Peace Officer Bill of Rights Flashcards
What are the conditions of an interrogation on a public safety officer?
Shall be conducted at a reasonable hour, preferably while the officer is on duty, or during normal business hours. If the officer is off duty, they should be compensated.
What information must be provided to the public safety officer before interrogation?
The officer must be informed of the rank, name, and command of the officer in charge, the interrogating officers, and all other persons present during the interrogation.
What must the public safety officer be informed of prior to interrogation?
The nature of the investigation.
What considerations should be taken into account regarding the duration of the interrogation?
The session should be for a reasonable amount of time, considering the complexity of the issue, and the officer should be allowed to take care of personal physical necessities.
What restrictions are placed on the treatment of the public safety officer during interrogation?
The officer shall not be subjected to offensive language or threats of punishment, except for
letting them know that refusal to answer may lead to punishment.
What rights does a public safety officer have regarding the recording of the interrogation?
The officer has access to the tape and a transcribed copy of any notes or reports, except those deemed confidential.
What must happen if a public safety officer may be charged with a criminal offense during interrogation?
The officer must be immediately informed of his or her constitutional rights.
What rights does a public safety officer have regarding representation during interrogation?
The officer has the right to a representative of their choice, who may be present during the interrogation.
What restrictions are there on the reassignment of public safety officers?
No officer shall be temporarily reassigned to a location or assignment not normally assigned to a sworn member of their department.
What is the time frame for when an investigation needs to be completed?
If the investigation is not completed within one year of the discovery of the allegation, no punishment or denial of promotion should occur.
What must a public agency do if it decides to impose discipline after an investigation?
Within 30 days of the decision, the agency must notify the public safety officer in writing of the decision, to include the date of discipline. Unless the officer is unavailable.
What rights do public safety officers have regarding adverse comments in their personnel files?
No adverse comment can be entered in a personnel file without the officer first reading and signing it, unless the officer refuses to sign.
How long does a public safety officer have to respond to adverse comments in their personnel file?
A public safety officer has 30 days to file a written response to any adverse comment entered in their personnel file.
Can a public safety officer be compelled to take a lie detector test?
No, and they should not face disciplinary action for refusing.
What limitations exist on searching a public safety officer’s locker or storage space?
The public safety officer must be present, must give consent, or a search warrant needs to be obtained.
