2-73 Guidelines-warning as to rights

Question 1

When an officer is questioning or about to question a member whom he reasonably feels, or should feel, is a suspect and may be subject to charges, he must then advise this member of his what?

Answer 1

When an officer is questioning or about to question a member whom he reasonably feels, or should feel, is a suspect and may be subject to charges, he must then advise this member of his right to representation.

Question 2

Do members who are called to be witnesses need to be informed of their rights?

Answer 2

The warning and the right to representation does not extend to members who are witnesses. In
fact, such members should be informed that any refusal to answer questions will result in
disciplinary charges for the refusal to answer.

Question 3

If officer in any case suspects that a member is unable to perform assigned duties properly, he shall immediately perform what actions?

Answer 3

If officer in any case suspects that a member is unable to perform assigned duties properly, he shall immediately relieve the member from duty and warn him of his rights. He shall immediately order a Department Medical Officer to the scene.

Question 4

An officer upon finding the assigned firefighter away from the housewatch desk, may prefer what charges on that Firefighter?

Answer 4

An officer upon finding the assigned firefighter away from the housewatch desk, may prefer charges without any questions since an overt act has been committed. The officer must warn the member of his rights to representation if he wishes to question the firefighter concerning his absence from his post.

Question 5

If an officer is questioning members of a unit concerning missing equipment, he must warn what members of their rights?

Answer 5

If an officer is questioning members of a unit concerning missing equipment, he must warn only those members he feels might be at fault and subsequently become subject to charges.