Knowledge of law is central to the work of LEOs. Beyond the laws they enforce as a part of their job, other laws govern their behavior. These laws can work in favor of officers (protecting them from liability, giving them authority to investigate, etc.), or they can work against them if they violate the laws. Example: Improper use of force may result in legal action (both civil and criminal) in addition to departmental disciplinary action. Or, not following search and seizure law can result in dismissal of a case even if the suspect is guilty.
Sources of Law
Most law enforcement agencies place a priority on understanding the law. It begins in recruit training, and is often a part of roll-call or annual training. Law is also typically a part of any promotion test.
For proper training and understanding at each of these steps, it’s necessary to have knowledge of several sources of law. As a baseline, officers must know the statutes of the state (and municipality) where they work. These form the foundation of what laws to enforce, and may also regulate the behavior of the officers.
Understanding court decisions related to law enforcement is also important. State and local laws are routinely tested in the courts. Laws (and the officer’s actions relying on those laws) may be upheld or struck down depending on the decisions of courts. Knowing court decisions can help officers better understand what actions will likely be supported in court and which actions may be invalidated.
In addition, officers should know the level of the court making the decision. Local and state courts can make decisions that are binding on the officers in that jurisdiction, but officers only a short distance away may not have the same requirements or privileges. U.S. federal circuit courts have broader jurisdiction and U.S. courts of appeal have even a broader jurisdiction. The decisions of both of these courts are important to officers’ actions. The rulings of the U.S. Supreme Court govern law enforcement actions across the nation and at all levels. These decisions (for example, the ruling in Miranda v. Arizona) should be known by all officers.
Legal Information
The question often becomes how agencies and officers will get the legal information they need to be successful (either in everyday duties or in passing promotion exams). The foundation of legal knowledge comes from the initial training an officer receives and any yearly training. Finding a suitable source of that information can be a difficult task for agencies. Often local lawyers or prosecutors will help in assembling that information and teaching classes. This is a good way of having those who know the law, speak on the material. Not all lawyers (or even prosecutors) are current on the most recent court decisions.
Another way both agencies and officers can get a sound understanding of the law and stay up to date is to take advantage of the law books designed for LEOs. The type of book to choose depends on what the officer or agency is attempting to learn. Here, we discuss two books that may be beneficial for agencies and officers: one that presents a fairly in-depth discussion of U.S. Supreme Court cases through briefs, and one that contains a more general discussion of laws and cases.
For an in-depth understanding of the most important and most relevant decisions of the U.S. Supreme Court, agencies and officers can use the book Briefs of Leading Cases in Law Enforcement (Anderson Publishing/Elsevier). This book addresses important cases in ways officers can understand how court decisions affect their actions. Each Supreme Court case is broken down into the facts as they might be seen by an officer, the issue involved in the case, the Supreme Court ruling, and what that ruling means for police officer actions.
Another book from Anderson Publishing, Legal Guide for Police, provides a somewhat broader understanding of laws and court decisions. Although the cases covered are not as in-depth as the Briefs book, Legal Guide contains plenty of discussion to aid officers in understanding the law. This book also includes other court decisions besides those of the U.S. Supreme Court.
The authors of both of these books not only have a strong legal background, one also has experience as an LEO. Therefore, legal jargon that's often contained in cases is recast in language that can both be understood by officers and applied in everyday work. The books can build a strong understanding of the law and can also serve as a wonderful study tool for promotion tests. The books are updated approximately every two years to ensure officers have the most up-to-date information on the laws that affect them. Many law enforcement agencies already use one or both of these books in promotional exams and training. In addition, the authors take feedback from agencies and officers seriously when updating both books.
In Sum
Understanding the law and court decisions and remaining current on changes are critical to agencies and officers. Finding sources that provide a strong foundation in the law, are written for LEOs and are continually updated is an important part of gaining and maintaining that understanding. Fortunately, there are books and other materials available that have this focus as their goal. Agencies and officers should take advantage of these resources to strengthen their understanding of this central component of law enforcement.
Jeffery T. Walker is a professor in the Department of Criminal Justice at the University of Arkansas, Little Rock, where he has taught since 1990. He currently serves as the PhD Coordinator, and holds joint appointments with the University of Arkansas, Fayetteville, and the University of Arkansas Medical School. A past president of the Academy of Criminal Justice Sciences, Walker’s main areas of interest are social/environmental factors of crime and the study of non-linear dynamics as they relate to crime.
Stacy C. Moak is a professor in the Department of Criminal Justice at the University of Arkansas at Little Rock, where she serves as serves as the Graduate Programs Coordinator for the PhD, MA and MS programs. She holds a Juris Doctorate from Loyola Law School in New Orleans, Louisiana, and her research and publications cover various legal aspects of criminal justice.