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Promotional Exam 2018 > POBAR > Flashcards

POBAR Flashcards

1
Q

POBAR ACT does not protect a Police Officer from criminal investigations from…

A

Other Agencies

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2
Q

True or False, The Chief can order an officer to cooperate with other agencies in criminal investigations.

A

True, failure to comply is insubordination.

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3
Q

What is “punitive action”

A

Any action that may lead to dismissal, demotion, suspension, reduction is salary, written reprimand or transfer for purposes of punishment.

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4
Q

What is the anti-huddling policy?

A

Where agencies can impose limits on the right to consult with counsel.

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5
Q

True or False, there is union representative and officer privilege when it comes to criminal matters.

A

False, a union representative can be compelled to disclose what you have discussed to them in criminal or potential criminal matters

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6
Q

When should the Lybarger warning be given?

A

A) it appears that the officer may be charged with a criminal offense as a result of misconduct or B) The officer refuses to answer questions on the ground that the answers may be self-incriminating, the questioning must be preceded by a Lybarger warning.

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7
Q

True or False, statements made during the administration interview cannot be used for criminal prosecution?

A

True

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8
Q

Who has a stautory right to recieve a copy of a Police Officer’s interview statements in a administrative interview.

A

District Attorney

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9
Q

Who can subpoena an Officer’s statements from a administrative interview?

A

A grand jury

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10
Q

Does receipt of a coerced statement violate an officer’s 5th amendment right?

A

No, but the statement may not be used for evidentiary purposes

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11
Q

Coerced statements under duress, or threat of punitive action cannot be used in any subsequent civil proceedings except….

A

When the department is seeking civil sanctions against the Police Officer, when the officer introduces his statement in a civil action arising out of a disciplinary action, when the statement is used to impeach the officers testimony or when the officer is deceased.

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12
Q

If prior to or during the interrogation, it is deemed a Police Officer may be charged with a crime, he or she shall be…

A

Mirandized

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13
Q

Officers had the right to receive notice of adverse comments being entered into their personnel file and have how many days to write a response?

A

30 days

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14
Q

An officer can have access to their own personnel file. If there are mistakes what can the officer do to correct them?

A

In writing request the errors be fixed or deleted.

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15
Q

How long does the department have to respond to an officer’s request for a correction to their personnel file?

A

30 days

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16
Q

What is a “Pitchess Motion”

A

Allows the department to disclose previously filed IA’s against the officer.

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17
Q

True or False, discovery of Police Department personnel records for officers not involved in the incident is allowed under some exceptions

A

False

18
Q

Under the California Public Records Act (CPRA) what information is available to the public about any officer

A
  1. Police Officer’s name 2. Employment Agency 3. Employment dates
19
Q

A person filing a Pitchess Motion needs to have some idea of the kind of information that they are looking for and …

A

That information would help the complainant’s defense or support the claim of officer misconduct.

20
Q

Does the department have to disclose the entire personnel file?

A

No, only parts that are “potentially relevant”

21
Q

The courts shall exclude form discovery any complaints that are more than how many years old?

A

5 years old

22
Q

True or False, Officers have a right to sue for improper disclosure of information from a personnel file.

A

False

23
Q

Investigations of misconduct that occurred on or after 1/1/1998 must be completed within…

A

1 year

24
Q

What are the 8 exceptions to the 1 year rule regarding investigations of misconduct?

A
  1. Criminal investigation
  2. Subject Officer Waives the 1 year requirement
  3. Multiple agencies involved
  4. Multiple Officers involved
  5. Employee is incapacitated or unavailable
  6. Civil Suit where the PO is named
  7. Complaintant is a criminal defendant in criminal litigation
  8. Allegation of Worker’s Comp fraud
25
Q

When can an a investigation of misconduct be re-opened after 1 year has passed?

A

When significant new evidence has been discovered”

26
Q

How long does the agency have to give an officer in writing the officers discipline and the start date of that discipline?

A

30 days

27
Q

Who does not have a right to appeal a disciplinary decision?

A

Probationary Officers

28
Q

A probationary officer released for misconduct that he denies is entitled to a what?

A

“Liberty interest” hearing under the Due Process Clause

29
Q

True or False, Due process does not apply when property is at stake

A

False, it does apply

30
Q

When may an officer sue without using the grievance procedure?

A

If the department violates POBAR

31
Q

When can an officer receive backpay?

A

Department violated POBAR or a internal policy that DOES qualify for backpay

32
Q

What is the penalty for the department maliciously violating POBAR?

A

$25,000 and attorney fees

33
Q

Who must sign off on any adverse comments in a personnel file?

A

The officer who the file belongs too

34
Q

True or False, If an officer refuses to take a polygraph test then the department can make note of it and mention the refuse in court

A

False, department can’t take note of it or mention it on court

35
Q

What is the civil penalty for anyone who has been served with a cease and desist order?

A

After 2 working days from being served have passed, the civil penalty is $500 a day everyday

36
Q

Who has jurisdiction over any POBAR violations made by a PD

A

A Superior Court

37
Q

Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of harming that officer is guilty of a….

A

misdemeanor

38
Q

What penal code says that agencies must have a procedure and policy on how to deal with citizen’s complaints?

A

Penal Code 832.5

39
Q

Complaints shall be retained for how long?

A

5 years

40
Q

Information in an officer’s personnel file can only be accessed by discovery during court proceedings, except…

A

In cases of grand jury

41
Q

A department shall provide written notification to the complaining party of the disposition of the complaint within…

A

30 days

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