Also known as:law enforcement officer · law-enforcement officers · law enforcement officers · LEO
Written by attorneys · grounded in primary & secondary sources — see below
A person whose duty is to enforce the laws and preserve the peace. Federal rules further specify that a federal law enforcement officer is a government agent engaged in enforcing criminal laws and authorized by the Attorney General to request search warrants.
Sources & Authorities
How it applies
Common Examples
6
State Officers Decline Federal Background Checks
Lars Lindstrom, a county sheriff, receives a directive from federal authorities to perform handgun purchaser background checks under a new federal program. He refuses, citing limits on federal power over state officers. The federal government cannot compel him to administer the program.
Officer Questions Suspect in Custody
Leo Lynch, a detective, arrests a suspect and begins questioning without providing warnings about rights. The suspect later seeks to suppress statements made during the interrogation. The absence of warnings renders the statements inadmissible at trial.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Miranda v. Arizona384 U.S. 436 (1966)
Agents Conduct Warrantless Search
Luna Lang and other federal agents enter a residence without a warrant to search for narcotics. The resident sues the agents for violating constitutional rights. The claim proceeds directly against the officers for damages.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Immunity After Compelled Testimony
Leonard Lowe, an officer, testifies under a grant of immunity before a grand jury. Prosecutors later attempt to use that testimony against him in a criminal case. The prior immunity bars any use of the compelled statements.
Kastigar v. United States406 U.S. 441 (1972)
Officer Uses Deadly Force on Fleeing Suspect
Lance Lee, a police officer, shoots a fleeing burglary suspect who poses no threat of violence. The suspect's estate sues, alleging excessive force. The use of deadly force against an unarmed, non-dangerous suspect violates constitutional standards.
Tennessee v. Garner471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)
Local Officers Enforce Firearm Restrictions
Lucy Liu, a city police officer, arrests a resident for possessing a handgun in the home under a local ordinance. The resident challenges the ordinance as unconstitutional. The Second Amendment, incorporated against the states, limits the officer's enforcement authority.
McDonald v. City of Chicago, Illinois561 U.S. 742 (2010)
Common questions
Frequently Asked
4
Does the anti-commandeering doctrine prevent federal directives to state law enforcement officers?+
Yes. The Supreme Court has held that the federal government may not command state or local officers to administer or enforce federal regulatory programs, as this violates the Tenth Amendment.
Supporting sources
When is a law enforcement officer considered a government witness at a suppression hearing?+
Under federal rules, a law enforcement officer is treated as a government witness at a suppression hearing, triggering disclosure obligations for prior statements.
Supporting sources
What authority does a federal law enforcement officer have regarding search warrants?+
A federal law enforcement officer may request a search warrant when engaged in enforcing criminal laws and authorized by the Attorney General.
Supporting sources
Can giving false information to a law enforcement officer constitute a crime?+
Yes. Knowingly providing false information to a law enforcement officer with the purpose of implicating another person is a misdemeanor under the Model Penal Code.
Supporting sources
384 U.S. 436 (1966)Evidence
…S. 547, 562 (1892). We are satisfied that all the principles embodied in the privilege apply to informal compulsion exerted by law-enforcement officers during in-custody questioning. An individual swept from familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to the techniques of persuasion described…
TortsNegligence · The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third partiesUBEFoundational