Kara Sears
Moving to a different state and becoming a law enforcement officer there is possible, but it requires careful consideration and planning. This process is known as a lateral transfer, where you apply for a new job in the desired state, get hired, and leave your previous position. Each state has its own law enforcement commission, such as the Texas Commission on Law Enforcement (TCOLE) and the Michigan Commission on Law Enforcement Standards (MCOLES), which outline specific requirements for out-of-state applicants. These requirements often include examinations, prior training evaluations, and criminal background checks. Officers should also be aware of the legal protections and liabilities in their new state, as qualified immunity laws vary. It is essential to thoroughly research and understand the specific requirements and procedures for the state you wish to transition to.
| Characteristics | Values |
|---|---|
| Moving states as a law enforcement officer | Possible |
| Requirements | Varies by state |
| Example: Texas | Out-of-state officers must complete an initial application, including fingerprints through FAST, to determine eligibility. |
| Example: Michigan | Requires mandatory minimum recruitment, selection, and training standards for entry-level officers. |
| Example: Pennsylvania | Allows out-of-state officers to take an exam for certification, with modules exempted based on prior knowledge. |
| Considerations | Qualified immunity, work environment, and personal challenges. |
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What You'll Learn
Lateral transfers
For the hiring department, lateral transfers expand the pool of qualified candidates, enhance competition, and foster skills development. Lateral transfers are also cost-effective, as these experienced officers can be quickly assimilated into the new department, requiring only a shortened version of the academy training to familiarize themselves with the new department's specific procedures.
To be eligible for a lateral transfer, officers must meet the minimum qualifications for entry-level officers and have a minimum of two years of experience. They must also be certified as police officers in good standing at their previous agency.
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State-specific requirements
For instance, the Legislative Branch includes the United States Capitol Police, while the Judicial Branch includes the United States Supreme Court Police and the Office of Probation and Pretrial Services. The Department of the Interior, which oversees the National Park Service and the United States Fish and Wildlife Service, also has law enforcement divisions.
Individuals interested in federal law enforcement jobs must meet several strict entry-level requirements, including passing physical and medical assessments, and they must typically be between the ages of 21 and 36. Depending on the position and agency, candidates may also be required to undergo a drug screen, a polygraph examination, and a thorough background investigation.
Training is a mandatory requirement for all federal law enforcement careers, and most initial training takes place at the Federal Law Enforcement Training Center (FLETC), which has operations in Georgia, Maryland, South Carolina, and New Mexico. Some agencies, such as the CIA and CBP, have their own additional training programs.
When it comes to state and local law enforcement, the requirements and transfer processes can vary. In Pennsylvania, for example, the Police Academy is divided into four modules that total about a year of training. An officer transferring from another state can take an exam, the Act 120, which covers common law enforcement topics such as Graham vs. Connor and the tiers of a citizen encounter. In Michigan, the Michigan Commission on Law Enforcement Standards (MCOLES) sets the minimum recruitment, selection, and training standards for entry-level law enforcement officers, as outlined in Public Act 203 of 1965.
It is important to note that there is no overarching board that assigns officers across states, so the recognition of credentials and the length of onboarding can vary depending on the states involved in the transfer.
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Training standards
Some states, like Pennsylvania, break down police academy training into modules. In Pennsylvania, there are four modules that total about a year of training. An officer transferring from another state can take an exam that covers three of the four modules, and they must pass each module with a score of 70% or higher. For each module they pass, they are exempt from taking that module's coursework. However, for any modules they fail, they must go to the police academy and complete the necessary coursework.
Other states, like Michigan, have commissions that establish mandatory minimum recruitment, selection, and training standards for entry-level law enforcement officers. The Michigan Commission on Law Enforcement Standards (MCOLES) is responsible for defining the categories and classes of training and publishing the standards.
The Peace Officers Standards and Training Commission (POST) is another body that sets training requirements for law enforcement officers. The Institute for Criminal Justice Training Reform collects data on basic training, field training, and in-service hours as mandated by state legislatures or POST.
There have been calls for the creation of national minimum training standards for law enforcement officers to address the complexities and challenges of the profession and to improve community safety and trust. The Biden-Harris Administration's 2022 Executive Order on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety includes a focus on training and equitable policing, with the Department of Justice overseeing research into the effectiveness of law enforcement training.
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Licensure and certification
Understanding State Requirements:
Different states have different standards for law enforcement licensure and certification. For instance, states like Texas have the Texas Commission on Law Enforcement (TCOLE), which welcomes out-of-state law enforcement officers seeking career opportunities in the state. They provide an "Out-of-State/Federal Application" on their website, outlining the necessary work, training, and application requirements. Similarly, Michigan has the Michigan Commission on Law Enforcement Standards (MCOLES), which also provides resources for out-of-state law enforcement officers seeking licensure in the state.
Prior Training and Experience Recognition:
Many states recognize prior training and experience obtained in other jurisdictions. For example, Texas requires applicants to provide proof of successful completion of a state POST-approved (or state licensing authority) basic police officer training academy, with equivalent course topics and training hours, at the time of initial certification or licensure. This recognition of prior training can expedite the licensure process and reduce the need for redundant training.
Application and Eligibility Determination:
The process typically begins with submitting an initial application, which may include providing fingerprints through a system like FAST, to determine your eligibility. The reviewing authority, such as the state's law enforcement commission, will assess your application and may conduct searches through databases like the National Decertification Database (NDD) and National Criminal History Databases to establish eligibility.
Meeting Minimum Standards:
To become licensed as a law enforcement officer in a new state, you must meet the minimum standards for initial licensure. These standards may include specific training requirements, such as completing a state-approved basic training course or its equivalent. In some cases, you may be required to complete additional training to align with the new state's specific standards.
Examinations and Assessments:
Some states may require you to take an examination as part of the licensure process. For example, in Pennsylvania, transferring officers from other states can take an exam similar to the one academy graduates take to obtain their certification. This exam covers various modules related to law enforcement knowledge and skills.
Lateral Transfers:
If you are already a certified law enforcement officer in one state and wish to transfer to another state, you may be able to pursue a lateral transfer. This process allows you to apply for a new position in the new state and may involve a shortened onboarding process. The recognition of your previous credentials can vary depending on the reciprocity agreements between states.
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Qualified immunity
Moving states to become a law enforcement officer is possible, and it is known as a lateral transfer. The specific requirements for lateral transfers vary from state to state. For example, in Pennsylvania, an officer transferring from another state can take an exam to obtain their certification, which covers topics such as Graham vs Conner and the tiers of a citizen encounter. Other states, like California, may require an officer to complete a shortened version of their academy to familiarise themselves with the state's specific procedures.
Now, onto the topic of qualified immunity, a concept that has been criticised for making it challenging to hold abusive officers accountable. Qualified immunity is a legal doctrine that protects law enforcement officers from being held personally liable for actions performed within the scope of their duties. It was established by Supreme Court case law and provides immunity from civil lawsuits alleging violations of constitutional rights. The defence balances the need to hold officers accountable for irresponsible power exercises with protecting them from frivolous litigation and liability when they act reasonably.
For instance, in Michigan, qualified immunity is granted if an officer, while acting in the course of employment, reasonably believes they are acting within the scope of their authority and governmental functions. Similarly, if an officer's mistake regarding the law is deemed reasonable, qualified immunity will likely apply. However, if an officer's conduct is egregious or clearly unconstitutional, a plaintiff may overcome qualified immunity by proving that any reasonable officer would have known the actions were unlawful.
Between 2020 and 2021, three states—Colorado, Connecticut, and New Mexico—passed laws restricting qualified immunity for police officers accused of violating civil rights. These laws aim to address concerns about police misconduct and excessive force, making it easier for victims to seek justice.
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Frequently asked questions
Yes, it is possible to move states and become a law enforcement officer. This is called a
A lateral transfer is when a law enforcement officer moves to a new department in another state. There isn't an overarching board that assigns officers to different states, so each state has its own requirements for lateral transfers.
There are a few things to consider before making a lateral transfer to a new state. For example, qualified immunity for police officers may be revoked by the Senate, which could be a game-changer for many in the profession. Additionally, it is important to carefully review the requirements of the state you are moving to and ensure that your prior training will be accepted.
