Law Enforcement Officers' Bill of Rights

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The Law Enforcement Officers' Bill of Rights (LEOBR or LEOBoR) is intended to protect American law enforcement personnel from unreasonable investigation and persecution caused by extraordinary circumstances in the official performance of their duties, and provides them with special privileges not enjoyed by other Americans accused of crimes. It was first set forth in 1974, following Supreme Court rulings in the cases of Garrity v. New Jersey (1967) and Gardner v. Broderick (1968). Most states have different versions of the Bill written into their statutes.[1][2]

Details[edit]

The LEOBR is detailed by the Grand Lodge of the Fraternal Order of Police as follows:[3]

  • Law enforcement officers, except when on duty or acting in an official capacity, have the right to engage in political activity or run for elective office.
  • Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation and the recommendations made to superiors by the investigators.
  • Questioning of a law enforcement officer should be conducted for a reasonable length of time and preferably while the officer is on duty unless exigent circumstances apply.
  • Questioning of the law enforcement officer should take place at the offices of those conducting the investigation or at the place where the officer reports to work, unless the officer consents to another location.
  • Law enforcement officers will be questioned by a single investigator, and he or she shall be informed of the name, rank, and command of the officer conducting the investigation.
  • Law enforcement officers under investigation are entitled to have counsel or any other individual of their choice present at the interrogation.
  • Law enforcement officers cannot be threatened, harassed, or promised rewards to induce the answering of any question.
  • Law enforcement officers are entitled to a hearing, with notification in advance of the date, access to transcripts, and other relevant documents and evidence generated by the hearing and to representation by counsel or another non-attorney representative at the hearing.
  • Law enforcement officers shall have the opportunity to comment in writing on any adverse materials placed in his or her personnel file.
  • Law enforcement officers cannot be subject to retaliation for the exercise of these or any other rights under Federal, State, or local law.

References[edit]

  1. ^ Law Enforcement Officers' Bill of Rights, Wisconsin State Legislature.
  2. ^ Correspondence regarding Law Enforcement Officers' Bill of Rights, Florida Office of the Attorney General.
  3. ^ Due Process Rights for Law Enforcement Officers, Fraternal Order of Police.