

Joshua,
It would be unprofessional to speak to the law as I am not an attorney, my opinion is a different matter.

"Any law enforcement officer who assists in or is in attendance during a planned forced entry is immune from civil action for damages arising out of actions taken by the bail bond recovery agent or agents conducting the forced entry."

I would be interested in how they define a "Planned Forced Entry", is responding to a call for assistance planned? What if the BEA successfully talked his way inside and there is no forced entry? Clearly, they don't want to be responsible for the actions of others and this statute may make them comfortable in assisting as opposed to "We don't back up bondsmen" responses so prevalent these days.

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 wouldn't dream of asking for any manner of legal interpretation from you sir. Your opinion, however, is highly valued and I seek any input that you or other knowledgable members might feel inclined to provide, particularly since I was one of the individuals involved in creating the language that includes this section and am always open to perspective and opinion. I am now involved in working on the attempt to bring bail bonds back to Oregon and that will entail a significant amount of drafting legislation so this is a good topic to address for future reference.

The section was added specifically to address the concerns of law enforcement assisting in our efforts. As most can probably relate, liability is often at the forefront of an officer's mind. It has been a rather successful approach to building the relationship with LE (it was just passed into legislation at the beginning of this year so time will tell) and has so far garnered positive feedback from the LEO’s that are aware of it.

The definition of "planned forced entry" has been one that hasn't been very clearly defined (the very first bit of legislation regulating recovery work was effective January of 2006 so there have been changes and adjustments made to it since then). It was originally left up to the discretion of the department of licensing, which regulates recovery agents, but as of this year, the definition will be as follows:

Forced Entry: A physical entry into a dwelling without the expressed consent of the dwelling’s resident or representative, limited to the initial point of entry into the dwelling

"Planned" Forced Entry (while not separately defined) refers to a forced entry where the opportunity to plan a forced entry is present, such as a barricaded subject. This would exclude any incident where there is not an opportunity to stop and plan a forced entry, such as pursuit into a residence, etc (unplanned forced entry).

We might be getting a little bit off track here, but I thought that section would be an interesting subject to discuss considering the context of color of law.

Thanks much for the insightful dialog!

Joshua,
The point of this board is to discuss these matters and have mutual benefit from it. The laws that govern us must be well thought out, to include knowledgeable persons such as yourself, providing input to legislators or become one. Nobody that I am aware of adjudicating these issues or writing Bail law care enough about the whole picture to put the time in required to be fair, accurate and responsible. Your efforts to that end are known to me and you are to be commended.

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)