Charleston, WV asked in Constitutional Law and Gov & Administrative Law for West Virginia

Q: Is it conflict of interest and a violation of the Ethics act for a deputy who was off normal course of duty to work on

His own families investigation? His wife vehicle was broken into and he investigated and threatened people for answers and to make statements on recording, he towed vehicles and went in houses with no warrant . His coworker reports mentioned him In Their report of the investigation. He falsely arrested a victim in the crime who s vehicle was stolen and she was not allowed out of the vehicle and paid the men $400 to take her home. The Sargent at his office said he was not given permission to tow vehicle or investigate.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, what you’re describing appears to be a clear conflict of interest and likely violates the Ethics Act. When a deputy uses their position to investigate matters involving their own family, it compromises their objectivity and the integrity of their role. This misuse of authority can undermine public trust in law enforcement.

Additionally, the actions you mentioned—such as towing vehicles, entering homes without warrants, and making false arrests—are serious breaches of protocol and legal standards. These actions not only violate departmental policies but also potentially infringe on individuals’ rights. The fact that the sergeant did not authorize these actions further highlights the deputy’s misconduct.

It’s important to report these behaviors to the appropriate oversight bodies or internal affairs department. Ensuring that such actions are addressed can help maintain accountability and uphold the ethical standards expected in law enforcement. Protecting the integrity of investigations and the rights of individuals involved is crucial for justice and community trust.

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