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  • Bob!
    Junior Member
    • Sep 2010
    • 27

    Dispatcher Authority

    Can a 911 dispatcher give a lawful order? Do they have police authority?

    RE: Mr. Zimmerman being told not to follow?

    Specifically, what is their authority in California?
    sigpic
  • #2
    Bill Carson
    Veteran Member
    • Nov 2009
    • 3574

    This convo at least 10 times with dispatchers. " I am not following the drunk driver I am just going the same way that they are"

    Comment

    • #3
      Samuelx
      Senior Member
      • Apr 2010
      • 1558

      Nothing set in stone - some dispatchers or 911 operators are sworn LEOs, some are non-sworn...

      Comment

      • #4
        Bob!
        Junior Member
        • Sep 2010
        • 27

        Originally posted by Bill Carson
        This convo at least 10 times with dispatchers. " I am not following the drunk driver I am just going the same way that they are"
        I did a search and it did not pop up in a readily accessible manor. Sorry I missed it. I am still looking for a answer?
        sigpic

        Comment

        • #5
          Tripper
          Calguns Addict
          • Jan 2011
          • 7628

          I dont know of any dispatchers that are LEO, I'd figure they have about as much authority as this thread

          I command you to not type another word

          (lets see how that works out)
          I'm gonna bet that even if a full blown LEO, makes the same statement on this thread, there is still not authority behind it.
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          • #6
            Bobby Ricigliano
            Mit Gott und Mauser
            CGN Contributor
            • Feb 2011
            • 17439

            I don't know about other departments, but in ours, we are patrol, jailer, dispatcher, pretty much Johnny on the spot wherever there's a body needed... so to answer your question: definitely maybe!

            Comment

            • #7
              Hilldweller
              Member
              • Jun 2011
              • 436

              Most departments employee civilian dispatchers who do not have LEO powers. So I'd say definitely "no" for them. As for the LEO's who may staff their dispatch centers I couldn't say. I'm not sure what the courts would (or have) said regarding the legal relationship between the caller and the operator.

              In either case, you've called 911 for help. You should do as you are directed. Whether civilian or sworn, the personnel who staff emergency communications centers are (for the most part) very well trained and experienced. They are there to try and ensure your safety until officers arrive. If this guy had followed their instructions (lawful order or not) we wouldn't be posting now.
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              Comment

              • #8
                cacop
                Member
                • Jan 2006
                • 310

                If I were a responding officer and told the dispatcher to tell the caller to do something it might work in a court of law.

                If it was just the dispatcher not even close.

                Comment

                • #9
                  mej16489
                  Veteran Member
                  • Aug 2008
                  • 2714

                  Even if the person handling the 911 call is a LEO giving a Lawful Order - there is no way for the caller to know it.

                  There are dozens of tapes out on the internet where we hear dispatchers telling people not to get, or to put away a firearm only to hear it lawfully used in self defense. Does that make them murderers because they didn't do as they were told.

                  Comment

                  • #10
                    mej16489
                    Veteran Member
                    • Aug 2008
                    • 2714

                    Originally posted by Bob!
                    Can a 911 dispatcher give a lawful order? Do they have police authority?

                    RE: Mr. Zimmerman being told not to follow?

                    Specifically, what is their authority in California?
                    FYI, what I think you intended to ask is, 'Can an 911 call taker give a lawful order?'

                    The person handling the call on 911 isn't necessarily the dispatcher.

                    Maybe its the agencies I've worked with, but in my head 'the dispatcher' is the focal point at the radio communications center. In reality there are often several dispatchers in the chain of coordination.

                    Comment

                    • #11
                      Squid
                      Senior Member
                      • Oct 2010
                      • 1041

                      without you clearly repeating the order and stating you are

                      going to disobey it, I don't think they could prove you heard it.

                      I remember some cops in S CA in "hot pursuit" being told to back off and having "radio malfunction", and continuing the chase. I think the suspect had kicked a cop in the balls or something before running off.

                      Comment

                      • #12
                        003
                        Veteran Member
                        • Jul 2010
                        • 3436

                        The question as posed really does not make much sense. It does not matter whether a dispatcher/call taker is a sworn LEO or not. The authority is the same. No one, (sworn LE or not) has the authority to “order” another person not to do something that is perfectly legal. One person following another person is not illegal, so the question as posed does not make sense. Now whether it was a good idea or not is another question. When a member of the public calls the 911 operator seeking LE assistance, the 911 operator is representing that LE agency at that time, and does have the authority to speak for the agency.

                        911 operators take all kinds of both non emergency and emergency calls. They give medical advice when it comes to helping distraught parents give CPR to a child that has stopped breathing, as well has what a lone female should do when home alone and someone is trying to enter her home. Providing advice, help and support is what 911 operators do.

                        It appears to me that the question as posed is trying to somehow make the point that the 911 operator did not have the authority to “order” Zimmerman to not follow the other party so therefore it was ok that he did so. I really do not see how that enters into the equation in any manner.

                        911 operators most certainly do have the authority to speak for their agency, and telling a caller how to handle a given situation is one of their most basic functions.

                        If your house was on fire and your child called 911 wouldn’t you hope, want and expect the 911 operator to give your child directions?
                        Last edited by 003; 03-25-2012, 3:31 PM.

                        Comment

                        • #13
                          Ron-Solo
                          In Memoriam
                          • Jan 2009
                          • 8581

                          Originally posted by Squid
                          going to disobey it, I don't think they could prove you heard it.

                          I remember some cops in S CA in "hot pursuit" being told to back off and having "radio malfunction", and continuing the chase. I think the suspect had kicked a cop in the balls or something before running off.
                          And on LASD, that move will get you 3-10 days without pay.

                          LASD uses both sworn and non-sworn personnel to answer 911 calls. While it may not be a violation of the law, failure to follow such instructions can land you in hot water, in criminal and civil court.
                          LASD Retired
                          1978-2011

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                          Comment

                          • #14
                            TRICKSTER
                            I need a LIFE!!
                            • Mar 2008
                            • 12438

                            Originally posted by Bob!
                            Can a 911 dispatcher give a lawful order? Do they have police authority?

                            RE: Mr. Zimmerman being told not to follow?

                            Specifically, what is their authority in California?
                            Poor example. Zimmerman was told
                            "We don't need you to do that"
                            That is not an order.

                            In my 30+ years as an LEO, I never saw a law on the the books in CA requiring a person to follow the direction of a police dispatcher either over the phone or in person.


                            Never underestimate the power of stupid people in large groups

                            Comment

                            • #15
                              Turo
                              Calguns Addict
                              • May 2009
                              • 5066

                              Originally posted by Hilldweller
                              Most departments employee civilian dispatchers who do not have LEO powers. So I'd say definitely "no" for them. As for the LEO's who may staff their dispatch centers I couldn't say. I'm not sure what the courts would (or have) said regarding the legal relationship between the caller and the operator.

                              In either case, you've called 911 for help. You should do as you are directed. Whether civilian or sworn, the personnel who staff emergency communications centers are (for the most part) very well trained and experienced. They are there to try and ensure your safety until officers arrive. If this guy had followed their instructions (lawful order or not) we wouldn't be posting now.
                              What about all those recorded 911 calls where the homeowner has a gun and the dispatcher keeps telling them not to use it, even when someone is trying to kill them? I don't give a rat's *** how well trained and experienced the dispatcher is, if someone is in fear of their life and can defend themselves they should.
                              "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
                              -Thomas Jefferson

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