"Power [can be] the Ultimate Aphrodisiac"

by Federal Employee Defense Services (FEDS)


Good law enforcement officers can sometimes make bad decisions and intentionally or unintentionally abuse their authority. Whether it is done in the heat of the moment, out of frustration, out of character or even through some sense of entitlement, LEOs need to remain cognizant of the fact they are always being judged and will be held accountable for even the most trivial or morally justified misuse or abuse of authority. It can happen when you're on duty or off duty, on camera or deep undercover, or celebrating your 9th day or your 19th unblemished year on the job.

Below are a few examples to demonstrate how quickly an action or reaction can turn into an abuse or how the instinct to get out of trouble can get you into even deeper trouble.

• An off duty officer in a restaurant used his official status in an attempt to intimidate an offensive individual from further appalling behavior. Notwithstanding the officer's good intentions, this can be viewed as an abuse of authority and subject to investigation and disciplinary action, regardless of the understandability of the officer's action by peers and superiors.
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• A federal agent heading to an enforcement operation early in the morning was pulled over by a local police officer for speeding. When asked for his license and registration, the officer properly identified himself, showed his special agent credentials and notified the local officer that he was heading to an enforcement operation (i.e., to serve a warrant). When the local officer continued to ask for his license and registration, the agent became very agitated, dismounted his vehicle and initiated a heated verbal altercation with the local officer-all of which was captured on the local officer's "car cam." An investigation and disciplinary action ensued against the agent for unprofessional behavior.
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• A federal agent running late to catch a flight bypassed the security checkpoint at a busy airport by claiming to be armed with a firearm when she wasn't. After completing the carry forms and bypassing security, she realized how foolish her actions were. However, her attempt to correct her regrettable action further complicated matters and resulted in investigations by TSA and her agency.
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• A federal agent abused his federal authority when using his official status to try and avoid the issuance of a DUI. The repercussions are far greater for any agent who abuses his federal authority in this situation, than dealing with the consequences of the DUI.
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• A teenage son of an officer was assaulted in the neighborhood by other teenagers. Rather than contact the local authorities, the officer confronted the other teenagers in his official capacity and an altercation ensued. A complaint was filed and the officer was placed under investigation for abuse of authority.

Federal agents and officers are often unaware of the seriousness of such allegations until the process has turned against them. Although they are held to higher standards, federal agents are human. It can sometimes be difficult to control your emotions, separate the professional from the personal, and avoid the temptation to try and cover up a seemingly minor infraction. Henry Kissinger once said, "Power is the ultimate aphrodisiac." Don't let your federal authority blindly lure you into a potential career ending situation.

Should you become the subject of an investigation alleging abuse of authority, remember you have rights. If you have your professional liability insurance policy up to date, call your carrier immediately and ask to be assigned an attorney. Do not submit to questioning of any kind until speaking with an attorney.