Policy Text
POLICY
122.0LEGAL AUTHORITY OF POLICE OFFICERS
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
4/2019
A.PURPOSE:
The purpose of this Standard Operating Procedure is to define the legal authority of El
Portal Police Department law enforcement officers (sworn police officers) and to define
the latitude of enforcement discretion given to each member.
B.SCOPE:
This procedure shall apply to all El Portal Police Department police officers.
C.APPLICABLE FLORIDA STATUTES:
Chapter 943, Department of Law Enforcement
D.AUTHORITY:
Florida State Statute 943.10
1.Florida State Statute 943.10 (1) authorizes law enforcement officers of the El
Portal Police Department to:
a.bear arms
b.make arrests
2.Florida State Statute 943.10 (1) identifies the primary responsibility of law
enforcement officers of the El Portal Police Department as:
a.prevention of crime
b.detection of crime
c.enforcement of the penal, criminal, traffic, ordinances and highway laws
of the state.
E.LATITUDE OF ENFORCEMENT DISCRETION
1.Discretionary power is the power of free decision, or latitude of choice within
certain legal bounds. A blend of common sense, requirements of the law, policies
and procedures of the department, and particular circumstances of a situation will
guide the officer in the decision making process. It is recognized that the
complexities of law enforcement dictate a degree of latitude for discretionary
options by an officer. In questionable situations, officers must be prepared to
justify the actions taken, and when time and circumstances permit, the officer
should confer with a supervisor for guidance in questionable situations.
2.Therefore, it is imperative that officers take into consideration when exercising
discretionary power the goals and objectives of the Department, the best interest
of the public they serve, any mitigating circumstances and the volatility of the
situation at hand.