Police Chief Magazine|Columns|Chief's Counsel
Chief’s Counsel: The Reality of Police Officer Untruthfulness

Before testifying in a U.S. court, each witness answers this oath: “Do you solemnly swear or affirm the testimony you are about to give in the case now on trial is the truth, the whole truth, and nothing but the truth, so help you God?” Today, more than ever, a bright light is focused on the truth, especially in criminal proceedings and law enforcement.

But what happens if a police officer has been untruthful before the trial? Does it matter if the officer’s untruthfulness is related to an internal department policy issue or to a criminal case? Could a sustained finding of officer untruthfulness, related or not to a criminal investigation, be the end of investigating criminal offenses and testifying in court—or even the end of a law enforcement career?

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Chief’s Counsel: Are After-Action Reports Privileged?

In 2011, this author wrote an article for the Chief’s Counsel section of Police Chief magazine titled “Critical Incident Review Board: Creation and Refinement.” The purpose of the article was ...
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Chief’s Counsel: Immigration Enforcement by Local Police

Immigration enforcement in the United States is generally a civil matter, handled exclusively by federal agents working for U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Patrol....
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Chief’s Counsel: The Algorithm Trap

Imagine this: a qualified applicant submits a résumé for a position in a department. Before anyone on the team lays eyes on it, an artificial intelligence (AI) system screens them out. No interview....
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Chief’s Counsel: Beyond Law Enforcement and Guardians

Words matter. The terms used to describe police work—law enforcement, public safety, guardian, protector, or warrior—do more than signal a philosophy. They define the profession’s purpose, s...
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Chief’s Counsel: SCOTUS Affirms Totality Standard in Use-of-Force Cases

On May 15, 2025, the U.S. Supreme Court issued a landmark decision in Barnes v. Felix, fundamentally altering the legal evaluation of excessive force claims under the Fourth Amendment. The ruling reje...
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Chief’s Counsel: Investigating Transnational Pig Butchering

In 2025, “pig butchering” does not necessarily result in pork chops and bacon. The term now describes a sophisticated cybercrime that combines long-term psychological manipulation with fraudulent ...
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Chief’s Counsel: Challenges to DEI Programs in Policing

In light of the recent U.S. government actions related to diversity, equity, and inclusion (DEI), it is important for police leaders to be mindful of their ongoing obligations to comply with state and...
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Chief’s Counsel: Going Beyond Face Value

Facial recognition technology (FRT) emerged 50 years ago from experiments that measured facial attributes to search for matches on a semi-automated system.1 Modern FRT is an electronic system that us...
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Chief’s Counsel: Investigating Liability

The Sixth Amendment to the U.S. Constitution requires that criminal defense attorneys provide a minimum quality of service to their clients.1 The attorney need not be perfect but must at least be com...
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Chief’s Counsel: Peer Wellness Programs and Confidentiality

Many police agencies already have or are looking into peer-to-peer counseling programs to assist first responders in dealing with the trauma that accompanies critical incidents. While these programs m...
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