Recently a question was posted which was the catalyst for some lively discussion. The question was, "what does a law enforcement officer do if given an order by a superior officer to engage in activity which violates a citizen's Constitutional rights."
One colleague posted that any officer who would ask a subordinate to do such a thing could not be categorized as "superior." Another reminded the group that most of us had taken oaths not only to enforce the law, but also to defend the Constitution.
I believe that such an issue should never arise with properly-traine law enforcement professionals. My personal opinion as an official may conflict with the professional opinion of a supervisor. However, that opinion cannot stand against the facts which should dictate the way a directive is given and expected to be carried out.
However, if an officer is put into the unenviable position of being asked to engage in behavior which he or she knows to be illegal or violates a citizen's rights, he or she must respectfully decline. If he or she is re-ordered to essentially violate the law, the officer need not follow such an order. He or she cannot be a part of it. The next step is to immediately notify a supervisor at the next level of the chain of command. He or she must ensure that all facts are properly documented so that they may be reviewed.
Fortunately, officers are not often put in this position. Knowing what to do ahead of time, however, will help keep any officer confronted with such a situation...standing.
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