Coronavirus

How will Triangle police and sheriffs’ offices enforce coronavirus stay-at-home orders?

Police and sheriff’s departments enforcing state and local emergency orders to prevent the spread of the novel coronavirus say they want to educate residents, not arrest them.

“The plans are not to penalize anyone,” Durham Mayor Steve Schewel said at a Wednesday press conference announcing the first stay-at-home order in the Triangle. Orange County issued its order Thursday morning.

The Durham rules, which begin at 6 p.m. Thursday, restrict movement for most city residents except for essential jobs and tasks, mostly related to food shopping, health and related supplies. They will remain in effect until April 30 but could be revised.

Schewel said he doesn’t expect people to be cited or arrested.

“No one is going to be cited behind this order, unless someone continuously and egregiously offends,” he said.

The local bans bar public access to businesses outside an essential business category and prohibit contact sports, such as basketball. People can still buy food and medicine, see a doctor or take a pet to the veterinarian but are asked to call first to make sure they need to be seen. The orders also let people walk on greenways, ride bikes and play tennis and golf, while practicing social distancing.

Wake County will announce its stay-at-home order Thursday afternoon. Durham County plans to issue one, similar to the city’s, Friday.

The Wake County Sheriff’s Office plans to enforce the rules through education, not by handing out citations, said spokesperson Eric Curry.

“Everybody is all stressed out,” he said. “That is not what we are going to do.”

Wake County Sheriff Gerald Baker has told his staff to inform residents on what they can and can’t do, Curry said.

“This is not about enforcement,” Curry said. “This is about calming the fears.”

Schewel said he and other officials expect law enforcement officers, public health officials and others to “forcefully tell people” who are illegally gathering to disperse.

Violations a misdemeanor

In general, violation of an emergency order is a class 2 misdemeanor, said Durham attorney Daniel Meier.

A first offense is punishable by a fine of up to $1,000 and a suspended sentence of up to 30 days, which means violators wouldn’t serve time in jail unless they were sentenced to probation and also broke those rules, Meier said.

Individuals with a significant criminal record could serve up to 60 days in jail. Other class 2 misdemeanors include disorderly conduct, first-degree trespass and false report to police.

In many cases involving class 2 misdemeanors, officers typically warn or city people unless they refuse to comply, Meier said.”Unless it is domestic situation or involves some sort of violence, they cite 99 percent of the time, if they do that,” he said.

Few citizen calls reported so far

Before the community stay-at-home orders, Gov. Roy Cooper had issued orders over the past two weeks restricting public gatherings (currently limited statewide to 50 people) and closing or limiting transactions at certain businesses.

The News & Observer sent enforcement questions to several law enforcement agencies in Durham, Orange and Wake counties. The Raleigh Police Department had not responded as of 10 a.m. Thursday.

Officials reported very few or no calls about people not following state or local orders to prevent the spread of COVID-19. In Orange County someone reported people standing too close together. A deputy reminded the group about social distancing, and the people complied.

In the city of Durham, someone reported a restricted business was still open. The business immediately complied.

“The calls we have received are from those seeking additional information and clarity,” wrote Knightdale Police Chief Lawrence Capps.

Educate-warn-enforce

Durham Police Lt. David Anthony said community members and businesses have taken proactive steps to meet health officials’ recommendations and state and local restrictions.

The Orange County Sheriff’s Office doesn’t want to charge individuals if they can avoid it, spokesperson Alicia Stemper said.

In Knightdale police officers who see a violation of emergency orders will take an “educate-warn-enforce” approach, Police Chief Lawrence Capps wrote in an email.

“We recognize they have the potential to add immense stress to the lives of those impacted, and our department intends to do everything reasonably possible not to compound that stress,” Capps wrote.

“If we are unable to achieve compliance, then strict enforcement of the provisions may be necessary to preserve the overall safety and welfare our community,” he wrote.

Changes in policing

Law enforcement agencies are taking precautions Many have moved to taking reports for some crimes over the telephone and are following recommendations for social distancing.

When officers must interact with the public, they now have masks, cleaners and gloves. They are also relying on their discretion on how to approach situations and whether they should arrest individuals or give them a citation. They have also put in place quarantine protocols for employees who may have been exposed to COVID-19.

“Unfortunately, deputies do not always have the luxury to pick and choose when they have close contact with another person – that contact can be necessitated by the behavior of the other person or the safety needs that arise out of a situation,” Stemper wrote.

The Durham County Sheriff’s Office has also been able to redistribute its staff as a result of school closures and suspended court hearings.

“This reallocation means that should members of the agency need to isolate we have a plan in place to maintain operations,” wrote spokesperson AnnMarie Breen.

This story was corrected March 26, 2020, to correct an earlier online report that misidentified the department with employees in self-isolation. The Wake County Sheriff’ Office has 11 employees in self-isolation.

This story was originally published March 26, 2020 at 11:11 AM.

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Ashad Hajela
The News & Observer
Ashad Hajela reports on public safety for The News & Observer and The Herald-Sun. He studied journalism at New York University.
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