POBAR Flashcards
POLICE OFFICERS BILL OF RIGHTS
Can you be involved in political activity?
Yes, but not while you’re on duty or in uniform
Can you run for a school board position ?
YES
POLICE OFFICERS BILL OF RIGHTS
What is punitive actions?
Actions that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for the purposes of punishment.
POLICE OFFICERS BILL OF RIGHTS
When can interrogations take place?
Within a reasonable hour, preferably on duty, or waking hours for the officer, unless seriousness requires otherwise.
POLICE OFFICERS BILL OF RIGHTS
What information must be given to the officer who is being interrogated?
You must inform the officer of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons present during interrogation.
POLICE OFFICERS BILL OF RIGHTS
How long can an interview be?
Interrogation time shall be for a reasonable period (taking into consideration the gravity and complexity of the issue being investigated), and he or she can attend to their personal necessities (potty breaks, snacks, etc.).
POLICE OFFICERS BILL OF RIGHTS
Does the officer have to be informed of the nature of the investigation prior to questioning?
YES
POLICE OFFICERS BILL OF RIGHTS
Can the department give the officer’s home address or photograph to the press without the officer’s permission?
No
POLICE OFFICERS BILL OF RIGHTS
Does an employee have a right to have access to his or her employee file?
Yes
POLICE OFFICERS BILL OF RIGHTS
Does the employer have to keep a “true and correct copy” of the employee’s file?
YES
POLICE OFFICERS BILL OF RIGHTS
Does the officer have the right to request removal of any material mistakenly or unlawfully placed in his or her file?
Yes, after the employee examines his or her file and makes the request in writing. The department has 30 days to grant request or notify the officer of the decision to refuse.
POLICE OFFICERS BILL OF RIGHTS
How much time is the department allowed to elapse between the discovery of alleged misconduct and the punitive action?
One year
POLICE OFFICERS BILL OF RIGHTS
How long does the department have to give punitive action, denial of promotion (on grounds other than Merit), for an act, omission or other allegations of misconduct?
One year
POLICE OFFICERS BILL OF RIGHTS
Does the fact that the alleged misconduct is also subject to criminal investigation affect the one-year statute of limits?
Yes, the one year time limit is tolled during the duration of the criminal investigation.
POLICE OFFICERS BILL OF RIGHTS
Can an officer waive this one-year statue of limits?
Yes, must be done in writing, for the period of time specified in the written waiver.
POLICE OFFICERS BILL OF RIGHTS
Can the department have more than one year in the form of a “reasonable extensions?”
Yes, if investigation is multijurisdictional and requires coordination of agencies. Or if investigation involves more than one employee and the extension is reasonable.
POLICE OFFICERS BILL OF RIGHTS
How many interrogators are allowed at any interview?
TWO
POLICE OFFICERS BILL OF RIGHTS
Does the department have to provide you with a transcribed copy of any notes made by a stenographer or any reports or complaints made by the investigators or other persons?
YES
POLICE OFFICERS BILL OF RIGHTS
Is there an exception to the rule of having to provide you with a transcribed copy of any notes made by a stenographer or any reports or complaints made by the investigators?
YES, unless deemed confidential.
POLICE OFFICERS BILL OF RIGHTS
Does an officer have a right to a recording of the interview?
Yes, the interrogator can record the interview and the officer can have access to the tape.
POLICE OFFICERS BILL OF RIGHTS
When does an interrogator have to read the officer his Miranda rights?
If prior or during the interrogation the investigation becomes criminal, you must read, the officer his Miranda rights.
POLICE OFFICERS BILL OF RIGHTS
Can the officer be transferred or reassigned during an investigation?
NO
POLICE OFFICERS BILL OF RIGHTS
Can the chief of police order an officer to cooperate in another agency’s criminal investigation?
YES
POLICE OFFICERS BILL OF RIGHTS
Can a chief of police be removed without written notice of the reasons why and providing for an administrative appeal?
NO
POLICE OFFICERS BILL OF RIGHTS
Can a supervisor put an adverse comments in an officer’s personnel file without the officer reading and signing it?
Yes and no. Officers must be given the opportunity to read and sign, indicating that they are aware of the comments. The officer can refused to sign it, but they can still be placed in his file. Have the officer initial the phrase, “refused to signed,” and then place in his personnel file.
POLICE OFFICERS BILL OF RIGHTS
Does an officer have a right to an administrative appeal whenever there is a punitive action or denial of promotion on grounds other than merit?
YES
POLICE OFFICERS BILL OF RIGHTS
Does the officer have a right to respond to a negative comment in his file?
Yes. The officer has 30 days to file a written response to any adverse comment.
POLICE OFFICERS BILL OF RIGHTS
Can the officer be ordered to take a polygraph test?
NO
POLICE OFFICERS BILL OF RIGHTS
Can refusal to take the polygraph test be used against the officer?
No and their refusal cannot be documented anywhere, or brought up in court.
POLICE OFFICERS BILL OF RIGHTS
Can an officer be required to produce his or her income sources, or his family income sources?
NO
POLICE OFFICERS BILL OF RIGHTS
Is there an exception to when officers have to produce their income sources, or their family income sources?
YES. Unless the information obtained or requested was under state law, or it tends to indicate a conflict of interest with their duties, or it is necessary for a specialized unit that may be susceptible to bribes.
Can the department take punitive action against an officer for wearing a flag pin or items containing the American flag?
NO. Unless Department gives written notice stating that the violates an existing rule, regulation or policy, a citation to the specific rule, regulation or policy and statement that the officer may appeal.
POLICE OFFICERS BILL OF RIGHTS
Can the department cause the officer under interrogation to be subjected to visits by the press news media without his consent?
NO
POLICE OFFICERS BILL OF RIGHTS
Can the department give your photograph or home address without your express consent?
NO
POLICE OFFICERS BILL OF RIGHTS
Can an officer notify the department that he does not wish his photograph or identity as a public safety officer to be published on the Internet?
YES, when the officer reasonably believes disclosure could result in threat, harassment, intimidation or harm to the officers family. Employer must comply with request within two days.
POLICE OFFICERS BILL OF RIGHTS
When can your department workspace be searched (locker personal storage space)?
Cannot search an officer’s work locker or workspace for storage unless they are present, or you have consent, or you have a search warrant, or they have been notified that a search will be conducted.
POLICE OFFICERS BILL OF RIGHTS
Does POBAR apply to criminal activity?
NO
POLICE OFFICERS BILL OF RIGHTS
What is a Lybarger warning?
If it appears the officer may be charged with a criminal offense as a result of his misconduct, or if the officer refuses to answer questions on the ground he may be self-incriminating, the questions must be preceded by a Lybarger warning.
POLICE OFFICERS BILL OF RIGHTS
What does the Lybarger warning say?
Although you have a right to remain silent and not incriminate yourself, silence could be deemed insubordination, leading to administrative discipline, and any statement made under compulsion of the threat of discipline could not be used against you in any subsequent criminal proceeding.
