Frequent Regulation Changes Could Leave Federal Agents Vulnerable
Laws & Logs
According to records obtained by a local publication, San Francisco and Oakland police forces appear to have shared data from automated license plate cameras with federal law enforcement agencies over the past year, potentially breaking California state law. While state law does not allow the sharing of such information, logs show allegedly both Oakland and San Francisco have shared data with federal agencies, such as the FBI. State and local police officers currently use this technology to assist in investigations, making their police force more efficient in solving their cases by tracking suspects and their vehicles.
All California state and local law enforcement agencies are subject to the California Values Act, which prohibits agencies from using resources for immigration enforcement purposes. California state and local law enforcement agencies have recently faced allegations of sharing license plate data with Immigration and Customs Enforcement (ICE) to assist in their enhanced immigration enforcement under the new administration, a practice which is expressly prohibited under the California Values Act. According to data logs, in most cases, the Oakland Police Department (OPD) did not appear to share information directly with federal agencies. However, logs showed that other California police departments searched OPD’s system with keywords relating to federal law enforcement investigations, including those relating to immigration enforcement.
While federal agents dealing with California state and local law enforcement officers may be aware of the California Values Act, they may not know how to proceed when directives from the current administration conflict with procedures required on the state or local side. For federal agents, especially those who interface often with state and local law enforcement, having an awareness of the interaction between federal and state law is vital. This knowledge is made even more complicated by novel interpretations of existing federal authority, which makes it difficult for federal agents to be secure in the knowledge their actions are in compliance with all applicable law.
Without keeping up with current regulations and understanding what is prohibited and what is not, agents could unintentionally break the law while under the impression that they are doing their job to the best of their ability. Keeping up with the ever-evolving laws and regulations is tedious and violations, whether committed knowingly or unknowingly, could lead to allegations of wrongdoing. A FEDS Protection professional liability insurance (PLI) policy can give peace of mind to federal agents when carrying out duties amidst the changing rules and regulations of the federal government.
Recognizing Risks
There has been an influx of changes to agency guidance and regulations under the new administration, which can cause confusion and make it difficult to know what rules and regulations need to be followed. In a profession that is highly criticized and one that frequently deals with the public, it is imperative that federal agents make themselves familiar with the laws and regulations that they must abide by. Even for the most proactive federal agents, the ever-evolving rules and regulations are difficult to keep up with.
Federal agents on a day-to-day basis have access to the personal information of millions of American citizens. This type of information informationic regulations on how to safeguard it as well as ways to transmit the information. Being able to accurately protect and handle this information is a critical role. Inaccurately doing so, even if done so by mistake or simply not being familiar with current rules and regulations, will cause agents to face backlash from not only their agency but from the American public, as well.
FEDS PLI for Federal Agents
With the fast-paced rate at which the rules and regulations within the federal government change, federal agents are subject to heightened amounts of allegations of wrongdoing. It is important now more than ever to protect yourself against allegations of wrongdoing. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf. FEDS Protection can help.
As the professional liability insurance (PLI) provider endorsed by the leading federal law enforcement employee associations, FEDS Protection offers federal employee PLI policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity. The FEDS policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs.
Annual premiums for FEDS Protection PLI start at $290. Additionally, federal law enforcement officers, supervisors, and managers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm to speak directly to a representative.
*This article is provided for informational purposes only and does not constitute legal advice.
