Are police bound by the laws they enforce ?

First, an observation...while most officers are good guys trying to do a good job at the "protect and serve" thing, I've been pulled over by some who apparently just enjoy being a bully, and the badge makes it legal. Just hope I outlive some of them!

Second, I want to relate an incident that occurred in the small town in southern Indiana where I grew up. When I was 17--and Indiana had an 11 pm curfew for those under 18--the county where I lived operated on daylight savings time, same as Louisville, KY...while state law, and the Federal Uniform Time Act, required the official time to be STANDARD time, rather than DST. So, after learning the Federal Uniform Time Act, I was in town one night around 11:10PM, DST...which was 10:10 pm, STANDARD time. Sure enough, a town cop stopped me and asked, "What're you doin' out? It's after 11." So I proceeded to quote him the Federal Uniform Time Act, chapter and verse, and explained that, according to Federal law, it was only 10:10 pm. He thought for a moment, then asked me:"Son, see this badge? [I nodded.] See this watch? [I nodded again.] As long as I've got both of 'em, THIS is legal time; now get yer @$$ off the street...NOW, kid!" So much for the actual LAW carrying any weight...it doesn't, if the cop chooses to enforce something different.

While it may be different in different areas, in general cops are required to follow all the laws citizens are subject to and a bunch of rules a citizen does not have. And cops can arrest other cops and can issue traffic citations to other cops. But in practice, this seldom occurs in traffic matters, unless something really serious happens. It is called "professional curtosy" and generally extends to on duty and off duty times. But God help a cop that has an accident in which someone dies or is seriously injured and the officer is found to be at fault and disobeying traffic laws. They will be crucified, and it will probably mean the end of their career. Officers are expected to be in control of their equipment at all times and receive special training in operation of emergency vehicles which includes accident avoidance.

Cops often drive fast, and for many reasons. Cops are also involved in vehicle pursuits, which may be some of the most dangerous time in their lives. Many departments have adopted policies that require officers to discontinue a pursuit after a short time, depending on what caused the pursuit to begin, the area of the pursuit and the potential danger to citizens from the pursuit. Everything a cop does must be justified.....you don't chase the 16 year old that has rolled through a stop sign very long or hard, but you might very well consider chasing an armed, identified bank robber until he wrecks, stops or you have to.

For most cops, traffic enforcement is a minor part of police work and is actually mostly a pain in the rear. As long as people are not placing others in imminent danger, the cops have many other things to do, like fighting REAL crimes and putting the REAL bad guys in jail. Unfortunately most citizens only contact with police is during traffic stops. Naturally some tickets have to be issued for some offenses, but officers using their discretion and just explaining the reason for the stop is usually better public relations and is just as effective.

If this guy is the elected official and drives and acts like an arrogant fool, maybe he needs to find another profession. Probably others have been shocked by his attitude and the next time he comes up for election, he may get voted out of office. If he is not an elected official, then his superiors need to know of his poor judgment, both driving and saying what he said. On the other hand, if what he said could have been an attempt at a joke and he generally does a good competant job as a law enforcement leader, I would just let it ride.

It isn't easy being a cop.

Rookies usually have to serve a probation period during which they are constantly evaluated and some recruits don't make their probation for various reasons. The usual reason is that they don't do the job well, and part of doing the job is getting along with the public. The black clothing worries me a little, but lots of officers like the mirrored shades. I wonder if he has watched the movie "Walking Tall" recently. I am assuming that this incident occured when the officer was off duty.

If he is your elected County Sheriff, maybe you have a problem and I really don't know what you should do.....If he does really stupid things that are likely to get the County in a liability situation, the County Commissioners (or whoever handles the Sheriff's Department purse strings) should be notified and maybe they can do something. If he is appointed, the person or board that appointed him should know what is going on.

But if, like I suspect, he is a fairly new officer who foolishly spouted off at the wrong time, I suggest that you let his supervisors know what he said. Watch him and Good Luck.

Local sheriff in Nemaha County Kansas was arrested for DUI WHILE IN HIS PATROL CAR by a highway patrol officer. Sheriff's deputy in Shawnee County was arrested, charged and convicted for running a STOP sign and killing a passing motorist while answering a silent alarm call. He was not using his lights or siren when he ran the intersection.

Funny, yes in my hometown (MA) years ago one town cop ticketed another for running a stop sign. The runner slid thru it in a snow storm.

You can imagine what the politics must of been like in the dept back then!

But laws vary from state to state. What applies here may not apply there. Take it from me, it's not wise to make enemies who wear badges; so, unless you've been victimized by an officer, and can prove it in court, it's probably counterproductive to pursue it...it'll just bite you in the @$$ later on.

He is right and you are right. However, he is carrying a bigger hammer. Humor the old boy.

Allan