Police Officer's Bill of Rights Flashcards
Sgt Test
1
Q
- An Officer has right to counsel prior to writing an arrest report that may be used against him in both criminal and administrative proceedings?
a. True
b. False
A
a. True
2
Q
- In the event the agency determines that discipline may be taken, it shall complete the investigation and notify the officer of the proposed discipline with 1 year, except in any of the following:
a. The employee is incapacitated or unavailable
b. Involved as a matter in civil litigation where the officer is named as a party defendant
c. Involves a matter in criminal litigation where the complainant is a criminal defendant
d. Involves an allegation of worker’s compensation
e. All of the above
A
e. All of the above
3
Q
- All complaints may be maintained in:
a. The officer’s general file
b. A separate file
c. A and B
d. None of the above
A
c. A and B
4
Q
- If an individual files a complaint with the officer’s agency alleging misconduct, criminal misconduct or incompetence, the officer may bring action for defamation and that individual if:
a. The complaint was false
b. The complaint was made with knowledge that it was false
c. The complaint was made with spite, hatred or ill will
d. All of the above
A
d. All of the above
5
Q
- In determining good cause for discovery of personnel records, the trial court consider which of the following:
a. Logical connection between the charges and the proposed defense
b. Factually specific to support a claim of officer misconduct
c. Supports the proposed defense
d. Under what theory the information would be admissible at trail
e. All of the above
A
e. All of the above
6
Q
- No officer shall be loaned or temporarily reassigned to a location or assignment if a member of his dept would not normally be sent to that location and be given that assignment.
a. True
b. False
A
a. True
7
Q
- A peace officer’s personnel records and records maintained by the agency or information obtained from these records are:
a. Confidential and shall not be disclosed
b. Can only be disclosed in a criminal case
c. Can only be disclosed in civil case
d. B and C
A
a. Confidential and shall not be disclosed
8
Q
- How often is an officer required to qualify in the use of firearms?
a. Once a year
b. Once every other year
c. Every 6 months
d. When deemed by department policy
A
c. Every 6 months
9
Q
- Does an officer, after being read the Lybarger Warning give up his right to remain silent?
a. Yes
b. No
A
b. No
10
Q
- Is a citizen complaint and adverse comment?
a. Yes
b. No
A
a. Yes
11
Q
- Pre-interrogation discovery the agency must produce the tape recordings of any prior interrogations, notes or reports and complaints before conducting any further interrogations. The following are all true except:
a. An officer can bring his own recorder
b. The above applies to all interrogations
c. The above does not apply to the initial interrogation
d. None of the above
A
c. The above does not apply to the initial interrogation
12
Q
- An at-will officer is entitled to a hearing under the following except:
a. Misconduct that he denies
b. Has a property interest, who is dismissed, demoted, suspended, or reduced in salary.
c. Has a property interest, who receives a written reprimand and who is transferred for the purpose of punishment
d. Released for not meeting expected standards
e. None of the Above.
A
c. Has a property interest, who receives a written reprimand and who is transferred for the purpose of punishment
13
Q
- Under a Pitchess Motion is an officers personal recollection protected in an oral deposition when asked about if he or she ever received reprimands?
a. Yes
b. No
A
a. Yes
14
Q
- When punitive action does not impact the officer’s pay, the agency may provide a hearing that does not afford the officers right to:
a. Counsel
b. Confront and cross-examine witnesses
c. Appeal
d. None of the Above
A
b. Confront and cross-examine witnesses
15
Q
- To qualify for a backpay award you must demonstrate:
a. A violation of an internal policy
b. A violation of the Act
c. Show that evidence was suppressed
d. Both A and B
A
b. A violation of the Act
16
Q
- Under Pitchess motion, the agencies custodian of records must produce:
a. The officer’s entire personnel file
b. Only documents potentially relevant documents
c. All documents in the personnel file
d. B and C
A
b. Only documents potentially relevant documents
17
Q
- The protections of the ACT apply to any questioning by whom?
a. An attorney
b. A supervisor
c. A citizen
d. None of the above
A
b. A supervisor
18
Q
- Complaints and any report finding shall be retained for at least ___.
a. 6 months
b. 1 year
c. 3 years
d. 5 years
A
d. 5 years
19
Q
- An investigation may be reopened against an officer if the following exists, except:
a. The officer requests the investigation be reopened
b. New evidence was discovered which could not have been discovered in the normal course of the investigation without resorting to extraordinary measures
c. New evidence resulted from the officer’s predisciplinary response of procedure
d. None of the above
A
a. The officer requests the investigation be reopened
20
Q
- Does double jeopardy apply in employment decisions?
a. Yes
b. No
A
b. No
21
Q
- Who is entitled to an officer’s statement without a subpoena:
a. The public
b. The DA’s office
c. Federal grand jury
d. None of the above
A
b. The DA’s office
22
Q
- No officer shall be compelled to submit to a lie detector against his will.
a. True
b. False
A
a. True
23
Q
- If an officer notified the department to cease and desist from disclosing his photography or identity which is being publish on the internet when he believes the disclosure could result in threat, harassment, intimidation or harm to the officer or his family, the department has ___ after receipt of notification to comply or the court can impose a civil penalty not to exceed ______ per day.
a. 30 days, $1000
b. 5 days, $500
c. 24 hours, $500
d. 2 days, $500
A
d. 2 days, $500
24
Q
- Which of the following have the right to receive notice of adverse comments entered into their personnel files and are allowed to respond?
a. Former officers
b. Reserve officers
c. Active employed officers
d. A and C
A
d. A and C
25
Q
- Which answer is most correct when, a polygraph test is required under what circumstances:
a. A criminal investigation
b. Screen applicants
c. A policy complaint
d. Voluntarily seeking transfer to sensitive assignments
e. B and D
f. All of the Above
A
e. B and D
26
Q
- After receiving a notice of an adverse comment, an officer has how many days to make and written response?
a. 10 days
b. 20 days
c. 30 days
d. 60 days
A
c. 30 days
27
Q
- All complaints may be maintained in the officer’s general file or in a separate file designated by the department.
a. True
b. False
A
a. True
28
Q
- Are negative comments in an officer’s personnel evaluation, which included threatened future discipline, considered punitive action and entitle the officer to an administrative appeal?
a. Yes
b. No
A
b. No