There are many myths and misconceptions regarding law enforcement and the role, requirements and obligations of law enforcement officers. Here I will try to dispel a few of those myths and misconceptions.
Missing Persons
You must wait 24 hours to report a person as “missing”.
This is a myth. There is no waiting period in regards to a missing person report. If the whereabouts of a child, family member or friend is unknown, and you have reason to believe they may be in danger, immediately report this to your local law enforcement agency. The paragraph below was taken directly from the Missouri Highway Patrol website:
“Missouri law requires that any law enforcement agency receiving a report of a missing child or adult shall immediately enter the name of the person into the National Crime Information Center (NCIC) and into the Missouri Uniform Law Enforcement System (MULES) with all available identifying features and information” (Emphasis mine).
Below are links to two Missouri statutes that deal with missing persons reporting:
https://revisor.mo.gov/main/OneSection.aspx?section=43.400&bid=1396
https://revisor.mo.gov/main/OneSection.aspx?section=43.401&bid=35804
Many law enforcement officers are not aware of these statutes or the lack of a “24 hour” waiting period to report a person as missing. As your Sheriff, I will educate all of my Deputies in this matter, and see to it all support staff are trained to assist with a missing person report.
Civil Matters
There are many misconceptions regarding what is or is not a civil matter, and what a law enforcement officer may or may not be able to do. Let’s look a couple.
Custody Dispute
A common such incident involves child custody disputes. For example, a Deputy Sheriff is contacted because a parent has refused to return a child at the completion of visitation, or refuses to allow visitation.
If there is no court order in effect regarding such visitation, this custody dispute is a civil matter that will need to be addressed in court through the parents’ lawyers. Unless the Deputy fears for the safety of the child or children, (or either parent), nothing can be done at that moment. The Deputy should suggest a peaceable solution be agreed to by both parents, and assure there have been no laws broken. The Deputy should then complete a thorough report, outlining the circumstances and any action taken.
If there exists a current court order regarding custody and visitation, and either parent violates the court ordered agreement without good cause, the matter is now criminal. The Deputy can and should enforce the court order, seeing to it the child / children are returned to the parent who has legal and rightful custody. While immediate arrest of the non-compliant parent is an option, should that parent choose to comply, the Deputy can choose to submit a probable cause affidavit with the Prosecuting Attorney requesting charges.
Below are links to statutes regarding custody interference; parental kidnapping; and child abduction:
https://revisor.mo.gov/main/OneSection.aspx?section=565.150&bid=29327&hl=&retry=y
https://revisor.mo.gov/main/OneSection.aspx?section=565.153&bid=29329&hl=
https://revisor.mo.gov/main/OneSection.aspx?section=565.156&bid=29331&hl=
Many law enforcement officers are unaware of these statutes and believe all incidents involving custody disputes are “civil” matters. As your Sheriff, I will ensure my Deputies are fully aware of these statutes and educate them on what actions to take.
Property Line Disputes
Another common occurrence is a dispute over a property line. This usually occurs when a newcomer to the neighborhood buys a property and has it surveyed, but I have seen property disputes break out with the passing of a family elder; whereas some younger family member decides to no longer honor the accepted boundary lines.
Until a Judge has issued a court order, these incidents are civil. The Deputy can only take statements and do a thorough report. If the dispute is already under litigation, or if property damage or injury has occurred, the Deputy should submit his report with an applicable probable cause affidavit to the Prosecutor.
As your Sheriff, I will ensure my Deputies have training and an understanding of civil matters, and how to deal with them. Further, my Deputies will respond and complete a thorough report whenever called, regardless if the incident is criminal or civil.