By: Captain Sean Sanborn, CCSO – At the Coos County Sheriff’s Office, we deal with several incidents throughout a typical day. We recognize the frustrations of our citizens and do whatever we can to help. However, a significant point of anger directed at Deputies is when we have to tell a person that a matter is civil. The law is evident in the issues a peace officer can handle. Our authority is limited by statute to criminal cases alone, and only through an investigative process may we act against someone who has committed a crime. The other side of the law would be civil. Civil law becomes involved when we discuss contracts, agreements, and property lines. While it is true that the Coos County Sheriff’s Office has a “civil” division, the responsibilities of this division are limited to serving subpoenas, writs, and other court orders handed down to the Sheriff’s Office from the courts. Our civil division often carries out those processes when a judge orders the Sheriff’s Office to do so. This is often seen by the public and is evident in evictions. Marital matters are always tricky. I am sure many can relate to a complicated or ugly divorce where two people living together separate. In these incidents, we often find property disputes. It is essential to understand that Oregon is a community property state. This means that upon marriage, the property is owned by the couple and not the individual until such a time as the court separates the assets. This includes homes, cars, dogs, and other property. The same could be said regarding the custody of children. Criminal law regarding custodial interference (ORS 163.245 and ORS 163.257) specifically outlines when a custodial situation becomes a crime. Often there are custodial agreements that are put in place by the courts. However, there is no criminal process for enforcing those custodial agreements. More often than not, a Deputy will tell a parent that they need to go back to the courts to adjust that agreement or report a violation of that agreement. We often see folks attempt to report vehicles as being stolen when a person they have an agreement with has chosen not to pay that bill. When a vehicle is sold, whether it is in writing or not, an agreement or verbal contract is entered upon by the two parties. We cannot take a stolen vehicle report in these instances. Property line disputes are complicated, any situation where a property line is in conflict, a deputy will tell the parties to have the property surveyed, and then should the matter remain in dispute, go to the courts or consult an attorney. There are certainly times when we wish to make that call in the field and settle the matter. However, deputies must be trained as surveyors and equipped to do that, which they are not. There is certainly the crime of Criminal Trespass which may be enforced when there is an explicit property line; however, if the matter is a dispute, it becomes difficult to enforce that law when both parties say they are on their property and standing in the same place. We frequently deal in matters involving landlord/ tenant law. If anyone is allowed to live in a person’s home for an extended period (72 hours or more), according to the state of Oregon, that individual obtains a proprietary interest in that living arrangement. In these cases, an eviction process must be gone through. The process is lengthy, and the Sheriff’s Office cannot take action until a judge signs an order forcing the tenant to leave. More information about landlord/ tenant law can be found here: https://www.oregon.gov/ohcs/housing-assistance/Pages/Landlord-tenant-resources.aspx. Lastly, it is essential to note that an agreement or contract can be verbal or written. Therefore, if any deal is in place and there is a breach of the agreement by one party or the other, we cannot take criminal action against that person regarding the agreed-upon matter. In closing, we at the Sheriff’s Office recognize your frustration, and often, things seem like they should be criminal or feel criminal to an individual when they are not. However, we ask for understanding and grace for the Deputy who wishes they could take action but, by law, is not allowed to do so. Should you run into these issues, we recommend that you speak to an attorney and seek advice on how to proceed in a lawful and peaceful manner. Respectfully, Sean Sanborn, Criminal Division Commander, CCSO.
