Kansas City Police Procedural Instruction

Questions and Answers

What is meant by 'Established Residency'?

A person legally on a written lease

A party who has no possessions in the residence

A landlord's tenant under eviction notice

Someone who has clothing or personal items in the residence (correct)

What characterizes an 'Eviction Order'?

A formal judgment signed by an Associate Judge (correct)

An unofficial verbal notice from the landlord

A notice indicating the landlord's intent without a court order

A temporary order allowing a tenant to stay

Which statement is true regarding a Licensed General Bail Bond Agent?

They can perform fugitive recovery without special licensing (correct)

They cannot perform fugitive recovery

They must work full-time for a surety company

They are only allowed to handle property bail bonds

What purpose does a 'Notice to Vacate' serve?

It demands that a party leave within a specified time Signup and view all the answers

What is 'Self-Help Repossession'?

A method involving a repossession agent taking property stealthily Signup and view all the answers

Which scenario describes 'Repossession'?

A creditor reacquiring property with the intent to deprive control Signup and view all the answers

What is a 'Replevin Order'?

A legal order for claiming right to property possession Signup and view all the answers

Which of the following is NOT true about 'Established Residency'?

It requires a written lease agreement Signup and view all the answers

What is the primary role of a tow truck driver in relation to a secured party's collateral?

To act on behalf of the creditor. Signup and view all the answers

What must a surety recovery agent have to perform the duties of a bail bond agent?

A specialized license. Signup and view all the answers

How were surety recovery agents referred to in the past?

Bounty hunters. Signup and view all the answers

What is a requirement for sworn members in relation to private bond agents?

They are prohibited from acting as agents for them. Signup and view all the answers

What happens upon default by a debtor to a secured party?

The secured party has the right to take possession of the collateral. Signup and view all the answers

What should members do when they are uncertain about the appropriate action on a civil matter?

Consult with a supervisor for guidance Signup and view all the answers

Which of the following annexes pertains to disputes between landlords and tenants?

Annex B Signup and view all the answers

What is the purpose of a replevin order?

To take possession of property wrongfully held. Signup and view all the answers

What is the role of a Bail Bond Agent according to the guidelines?

To act as an agent for a property bail bondsman under supervision Signup and view all the answers

In which situations should the Office of General Counsel be contacted?

When a member's position regarding civil actions is uncertain Signup and view all the answers

What do sworn members of law enforcement need to refrain from doing in relation to private bond agents?

Using their authority for private interests. Signup and view all the answers

What is indicated by the term 'civil incidents' in the guidelines?

Disputes that do not involve a criminal offense Signup and view all the answers

What is the implication of members having limited authority to act in civil matters?

Members can only provide guidance but not intervene Signup and view all the answers

Which of the following references provides authority for the procedures outlined in the guidelines?

Chapter 304.155, 315.075, 374 RSMo Signup and view all the answers

What should be done if a bail bond agent is suspected of acting unlawfully?

Contact the Office of General Counsel for legal advice Signup and view all the answers

What does the guideline say about performing fugitive recovery?

Only licensed surety recovery agents may perform this task Signup and view all the answers

What is the time frame within which a lienholder must report a repossession to the Department?

Two hours Signup and view all the answers

What primary action must the Criminal Records Unit (CRU) perform upon receiving a repossession notification?

Enter the information into MULES Signup and view all the answers

What restriction is placed on members regarding repossession situations?

They may not assist in repossession efforts except to prevent a breach of peace Signup and view all the answers

In a replevin order, what authority is given to county officials?

Authority to use necessary force to execute the order Signup and view all the answers

What is one potential consequence of a member's presence during a repossession?

It could be viewed as intimidation by the debtor Signup and view all the answers

When it comes to property being repossessed and transported across state lines, what is required?

The same type of documentation as under standard repossession Signup and view all the answers

To whom is the repossession notification typically faxed?

The Criminal Records Unit (CRU) Signup and view all the answers

What should members do if their presence seems to aid the repossessor?

Leave the scene and return to their vehicle Signup and view all the answers

What does the breach of the peace limitation on repossession relate to?

Self-Help Repossession specifically Signup and view all the answers

Which of the following actions constitutes a breach of the peace during repossession?

Breaking into an abandoned vehicle for repossession Signup and view all the answers

What must be done if a breach of the peace occurs during a Self-Help Repossession?

Obtain a Replevin Order to repossess later Signup and view all the answers

Which statement about personal property found in a vehicle being repossessed is accurate?

It must be returned upon demand. Signup and view all the answers

What conditions in repossession make a breach of the peace likely?

When the debtor has unequivocally protested verbally Signup and view all the answers

Which of the following items can be legally repossessed without court action?

All property, including automobiles on public or third-party property Signup and view all the answers

Which action would NOT be considered a breach of peace during repossession?

Calmly requesting surrender of the property Signup and view all the answers

What should a creditor do if they encounter potential violence during the repossession process?

Immediately stop repossession efforts Signup and view all the answers

Study Notes

Response to Primarily Civil Incidents

This procedural instruction outlines guidelines for police response to civil matters in Kansas City, effective from May 12, 2021.
Officers have limited authority in civil situations and should seek supervisor guidance when uncertain.

Terminology

Bail Bond Agent: Licensed agents who conduct bail bond business as per RSMo regulations; can perform fugitive recovery.
Established Residency: Individual with possessions in a residence assumed to be a tenant, even without a written lease.
Eviction Order: Legal order issued by a judge requiring a tenant to vacate a property.
Repossession: Creditors reclaiming property from debtors, either through:
- Replevin Order: Court order authorizing possession of property.
- Self-Help Repossession: Creditors reclaim property without court involvement if done peacefully.
Surety Recovery Agent: Non-sworn individuals tracking and capturing fugitives who violate bail agreements, also known as bounty hunters.

Procedural Guidelines

Members cannot act as agents for bond recovery; they must maintain a neutral stance in civil matters.
For vehicle repossession notifications, lienholders must report repossessions to law enforcement within two hours.
Members should not negotiate between parties or assist in repossessions unless it prevents a breach of peace.
Replevin Orders, typically executed by county officials, may allow entry onto private property.

Member Restrictions

Officer presence during repossession might be seen as intimidation and is discouraged.
A breach of peace includes threats, violence, or any actions disturbing public order.
In cases of self-help repossession, if peace is breached, repossessors must cease actions and obtain a Replevin Order for future recovery.

Annexes

The directive includes specific annexes for easy reference:
- Annex A: Guidelines on Bond Agents and Surety Recovery Agents.
- Annex B: Procedures for handling Landlord/Tenant disputes.
- Annex C: Information regarding Replevin Orders and Self-Help Repossession.
- Annex D: Police response protocols for hotel/motel ejections.

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Description

This quiz explores the Kansas City Missouri Police Department's procedural instruction on responding to primarily civil incidents. Issued on May 12, 2021, this document outlines essential protocols and legal references, including the case of Taylor v. Taintor. Test your knowledge of police procedures and civil incident management.