IDENTIFICATION OF SAFETY RISKS TO THE PROCESS SERVER
(Previously published in PI Magazine, Nov/Dec 2023 issue)
INTRODUCTION
In 2008, a 57-year-old male process server was beaten to death with a baseball bat in Loveland, Colorado. The process server had just served divorce papers and a restraining order on a man, who next attempted to kill his own two young children. Outside Austin, Texas in 2016, a 36-year-old female process server was attempting to serve court documents when she was attacked and killed by several dogs at the property. In 2019, in Tulsa, Oklahoma, a male process server was serving eviction papers on a previously-unsuccessful GOP governor candidate, when the subject of the service shot and wounded him while he was standing in the front yard.
These are just a couple incidents which clearly illustrate the potential dangers facing process servers in the United States. This article will address questions which are essential to collecting information to aid in the identification of specific risks the process server may encounter while accomplishing the service. While all risks cannot be eliminated, knowledge of potential threats can result in heightened awareness and precautions on the part of the process server in an effort to optimize their safety. Process servers receive most of these assignments from an attorney, so it is recommended that you encourage attorneys to also address these concerns with their clients and pass along pertinent information to the server.
SUGGESTED QUESTIONS REGARDING SAFETY-RELATED INFORMATION
Don’t assume this information will be volunteered by a client or attorney. It is recommended that all of these questions be asked so important information is not overlooked.
Following are questions that will elicit valuable safety-related information:
Does the subject have a prior criminal record?
o Checking the subject’s rap sheet, if any exists, may provide insight to violent propensities he/she may have.
Does the subject have a history of violent behavior or threats?
o Past behavior often predicts future behavior.
Does the subject have any mental illness?
o Many in our society suffer from some form of a variety of mental illnesses, which may contribute to unpredictable and violent behavior, especially when they have abstained from taking their prescribed medications.
Does the subject own or have access to firearms or other weapons?
o Immediate availability of weapons contributes to the potential lethality of an encounter which takes a violent turn.
Does the subject have a concealed carry permit?
o This is another indicator of the increased chance of immediate access to weapons which may escalate the situation.
Does the subject typically carry a weapon?
o Again, another indicator of increased chance of a weapon being quickly introduced into a possibly escalating situation.
Are there dogs on the property? If so, are they aggressive?
o Dogs present on the property need to be evaluated for their threat potential, especially if they are unrestrained. Ask about their reputed behavior when approaching strangers. Do they typically seek a friendly pet or belly rub or are they known to growl and strike out for a bite? Also, just like human beings, you can often assess their intentions from their body language. When you come face-to-face with them, do they exhibit a friendly tail wag or do they bear their teeth and growl?
Are there any other potentially-dangerous animals at the property?
o Some people venture beyond owning the typical house pets. Any unconventional pets should also be assessed for potential danger. For example, a scorpion.
Is there video surveillance at the property?
o The preponderance of surveillance technology, such as ring cameras, may provide a heads-up to the subject that you are about to deliver some “bad news.” If the subject has violent intentions, this gives them an upper hand in preparing for an assault on you. Consider an alternative approach or exercising elevated caution.
Are there any booby traps at the property?
o Booby traps come in a wide variety of forms, depending on the ingenuity of the subject. They may range from sophisticated explosive devices to simple mechanical set-ups.
o When, I was a young police officer, I vividly recall encountering a simple threat while checking an area adjacent to an apartment complex, where juveniles had built a “fort.” As I approached the entrance to the site, I took a step and felt a strange sensation in my one foot. I lifted my foot up, then placed it down again. As I stepped down the second time, I finally realized the sensation was pain. This time, I observed I had stepped on a concealed board with the pointy ends of nails sticking up, which penetrated my boot. Luckily, this only resulted in a trip to the ER for treatment, a tetanus shot, and a short absence from work while my two puncture wounds healed.
Is there any on-going criminal activity at the property?
o Your presence at the property may interrupt that activity and be met with resistance. Is there illicit drug or human trafficking being conducted there or maybe an illegal gambling den?
Are there any other potentially-dangerous circumstances and/or substances at the property?
o There may be other atypical situations that may increase danger to a process server. It is a good practice to ask this question just to call attention to and solicit information regarding any possible outlier situations which may exist.
Be sure to note and evaluate information for elevated risk. Consider appropriate precautions to address any identified heightened risks. If the potential risk is too high, consider enlisting additional assistance or even not attempting the service. Is one process service worth more than your life? Keep in mind that negative responses to all of these questions does not equate to the absence of risk. At all times, process servers must remain vigilant and monitor their surroundings for developing threats to their safety. Stay safe and live to serve another day!
REFERENCES
Irvine, S. (2016). Dangers of Process Serving Hit Home in Texas. Serve Now. https://www.serve-now.com/articles/2244/dangers-of-process-serving-hits-home-in-texas?mc_cid=12bcfdad8b&mc_eid=d64b5586b6
Serve Now Staff (2019). Don’t Ignore Lessons from the Chris Barnett Shooting. Serve Now. https://www.serve-now.com/articles/2649/dont-ignore-lessons-chris-barnett-shooting
Whaley, M. (2009). Process Server’s Killer Gets Life for Loveland Murder. The Denver Post. https://www.denverpost.com/2009/06/08/process-servers-killer-gets-life-for-loveland-murder/
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