RE: Issue of the law...
I understand the point that dep214 is making. Which I think....is this. If a law enforcement officer is observed enforcing the law in what is perceived to be an unequitable manner....it will call into question their veracity. And in some jurisdictions....this is more strigently applied than in other jurisdictions.
I have several friends on the local police department. It is the Police Chief's policy for this Township PD to not accept any kind of "gratuity". Now on the surface to some this seems a great idea! And to others....it might appear excessive, (and in case you are wondering why I say "it may appear excessive"), because they are not even allowed to accept a "cup of coffee" on a cold night....or a "cold soft drink"....on a hot day. In other words......nothing!
An example. The little town I live in has an annual carnival...used to raise money for the local volunteer fire department. It lasts for four days. During that period of time the local PD uses my Dad's front parking lot (four cars width) as a traffic control point. It fronts the only intersection allowing access to the carnival site (ball fields). My Dad (as well as the rest of our family) benefit....because it places LE presence right on the property....insuring a "lack of problems"....when some of the participants drink too much. The officers work this control point and alternate with other officers actually at the carnival site. They start their shifts when it's hot in the early afternoon.....and do not end them until well after midnight.....when it's cold. We have offered these officers drinks (not knowing the PD's policy) either coffee, soft drinks, and or water...and have them tell us no. And explain it's their department's policy to disallow it.
And I am a "close friend" with one of the officers. I understand the reasoning behind the thinking. By disallowing acceptance of any gratuities....it prevents either an unscrupulous person(s) from "expecting a favor in return" someday. And just as importantly....."it prevents the perception" publicly that favors are being curried. And perceptions can be as important as reality.....whether it is real or not! Having been a noncommissioned officer most of my twenty some years in the U.S. Army.....I very clearly understand the logic of such thought.....and behavior!
I do also understand the discretionary nature of authority as well. I have both experienced it as a recipient....(ie. warning for a tail light being out...that I could have been cited for).....and the practitioner. As a noncommissioned officer I exercised discretion in handling problems....based on my knowledge of a person's past behavior and performance....or lack thereof. So I do know that there is lattitude for discretion. But it is a "fine line" that any officer walks...and some jurisdictions allow "more or less discretion" by individual officers...as prescribed in their operating procedures.
In many cases for law enforcement personnel.....you're "da*ned if you do....and da*ned if you don't"!
P.S. I won't tell you the name of the Township....or the officer that told me....but this township the police will not stop a motor vehicle unless it is exceeding the speed limit by 15mph....(except School zones, Hospitals, etc.). Because their chief doesn't want his small force perpetually tied up in the magistrates office. (Plus it kind of gives you a "built in" benefit of doubt!) Agree with it or not.....that's the way it is. And I told my friend.....if he ever caught me violating the law.....I wouldn't respect him if he didn't treat me like everybody else! So he knows that is how I believe......up front!