Law enforcement within the United States has evolved over the last two hundred years into a system that, while it does not solve all of our criminal problems, is as efficient as we can make it, in all probability, considering the funding and support we give it.
Much of that criticism which we bring on law enforcement is actually better directed at government, politics and the courts. It is not a police officer's fault that the courts put people back on the streets, or that prosecutors don't prosecute, or that jails can't be funded. The law enforcement officer's primary job is to investigate and make arrest. If they do only this to the best of their ability they deserve no criticism.
A frequent misconception is that law enforcement puts people in jail. Actually law enforcement makes arrest based on probable cause or active warrants of the court. An arrest based on probable cause requires a warrant from the court to hold the subject more than 20 hours. So, it is the court that puts people in jail. If a judge does not sign a warrant the individual walks and there is nothing a law enforcement officer can do about it.
FEDERAL BUREAU of INVESTIGATION (FBI)
The FBI is probably the premier law enforcement agency in the world. It is interesting to note, though, that it is primarily an investigative agency. While the FBI has had its problems over the years, they are few when considering the vastness of the organization and its overall accomplishments.
With the strictest of entry requirements, the FBI is the most professional investigative agency in the world. Some will argue that it lacks in good old street smarts and enforcement tactics. If this is so, is not due to lack of training, but to lack of first hand experience. They just don't get down and dirty very often like other law enforcement agencies have to do.
With the 9/11 attacks on New York and the Pentagon, I strongly suspect the restructure of the FBI to bring more focused attention on homeland security. This will leave gaps in criminal investigations that will have to be picked up by other agencies such as the Drug Enforcement Agency (DEA) and the Alcohol Tobacco and Firearms (ATF). Since both of these agencies have shown basic flaws in past years, criminal investigations at the federal level may suffer in the future.
DRUG ENFORCEMENT AGENCY (DEA)
The primary problem with the DEA in past years has been its attitude that drugs can be interdicted with money. Anyone with even the slightest feel for the drug problem knows there is not enough money in the world to interdict drugs. For the most part is a complete waist of tax dollars. Having said that, I don't have a good answer to the drug problem. Building billion dollar radar surveillance sites in the southwest that don't even track skin paints on most aircraft was sure not the answer. The DEA is not a highly professional organization like that of the FBI and frequently operates more in line with CIA ,tactics.
While I have no personal vendetta against the men and women of the DEA, I think that the leaderships, perhaps all the way to the president, is misled. Surely, if they are going to spend these billions and billions of dollars the taxpayer should be getting something for his money. To date, they are not. More than 90% of the drugs are still getting through. When they do put a small dent in the market, drug prices go up on the street and are followed by a climb in crime statistics.
BUREAU OF ALCOHOL, TOBACCO, and FIREARMS (ATF)
The AFT has been the bad boy agency of federal law enforcement for years. The have perused agendas far removed from law enforcement in the past. At one point, not too many years ago, some thought they were in line to become the new American Storm Troopers. They have since been put back in their proper place. One of the problems with this agency, though, is that their place covers a lot of ground. They seem to interpret their charter to include just about anything. Part of their job is collection taxes, which is in itself unusual for law enforcement.
While other federal agencies must find reason to inter into an investigation, the ATF usually has no problem at all. Few crimes are committed without alcohol, tobacco or firearms being involved. If they are not involved it has not stopped them in the past, anyway. With a charter this broad they go where they wish and frequently do what they want, with little or know oversight.
Their record alone during the past 10 years makes me wonder what the ramifications will be using this agency to pick up slack in FBI investigations as they move more towards homeland security. They are certainly not the professionals that we are used to within the FBI.
STATE LAW ENFORCEMENT
For the most part state law enforcement officers are the elite professionals that you see on the highways across the country. They go by many names and do many jobs. Patrolling the highways and state right of ways is usually a large part of their job. But they also do criminal investigations, assist other agencies in investigations, and even investigate other law enforcement agencies within their jurisdiction.
Most states have very strict entry requirements. This is why we see the immaculate uniforms and professional attitudes when we come in contact with these officers. Another reason is because ever state knows that these are the first people to represent the state to visitors. As law enforcement goes, these guys are good.
COUNTY LAW ENFORCEMENT
County law enforcement is unique in that the Sheriff of a county is elected, not appointed or hired. It is also unique in that the Sheriff and his deputies are officers of the local court. They usually are the bailiffs in court and they serve all legal papers, civil and criminal, for the court.
Since a Sheriff is elected, it can be said that he must stay more in tune with his constituents. He does not have the buffer that other law enforcement officers have between him and the public. Overall I think this provides for more personal and probably better enforcement.
Deputies Sheriffs patrol large areas of jurisdiction and are usually spread thin. This tends to put them in harms way in that their only backup is sometimes miles away. Most deputies are well aware that they are, for all practical purpose, on their own, and learn to conduct themselves in safest possible manner. Deputy Sheriffs and City Police Officers make up the bulk of law enforcement officers that the general public will come in contact with.
CITY LAW ENFORCEMENT
City Police Officers see the bulk of all action at street level. They will make the most contact with the criminal element and statistics reflect that they will encounter most of the dangers of the job.
Depending on the size of their department, they may be very structured. The Chief of Police usually reports to the city council, mayor or city administrator and, unlike the Sheriff, is buffered one level from the general public.
Corruption is at its highest in city police departments, although I believe it is frequently very overstated. Some of the larger departments are dealing with so many personnel that is would be virtually impossible and unrealistic to expect pure devotion from all. Cops are people and people make mistakes.
SUMMARY
We in the United States enjoy freedoms that others only dream of. We have these freedoms because we make sacrifices for them. One of the sacrifices we make is that we do not give law enforcement supreme powers as they do in many countries. This allows for some crime to go unpunished. But. In turn, we need not fear our own law enforcement officials. All things considered, law enforcement in the United States at all levels works well within the limits of the constitution. I salute them all.
Winston Rogers
March 15, 2002