How much discretion do LEOs have?

[andrewj]

A few weeks ago in one of my Criminal Justice courses, we briefly discussed LEO discretion. Unfortunately, my professor was worthless and incapable of answering any questions if it wasn't already answered in the textbook.

Sooo... are there rules or guidelines for when you are allowed to use discretion? For certain crimes or violations, are you required to take a predetermined action? If you witness an otherwise law-abiding calgunner assemble an assault weapon or high cap mag, could you simply ignore it (assuming you disagree with those laws in the first place)?

[Ron-Solo]

Unless it is a domestic violence matter or DUI, there is some discreation on misdemeanors. Very little discreation on felonies.

[Bobby Ricigliano]

There is some degree of discretion. Tickets, petty crimes, etc.

In some cases, there is ZERO discretion (I.E. Domestic Violence)

Ignoring certain laws or picking and choosing what to enforce based on personal belief is a pretty slippery slope however and is not a good idea.

[jgorman]

This

Unless it is a domestic violence matter or DUI, there is some discreation on misdemeanors. Very little discreation on felonies.

This sums it up well. Some things there are different options, some things there is only one right answer.

[seca]

In prison I say book em, book em, and did I mention book em? Get their points jacked up so high so to keep them in level 4. Offenses eventually take away program time. There is no time for them to play horse shoes volley ball, football, baseball,track,band,library, soccer. Seems like I am talking about a country club huh? Get my point!

"You don’t shoot to kill you shoot to stay alive"

[gschoelles]

There is discussed and permitted discretion and what really happens. Was that your Mother you pulled over?

I guess my point would be that the teacher said was he was able to say. You'll learn more on the streets...

[9mmepiphany]

I guess my point would be that the teacher said was he was able to say. You'll learn more on the streets...

That hurt to read and didn't get better the second time

[eltee]

Alot depends on department policy, training memos, etc. Alot also depends on your tenure, and rank. Alot has to do with any crime your district, station, unit, precinct, etc. is prioritizing.

Alot has to do with judicious use of officer's discretionary decision making based on policy and totality of circumstances (remember that phrase for report writing) :-)

What I did in my department might get me fired in another, or under other circumstances, no hard and fast rules.

[CalCop]

Alot depends on department policy, training memos, etc. Alot also depends on your tenure, and rank. Alot has to do with any crime your district, station, unit, precinct, etc. is prioritizing.

Alot has to do with judicious use of officer's discretionary decision making based on policy and totality of circumstances (remember that phrase for report writing) :-)

What I did in my department might get me fired in another, or under other circumstances, no hard and fast rules.

Very well said. Basically, there are too many variables to try to explain the right amount of discretion in any given scenario.

To the OP...if the officer's Chief LEO is a gun-friendly constitution protector, he might not sweat the failure to notice an "evil-feature" on the firearm of a law-abiding citizen. However, even gun-friendly CLEOs have to deal with politics and appease others sometimes.

The fact is, a gun-friendly cop is not going to pay enough attention to your guns to even notice if they have evil-features because he believes you are allowed to have the guns and doesn't care to inspect them.

If, though, you have done nothing wrong, other than perhaps speeding, and the cop starts asking if you have guns in the trunk....be very afraid. If you have done nothing wrong and he wants to inspect your guns, he is likely one of those JBTs who thinks your average citizen shouldn't even own a gun....be very afraid.