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Criminal Law/what are my rights

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Expert: - 8/16/2007


Question
A police officer came to my house to ask about an incident while driving. After he left he went to my employer and said i was under suspicion for a crime and now my employer has suspended me.  Is it legal for a police officer to do that?  the crime in question had nothing to do with work. It was a road rage thing and my job does not require any driving.

Answer
Dear Cheryl,

You have left out many details, but I will offer you my opinion as to the circumstances you describe.  

Please understand that police officers wield a broad range of investigative authority in pursuit of building a case against potential criminal offenders.  With that information in mind they can question you and others about any details concerning the investigation.

To answer your question then I would have to state that it probably is legal for the police to inform your employer that you were under suspicion for a crime; however it might not be ethical.

Again, because I do not know of the actual events and details involved I certainly do not know if you are guilty or not.  With that in mind, if you are innocent, you may want to talk to a licensed attorney in your area to see if you can bring an action against the police for coloring you in a negative light and costing you damages in the form of losing your employment.

I would consider reporting the investigating officer to his or her supervisors if you feel that they have acted outside the boundaries of their authority by accusing you of an act you did not commit.  I wold then consider speaking to your employer to explain the situation to him or her and to see if you can release your suspension.

Again, many of my suggestions will turn on what your involvement in the incident really is.  If you are not involved you have some grounds to protest your suspension and question the police activities.  If you are involved in the criminal incident just know that the police can question anyone about anything (people don't necessarily always have to answer though) for the most part.  However, just because you are being investigated does not mean that you sacrifice your own rights.  You can question the police as to why they told your employer what they did and you can ask for any documents or statements they are using to suspect that you were involved.  They most likely will not give them to you but it does not hurt to ask.  Again, right now you are suffering economic damages by being suspended from work.  It might be a good idea to consult a licensed attorney to have him or her take the "bull by the
horns" and help to clear you of this and get your life back on track.

I hope this information proves useful to you and good luck in putting this incident behind you.

Jeff  

Criminal Law

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Jeffrey-Peter Hauck

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I would welcome the opportunity to answer questions relating to or related to the field of criminal law. I possess the experience and education necessary to answer your concerns or to point you in the right direction. I appreciate your confidence. Thank you!

Experience

Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Allentown, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. PA Certified Act 235 Lethal Weapons Instructor in Academics, Firearms, and Skills training, among others.

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004, among others.

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