Fort Worth, TX asked in Criminal Law for Texas

Q: Does a cop have to follow by rules in the law book I'm asking because the small town I'm from does there own way

Can they get in trouble for that because I thought they have to follow the book because they are the laws

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: A peace officer in the State of Texas is required to follow all laws and statutes of the State of Texas and of the United States of America in performing his official duties.

A "law book" may incorporate "rules" from such laws and statutes and may also discuss rules from other laws and statutes, including ones from the past. A "law book" itself is not a primary authority which a peace office must follow. The laws and statutes of Texas and the US are the primary authorities which the peace officer must follow.

Sometimes peace officers don't know or understand the laws and statutes they are obligated to follow, just like individuals in other occupations or members of the general public. While peace officers, like individuals in other occupations, receive some training on particular laws and statutes which often are implicated in the performance of their job duties, they aren't lawyers or judges. (Note: Even law students in most law schools pass a course if they score 70% or better).

Peace officers can "get in trouble" if they deliberately do not follow laws and statutes that significantly impact another person's basic important civil rights. For example, if a peace officer were to use torture to extract a confession from an alleged perpetrator during a custodial interrogation, the officer likely would get in trouble.

T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: Yes, law enforcement officers in Texas are required to follow the rules and procedures outlined in the law. They are expected to uphold the law, adhere to constitutional rights, and conduct themselves in accordance with established legal standards. If you believe that law enforcement in your small town is not following proper procedures or engaging in questionable practices, you can consider reporting the issue to the relevant oversight authorities, such as the internal affairs division of the police department or an independent oversight agency

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