POST Certification & Investigations Flashcards
What is the mission and function of POST?
- To promote and ensure the safety and welfare of the citizens
- To establish minimum standards and training
What does POST stand for?
Peace Officer Standards and Training
What are the different certification classifications for peace officers?
- Special Function Officer
- Law Enforcement Officer
- Correctional Officer
- Federal Officer
What are the minimum eligibility requirements to be a peace officer?
- US citizen
- 21 years old
- High school graduate or GED
- Not convicted with a felony
- Demonstrates good moral character
- Free from adverse physical, emotional, or mental condition
What are the requirements to gain and maintain peace officer certification?
- Approval of Application of Certification
- Completion of basic training course
- Actively employed by peace officer organization
- completion of annual (yearly) 40 hour training requirement
what are the consequences of certification lapse due to inactivity?
- 18mo to 4 years of inactivity require an officer to go through the recertification process
- Greater than 4 years of inactivity required completion of basic training.
- must have 40 hours of training each year as a current officer to maintain active status otherwise at risk of suspension.
What is the POST investigation process?
- Allegation of misconduct
- Decision to open case or no action
- Independent Investigation
- Administrative law judge hearing
- Notice of agency action
- POST council review
What are Brady’s disclosure requirements?
Brady v. Maryland
The prosecution cannot suppress information from the defence team in regard to the accused or witnesses that were involved.
Ex. Brady confessed committing murder, and the prosecution withheld that information from the defence to secure the death penalty for Brady.
What is the significance of Giglio v. United States?
Prosecutor must disclose information that may affect the reliability of a witness.
Ex. Giglio’s co-conspirator was given an immunity deal to testify against Giglio in court but such a deal was denied to have been made when the defence inquired about it.
How does Brady and Giglio obligations affect officers?
- Any evidence affecting the credibility of a witness must be provided to the defence.
- The Brady list was created as a way to identify officers that have something in their disciplinary file that affects their credibility so severely that their testimony anyone annoy be relied upon.
What are the due process rights of the peace officer?
- Right to administrative law judge hearing
- Right to appeal to appellate court
- Burden of proof standard
What offended does POST investigate?
- Willful falsification of any information to obtain certification.
- Physical or mental disability affecting ability to perform duties
- Addiction to alcohol or any controlled substance
- Engaging in conduct which is a state or federal criminal offence
- Refusing to respond, or failing to respond truthfully after being given Garrity warning
- Engaging in sexual conduct while on duty.
- Certified as a law enforcement officer and unable to possess a firearm under state or federal law.
What are POST Council actions that can be taken against a peace officer?
- Letter of caution
- Suspension
- Revocation
- Action reported to nationwide decertification index
What constitutes voluntary relinquishment?
- permanent revocation
- action reported to nationwide decertification index
What are the main general affects of officer misconduct?
- Place officer’s career in jeopardy
- Civil/criminal liability
- Public embarrassment
- Compromises police legitimacy
