Maintaining updated policies and procedures is more than a bureaucratic task requiring occasional revisions. Staying current with local, state, and federal policies can significantly reduce the risk of future lawsuits, noncompliance issues, and other operational errors.
Diligent policy updates empower departments and officers to uphold accountability in critical situations and emergencies. Ultimately, this practice strengthens public trust and confidence in local law enforcement, knowing their officers are compliant and knowledgeable in dangerous situations.
Understanding Legal Risks in Public Safety
In 2011, Ronald Armstrong, who had a mental illness, fled a Pinehurst, North Carolina, hospital after his sister brought him there due to concerns about his behavior. Officers found him walking in and out of the roadway, acting strangely but not threatening. They persuaded him to stay out of the road and waited calmly with him for a commitment order.
Once the order was signed, their behavior changed; they closed in on him. Mr. Armstrong wrapped his arms and legs around a light post and refused to let go, even after officers tried to pull him off. Thirty seconds after advising him that the order had been signed, the officers repeatedly applied a conducted energy device to him. The struggle continued, and ultimately, Mr. Armstrong passed away.
In response, the United States Court of Appeals for the 4th Circuit ruled that Mr. Armstrong posed only a risk to himself, was non-violent, and was surrounded by people willing to help. As a result, the court determined the force used was excessive and disproportionate to the government’s interest. Still, qualified immunity was granted to the officers, as it was not clear at the time that using a conducted energy device in this manner was unlawful.
Armstrong set an important precedent, paving the way for clearer national standards. Now, using a conducted energy device on someone who is not actively resisting or otherwise threatening is considered excessive force.
How would your agency respond to a case like Armstrong? Would the officers’ conduct have violated your policy? Who would be responsible for assessing the impact of the case on your policy?
Updating policies in law enforcement isn’t just a best-practice exercise; it’s often a regulatory, statutory, and risk-management requirement. Agencies that fail to keep policies current expose their personnel and their community members to unnecessary harm. They also risk to legal liability, funding losses, accreditation issues, and civil rights violations, and failing to update procedures is often indefensible in court. More important than the liability issues are having policy guidance that will help officers do the right things for the right reasons. A man struggling with mental illness lost his life, and his family and the officers will have to deal with the aftermath of the incident for the rest of their lives. That is more important than the risk of litigation.
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The Role of Policy Updates in Risk Mitigation
Regularly updated policies are the cornerstone of compliance for any law enforcement department. Compliance evolves continually with new federal, state, and local legislation, as well as landmark court rulings. By routinely auditing and updating policies, departments ensure their operating procedures align with current legal standards and accreditation requirements. This proactive approach significantly reduces the likelihood of noncompliance issues, which can lead to costly fines, sanctions, and mandated overhauls. The holding in Armstrong provides a good example of this.
Clear, current policies serve as an indispensable guide for staff, creating a standardized framework for decision-making and action, especially in high-stress situations.
- Staff guidance: Policies provide unambiguous direction on required and prohibited actions, removing guesswork in complex scenarios to the extent possible. This can reduce errors, inconsistencies, and the chance of officers inadvertently violating rights or procedures.
- Accountability: Policies establish objective standards against which officer conduct can be measured during internal investigations or litigation. This supports fair disciplinary action when noncompliance occurs, while also helping departments legally defend actions that were compliant with laws and regulations.
- Training reinforcement: Policies become the basis for all training curricula, ensuring officers are consistently trained on the most current and legally sound methods. This closes the gap between training and real-world application, preventing the use of outdated or unauthorized tactics.
Updating policies related to data privacy and body-worn camera (BWC) footage retention ensures the department meets evolving regulatory requirements, helping prevent unnecessary lawsuits concerning improper evidence handling or civil liberties violations. In essence, a policy update is a preventive measure that hardens the department’s legal defense before an incident even occurs.
Key Areas Where Policy Updates Matter Most
Policy updates can assist with many facets of law enforcement, but where do these updates help the most, and most often? How can keeping these policies up to date help officers and administrators keep operations moving smoothly from day to day
Employee conduct or discipline policies, such as those covering use of force, non-discrimination, and ethical conduct, must be up to date to prevent misconduct, excessive force, and other civil rights violations. Clear disciplinary procedures also establish a legally defensible process for managing officer accountability. Most importantly, this will lead to a healthy, productive, and cooperative work environment.
Meanwhile, technology use and data security policies, governing BWCs, digital evidence management systems (DEMS), data retention, and privacy, require continuous updating to comply with evolving state and federal laws, especially those related to personally identifiable information (PII) and public records requests. Failure to update these policies exposes the department to significant legal challenges regarding evidence integrity and civil liberties.
Training and procedural compliance also depend on regular updates to manuals and standard operating procedures (SOPs) to ensure personnel execute duties in line with the latest legal precedents and best practices. Failing to update these areas can result in a Monell claim against the municipality if a pattern of unconstitutional practices is demonstrated.
Comprehensive, accurate, and up-to-date policies on incident reporting and documentation, evidence collection, and public records access are also vital for maintaining transparency and legally defending department actions. Policies should reflect current best practices in documentation to ensure information withstands scrutiny in court and during public inquiries.
Best Practices for Updating Policies
Updating policy can be a daunting task, especially if it’s been a while since it was last done. There are a few ways to approach this task to ensure you, your department, and the public are safe and protected.
- Conduct regular policy reviews and audits: Establish a clear schedule—ideally, annual or biannual—for reviewing all policies against current federal/state laws, court rulings, and accreditation standards. Utilize specialized policy management software to track changes and compliance status efficiently.
- Involve legal counsel and leadership for revisions: Ensure policies are practical, executable, and reflect real-world operational realities. Frontline officer feedback can identify loopholes or unintended consequences before policies are implemented.
- Standardize training and implementation: A policy is only as effective as its execution. Mandate comprehensive training for all personnel on new and revised policies before they take effect. Use scenarios and practical exercises to reinforce understanding.
- Use the right tools: It’s important to remember that you don’t need to revise your policies alone. Implementing the correct tools for your department can streamline policy updates, track compliance, and provide accessible training documents.
Final Thoughts
Regularly updating your department’s policies is not a burden; it is a critical, proactive shield against legal exposure, officer misconduct, and erosion of public trust. Outdated procedures are legally indefensible and pose serious risks to both individual officers and the entire municipality.
By committing to routine audits, involving experts, and consistently training personnel on the most current standards, you transform policy updates from a reactive chore into a foundational element of sound risk management.
Protect your department from unnecessary risk. Learn how Lexipol’s policy management and training solutions can keep your procedures up to date with state and federal laws.
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