Process Server SafetyServeNow Education SeminarNovember 17, 2016

Procedural Due Process Service of process remains

the most reliable and efficacious way to both ensure compliance with constitutionally imposed due process requirements of notice to a defendant and the opportunity to be heard

Our RoleMany do not understand the role

of a process server ◦We are the messenger◦We are a disinterested third party◦We are protecting their constitutional

right to “due process” by providing notice

Fact or FictionIn regards to service of process,

we have the same authority as the sheriff? ◦Denied access to gated communities◦Denied the ability to serve at the

workplace◦Can be asked to leave a property◦Prohibited from effecting service on

federal property◦Unless it is a criminal issue, we are

equal

Process Server SafetyIn addition to avoiding service,

recipients are becoming aggressive ◦Threatening physical harm ◦Chasing servers ◦Assault us◦Brandishing weapons

Process Server SafetySafety is of concern for process

servers across the U.S.◦60 year old female severely beaten◦Process server chased to his vehicle◦Man brandishes a gun during service◦Process server bludgeoned to death◦Process Server mauled by dog

Influences of AssaultHad a bad dayTo much TV (Pine Apple Express)To much YouTube

◦291,000 plus results◦All Worked Up (Bryan McElderry)◦I Love Lucy (S – E3 and S2- E27)

Some people are aggressive by nature

News Flash

There is nothing we can do to eliminate assault of a process

server

Reduce the Risk of AssaultThere is no lawNo form of defenseNo proclamation of protection

Reduce the Risk of AssaultThe best plan of action

◦Think safety first◦Serve ‘em and leave ‘em

A Plan of ActionDevelop techniques to reduce

your risk of assaultAttempt to diffuse aggressive

encountersDocument your actions and the

actions of othersHow to talk to the police

Reduce the Risk of AssaultDevelop a Safety first mentalityIt is ok to say “No”

◦You do not have to take on work, which puts you or your servers at risk

◦No serve is worth risking injury or your life Ok to pass up an attempt, for safety sake

The Right Tools Comfortable shoes

◦High heels and sandals are not “get away shoes”

Self Defense◦Pepper spray or Taser

Use as a last resort Learn the proper way to deploy Do not practice on yourself

◦LED Mag Flash Light

Reduce the Risk of Assault

Get off your cell phoneIn your pocket, on silent

Reduce the Risk of AssaultKnow who you are servingAlways keep your guard up and

be aware of your surroundingsServe at decent hours, if possible

◦Our company policy is 7 am until 10 pm Let “odd” hour attempts be “the

exception” not “the rule” Swing and night shift workers Surveillance

Reduce the Risk of AssaultKnow the neighborhood you are

serving ◦Serving 2 blocks north and south of a

high crime area is much different than serving in the suburbs

◦Create a safe route Take advantage of the daylight Serve in rough neighborhoods first

Civil AssistIf you know the person you will

be serving is aggressive, call local law enforcement and request a civil assist◦You may have to wait◦Better than suffering a “beat down”

Reduce the Risk of AssaultCheck your attitude at home

◦Do not prejudge◦Do not be “bad cop” with no “good

cop in site◦You have no authority to make

demands or threats◦You are not the “Unknown Comic”◦Do not wander around the property◦Who do you think you are “Peeping

Tom”

Approaching the HomeBe aware of your surroundings

◦Is the property dark◦Is there a group of people on the

porch◦Is there a gate, is it locked ◦Is there a dog or warning sign◦Is the front door on the side of the

house◦Is the path clear to the door

Approaching the HomeDevelop an exit strategy

◦Objects to help you fend off vicious animals

◦Look for places which could provide cover

◦An escape route

Approaching the HomeRing the door bell and step back

from the door◦This non-verbal communication; non

threatening◦Offers more distance between you

and the person answering the door◦Offers a better view of the front of

the houseListen

Do Not Go InsideThere is “never” a reason to

enter the home◦Break the threshold of the door

(Trespass)◦Easy to make a claim you broke or

stole something◦Remember Colorado’s “Make My Day

Law”◦Do not give them an excuse

One For The AgesBeware of scantly clothed

individuals◦Who in the world answers the door

wrapped in a towel and asks you to come in

At the risk of repeating myself◦There is “never” a good reason to go inside a home

◦A claim of an “inappropriate touch” is difficult to defend

Do Not Go InsideHow to politely turn down an

offer to enter a home?◦I am sorry, if I go in, I will get fired.

You won’t want me to get fired, would you?

◦They always say “no”

Serve ‘em and Leave ‘emIf asked what this is about, just

keep walkingNews Flash

◦You are not their attorney◦You are not their friend◦You can not give legal advice

Serve ‘em and Leave ‘emYou should be halfway to your

vehicle◦Before they start talking crap and

calling you names◦Remember the wise old saying

Sticks and stones may break my bones, but words will never hurt me

You should not respond, under any circumstances

◦If chased, you have a head start

Reduce the Risk of AssaultPerforming Surveillance

◦Inform another person of your whereabouts

◦Always notify local law enforcement of your location and purpose

◦Adjust mirrors to monitor vehicle◦Stay alert of your surroundings

This is not the time to watch Netflix

If An Assault Is ImminentIf possible, beat feet

◦Begin retreating, keep your eyes on the threat

This is not the time for your “inner comic” to emerge ◦Trading insult◦Making derogatory remarks ◦Getting the last word◦Nothing good will come from this

If An Assault Is ImminentOnly speak in regards to talking

them out of approaching you◦I am just the messenger◦I don’t think you want to do this◦Nothing good will come from this◦You will be charged with assault

If An Assault OccursDo not become the aggressor

◦Self-Defense (defined) the act of defending one's person when

physically attacked, as by countering blows or overcoming an assailant

“overcoming an assailant” who continues to attack

You have a “right” to defend yourself◦You are not a punching bag

However, “do not” throw the first punch

If an Assault OccursUse the same level of force, however

◦If they push you, you do not have to push back

◦I can change “push” to “hit” ◦The idea is to get out of there without a

scuffle, unless absolutely necessary◦They push you and you beat the crap out

of them (You became the aggressor)◦Do not bring a weapon to a fist fight

(Excessive force)◦Use enough force to “get away”

Police ContactImportant event facts

◦I was serving court documents◦The man became aggressive◦I began to retreat, to my vehicle◦He continued to approach me, I felt the

threat of injury◦He attacked me, I defended myself to get

him off me◦I called the police after I got away◦I did everything I could to avoid this

encounter

Police Contact

Then shut up

Documenting Your Action(s)The use of a recording device Video with audio is preferred

◦Record every attempt◦Create a system to archive the

completed serves and any service attempt where there was an issue

Incriminating YourselfYou are the “star”

◦Recordings show your imperfections◦Just because you recorded it does

not mean they will overlook your part in the chaos

Always act in a professional manner

Documenting Your Action(s)You should be comfortable with

your recording device◦How it is worn, hidden or exposed◦Unobstructed view

Perspective is key◦Field of view is important◦Clear sound◦Sync’d Date and time stamp

Recommended EquipmentPivot Head Glasses

◦Ease of use◦Natural look (covert)◦Fast to turn on and record◦Video or pictures (1080 resolution)◦Great in low light

Recommended EquipmentGoPro

◦Great dash camera◦Great during surveillance◦Minimal coverage of the front door◦Perspective is important

Practice, Practice, PracticeBe familiar with your equipment

of choicePractice makes perfectRecordings are for your

protectionDo not be selective of what is

recorded

The Bottom LineIf you do not remember anything

else from this presentation, remember

“They do not pay you enough to put your life at risk”

My HopeIs you never find yourself being

assaulted and I hope you found this presentation useful in reducing your chance of assault

About MeSteven D. Glenn

◦President◦Process Servers Association of

Colorado (PSACO)

www.psaco.org sdg@mdpriority.com720-253-5773