The Fraternal Order of Police (FOP) is a prominent union/lobbying organization in the United States, representing hundreds of thousands of law enforcement officers. Founded in 1915, the FOP has grown to become the largest police union in the nation, wielding considerable political and cultural influence. While its mission ostensibly focuses on supporting officers and enhancing public safety, the organization has faced persistent criticism for its lobbying activities, particularly those that seem to erode foundational principles of justice, including due process, fair trials, and evidentiary integrity.
The Peace Officer Bill of Rights (POBR) is a set of legal protections afforded to law enforcement officers to ensure fair treatment during investigations and disciplinary proceedings. These rights are designed to safeguard officers from arbitrary actions by their employers and to maintain a balance between accountability and protection of their rights. Below is a detailed breakdown of the key components of the Peace Officer Bill of Rights.
Officers are entitled to procedural due process rights during any investigation that could lead to disciplinary action, demotion, or dismissal.
Officers must be given timely notification of the nature of the investigation and the specific allegations against them.
Officers have the right to be represented by a union representative or legal counsel during any investigatory interview that could lead to disciplinary action.
Interrogations must be conducted at reasonable times and for reasonable durations, and officers must be allowed breaks for rest and personal needs.
Officers are protected from punitive actions or retaliation for exercising their rights under the POBR.
Officers have the right to access any evidence obtained during the investigation before any hearing or disciplinary action.
Officers have the right to appeal any disciplinary action through an administrative process, which may include arbitration or a civil service commission hearing.
Personnel records, including records of disciplinary actions, are generally confidential and cannot be disclosed without the officer’s consent, except under specific circumstances outlined by law.
The Peace Officer Bill of Rights is a vital legal framework that upholds the rights of law enforcement officers during investigations and disciplinary actions. It ensures they receive due process, are treated fairly, and have access to representation and evidence. This framework maintains a necessary balance between protecting officers' rights and ensuring they are held accountable for their actions.
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2019) 8 Cal.5th 28
Baggett v. Gates (1982) 32 Cal.3d 128
Pasadena Police Officers Association v. City of Pasadena (1990) 51 Cal.3d 564
Becerra v. County of Santa Cruz (1998) 68 Cal.App.4th 1450
California Correctional Peace Officers Assn. v. State of California (2000) 82 Cal.App.4th 294
Sacramento Police Officers Association v. Venegas (2002) 101 Cal.App.4th 916
County of Riverside v. Superior Court (Madrigal) (2002) 27 Cal.4th 793
San Diego Police Officers Association v. City of San Diego (2002) 104 Cal.App.4th 275
Upland Police Officers Association v. City of Upland (2003) 111 Cal.App.4th 1294
Otto v. Los Angeles Unified School District Police Department (2001) 89 Cal.App.4th 986
Runyan v. Ellis (1995) 40 Cal.App.4th 961
Van Winkle v. County of Ventura (2007) 158 Cal.App.4th 492
Mays v. City of Los Angeles (2008) 43 Cal.4th 313
Gilbert v. City of Sunnyvale (2005) 130 Cal.App.4th 1264
Moore v. City of Los Angeles (2007) 156 Cal.App.4th 373
Garrity v. New Jersey, 385 U.S. 493 (1967)
Gardner v. Broderick, 392 U.S. 273 (1968)
Uniformed Sanitation Men Association v. Commissioner of Sanitation, 392 U.S. 280 (1968)
Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia, 812 F.2d 105 (3d Cir. 1987)
Montgomery County Police Officers v. Montgomery County, 97 Md. App. 660 (1993)
Police Officers’ Labor Council v. City of Inkster (Mich. Ct. App. 1998 WL 1990240)
Cicero Police Department v. Fraternal Order of Police Lodge No. 52, 213 Ill. 2d 523 (2004)
Brotherhood of Police Officers v. City of Houston, 241 S.W.3d 129 (Tex. Ct. App. 2007)
Delaware State Troopers Association v. State, 149 A.3d 233 (Del. 2016)
Baltimore City Police Department v. Antonin, 443 Md. 707 (2015)
Rhode Island Troopers Association v. State, 87 A.3d 1193 (R.I. 2014)
In re Baltimore Police Officer No. 944, 190 Md. App. 450 (2010)
Higher Standard -or- Above the Law
Transparency in the Information Age
Impacts on Legal and Judicial Processes
Effects on Trial ProceedingsRole in Obfuscating Disclosure RequirementsInfluence on Police AccountabilityShielding of MisconductChallenges to Transparency and AccountabilityCounterarguments from Law Enforcement AdvocatesReform Movements and Proposals
Calls for Increased OversightLegislative Changes and ReformsRole of Civil Society and Advocacy GroupsSummary of Key FindingsImplications for the Future of PolicingFinal Thoughts on Balancing Officer Rights and Public Accountability