Pundits Incorrectly Claim ‘Police Officer Bill of Rights’ Protect Dirty Cops

Share on Facebook

Save

Custom

There have been many TV and radio pundits claiming that powerful unions and Police Officer Bill of Rights (POBAR), as they’re codified in different states, have been problematic in getting rid of bad apples. As usual, the legal eagles are incorrect, it is simply not true.

First, there are many jurisdictions around the country where officers have no legal protections, and they can be terminated on the spot due to political whims. Sadly, we see this all the time, and it’s an injustice.

POBAR simply affords an accused officer of fair treatment during the investigation as well as due process during the punishment phase, should the investigation sustain allegations of misconduct.

‘I’D RATHER BE JUDGED BY 12 THAN CARRIED BY 6,’ BUT GOING TO PRISON SUCKS

One of the assignments during my career included working Internal Affairs investigations. The investigative procedures that governed my role conducting IA’s in California is codified under Government Code Sections 3300-3313. There is nothing in the Government Code (or case law) that protects dirty cops. Just like safeguards are in place for an accused individual during a criminal procedure, a police officer is no less valuable than any member of society. Therefore, the agency is required to “play by the rules” if they desire to fire an officer for allegations of misconduct. … And it happens all the time.

However, whether it’s a criminal investigation or civil proceedings, any process that eliminates due process is ripe for harsh criticism and admonishment when the case reaches court. Attorneys make a living defending people who’ve had their due process rights violated. Yet that is what rabid activists demand when it comes to the police. It’s as if officers are sub-human, so civility and due process are out of the question.

Maj. Travis Yates authored “America, We Are Leaving,” which reflected his thoughts regarding the current onslaught of law enforcement in the country. The piece has gone viral reaching more than 2.1 million readers as of Saturday morning. Moreover, it has come on the heels of news organizations simultaneously defaming him by taking prior statements out of context and failing to acknowledge well-respected sources he’s used when speaking as an expert on matters of policing.

POLICE LEADER MALIGNED BY MEDIA

“I wouldn’t wish this job on my worst enemy,” Yates wrote. “I would never send anyone I cared about into the hell that this profession has become … I used to talk cops out of leaving the job. Now I’m encouraging them. It’s over, America. You finally did it You aren’t going to have to abolish the police, we won’t be around for it.”

“Officers are afraid to speak out, they are afraid to talk,” Yates said on the Tucker Carlson show Friday. “You are only your next call away from being canceled or destroyed, and so officers feel very limited. I think citizens do, too, and we had just as many citizens comment on that article and send us emails.”

Yates speaks the truth as we’ve already seen officers beginning to resign and retire en masse due to the hotbed of race relations, with American law enforcement taking far more heat and criticism than deserved.

10 SWAT OFFICERS QUIT OVER ‘POLITICAL CLIMATE’

Naturally, the decision to leave is a difficult choice for many officers. Some have vested years into the profession, and walking away is not a simple process. Others are close to qualifying for a pension, so leaving would be costly. Yet most cops have worked their entire life for the opportunity to offer their skills as a public servant, just to be snake-bitten by leaders who should support them, but don’t.

Police officers do not seek blind allegiance, but moral courage. Sadly, “facts” have become irrelevant while “feelings” and “political agendas” rule the day.

When people bring up institutional racism, they fail to acknowledge that most of the police departments and cities being criticized have been led by “woke” leaders (mayor’s and police chiefs) for years, if not decades. If racism still exists in those organizations, then whose fault is it?

BUFFALO POLICE DEPARTMENT EMERGENCY RESPONSE TEAM RESIGNS AFTER SHOVING INCIDENT

Cops are not fighting accountability. As a matter of fact, you’d be hard pressed to find another profession more accountable and transparent than law enforcement. They are simply asking for reasonable support from the cities, counties and states that hired them. When an isolated incident occurs, like Minneapolis, it is dealt with. However, that is insufficient for radicals.

Think about it for a minute. The mantra has been, “Justice for George.” Although the wheels of justice have been in motion since day one, it’s ultimately insufficient for zealots looking to shout the loudest into the nearest bullhorn. Their goal doesn’t appear to be race relations, but zapping power and the ability of law enforcement to fulfill its’ role in a free society.

So, we need to ask, “Who will want to become our future police officers?” The answer should alarm the public. However, most people will not understand the consequences until it’s too late.

HEY AMERICA, THIS IS WHY I BECAME A COP

If servant-warriors shun the profession, we are left with minion applicants who are willing to do the bidding for woke politicians regardless of consequences. We already see this happening in cities that have been under Democrat control for decades. The result is “blind followership” in ways that have undermined civility and order. You see the results in most big cities in America.

The next time you hear a “legal expert” claim the powerful police unions and POBAR protects bad cops, what they are really saying is due process isn’t important. If that’s true, then why do we have the Fourteenth Amendment?

– Jim McNeff

What Are Your Thoughts?

Author
Recent Posts

Jim McNeff

Jim McNeff is the managing editor of Law Officer and founder of Badge 145, a ministry geared toward helping police officers and their families.

Jim worked in military and civilian law enforcement for thirty-one years. While in the USAF he flew as a crewmember aboard the National Emergency Airborne Command Post—a presidential support detail. Following his military service, he served for twenty-eight years with the Fountain Valley Police Department in Orange County, California where he retired as a lieutenant. He holds a Bachelor of Science degree in criminal justice from Southwest University and graduated from the prestigious Sherman Block Supervisory Leadership Institute as well as the IACP course, Leadership in Police Organizations.

Jim has authored three books: The Spirit behind Badge 145, Justice Revealed, and Jurisdiction.