Police Responsibility/Loyalty
July 2008

Police officers hear it all the time. You have stopped someone for a traffic violation and have issued a citation or you have arrested someone for some crime, be it minor or major makes no difference. The argument of those charged is either “You do not know what you are doing to me!” Or “the police are picking on me”. The violator seems to think that we owe it to him to let him slide, that it is the fault of the police officer that he is in trouble. “The police” made him loose his driver’s license, or “The Police” made him do time in jail.

Just where does the loyalty of the police officer lay, to whom does he owe his allegiance?

Actually for the average citizen that is an easy question. As a police officer my priority responsibility is to the law abiding citizens who live in or visit our city. To do what I can to keep them safe and free from the ravages of those less responsible citizens who would do them harm.

As for the violators of our laws, my responsibility is to protect them from themselves.

In considering what action to take we have a term called “Police Discretion”. This doctrine gives to the law enforcement officer latitude as to how he may handle a particular incident. If he feels that he can correct the problem without filing charges or the filing a lesser charge than the definition of the law would suggest, then he has that leeway. For example, I stop a car for a speeding violation, I have the choice to write a citation, warning or give a verbal warning whichever I feel will solve the problem. When choosing which action to take the officer considers the attitude of the driver, his record of previous violations, his previous contacts with the police, the severity of the violation and the danger imposed on the public by the violator. All these factors influence which action the officer, at his discretion, will take.

In the case of serious violations such as assault, theft, burglary, OWI, reckless driving etc filing charges is almost always mandatory. And we must not forget that unless it is a scheduled offense as defined by the State Legislature, JAIL, may be the only alternative.

As citizens we are each responsible for our own actions and every action has consequences be they good or bad. The police do not force you to become a druggie or a thief that was your choice. The police did not pour alcohol down the throat of the drunk then force him to drive; those are choices he made. The police are not in control of your automobile, you are and you can choose to follow the law or not.

But, rest assured that whatever choice you make the police officer will do his duty to protect your fellow citizens from your bad choices and in so doing will also be protecting you from yourself.

August 5^th is National Night Out Against Crime. Make plans to join us in sending the message that the citizens of Clermont stand together against crime. Further information will be published soon.

Chief Arthur J. Sullivan, Jr.
Clermont Police Department
Clermont, Iowa
(563)423-7096