An American police officer who had lost his job after allegedly giving a sandwich full of human poo to a homeless person has won an appeal against his sacking.

Matthew Luckhurst, a bicycle police officer in San Antonio, stood accused of taking faeces, putting it on some bread within a Styrofoam container, and then leaving it next to a homeless person on the street.

However, via a technicality that requires the San Antonio Police Department to make a decision on punishment for a suspended officer within 180 day, Luckhurst is still in a job.

The officer was accused of doing this back in May 2016. He was investigated by the SAPD Internal Affairs department before being fired in November of that same year.

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Matthew Luckhurst. Credit: SAPD

A counter argument from the San Antonio Police Officers Association then argued that the alleged incident was more likely to have taken place in March or April of 2016, therefore the 180 period had elapsed by the time Luckhurst was sacked in November.

The arbiter in the case said: "The indefinite suspension is overturned due to the violation of the 180-days prohibition."

They did note that his punishment was 'reasonable based on just cause for Luckhurst's action whether intentionally or grossly inappropriate, regarding the fecal sandwich being placed in a container close to a homeless person'.

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The San Antonio Chief of Police, William McManus, stated that the force disputes the timeline given by Luckhurst.

The underpass where the alleged incident took place. Credit: Google Maps

He added: "Unfortunately the arbitrator's decision was based on Luckhurst's version of the incident even though testimony from officers who were present at the scene established a clear timeline of events.

"He is still facing a separate indefinite suspension and we will vigorously defend the decision to terminate him."

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At least he's not actually out on the beat, though. That indefinite suspension that McManus referred to is for an incident during which he and another officer allegedly defecated in a female toilet at their office without flushing it and smeared what the report calls 'a brown substance' onto the toilet seat.

The documentation for that incident reads: "The toilet was left unflushed by both officers intentionally,

"Officer Luckhurst and the other officer also obtained a brown substance with the consistency of tapioca and spread it on the seat.

"Officer Luckhurst then boasted of these actions to fellow officers. This inappropriate behavior was done after a female officer requested the women's restroom be kept clean."

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Luckhurst is still suspended. Credit: SAPD