Police Chief Magazine|Columns|Chief's Counsel
Chief’s Counsel: Missouri v. McNeely: What Does This Mean for DUI Enforcement?

What? I need a search warrant to obtain a blood sample for someone who is driving drunk?!” was the common reaction from officers when the decision Missouri v. McNeely came down. It caused frustration throughout the law enforcement community. Unfortunately, like many significant cases from the U.S. Supreme Court, the decision in Missouri v. McNeely issued on April 17, 2013, leaves more questions than answers. The decision undoubtedly impacts the investigation of driving under the influence (DUI) offenses, but state and local police agencies are left to figure out how.

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Chief’s Counsel: What Hath the Court Wrought? 

The past year, 2024, has seen the U.S. Supreme Court issue several decisions of importance to police leaders—not just as police officers but as employers and government employees. And there is more ...
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Chief’s Counsel: Officers’ Duty to Intervene

A review of federal court decisions during 2023 confirms that the same principles enunciated in the leading case on the subject, Byrd v. Brishke, which was decided over 50 years ago, are still in pla...
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Chief’s Counsel: Safe and Secure U.S. Elections

The 2024 U.S. General Election will be held on November 5 across all 50 U.S. states. It is impossible to drive down a street, enter a shop, or go for a neighborhood walk without seeing campaign sign...
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Chief’s Counsel: Order in Chaos

Molotov cocktails exploding, bricks smashing into windshields, and the storming of barricades—these chaotic scenes highlight the challenges faced by police personnel during public order events. W...
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Chief’s Counsel: EEOC Pregnant Workers Fairness Act Regulations

The U.S. Equal Employment Opportunity Commission’s (EEOC) Final Regulations interpreting the Pregnancy Workers Fairness Act (PWFA) took effect on June 18, 2024.1 In addition to actual pregnancy, ...
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Chief’s Counsel: Protect and Serve

The first duty of any civilized government is to protect the life and property of its people through its military and justice functions.1 Policing’s first duty then is, and must be, to protect co...
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Chief’s Counsel: Decision-Making for No-Knock Warrants

In Jimerson v. Lewis, the United States Court of Appeals for the Fifth Circuit brought to the forefront the complexities involved in the decision-making processes of supervisory and command-level offi...
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Chief’s Counsel: Disability-Related Inquiries and Medical Examinations by EAP Counselors

The Americans with Disabilities Act (ADA) prohibits a covered U.S. employer (which includes police departments) from making disability-related inquiries or requiring medical examinations of job applic...
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Chief’s Counsel: Don’t Get Your Legal Advice From Robots

Isaac Asimov’s Three Laws of Robotics should be built into all artificial intelligence (AI) programming. The Three Laws provide that a robot may not harm a human being, must obey a human being, a...
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Chief’s Counsel: Our Femininity Is Our Strength

Women in law enforcement are not strong for women, or strong despite being women. They need not be as tough as a man or tougher than men. Women are strong and tough and formidable....
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