Expert: Loren Stevens - 10/29/2007

Question
was just watching tv (not a fiction show) and a lady called the police because...are you ready? "my husband just took my wallet and cell phone from my purse and took a shotgun of his and left in his car with nothing but a towel wrapped around his waist". Where is the crime in this? Thank you. (kind of laughing...) Isnt a person allowed to drive with a towel around the waist? and as for the shotgun, if it is registered who is to say he can't take it for a ride in his car? as for taking his wife's wallet and cell phone, how can you steal from your wife? Please give a serious answer. I am not trying to make a joke out of this. i don't see where this guy did ANYTHING illegal.

Answer
Hello Jim,
I can appreciate your point of view. On first blush, coupled with very limited details, and "law" being specific, one could draw a conclusion as you've done. However, to over simplify a potential complex set of circumstances, or render generic, may also border on negligence for the police.
So, a call for police service by a citizen is the trigger for response to this call, and the sparse details warrant the initiative for a preliminary inquiry for more details. "Things" are rarely what they are purported to be, on first blush.
While the assigned officers are enroute to this call, dispatch will reference a computer indices on the address, complainants' name, and her husband's name. This is routine, and assists the officers with more information prior to arriving. Is there a pattern of problems associated with this address? does the caller have a pattern of requesting service calls or any other police business? does her husband have any history with law enforcement that would be relevant to this matter? etc etc.
Keep in mind, the police mission: "To protect and serve". The "serve" element is not always associated with enforcing specific laws, ordinances,statutes, executive orders, judicial mandates, regulatory requirements, etc. The "protect" concerns damage, threat,victimization, attempts etc. The potential for harm, risk, victimization etc is a matter that is usually a pressing concern.
In terms of "law enforcement" specific....police officers in general, and uniform patrol officers in specific are tasked with preliminary inquiry/investigations. They need to arrive and interview the complainant, among other things, as they try to determine: if a crime has been committed, is being committed, or is about to be perpetrated. This is the threshold of responsibility that first responders need to ascertain.
And, this starts the documentation process of events. I'm sure you've heard of the: who, what, where, how, when, and why. This is what needs to be determined in order to proceed formally...All aspects are important, although "why" only lends to motive, not an element of an offense, ie., corpus delecti.
Now, it is always a danger to generalize,assume, or prophesies w/o portfolio...that is why it is so very important for officers to quickly determine relevant details.
Generally, people tend to call police for any and all problems, be they real or imagined. This is done without any consideration for jurisdictional interests. The view being...police will handle the problem, or know where to direct the matter to another social service subdivision.
On many levels, you'll need to entertain many possibilities: Is the caller an integral aspect of the situation? If so, there will be a measure of bias, and perceptional variance with her commentary. She may also be stressed out, anxious, fearful etc.If the caller is merely an observer, the perceptions have limitations along with context concerns.
On this call, is there an underlying current of a domestic dispute? From her point of view, what precipitated the behavior of her husband?
What does he suspect, realize, or assume is the cause of the dispute? All domestic disputes have the potential in becoming dangerous, as passion and emotions are factored into the mix. If not dangerous, they will most assuredly be bazaar. On a spirited domestic dispute, there is no "logic-line", or sustained rational behavior.
Now, if mental health, kids, meds, alcohol, or dope are factored into this saga, the dynamics are compounded.
A police response to this situation is clearly necessary, if for nothing else, to determine additional details, and establish parameters of caution.
There are all kinds of possibilities with this story. On first blush, I would suspect cuckolding...him leaving undressed in a sense of urgency, blinded by rage and passion. Then the shotgun. Clearly, this is out of the norm, thus a behavioral abnormality, not consistent with appropriate/legal conduct. Suspicion aplenty. The purse may have info that lends to the story, like cancelled checks, pictures etc, and her phone may have a history of past calls that dovetails into his suspicions. Or, that he took the purse so she couldn't clean out the checking account or something along those lines. There is also a possibility of a dope or gambling jones going on, that has festered into a blow-up.
You see, many domestic disputes are cumulative build ups of pent up emotions that get triggered into an explosion of emotions.
"Heat of passion" is a real issue in a domestic problem, that involves a third party. But storming out of the house unclad with a firearm is something that usually no good can be derived.
On the gun...could it be stolen? could he be an X-felon..if so, it would be a felony for him to just have the gun in his possession.
Where would she GUESS he was going? ..to me, that would be one of the first questions to be addressed.
Now, on the shotgun. Shotguns and other shoulder weapons do not have to be registered in most jurisdictions.  Hand guns require registration in all jurisdictions. Full automatic weapons need to be registered, plus they require a federal stamp from ATF.
The officers also need to determine if there are any other details of interest. Is he on meds? under Doctors' care for mental illness?, are there any litigation issues pending? any restraining orders? Any history of similar conduct? if so, what prompted that occurrence?
As you can see, alot is to be considered and addressed..that goes way beyond first blush assessments. The police need to embrace a due diligence in matters of duty, and pursuing suspicious situations falls within that duty. This is to determine if continued police interest is warranted, and to thwart possible criminal offenses.
Hope these ramblings are helpful to you.
Good Luck, and remember, that first blush issues is merely the itch...nothing is settled until the scratch...it's about details.
loren

Jim,
I should have said that "Crime Prevention" is as important as law enforcement, as it saves a person from being a victim. The call you mentioned had all the ingredients of needing a response, even if it only evolved into a crime prevention initiative,
You get the idea...
Thanks, and good luck.
loren