Expert: Loren Stevens - 9/8/2004

Question
Hi loren,

I am writing a story and right now am doing some research.  Could you tell me some possible reasons that an officer might have to turn in his/her badge and firearm?  Would it be unreasonable for an officer to get fired due to a lack of courage in the face of danger that results in him/her not doing their job?

Thanks,
Andrea

Answer
Andrea,
Certainly an officer could be brought up on "administrative" charges for such vague areas as: "actions unbecoming an officer"' or "neglect of duty" etc. Many of those type deals are difficult to prove, where PERCEPTION is an issue.
Plus, on administrative matters, the union folks usually are supportive of the cop. s/he may get some time off w/o pay, or some other in-house sanction.
On a "criminal" issue, the dynamics are more focused, and serious. There, it isn't a "perceptional" issue, as the CORPUS DELECTI will need to be nailed down.
Usually, when an officer is either arrested or indicted, s/he is required to turn in their credentials and department issued firearm, pending the outcome of the case. If the officer is convicted, a departmental TERMINATION hearing (pre-firing) is moot, and kind of a done deal.
Also, when an officer is involved in a shooting, s/he will need to surrender their weapon pending the desposition of the matter. But, in these cases, the officer keeps their badge, but the weapon used is "evidence" and therefore germane to the case in chief.
To your question, I would say that the badge and firearm would be turned in on a felony arrest/indictment of the officer.
If you need further, or more soecific clarity, let me know.
Also, not all departments issue firearms to their officers. Some places, the officer buys their own duty weapon.
And, for your information, the badge is only half of the issued credentials. The police ID is the REAL authority credential, even though most folks don't know that. Also, some agencies copyright their badge design for a variety of reasons.
good luck,
loren