Judge Rules Warsaw Officer Had Authority Despite Not Being Sworn In
Posted
Michael Anderson-manderson@timesuniononline.com
A judge ruled Friday that a Warsaw Police Department officer had the authority to act even though he had not been sworn in. Kosciusko Superior Court III Judge Joe Sutton said, “Miles Reichard’s action was just as valid and binding as the sworn officers next to him.” On Nov. 9 2015, Reichard had stopped Ebaraia Fields under suspicion of an incident of battery and for a malfunctioning tail light. Police allege Fields was drunk and threatened other officers who arrived on the scene. Fields was charged with operating a motor vehicle while intoxicated and intimidation in connection with the incident. The issue of Reichard’s oath was raised by Fields’ attorney, Kerry Connor, who filed a motion to dismiss the charges based on Reichard’s lack of an oath. Reichard was hired by WPD on Nov. 9, 2014, but did not take his formal oath of office until Nov. 19, 2015, at a Board of Public Safety and Works meeting. During a Dec. 21 hearing, Connor argued that state law requires officers to be sworn in before they can act in authority. “It’s a shame the administration did this to Reichard but this is the way the law is,” Connor said at the hearing. “This raises concerns about whether the mayor and the police chief are being careful when it comes to making sure their officers are sworn in.” Deputy Prosecuting Attorney Karin McGrath referred to a “de facto cop doctrine,” arguing state law and appellate courts have ruled that even without a formal oath, officers who are employed and acting as part of a law enforcement agency have the legal authority to carry out their duties. Courts have held a “de facto officer doctrine” in the past. She argued Reichard had been issued a gun, a badge, a police car and reported to the police chief. “The defendant should not benefit from an administrative error,” she said. “The failure to certify his oath, it’s simply a technical mistake that does not undermine his authority as officer.” Fields is scheduled to begin a three-day jury trial in Kosciusko Superior Court III on the charges.
