Do Police Officers Have to Follow Orders from Superiors?

The question of whether police officers are required to follow orders from their superiors has been a topic of debate. This issue not only involves the clarity of the police oath of office but also the broader principles of law enforcement and the protection of constitutional rights.

Police Oath of Office and Legal Obligations

Police officers typically take a sworn oath of office that binds them to uphold the law and the Constitution. However, the terms of this oath are often not formalized in the manner suggested—such as notarized or recorded in a legal capacity. Instead, the oath is part of the broader policies and procedures of each law enforcement agency.

Minimal Allegiance and Loyalty

The loyalty sworn by police officers often falls short of the deep and unyielding commitment expected of public servants. According to critics, many police officers exhibit a minimal level of allegiance to the land they serve and to the constitutional documents that bind the nation. The Bill of Rights and the Declaration of Independence are frequently seen as afterthoughts rather than guiding principles.

Liability Concerns

Moreover, many police officers do not carry the required public hazard bonding, nor do they hold liability insurance policies, which are mandated by federal statutes. This lack of insurance underscores the inherent risks involved in their roles. Despite these concerns, it is notable that police officers are not alone in carrying personal liability insurance, as civilians are generally not required to do so.

Role of Public Officials

Police officers are often referred to as private contractors rather than public officials. This classification raises questions about their role and responsibilities. These contractors are often seen as a potential threat to individual safety and the pursuit of happiness. The public is advised to be cautious when interacting with law enforcement, particularly in matters of personal affairs.

Legal and Ethical Considerations

The question of whether police officers must follow orders from superiors also hinges on the legal precedent set by the United States Constitution. It is clear that the final responsibility for adhering to constitutional duties lies with the individual officer. This principle is highlighted in the Officer Oath of Office, where officers swear to uphold the law.

Policy and Procedures

Police policies and procedures are documents that set out the expected behavior of officers. Violations of these policies can lead to internal investigations by Internal Affairs. The jurisdiction over these investigations typically rests with the Chief of Police or equivalent authority. Internal Affairs will determine if an officer's actions were unlawful and whether the order they were following was legitimate.

Subordinate Compliance and Legal Orders

Subordinates must comply with lawful orders. If an officer knows an order is unlawful, they have the right and duty to refuse to follow it. When such a scenario occurs, the focus of the investigation will be on the legality of the order rather than the act of insubordination. In cases where an unlawful order is followed, the officer responsible for the order is often held accountable.

Internal Affairs will likely commend the officer who refused to follow an unlawful order, and in some cases, this officer may be promoted to replace the supervisor who gave the wrongful order. Conversely, the supervisor who issued an unlawful order may face significant consequences, including termination.

Conclusion

To summarize, police officers are required to follow orders from superiors only if they are legal. The ultimate responsibility for adhering to the law and the Constitution lies with the individual officer. In matters of insubordination and the following of unlawful orders, the focus of the investigation will be on the unlawful order itself.

It is crucial that law enforcement adhere to constitutional principles and the spirit of the law. Should you have any concerns about the actions of a police officer, it is advisable to seek further clarification through legal channels or public inquiries.