NCJ Number
60481
Date Published
1979
Length
8 pages
Annotation
RESULTS ARE REPORTED FROM A SWEDISH STUDY OF THE CHARACTER, LEGAL LIMITATIONS, AND LEGAL PROCESSING OF POLICE INTERVENTION IN DISTURBANCES IN PRIVATE RESIDENCES.
Abstract
POLICE INTERVENTION IN DISTURBANCES IN PRIVATE RESIDENCES WAS EXAMINED IN A SWEDISH MEDIUM-SIZED POLICE DISTRICT WITH AN APPROXIMATE POPULATION OF 60,000. DURING 1975, POLICE WERE SUMMONED TO 384 SUCH DISTURBANCES. ALTHOUGH THE LEGAL RIGHT OF THE POLICE TO ENTER A PRIVATE RESIDENCE IS LIMITED, IN THE INCIDENTS EXAMINED, POLICE ENTRANCE WAS NOT DENIED OR QUESTIONED. VIRTUALLY ALL THE INCIDENTS INVOLVED PERSONS UNDER THE INFLUENCE OF ALCOHOL. IN EACH CASE, THE POLICE GAVE PRIORITY TO RESOLVING THE INCIDENT WITHOUT TAKING OFFICIAL MEASURES. OF THE 384 CASES INVESTIGATED, 149 WERE CLOSED AFTER ISSUING ORDERS AND MEDIATION. IN 154 CASES, REPORTS WERE FILED INDICATING THERE WAS NO REASON TO TAKE OFFICIAL MEASURES OR TO EXPECT THAT A CRIME HAD BEEN COMMITTED. IN THE REMAINING 81 CASES, POLICE EXPELLED SOMEONE FROM THE RESIDENCE, WHICH INVOLVED ESCORTING THE SUBJECT TO THE STATION; THERE IS NO LEGAL SUPPORT, HOWEVER, FOR EITHER OF THESE ACTIONS, UNLESS THERE IS EVIDENCE A CRIME HAS BEEN COMMITTED. IT IS RARE THAT THE SUSPICION OF CRIME IN A PRIVATE RESIDENCE DISTURBANCE LEADS TO PROSECUTION. THIS HAPPENED IN ONLY FOUR CASES IN 1975. UNDER EXISTING LAW, THE POLICE ARE ON SHAKY LEGAL GROUNDS WHEN THEY INTERVENE IN A DISTURBANCE IN A PRIVATE RESIDENCE. THE POLICE RIGHT TO INTERVENE AGAINST THE WILL OF THOSE INVOLVED MUST BE CLARIFIED. (RCB)