*****DIRECTIVE 6.2 Flashcards

0
Q
  1. The mere fact that personnel may be sick, IOD, attending training , requesting vacation or holiday , does not what.
  2. What do notices to appear in court do
A
  1. Relieve them of their responsibility to appear in court when subpoenaed.
  2. They take precedence over all other responsibilities on that date.
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1
Q

COURT NOTICES AND SUBPOENAS

A

6.2

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2
Q
  1. How will SUBPEONAS received from agencies other then the Philadelphia DAO, including US attorney, City Solicitor, and private attorneys be processed through.
A
  1. The private attorney subpoena section of the court attendance officer at city hall
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3
Q
  1. Who will a request to appear in court from an out of state jurisdiction to testify be referred to and approved by.
A
  1. The Special Advisor to the Police commissioner.
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4
Q
  1. Which court locations will police report directly to ,and not go to city hall first.3
A
  1. Traffic court
  2. Internal affairs
  3. The Police Board of Inquiry
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5
Q
  1. Once inside court, leaving the court building is only acceptable when
A
  1. There is a personal or family emergency
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6
Q
  1. When an employee is involved in any criminal or civil litigation , who will the officer notify immediately.
  2. How.
  3. Who will the CO submit it to
A
  1. His commanding officer
  2. A memo explaining
  3. The DC , Office of professional responsibility
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7
Q
  1. Who will notify officers of court
  2. How will they call the officer
  3. During what times can notifications for court be made.
A
  1. The ORS
  2. Using ONLY the City Lines. No private lines will be used.
  3. 24, 7
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8
Q
  1. What will the ORS have to do in order to satisfy the the departments NOTICE REQUIREMENT.
A
  1. Either, speak to the officer, leave an answering machine message, or send an email.
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9
Q
  1. If the ORS is unable to reach the officer what will he do
A
  1. Put it on the S and R sheet and notify standards and accountability
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10
Q
  1. Who will provide each district with an updated court notice recall register.
  2. How often
A
  1. The standards and accountability division

2. Quarterly or upon request.

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11
Q
  1. Who will ensure that a case prep court notice is not scheduled for an officer RDO.
A
  1. The notifying supervisor
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12
Q
  1. How will officers in suspended status be compensated for their appearance in court.
A
  1. The same as full duty personnel., but they will not be entitled to overtime.
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13
Q
  1. How will officers who are in suspended status with the intent to dismiss, be compensated for court.
A
  1. The will not be paid. They are only entitled to a witness fee
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14
Q
  1. Case preps will be limited to 4 hours overtime for preps in what type of cases.
  2. What overtime hours will all other preps be limited to.
A
  1. Homicides and felony cases.

2. Two hours.

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15
Q
  1. If police personnel are subpoenaed for court by personal service subpoena (FOR A DUTY RELATED INCIDENT) who will they immediately notify.
  2. What will he do.
A
  1. Their immediate supervisor.

2. Ensure that the subpoena is sent to the court liaison unit for computer transmission.

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16
Q
  1. Officers subpoenaed to court in other jurisdictions are not entitled to what.
  2. Where are they forwarded to
A
  1. Witness fees

2. Finance unit.

17
Q
  1. For department inquires like internal affairs and PBI, SUBPEONAS will be sent no sooner then how many days before hand
A
  1. No sooner then 3 days.
18
Q
  1. Supervisors are required to review and initial all what reports. 2
  2. Within how long.
  3. Why
A
  1. Review and initial all arrest and investigative reports, including PARS.
  2. Within 10 hours of their completion.
  3. To ensure only those officers/investigators who are necessary for the successful outcome are listed.
19
Q
  1. What will supervisors to ensure of themselves , when investigations are taking place.
A
  1. That they are not placing themselves in a position that will require their testimony at a later date.
20
Q
  1. What will a supervisor do , if he should receive a court notice
A
  1. Make the court notice known to their commanding officer
21
Q
  1. Who will maintain the overall responsibility for case management, including the number of police personnel involved in each case.
A
  1. The assigned investigative supervisors.
22
Q
  1. Who will review all court notices, to determine whether the personnel subpoenaed are necessary
A
  1. Platoon supervisors
23
Q
  1. Where there are how many officers on the same case,

2. The supervisor will contact who.

A
  1. Six or more.

2. Overtime management

24
Q
  1. What is the priority of courts 19
A
  1. Must be tried preliminary hearings
  2. Must be tried all other courts
  3. Preliminary hearings
  4. Common please court - criminal cases (homicide, major felony trial, family court, felony waiver cases)
  5. Municipal court list rooms
  6. Criminal motions list and post conviction hearing act hearings
  7. Investigating grand jury
  8. Federal court.
  9. Pennsylvania board of probation and parole
  10. Civil cases
  11. City solicitor
  12. Traffic court
  13. State bureau of highway safety hearings
  14. Pa liqueur control board.
  15. Civil service commission
  16. Police board of inquiry PBI
  17. Internal affairs
  18. EEO unit interview
  19. Police advisory commission.
25
Q
  1. If an officer has multiple must be tried cases, or local and out of jurisdiction cases on the same day. What should the officer do.
A
  1. Contact the special advisor to the police commissioner.
26
Q
  1. What is local court rule 800
A
  1. Rule provides for one continuance by the prosecution.
27
Q

1..what cases take priority over all

A
  1. MUST BE TRIED CASES
28
Q
  1. How will officers not appear for a non police duty related appearance
A
  1. They will not appear in uniform.
29
Q
  1. When is the only time a police uniform may be worn for court
A
  1. For duty related court appearances only
30
Q
  1. What will officers use for non police duty related court appearances
  2. Also what are personal not entitled to for this.
A
  1. Vacation or holiday time

2. Overtime pay

31
Q
  1. Any attorney or process server attempting to serve an officer a subpoena as a character witness, will be told what.
A
  1. To contact the special advisor to the police commissioner.
32
Q
  1. Officers who receive a subpoena to appear in court as a character witness will do what.
  2. . Where will he foreword it to
  3. When must the memo be submitted.
A
  1. Immediately notify their commanding officer by memo.
  2. To the DC, officer of professional responsibility
  3. On the same day the notice is received.
33
Q
  1. What should an officer do if he gets a court notice, and upon getting to court finds out it is to be a character witness.
A
  1. Do not testify and contact the special advisor to the police commissioner.
34
Q
  1. Officers subpoenaed , summoned, or personally contacted for the purpose of interview or deposition for non duty related incidents regardless of the authority requesting, will
A
  1. Prepare a memo in triplicate directed to the special advisor to the police commissioner.
35
Q
  1. What will officers do who receive jury duty notification.

2. Where is the memo forwarded to.

A
  1. Complete the questionnaire
  2. Prepare a memo requesting to be excused
  3. Forward to the commanding officer .

It’s then sent to the jury trial commissioner.

36
Q
  1. Upon the district receipt of a court notice for an officer , the ORS will:
A
  1. Log every court notice received on their tour of duty
  2. Ensure the supervisor of each subpoenaed officer, receives their respective court notice.
  3. Promptly notify the officer.
37
Q
  1. If the officer requests a vacation day or when scheduling an officer for training , what must his platoon supervisor do
  2. And if he is
A
  1. Check the KTNQ to see if the officer is scheduled to appear in court that day.
  2. Then the training or vacation day must be denied
38
Q
  1. Who will determine the necessity of court appearances by the officer
A
  1. The supervisor.
39
Q
  1. Officers who are in court while in sick status will utilize no more then how many hours of sick leave.
A
  1. No more then 4 hours of sick leave.
40
Q
  1. How will full IOD status, limited duty status, and restricted duty status officers appearing in court be entered.
A
  1. The same manner as regular duty. 8 hours IOD., but will not be eligible for overtime.
41
Q
  1. Who is responsible to notify officers if court is closed due to in climate weather.
A
  1. The ORS.