Conduct of Law Enforcement Officers and Employees in Criminal Cases

• Pages: 9-10

9

Part III. ConDuCt of law enforCement offICers

anD emPloyees In CrImInal Cases

Standard 8-3.1. Extrajudicial Statements and

Disclosure of Information by Law

Enforcement Officers and Employees

of Law Enforcement Agencies

(a) Subject to any additional limitations imposed by local or

professional rules, law enforcement officers and employees of law

enforcement agencies should not make, cause to be made, condone

or authorize the making of a public extrajudicial statement that a

lawyer would be prohibited from making pursuant to Standards

8-2.1 and 8-2.2.

(b) Law enforcement officers and employees of law enforcement

agencies should not disclose, cause to be disclosed, or condone or

authorize the disclosure of information, images, or documents relat-

ing to a criminal matter that are not part of the public court record.

This Standard should not be construed as prohibiting law enforce-

ment officers and employees of law enforcement agencies from

releasing or authorizing the release of a record or document that

the agency is required to release under state open records laws or

the federal Freedom of Information Act, upon receipt of a proper

request. A law enforcement officer or employee of a law enforcement

agency should not place statements or evidence into the court record

or into a document that is deemed an open record under applicable

law solely for the purpose of circumventing this Standard.

(c) Nothing in this standard is intended to preclude any law

enforcement officer or employee of a law enforcement agency from

replying to charges of misconduct that are publicly made against

him or her or from participating appropriately in any legislative,

administrative, or investigative hearing.

Standard 8-3.2. Conduct with Respect to an

Individual in Custody

(a) Law enforcement officers and employees of law enforcement

agencies should not exercise their authority over an individual in a

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