Limitingthe Liability
Conduct research on the impact police liability has on law enforcement policiesand procedures through the Internet and the Ashford Online Library. Then, basedupon the assigned readings and your own research, discuss the following:
How arethese types of policies and procedures, which limit liability, developed withindepartments?
Researchand analyze two (2) statutes (state or federal) addressing law enforcementliability and/or their ability to conduct law enforcement activities.
Assess two(2) available options for limiting the department or agency’s liability.
How wouldthese options affect law enforcement effectiveness?
Howare these types of policies and procedures, which limit liability, developedwithin departments?
Tell the bad and good of post list referenceour discussion first then individuals response thanks
(Ra)answered ,
Manypolicies and procedures are adopted as a result of case law, or state laws thathave been passed. Unfortunately many of these come about because someone pushedthe limits further than they should have. One thing I was taught in the academythat has always stuck with me- “Don’t become case law.” It generally is a badthing to be specifically named in a new law that came out. There have been manymodifications to search and seizure procedures over the past few years, allresulting from circuit or supreme court findings. Many of these are because anofficer attempted to stretch the existing limits of the law, only to causethose limits to become more restrictive. Ideally, these modifications to policycome as a result of risk management personell who monitor trends andproactively modify policy while teaching officers of the changes and reasonsbehind them.
Researchand analyze two (2) statutes (state or federal) addressing law enforcementliability and/or their ability to conduct law enforcement activities.
TicketQuota statute N.Y. Labor Law 215-a- “No employer or his duly authorized agentshall transfer or in any other manner penalize an employee as to his employmentsolely because such employee has failed to meet a quota, established by hisemployer or his duly authorized agent, or tickets or summonses issued within aspecific period of time…….” (NY Labor Law, section 215-A 2011) In order toboost production with easily tracked numbers, it is very easy for policemanagers to require a specific number of citations to ensure maximization ofwork hours. The problem with this is issuing citations is typically a verysmall part of the daily routine for an officer, and so in order to maintain astatus of good standing with his supervisors, he must write tickets, aftereverything else is done, which pushes the envelope of justified citations, andraises public outcry of corruption for money.
Anotherstatutory modification as a result or risky police actions is by way of policepursuits. Florida State Law dictates that operators of emergency vehicles arenot released from their duty to drive with due regard for the safety of allpersons, nor shall such provisions protect the driver from the consequences of hisor reckless disregard for the safety of others. (Cooley 2006). Police pursuitsare dangerous, and policies are constantly being modified to change our abilityto continue or call them off. There is a legitimate need to pursue offendersand arrest them, however if the risk to the public is too great, the need toarrest the offender must be weighed to determine the overall cost of theapprehension. These changes are the results of lawsuits that have been filedacross the country for accidents and deaths resulting from these pursuits.
Assesstwo (2) available options for limiting the department or agency’sliability.
Withliability related to quotas, obviously stop pressuring officers to writetickets, and find other means of evaluation. Community policing efforts areproving more effective than writing tickets, but they mean that supervisorsneed to leave their offices to check on the officers efforts.
Policepursuits- The Cooley cites that preparation before the pursuits happen is thebest defense. Acquire local statistics on the pursuits including actualaccidents directly caused by pursuits, as well as charges filed that canprovide insight to why the person chose to flee, as well as what previousrecords the fleeing person possessed. Cooley states that being able to properlyprepare and inform local judges, juries, and other law enforcement about thereal purpose and root of these chases will make them more tolerable by thepublic. Obviously it is still vitally important that officers use properjudgement in making the determination to pursue an individual, and that theirown driving is beyond reproach. I this cannot be accomplished, then policy forpursuits should reflect this.
Howwould these options affect law enforcement effectiveness?
Acommunity policing effort focus, instead of citation and quota would help gainfavor in the public’s eyes, as well as improve their overall effectiveness oftheir work.
Increasedawareness of police chases, as well as improved training for driving skills ordecision making for calling off pursuits for officers will hopefully minimizenegative backlash for pursuits, and reduce accidents caused by these pursuits.
NewYork Labor Law ( Sept 1, 2011) Discrimination Against Employees for Failureto Meet Certain Ticket Quotas
Retrieved from: http://codes.lp.findlaw.com/nycode/LAB/7/215-a
Cooley,A (Oct. 2006) Police Pursuit and High-Speed Driving Lawsuits The PoliceChief
Retrieved from:http://www.policechiefmagazine.org/magazine/index.cfm? fuseaction=display_arch&article_id=1018&issue_id=102006
