203-08 False Or Misleading Statements

Question 1

False statement:

Answer 1

An intentional statement that an MOS knows to be untrue, which is material to the outcome of an investigation, proceeding, or other matter in connection with which the statement is made

Question 2

Misleading statement-A statement that is intended to misdirect the fact finder, and materially alter the narrative by:

Answer 2

A. Intentionally omitting a material fact or facts,
B. Making repeated claims of “I do not remember” or “ I do not know” when a reasonable person under similar circumstances would recall, or have been aware of, such material facts, or
C. Altering and or changing a members prior statement or account when a MOS is confronted with independent evidence indicating that an event did not occur as initially described, will generally be considered a misleading statement

Question 3

Inaccurate statement-

Answer 3

A statement that a MOS knows, or should know, includes incorrect material information. There is no intent to deceive, but rather the members actions are grossly negligent.

Question 4

Material fact-

Answer 4

A significant fact that a reasonable person would recognize as relevant to, or affecting, the subject matter of the issue at hand, including any foreseeable consequences, or establishment of the elements of the elements of some proscribed conduct. It is a fact that is essential to the determination of the issue and the suppression, omission, or altercation of such fact would reasonably result in a different decision or outcome. A material fact may be distinguished from an insignificant, trivial, or unimportant detail.

Question 5

Impeding-

Answer 5

Making false, misleading, and or inaccurate statements, or engaging in an impending action
Example- failing to produce records as directed by a competent authority

Question 6

Prohibited conduct-

Answer 6

1. Intentionally making a false official statement
2. Intentionally making a misleading official statement
3. Making, or causing to be made, an inaccurate official statement
4. Impeding an investigation

Question 7

Intentionally making a false official statement regarding a material matter will result in ____________________, absent extraordinary circumstances. Extraordinary circumstances will be determined by the _________________ on a case by case basis

Answer 7

• Result in separation from the department

- Police commissioner

Question 8

If during an investigation or proceeding, MOS intentionally makes a false statement, but then retracts the statement and substitutes a truthful statement during the same interview, deposition, or other session of oral testimony, a charge of false statement _____________________

Answer 8

May not be appropriate

Question 9

An investigation is considered impeded when a MOS makes false, misleading and or inaccurate statements, or engaged in impeding actions. A MOS who impedes or attempts to impede an official investigation will ____________________ for conduct prejudicial to the good order, efficiency or discipline of the department

Answer 9

Face disciplinary action

Question 10

The department will not bring ____________________ in situations where, as opposed to creating a false description of events, the member of the department merely pleads not guilty in a criminal matter, or merely denies a civil claim or an administrative charge of misconduct

Answer 10

False official statement charges