Law Enforcement Agency Policies Prohibiting Officers from Associating with Criminals

Many law enforcement agencies have policies prohibiting officers from associating with criminals, or with felons. From time to time, an officer is disciplined or terminated for violating such a policy. This recent story covers a Savannah officer who was fired for having “a relationship with a convicted felon.” This article addresses a Texas officer who resigned in lieu of termination for “maintain[ing] close ties to two known felons.” This post discusses such policies, including whether they infringe on officers’ associational rights under the United States Constitution, and concludes with a few points to consider about the scope of such policies. Policies prohibiting officers from associating with criminals are widespread. Here are some examples of policies adopted by North Carolina law enforcement agencies: Raleigh Police Department, Departmental Operating Instruction 1104-05: “All employees are prohibited from having regular or continuous associations or dealings with any person the employee knows, or should know, is under criminal investigation or indictment. Employees are prohibited from associations with persons who have a reputation in the community or the Department for present involvement in felonious or criminal behavior, except as necessary in the performance of official duties or where unavoidable because of other personal relationships or living location.” Carrboro Police Department, Policies and Procedures Manual, Chapter 1: Rules of Conduct: “Members shall avoid associations or dealings with persons whom the member knows, or reasonably should know, to be a racketeer, sexual offender, gambler, felon or suspected felon, person under criminal investigation or indictment, or person who has a [...]