Chief’s Counsel: Asking Right Question

Why Issue Recognition Is the Foundation of Lawful Policing

Much avoidable policing liability does not begin with bad intent. It begins with answering the wrong question.   

Officers, supervisors, and chiefs are often asked after the fact to explain why a decision was lawful, reasonable, and necessary. That explanation becomes difficult when the decision was made before the governing legal issue was identified. They may have acted on real facts and in good faith but still missed the legal or strategic issue the situation required them to decide.