Law Enforcement Role and Authority PDF

**LAW ENFORCEMENT ROLE AND AUTHORITY** **PD97-0102** **I. Purpose** The purpose of this directive is to provide written guidelines to all officers of the Fort Wayne Police Department so that they recognize the limits of their law enforcement authority and the need for public approval and acceptan...

**LAW ENFORCEMENT ROLE AND AUTHORITY** **PD97-0102** **I. Purpose** The purpose of this directive is to provide written guidelines to all officers of the Fort Wayne Police Department so that they recognize the limits of their law enforcement authority and the need for public approval and acceptance of that authority. **II. Policy** It shall be the policy of the Fort Wayne Police Department to provide employees with the enforcement policy of the agency that defines the limits of individual discretion, guidelines for the exercise of such discretion, and procedures for receiving formal commendations and complaints. **III. Agency Role** **A. **GOALS AND OBJECTIVES **1. **Each organizational component within the agency and the agency as a whole shall, on an annual basis, compile a list of goals and objectives. **a.** Specific annual goals and objectives will be included within the annual report to be submitted to the Chief Of Police. **b. **These goals and objectives shall be distributed to all  agency personnel to whom they apply. **2. **Each officer in charge of a unit, section, bureau, division, or other work element shall seek the input of those personnel working within their element regarding their goals and objectives. **a. **This may be accomplished through meetings, memoranda, and/or personal contact. **3. **The Chief Of Police shall review all unit, section, bureau, division, or other work element goals and objectives. **a. **Submitted with these goals and objectives shall be a written evaluation regarding the achievement of those goals and objectives. **b.** Included with the year end annual report will be a summary of accomplishments of previously stated yearly goals and objectives. **1) **If certain goals and objectives were not attained, an accompanying written explanation must state the reasons why they were not met. **B. **OATH OF OFFICE/CODE OF ETHICS **1.** Each officer, prior to receiving his/her commission, shall take an oath of office administered by the City Clerk, wherein they pledge to uphold the Constitution of the United States of America, Federal, State, and Local laws. **2. **All sworn officers must abide by the Law Enforcement Code of Ethics. **a. **The Law Enforcement Code of Ethics shall be included as an addendum to this directive. **C. **LIMITS OF AUTHORITY **1. **The legally mandated authority vested in sworn agency personnel is summarized below: **a.** The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him/her, in enforcing it. **b.** Because he/she represents the legal will of the community, be it local, state, or federal, he/she must be aware of the limitations and prescriptions which the people, through law, have placed upon him/her. **c. **He/she must recognize the genius of the American system of government which gives to no person, groups of persons, or institution, absolute power, and he/she must insure that he/she, as a prime defender of that system, does not pervert its character. **2.** Discretion applies to an officer's decision on some courses of action, i.e. to arrest, release, or divert. **a. **The Fort Wayne Police Department generally recognizes discretion within the following limits: **1) **Release will not be made when there is reasonable belief that the person to be released is a hazard to him/herself or others (i.e. intoxicated, belligerent, etc.) where other options are available. **2) **Arrests are not to be made merely to satisfy anger, resentment or other untoward emotion on the part of the officer. **3)** Established diversionary programs (drug and alcohol rehabilitation centers) are generally viewed as preferable to arrest. **3. **Sworn personnel may exercise alternatives to arrest. **a. **It is firmly recognized that the use of summons/citations, warning notices both written and verbal, and referral may be used to address the variety of problems confronted by the Fort Wayne Police Officer. **b. **Commensurate with proper training and the scope of the immediate problem confronted, the Fort Wayne Police Officer will be held accountable to make the correct determination toward the proper resolution of the problem. APPROVED: Date 5-11-04                  Russell P. York    (Chief Of Police) Supersedes: 1.         FWPD SOP PD97-0102, "Role and Authority," April, 2004 2.         FWPD SOP Chapter 1, Sections 1 & 2, Revised February, 1991 3.         FWPD SOP "Law Enforcement Role and Authority", July, 1987   **LAW ENFORCEMENT CODE OF ETHICS** **Primary Responsibilities of a Police Officer** A police officer acts as an official representative of government who is required and trusted to work within the law.  The officer's powers and duties are conferred by statute.  The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice. **Performance of the Duties of a Police Officer** A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to statues, sex, race, religion, political belief or aspiration.  All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct.  Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public.  They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold. **Discretion** A police officer will use responsibly the discretion vested in the position and exercise it within the law.  The principle of reasonableness will guide the officer's determinations and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public.  There can be difficulty in choosing between conflicting courses of action.  It is important to remember that a timely word of advice rather than arrest, which may be correct in appropriate circumstances, can be a more effective means of achieving a desired end. **Use of Force** A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective.  While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person. **Confidentiality** Whatever a police officer sees, hears or learns of, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise.\ Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged. **Integrity** A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach.  Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency.  Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law.  Police officers must not receive private or special advantage from their official status.  Respect from the public cannot be bought; it can only be earned and cultivated. **Cooperation with Other Officers and Agencies** Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction.  It is imperative that a police officer assist colleagues fully and completely with respect and consideration at all times. **Personal/Professional Capabilities** Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty.  The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly. **Private Life** Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officer's character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves.  The officer's personal behavior must be beyond reproach.