This is a long response and the first part is totally off the subject of police barred from carrying, but the thread kind of slipped this way, so....
divemedic said:
To be realistic, cops are pretty much above the law. That is why so many of them have these license plates:
They are a signal to other cops that means: "Don't write me a ticket, I am one of you."
There are even websites on the net where cops complain about cops busting other cops. Many of them feel entitled to a free pass, and that is a large source of friction between the police community and the public they serve. If you as a LEO are really concerned with the negative opinion that many people have of the police, the police must do a better job of eliminating the bad apples.
Cop or not, I am always against any law that allows one group to have a privilege that is not available to everyone.
Ahh, now it kind of comes to the meaning and use of discretion. Most states allow officers to use discretion. I'd say it's actually all states, but I may be wrong- places like CA may have eliminated it. Now since officers are human, I'll be the first to say that occasionally one of them may use their discretion inappropriately. But, in most cases, I find a fairly proper use of discretion by most of the officers that I work with and the ones I know through my dealings with other departments.
The millions of times each year that officers uses discretion appropriately never makes the news. The first time an officer uses it inappropriately, it's a national story and then used as cannon fodder by those who like to point to the police as the enemy.
But, that's the game the media plays and the way public perception is formed. Kind of like what happens when a law-abiding citizen who happens to have a gun runs afoul of something. It turns into a media circus and is then used by the anti-gun folks as cannon fodder. I am constantly amazed by the people that seize on those types of reports and then go to the rooftops so they can lend their voice to the herd of outraged citizens. The media loves and only continues to print those stories because.... they sell!
Without getting into specifics, I use a sliding rule when using discretion in traffic situations and other minor violations of law.
Keep in mind, I'm not talking felony issues here when my use of discretion is going to be viewed with a great deal of scrutiny.
But for said minor violations, some of the criteria I use are based on the job of the person. Some of it is based on life-experiences I have had. Some of it is based on the person's attitude and some is based on what comes back during the check process. A few other things come into play. It's a total overview of the incident I am dealing with at the time.
Again without naming my personal criteria since this is for all intent purposes a public forum and available to anyone. Anyone who can figure out who 209 is could conceivably make me eat my words some day in court, so I'll just give you a laundry list I have gleaned from quite a few officers as to their criteria when looking at jobs of people they stop for minor violations:
Top Ten
Police officers (should require no deep thinking as to the reason) Emergency room nurses (should require no deep thinking as to the reason)
Emergency room doctors (should require no deep thinking as to the reason)
State Attorneys (should require no deep thinking as to the reason)
Judges (should require no deep thinking as to the reason)
US Marines (probably based on prior service by the officer)
US Army soldiers (probably based on prior service by the officer)
EMS personnel (should require no deep thinking as to the reason)
Local and State politicians (probably based on a desire to keep one's job)
Federal politicians (same as above)
Next on the list
Family members of some of the above people (actually this one fit into both eleven and twelve since the officers had two distinct groups of family members listed)
School teachers (again no clue why)
People with CCWs (Surprised- aren't you? It probably made the list because a lot of the officers polled were firearms instructors)
Tow truck drivers (I don't know about this one- I guess some officers like tow truck drivers)
That list was generated last year by two groups of officers I dealt with during training. And actually the list goes on, but the above are examples of some of the top ones. I will grant you the list is the result of unofficial polling and subject to the small segment of officers who were predominately from one region and state, but I also communicate with officers from other places in the states and those I've queried say most of the occupations listed are used in determinations in their areas.
Discretion is used. Traffic officers do it everyday. I work in an area that has rather low speeds posted (mostly 25 to 35 zones). My criteria when running speed enforcement is 15 over if traffic is fairly light and there aren't a lot of pedestrians around). Another officer I know uses 10 over. I've heard tell that there is an officer in a neighboring town that uses 5 over.
I'm pretty strict when it comes to illegal parking in disabled parking spaces. I know other officers that don't even look at that.
I know of officers that have made "other" arrangements for a local politician in lieu of taking enforcement that have "done the right thing". I personally know of an officer that arranged to get a local politician home when found to be DUI lose his job because it was viewed as an improper use of discretion.
I know of officers that have let an officer off with a pass and had nothing said. I know of several incidents where officers have lost their job by using that particular discretion based on the reason for the interaction.
As to the use of the "blue line" plates, I have to laugh. We have a police association in CT that give members stickers and placards. The rule-of-thumb in one town in the state is that people using those are probably criminals since the officers themselves have diluted the identifiers by making them available to everyone the officer know. Consequently the stickers are being used by the wrong people. The officers in that area won't even use them anymore.
Same goes with FOP stickers, blue-line plates, etc. Police officers are human. Once someone comes up with a secret squirrel code we can use to ID ourselves to another officer, some nitwit tells everyone in his extended family and in his network of friends what it is and the use of it no longer signifies the original meaning because it has become common knowledge. It is then worthless and no longer an identifier.
I don't share the same morals as every other police officer. I don't have the same ethics. Still I try to do my job as best I can. I probably do things some segment or special group would consider wrong. But I do them based on my understanding of the law, my moral compass, and my ethics. I don't consider myself above the law. If use of discretion is to be viewed as a bad thing, we can always go to a "Judge Dredd" type society where the letter of the law is followed. No sane person wants that.
Back on topic-
Now, as to the law in TN - Evidently
it is the law if what is posted here is true. Each police officer affected by it will have to make their own decision as to the way they will handle it. I'm in a rather spirited discussion with a lot of LEOs on another forum about the whole topic. The general consensus is the law is stupid. I know what I would do if it was the law around these parts. But, I'm not telling....