What should a member do first if they believe an order would result in a violation of law?

When a member believes that an order could result in a violation of the law, the first step to take is to confer with a more senior supervisory member or the proper authority within their Division. This approach is grounded in the principles of due process and hierarchy within law enforcement agencies. By consulting with a superior, the member can gain clarity about the order's legality, seek guidance on how to address the situation appropriately, and ensure that they are acting within the bounds of their professional duties.

Engaging with a more senior authority fosters a collaborative environment where potential legal issues can be addressed thoughtfully and responsibly. Often, senior officers have the experience and insight to assess the situation and may provide alternative directives that are lawful. This step also reinforces the chain of command, ensuring that the member is not acting unilaterally, which is critical in maintaining operational integrity within the agency.

Conferring with an authority is essential as it minimizes the risk of miscommunication and can lead to a more informed resolution to the issue at hand. Depending on the context, the superior may take action to clarify or amend the original order, or they may support the member’s concerns, reinforcing a culture where legal compliance is prioritized.