Process servers are professionals out doing their jobs, but sometimes evasive defendants and even law enforcement officers who have little or no experience with serving court papers try to interfere with the professional duties of the process server in Ardmore. Indeed, sometimes they will even try to claim that a process server is supposedly “trespassing,” attempting to force them off the property. Some stupid police officers even issue trespassing citations to these officers of the court, even though if a sheriff’s deputy were there doing the same job that would never happen. None of it ever makes much sense, but since defendants and most law enforcement officers have little respect for Oklahoma process servers, their microaggressions and even outright illegal actions often make it much more difficult and sometimes impossible for process servers near me to complete their jobs properly.
To combat this idiocy, the owners of our private investigation agency in Shawnee, OK have put together a list of helpful tips that each process server in Oklahoma City and private investigator in Ponca City can use to assist with the successful completion of their professional duties. Thus, when defendants and process servers find themselves confronted by difficult municipal police, deputies who do not serve court papers, and wayward defendants, the following tips will be helpful:
Know the Law: Carry Copies of the Oklahoma Rules of Civil Procedure & the Federal Rules of Civil Procedure:
Every process server in Chickasha needs to carry copies of both Oklahoma’s state and federal process serving laws. By having copies of the laws on hand when going out to serve court papers and other legal documents, process servers can have something in hand to show ignorant cops and evasive defendants, if the need some schooling. Every process server in Enid, OK must take great care to know what those document say though, before whipping out a copy.
Be Familiar with Trespassing Laws & Keep Written Copies of Them on Hand:
Each municipality can have its own definition of trespassing laws. So, while many private property/off-limits places include private roads and businesses/residences with a locked gate and a posted “NO TRESSPASSING” signs also posted. If either one is absent or if a road is public, then no trespassing has occurred.
Other than what we discussed above, process servers and sheriffs’ deputies alike have the right to go to the front porch of a defendant’s residence or enter a business to deliver a court paper. If the individual is inside, the process server in Clinton, OK has the right to give the papers, just as a sheriff’s deputy does. Defendants and even municipal police alike may try to claim otherwise, but their ignorant selves can just deal with it.
Always Utilize Both Body Cameras & Dash Cameras:
One important thing for Oklahoma City process servers to always do is to document everything. Body and dash cameras help document everything that happens, both before, during, and after the delivery of the court documents. If the respondent gets violent or tries to lie and say that valid service of process never occurred, then the video camera will serve as evidence to the judge that will contradict those claims. Likewise, if a dumb cop or defendant tries to claim that the process server in Choctaw, Oklahoma was somehow “trespassing,” then the officer of the court can prove otherwise.
Remain Aware of Off-Limits Places:
As mentioned earlier, some places are indeed off-limits for even the best process servers to go onto/into, and these are as follows:
Residences and Businesses with a Locked Gate and a “No Trespassing” Sign:
Most municipalities prevent process servers and even deputies from going onto a property with both a locked gate and a sign which clearly indicates that trespassing is not allowed. An appeals court in Oklahoma has ruled that process servers do have some limitations on where they may go, but remember that they may still go to most places to complete their job.
Private Roads:
Private roads are another technicality where neither process servers nor law enforcement personnel may go onto. Police may, if they have a warrant or at least probable cause, but otherwise, the laws even prohibit them from going onto a private road the government does not maintain and thus restricts their movement.
Inside of Residences:
Obviously, unless the defendant invites the individual inside, neither a sheriff’s deputy nor a process server in Tulsa, Oklahoma may go inside of a respondent’s residence. Police may, if they have probable cause that a crime is occurring or if they have a warrant for a criminal case, but neither they nor process servers near me may go inside a person’s home residence otherwise to complete service of process without explicit permission from someone living there or who owns the building.
Remember Oklahoma is Not a “Stop and ID” State & Enforce It:
Too many Oklahoma police officers prey upon uninformed citizens and other residents who are unaware they cops are not allowed to ask for a person’s ID without probable cause. If they pull you over for speeding or stop you while robbing a bank, then sure. But if a person is merely sitting in her vehicle on a public road listening to music, then the law does not permit police officers to ask to see a driver’s license, passport, or state ID.
The fact that Oklahoma is not a “stop and ID” state is a very wonderful thing, because otherwise, it would enable bored, racist, ignorant cops who want to go on fishing expeditions to harass good, innocent people the mechanism through which to do so. Thus, if a police officer comes up to a process server who is sitting down the road watching a house or business and waiting for the defendants to come or go and demands to see identification because they have gotten calls about “suspicious” behavior, the process server in El Reno, Oklahoma or even a private eye may tell them to go take a hike and should refuse to show them any identification. Indeed, merely sitting in a vehicle is not “suspicious” in nature whatsoever.
If process servers in Mustang and private detectives do not enforce this right to be free from unlawful, unwarranted demands for identification and tell police who they are or why they are there, it could blow their whole case. This is especially true in smaller towns where everyone knows one another, because even cops can tell the homeowners or other callers who the process server in Yukon or private investigator in OKC is and why they are there. Even if the law enforcement officers do not directly tell the person of interest (POI) and just tell another neighbor who had called in to complain about the licensed professional’s mere existence, that individual could easily communicate that knowledge to the defendant/respondent.
Sitting on public streets in one’s own vehicle is neither “suspicious” or trespassing. If you are a process server in Edmond, OK or a rape private investigator sitting on a public road minding your own business and a police officer comes up to you demanding that you show ID and/or asks what you are doing, just respond with, “I am sitting here on this public road minding my own business. What are you doing, Officer?” If they persist, then you can gently but firmly and assertively remind them that Oklahoma is not a “stop and ID” state.
Speak with Supervisory Police Captains, if Necessary:
If a deputy or other law enforcement officer ever threatens you or interferes with your work when you have not done anything wrong, then immediately demand to speak with the cop’s captain or even the chief of police/sheriff. They may or may not aid and relief from a less experienced, ignorant law enforcement officer, but at least they should have some additional training and experience to better assess the situation.
File the Needed Complaints & Lawsuits:
Never hesitate to file complaints with the city/county or internal investigations at the police departments. You may also file lawsuits that include subpoenas to force police and defendants in civil cases to turn over vital records. Process servers in Muskogee must always hold these public servants accountable, and they must also remember that police rarely, if ever, come to the aid of process servers and homicide private investigators, yet they hypocritically demand that we respect their work and cooperate with their directives.
Document All Illegal Behavior by Police and/or Defendants on Your Affidavit of Process Service:
Every process server in Altus, OK must always document all violent or illegal behavior on their affidavit of process service, whether the offending party was the respondent, a family member or friend of the defendant, or at the hands of a law enforcement officer. By doing so, the process server in Del City helps the client inform the judge in the case about what happened and begins the vital paper trail.
Join Professional Organizations Like the National Association for Professional Process Servers (NAPPS):
One other thing that process servers in Lawton, Oklahoma can do to help prevent ridiculous, frivolous claims of trespassing by ignorant municipal police officers and defendants is to join professional associations like NAPPS. While there, process servers can network, get more up-to-date information about the latest process serving laws, and more.
These are just a few of the many ways that process servers can combat sly defendants and ignorant police who want to stand in the way of them being able to successfully deliver court papers and other legal documents to someone. If you want to know other things you can do to help protect yourself, then please read our other articles and/or contact the owners of our PI agency in OKC for additional assistance and guidance.
