Delayed Police Visit - Is this a real thing
September 16, 2013 5:27 AM   Subscribe

A police officer showed up to our house today stating that there was a complaint about reckless driving involving our vehicle. Six hours earlier. When we first hesitated to answer and asked for more details, it turns out this police officer was off duty and witnessed this supposed reckless driving. He threatened to write us a ticket when he showed up to our house. More information inside.

This is in the US. The officer said he witnessed our car driving erratically and speeding (neither is true). According to him, he didn't feel the need to write a ticket at that time (again he was off duty) or call another officer, but wanted to handle it by coming to our house to discuss. He said he would either write a ticket or give us a warning depending on our discussion with him.

My spouse remembers that we were in the left lane and there was a car in front of us that was moving along with us and eventually ended up following us for a while. When asked, the officer admitted that was the car they were in. Apparently, the officer wrote down our license plate number, waited until they were on duty later in the night, looked up our registration information then came to our house to discuss the situation. Six hours after the incident. Now, we're not reckless or particularly fast drivers. We had kids in the car, and were in no particular rush to get anywhere.

So my question is: Is this normal? Or even OK? This did not feel OK to us. Don't get me wrong, I appreciate not getting a ticket, but if it was that worrisome, why didn't he do anything about it at the time? Is there anyone to ask about this? Should I call the police station and ask if this is normal? Talk to his supervisor? Or just forget about it and be thankful we walked away without a citation?

Throwaway email: delayedpolicevisit@gmail.com
posted by anonymous to Law & Government (30 answers total) 2 users marked this as a favorite
 
This sounds really sketchy to me, and I have no idea what motive a cop would have for doing this.
posted by empath at 5:36 AM on September 16, 2013 [2 favorites]


If I had a name and/or badge number I'd at least go to the station, ask to talk to a supervisor and tell him or her what had happened. I wouldn't necessarily file a formal complaint, but this is not normal police behavior anywhere I've lived, and I would think that merely bringing it to supervisory attention might be all that's required to nip it in the bud.
posted by jon1270 at 5:40 AM on September 16, 2013 [22 favorites]


Wow, this reads like something straight out of a Bad Cop film. I don't really know how the police operates where you are, and it may actually be legitimate, but the word that comes to my mind is shakedown.
posted by Dr Dracator at 5:42 AM on September 16, 2013 [7 favorites]


Had you run over a little old lady in a crosswalk and sped away shooting at random people on the sidewalk, I'm pretty sure the officer behind you wouldn't have shrugged and gone "I'm off duty, I'll deal with this in six hours."

In other words, if he'd really thought your conduct was reckless, I'm pretty sure he could and would have done something about it there and then. I have no idea why he would want to do what he did, but if I were you I'd want to figure out whether that's even legal in your state.

Rather than call the police and potentially escalate the situation (at least at first) you might try calling a legal aid hotline or similar resource and get some basic info on whether this is considered acceptable in your jurisdiction. You can always call the police later if what they tell you supports it.
posted by Naberius at 5:42 AM on September 16, 2013 [6 favorites]


In many US states, it is the case that a private citizen can file a complaint against another driver that can lead to a traffic violation being issued, based solely upon the citizen's eyewitness account.

It seems like the police officer wasn't doing anything a private citizen couldn't do.

Having said that: yes, the officer's behavior is disturbing. But consider this as you decide whether to try any follow-up with the Police.
posted by Dimpy at 5:43 AM on September 16, 2013 [5 favorites]


It's not normal or OK.
posted by dfriedman at 5:43 AM on September 16, 2013


I would go down to the station and talk to someone, if only to put your side of the story on record. Where I live, using police resources (database, paid time) to follow up on a personal incident like that would be considered abuse of authority. Creating a record, even if you do not pursue a complaint, will at least make it harder for this person to intimidate you later.
posted by rpfields at 5:45 AM on September 16, 2013 [3 favorites]


Did you get a name or badge number? From ID, not just a name that he or she told you?

Call the police non-emergency line, from a number you looked up and not a number this person gave to you, and verify that this person is a police officer with that department.
posted by yohko at 5:53 AM on September 16, 2013 [11 favorites]


This sounds like a scam. Go to the police station.
posted by devnull at 6:08 AM on September 16, 2013 [1 favorite]


I'd go to the police station and make a report.

Who knows what that was all about but your interaction with police isn't supposed to make you feel weirded out and paranoid.
posted by Ruthless Bunny at 6:09 AM on September 16, 2013


When asked? Like, you mentioned the car following you before the person said he'd been following you? That's extra-fishy.
posted by Sequence at 6:21 AM on September 16, 2013 [5 favorites]


Talk to a lawyer before you do anything else. This is super shady.
posted by natteringnabob at 6:25 AM on September 16, 2013 [7 favorites]


I'm a criminal attorney in the US. However, I'm not your criminal attorney. I can't give you legal advice for a few reasons. First, you aren't my client. Second, I don't know where you're located, and jurisdiction matters. Third, I'd need more details about what happened to formulate any kind of useful legal advice. (For instance, I'm unclear whether he was on- or off-duty when he appeared on your doorstep.) If you want legal advice, seek licensed counsel in your jurisdiction.

In any jurisdiction I'm familiar with, no, what you're describing is not normal. If he believed you were driving recklessly, he had several means of recourse. Despite being off-duty, he could have pulled you over himself. He could have notified another police officer, local or state, at the time of the incident. He could also submit a complaint about your driving to your state's motor vehicle registry. Any of those would be appropriate and professional responses. What he did was not especially. It is not wildly beyond the pale either, but no, to answer your question, I wouldn't characterize it as "normal."

Having said that, I'd ask a few questions before exploring your options for recourse. Where do you live? Is it a large area where you're unlikely to encounter any individual police officer on a daily basis, or do you live in a small town? What's the reputation of the relevant police department? Some are run well. Others aren't. What are your habits like? It doesn't sound like you perceive yourself to be an unsafe driver, but clearly somebody else does. Do your habits invite potential for future legal consequences?

What you're describing does sound like a misstep on the police officer's part. Although most police officers are dedicated public servants who truly have the community's interests at heart, some of them can stumble in how they pursue those goals. Others have less pure interests and use the badge for courage. Assuming everything you've said is true, it's possible he could benefit from a conversation with his supervisor. The next step in that equation is for you to ask yourself a couple questions. What would you hope to gain? Is that result likely? And are the likelihood and reward of that result worth whatever investment you'd make from your life pursuing it?

It may be helpful to you to frame those questions this way: basically, this is the same weighing he should have done. Maybe he did. Now it's your turn. Good luck.
posted by cribcage at 6:25 AM on September 16, 2013 [12 favorites]


If you are concerned, contact Internal Affairs.
posted by Ironmouth at 6:34 AM on September 16, 2013


This person may have been trying to look inside your house and/or car, to gauge if you have interesting valuables and/or an alarm system. Contact the police by phone. (People say that a lot, and it's true, it's the right thing to do, just be prepared for them to be unhelpful and uninterested).

Get a camera to watch your car and front door.
posted by fake at 6:45 AM on September 16, 2013 [3 favorites]


I agree with calling the non emergency number. Don't tell them the officers name right away. Describe the situation and ask if this is standard operating procedure. Once you confirm whether it is or isn't, give them the officers name/ badge number to verify his identity and see what they say.
posted by MayNicholas at 6:50 AM on September 16, 2013


You believe you were not speeding, or driving reckless. When you are on public roads, this is not for you to decide.

The officer witnessed behavior that was reckless. He likely noticed your children in the car, which can add to the concern involving your driving. He observed your driving over a period of time, which is one of the ways police officers make violation decisions that can be upheld by the book.

He gave you a personal warning and let you off without a citation. These are positive steps.
posted by Kruger5 at 6:56 AM on September 16, 2013 [1 favorite]


Call your lawyer or call nobody.

Your word vs the word of a cop is less important to the ears of another cop.
posted by oceanjesse at 7:00 AM on September 16, 2013 [5 favorites]


Contact the police by phone. (People say that a lot, and it's true, it's the right thing to do, just be prepared for them to be unhelpful and uninterested).

If this person turns out not to be a police officer, you'll want to use the phrase "impersonating an officer" early on -- the police are likely to be VERY interested if that is the case.

You might consider having a friend call from a different phone if you need to verify the person is an officer, if they are indeed a police officer you don't want to raise red flags before deciding on your course of action.
posted by yohko at 7:21 AM on September 16, 2013 [1 favorite]


100% normal in my opinion. This guy was doing his job. He had no intentions of giving you a ticket, either when he witnessed your driving or when he came to your house. He just wanted you to be more careful when driving in HIS neighborhood, most likely. He probably witnessed something seemingly minor to you, like you following too close for the speed you were going or changing lanes too close to another car. He wants you to drive more carefully.

It sounds like this guy was off duty with someone else in the car with him. This means he did not have you on video, did not know exactly how fast you were actually going and did not have his paperwork with him. More importantly, he has probably witnessed enough crackheads being pulled over not to endanger the people he was with. He noted your plates and decided to deal with it when he got on shift. Calling in someone else would mean you probably would have been ticketed for something lame like improper lane change, the ticket may have been thrown out and it would be a big waste of his time, the other officer's time and your time.

Following you was probably to determine if you were an immediate threat, which you were determined not to be.

Don't look at this as haven gotten away without a ticket, look at it as a chance to re-evaluate your driving. Remember, for all those car accidents you see and hear about every day, those drivers all think they are good drivers and never do anything wrong on the road either.
posted by Yorrick at 7:29 AM on September 16, 2013 [3 favorites]


Like Dimpy pointed out, in some states a private citizen can ticket a driver. I once ticketed a driver for reckless driving, improper passing and something else that I can't remember, and he did not get the ticket for about three weeks after the incident. While your case seems weird, I think I would just let this go.
posted by katinka-katinka at 7:47 AM on September 16, 2013


My spouse remembers that we were in the left lane and there was a car in front of us that was moving along with us and eventually ended up following us for a while.

You tailgated an off-duty cop and he was still pissed off about it six hours later when he got to work.

What you consider a safe distance for following is not necessarily what everyone else considers a safe distance to be followed.

He didn't ticket you. The only negative consequence of your behavior this time is having to talk to a police officer. Quit while you're ahead. Far more bad can come from you making this a big deal than good.
posted by toomuchpete at 8:09 AM on September 16, 2013 [3 favorites]


I'd take it at face value. He saw something about your driving that concerned him and wanted to talk to you about it. Cops are human beings. Sometimes they see something and let it go, but then the incident stays with them and they decide to take action. Personally I would reflect on my driving but let the rest of it go. If he had creepy intentions, I'm sure he could have come up with a much better ruse.
posted by 99percentfake at 8:09 AM on September 16, 2013 [1 favorite]


I'm close personal friends with a cop and I can't imagine him actually doing such a thing.

If you felt unsafe, then report it. The guy might have been doing you a favor but personally- I'd prefer the ticket to a creepy home visit. You have the right to feel secure in your home and if this set off your creep-dar, then talk to your local police about it.
posted by Medieval Maven at 9:47 AM on September 16, 2013 [6 favorites]


100% normal in my opinion. This guy was doing his job. He wants you to drive more carefully.

And yet, he began the encounter with a lie -- he stated "that there was a complaint about reckless driving involving our vehicle" when the only complaint was his. Six hours later, he's got nothing better to do than harass you. I'd be talking to an attorney, just in case; but cribcage makes a good point -- this doesn't sound that out of line, in a small town.
posted by Rash at 10:23 AM on September 16, 2013 [2 favorites]


This is unprofessional and creepy-as-hell. A police officer has no business tracking you down and visiting your home just to give you some vague warning about some supposed unsafe driving. This is borderline stalker-ish. Did they leave a "warning"? Do you have anything signed by the supposed officer?

Are you positive this was a real police officer? Bad guys have been known to pose as cops for a variety of nasty reasons.

I would consult with a lawyer and see what their opinion might be. Alternately, I would see if your police department has an ombudsman you can speak with.
posted by Thorzdad at 10:33 AM on September 16, 2013 [2 favorites]


I would verify who he was, making sure his physical description matched even if they say there is a cop by that name. That sounds ubersketchy.
posted by St. Alia of the Bunnies at 11:24 AM on September 16, 2013 [1 favorite]


If you do choose to go to a station house, I'd recommend bringing a friend with you.
A few numbers for local news stations handy might not be a bad idea either in case you both are seemingly detained for a long period of time while the "police" have to get an "official" person to take your report.

Bad times for police lately; kinda disgraceful of what the "Police" are supposed to be.
posted by buzzman at 4:18 PM on September 16, 2013


Did the person who appeared at your door appear in uniform? Did he present a badge or other identification?
posted by Conrad Cornelius o'Donald o'Dell at 9:02 PM on September 16, 2013 [1 favorite]


I am not your lawyer, but I am a lawyer. DO NOT GO to the police station or talk to this officer. What he did was try to get you to make incriminating statements. Pretty coercively. In this situation, he is not your friend. If you see him again, say you're not comfortable talking to him without an attorney present. Be polite, but be firm. You have rights, use them. If you feel stuck, say "am I free to go?"

You can't help yourself by talking to him, but you can and almost certainly will hurt yourself.
posted by emmatrotsky at 9:18 PM on September 16, 2013 [4 favorites]


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