8.200 Criminal Investigations Involving Law Enforcement Employees Flashcards
What is the scope of administrative investigations regarding allegations of criminal misconduct by law enforcement members in Nevada?
They are recognized as being beyond the scope of administrative investigations and the rights afforded by NRS 289 are not applicable.
What does NRS 289.020 state about a peace officer who refuses to cooperate with a criminal investigation?
The agency may charge the peace officer with insubordination.
Are off-duty officers threatened with insubordination for failing to cooperate in a criminal investigation?
No, off-duty witness officers have the right to choose whether or not to give a statement.
Are on-duty officers obligated to cooperate if they witness an alleged crime?
They are obligated to cooperate in the criminal investigation.
Are on-duty LVMPD members entitled to a 48-hour notice before being interviewed as witnesses?
No, they are not entitled to a 48-hour notice.
What happens if an LVMPD member requests a representative before being interviewed?
A representative will be permitted as long as they respond without delay.
What should a supervisor do if a law enforcement employee from an outside agency is a suspect in a crime?
Notify the watch commander to inform the other agency’s supervisor.
What is the immediate action required from any LVMPD employee who witnesses or becomes aware of misconduct?
Immediately notify their supervisor.
What should an employee do if their supervisor is off duty or unavailable when reporting misconduct?
Notify an on-duty supervisor.
What must any employee charged with or accused of a criminal violation or suspected criminal miscunduct do?
Immediately notify their supervisor.
What is the responsibility of a supervisor upon being notified of criminal or suspected misconduct by an officer?
Immediately notify the watch commander and CIS of the Internal Affairs Bureau (IAB).
What should LVMPD employees do if a citizen wants to report a criminal violation involving a law enforcement employee?
Immediately advise their supervisor or designee.
What is the supervisor’s role in interviewing the complainant about alleged misconduct?
Ensure the complainant or reporting person is interviewed to determine the facts and circumstances.
For reports of criminal or suspected criminal misconduct involving department employees, immediately notify the on-duty watch commander and CIS of IAB.
For reports of criminal or suspected criminal misconduct involving law enforcement employees of any other jurisdiction, immediately notify the on-duty watch commander and the appropriate investigative unit.
What should be done for reports of criminal misconduct involving department employees?
Immediately notify the on-duty watch commander and CIS of IAB.
Who investigates if an LVMPD employee is a victim of a crime?
The investigative unit that normally oversees this type of incident will be assigned to manage the case.
The investigative unit will notify CIS as a courtesy; however, CIS will not respond or assume the investigation.
If at any point during the investigation, the employee (victim) becomes a suspect, CIS will be contacted immediately and advised of the case update.
Depending on the circumstances, if the employee is identified as a potential suspect, CIS may respond and assume the investigation. This decision will be made by the IAB commander or designee.
The bureau commander of the investigating unit will be notified immediately that the victim of the investigation is an LVMPD employee.
If the employee (victim) is currently assigned to the bureau that would normally investigate the crime, the employee’s bureau commander will assign a different bureau to assume the investigation (i.e., the employee [victim] is assigned to EAC and the crime occurred in EAC, an investigative unit other than the one assigned to EAC will be called out to investigate [excluding patrol]).
What happens if the employee victim becomes a suspect during the investigation?
CIS will be contacted immediately and advised of the case update.
Who will be notified that the victim of an investigation is an LVMPD employee?
The bureau commander of the investigating unit will be notified.
The investigative unit will notify CIS as a courtesy; however, CIS will not respond or assume the investigation.
What action is taken if the employee victim is assigned to the bureau investigating the crime?
A different bureau will be assigned to assume the investigation.
What should be done if a law enforcement employee from an outside agency is a suspect or victim of a crime?
Notify the watch commander so they can inform the other agency’s supervisor of the circumstances.
What is considered criminal misconduct by an LVMPD employee?
being detained as a suspect in a crime,
charged as a suspect,
identified as a suspect or person of interest in a crime report,
found to be associating with persons known or suspected to have engaged in criminal activity, or
accused of a criminal violation regardless of the jurisdiction.
What steps will a supervisor take when taking a complaint of an employee suspected of criminal misconduct?
Ensure the complainant or reporting person is interviewed to determine the facts and circumstances of the alleged criminal misconduct.
For reports of criminal or suspected criminal misconduct involving department employees, immediately notify the on-duty watch commander and CIS of IAB.
For reports of criminal or suspected criminal misconduct involving law enforcement employees of any other jurisdiction, immediately notify the on-duty watch commander and the appropriate investigative unit.
