Keith Mack
The Law Enforcement Officers' Bill of Rights (LEBOR, LEOBR, or LEOBoR) is a set of rights that protect American law enforcement personnel from unreasonable investigation and prosecution arising from conduct during the official performance of their duties. It was first introduced in 1974 and has since been written into the statutes of 15 states, with 11 more considering similar legislation. The bill provides procedural safeguards for law enforcement officers, including the right to be notified of an investigation, the right to counsel during interrogation, and the right to a hearing. Critics argue that this bill makes it difficult to discipline or remove bad officers and prevents independent oversight of police actions.
| Characteristics | Values |
|---|---|
| Law enforcement officers' political activity | Except when on duty or acting in an official capacity, law enforcement officers cannot be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. |
| Rights of officers while under investigation | Officers have the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action. |
| Rights of officers prior to and during questioning | Questioning should be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to be questioned elsewhere). The officer should be informed of the questioner's identity, and all questions should be asked by or through a single investigator. |
| Conduct of a disciplinary hearing | Officers are entitled to notice of the opportunity for a hearing, representation by counsel or another non-attorney representative, access to evidence, transcripts, and other relevant documents, and the right to appeal. |
| Summary punishment and emergency suspension | N/A |
| Retaliation for exercising rights | Law enforcement officers cannot be subject to retaliation for the exercise of their rights under Federal or State law. |
| Adverse material in the officer's file | Employers are prohibited from inserting adverse material in an officer's file unless the officer has an opportunity to review and comment in writing on such material. |
| Disclosure of personal assets | N/A |
| States' rights | N/A |
| Collective bargaining agreements | N/A |
What You'll Learn
The right to be notified of an investigation and any disciplinary action
The Law Enforcement Officers' Bill of Rights (LEBOR, LEOBR, or LEOBoR) is a set of rights that protect American law enforcement personnel from unreasonable investigation and prosecution arising from conduct during the official performance of their duties. It was first introduced in 1974, and 15 states have since written versions of the bill into their statutes.
- Law enforcement officers must be notified of an investigation in a timely manner, typically at least 24 hours before the commencement of questioning or the requirement to provide information.
- The notification must include details such as the nature and scope of the investigation, any allegations or violations, and the name, rank, and command of the investigating officer.
- In some states, officers must also be informed of the names of complainants and witnesses, as well as the outcome of the investigation and any recommendations made to superiors.
- The questioning of officers should be conducted during reasonable hours when the officer is on duty, unless there are exigent circumstances.
- Officers have the right to counsel or representation during the investigation and questioning process.
- Officers cannot be threatened or harassed during the investigation and must be treated with due process and fairness.
The LEOBR has been the subject of criticism, with some arguing that it makes it difficult to discipline or remove officers who engage in misconduct or are convicted of felonies. In recent years, there has been a push for greater transparency and accountability in law enforcement, with states like Maryland repealing their version of the LEOBR in 2021.
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Rights during questioning, including the right to counsel
The Law Enforcement Officers' Bill of Rights (LEBOR, LEOBR, or LEOBoR) is a set of rights that protect American law enforcement personnel from unreasonable investigation and prosecution arising from conduct during the official performance of their duties. It grants them privileges beyond those provided to other citizens.
The LEOBR outlines the following rights during questioning, including the right to counsel:
- Questioning should be conducted for a reasonable length of time and preferably while the officer is on duty, unless there are exigent circumstances.
- Questioning should take place at the offices of those conducting the investigation or the workplace of the officer, unless the officer consents to another location.
- Officers will be questioned by a single investigator and informed of the name, rank, and command of the officer conducting the investigation.
- Officers under investigation are entitled to have counsel or any other individual of their choice present at the interrogation.
- Officers cannot be threatened, harassed, or promised rewards to induce them to answer any question.
In addition to the rights outlined in the LEOBR, the Miranda ruling by the United States Supreme Court in 1966 also established important rights for criminal suspects during police questioning. The Miranda ruling states that suspects must be informed of their rights when taken into police custody, including the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if they cannot afford one.
These rights apply to all criminal suspects, including law enforcement officers who are under investigation. Thus, law enforcement officers have the right to counsel during questioning as outlined in both the LEOBR and the Miranda ruling.
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Conduct of a disciplinary hearing
The Law Enforcement Officers' Bill of Rights (LEBOR, LEOBR, or LEOBoR) is a set of rights that protect American law enforcement personnel from unreasonable investigation and prosecution arising from conduct during the official performance of their duties. It was first introduced in 1974, following Supreme Court rulings in the cases of Garrity v. New Jersey (1967) and Gardner v. Broderick (1968).
The LEOBR outlines the conduct of a disciplinary hearing, including the following:
Notification of Investigation
Law enforcement officers shall be notified of the investigation, the nature of the alleged violation, and the outcome of the investigation, including any recommendations made to superiors by the investigators.
Questioning of the Officer
Questioning should be conducted for a reasonable length of time and preferably while the officer is on duty, unless exigent circumstances apply. The questioning should take place at the offices of those conducting the investigation or the officer's workplace, unless another location is agreed upon. The officer will be questioned by a single investigator and informed of their name, rank, and command.
Presence of Counsel
Officers under investigation have the right to have counsel or any other individual of their choice present during the interrogation.
No Threats or Harassment
Officers cannot be threatened, harassed, or promised rewards to induce them to answer any questions.
Hearing Rights
Officers are entitled to a hearing, with advance notification of the date, access to transcripts, and other relevant documents and evidence. They may be represented by counsel or another non-attorney representative at the hearing.
Personnel File
Officers have the opportunity to comment in writing on any adverse materials placed in their personnel file.
Protection from Retaliation
Officers cannot be subjected to retaliation for the exercise of their rights under Federal or State law.
Disciplinary Action
If an interrogation or investigation results in a recommendation for punitive action, the officer has the right to a hearing before a committee. Both the officer and the agency must have the opportunity to present their case, be represented by counsel, and present and cross-examine witnesses. The committee must adhere to the rules of privilege recognized by law and may admit or exclude evidence as necessary.
Appeals Process
Following the hearing, the committee must provide a written copy of its decision to the officer or their attorney and keep an official record of the hearing. The officer has the right to appeal the committee's decision to the Superior Court within a specified timeframe.
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Retaliation for exercising rights
The Law Enforcement Officers' Bill of Rights (LEBOR, LEOBR, or LEOBoR) is a set of rights that protect American law enforcement personnel from unreasonable investigation and prosecution arising from conduct during the official performance of their duties. It grants them privileges beyond those of ordinary citizens. The bill was first introduced in 1974 following Supreme Court rulings in the cases of Garrity v. New Jersey (1967) and Gardner v. Broderick (1968).
The LEOBR has been criticised for making it difficult to discipline or remove officers with a track record of bad behaviour, including those who have been convicted of felonies. Under the bill, officers are judged only by other officers, and independent review boards that provide oversight of police actions are prevented from forming.
Retaliation
The LEOBR states that law enforcement officers cannot be subject to retaliation for exercising their rights under federal or state law. This includes the right to engage in political activity or run for elective office when not on duty or acting in an official capacity.
The First Amendment also protects citizens from police retaliation. The Supreme Court has defined retaliation as an intentional act in response to a protected action. This includes the right to free expression and the right to verbally confront and challenge the police.
The Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 also prohibit retaliation for filing a complaint or participating in an investigation under these laws. Individuals have a private right of action under both these statutes and can file a private lawsuit for violations.
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Disclosure of personal assets
The impact of an ADO can be far-reaching, revealing relationships with individuals, businesses, and regulatory bodies that can become pivotal pressure points. It is important to note that non-compliance with an ADO is common and can lead to adverse inferences or prejudicial narratives that benefit the wider enforcement strategy. To ensure compliance, it is crucial to proactively monitor and reinforce the ADO and WFO, addressing any inconsistencies or gaps in the respondent's disclosure.
When framing an ADO for maximum effect, it is essential to conduct a preliminary investigation into the respondent's use of corporate vehicles and identify any recent transfers of assets to trusted individuals. This information can help broaden the scope of the ADO to include various types of assets, such as cash, properties, bank accounts, shares, artworks, vehicles, and even crypto-assets.
Once an ADO is granted, it is crucial to carefully consider the service and notification process, especially when dealing with respondents outside the English jurisdiction. While notifying third parties is important for enforcing a WFO, it is essential to accurately represent the terms of the order and avoid overstating its effects.
Asset disclosure can also inform steps in other jurisdictions, as sophisticated parties often hold assets in multiple countries. Applicants may need to invoke the powers of other jurisdictions in parallel, whether for disclosure or preservation of assets. It is worth noting that some jurisdictions, like the BVI, have codified their courts' jurisdiction to grant freestanding interim relief in support of existing or anticipated proceedings elsewhere.
Overall, a proactive approach to asset disclosure can be a powerful tool in shaping an enforcement strategy, leading to concrete results and opening up new avenues for recovery.
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Frequently asked questions
It is a set of rights intended to protect American law enforcement personnel from unreasonable investigation and prosecution arising from conduct during the official performance of their duties, through procedural safeguards.
The LEOBR provides law enforcement officers with privileges beyond those normally provided to other citizens. It includes the right to engage in political activity or run for elective office, the right to be notified of an investigation, the right to know the nature of the alleged violation, the right to be questioned for a reasonable length of time, the right to have counsel present at the interrogation, and the right to a hearing, among others.
Critics argue that the LEOBR makes it difficult to discipline or remove bad officers, even after they have been convicted of felonies. It also prevents the formation of independent review boards, resulting in officers being judged only by other officers.
As of 2015, fifteen states have versions of the bill written into their statutes, including Rhode Island, Connecticut, and Maryland. However, Maryland repealed its version of the LEOBR in 2021.
No, 29 states have rejected this policy, including Alabama, Alaska, Colorado, Georgia, Hawaii, Idaho, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Utah, Vermont, and Wyoming.
