8.200 Criminal Violations by Law Enforcement Employees Flashcards
“In the state of Nevada, allegations of criminal misconduct by law enforcement members are recognized as being beyond the scope of administrative investigations and the rights afforded by NRS 289 are…”
“NOT APPLICABLE”
“NRS 289.020…If a peace officer refuses to comply with the request by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with…”
“INSUBORDINATION”
Can an off-duty officer who witnessed an alleged crime be threatened with or charged with insubordination for failing to cooperate with the criminal investigation?
No. However, on-duty officers are obligated to cooperative.
“Any employee who witnesses or becomes aware of criminal or suspected criminal misconduct by another LVMPD employee will immediately notify their…”
Supervisor
“Any supervisor, or person acting in a supervisor capacity, being notified of criminal or suspected criminal misconduct by an LVMPD employee shall immediately notify…”
“The Watch Commander and the Criminal Investigations Section of the Internal Affairs Bureau”
Who will be notified if a citizen desires to report a criminal violation involving a law enforcement employee, regardless of the agency of employment?
The report taker’s immediate supervisor, or designee
When any LVMPD employee or an employee of an outside law enforcement agency is charged with or accused of a criminal violation, except for minor traffic violations, who will be notified?
The investigative unit will notify, through the unit’s chain of command, the Sheriff.
When a supervisor is notified about a law enforcement employee being suspected or charged with a criminal violation, the supervisor will take the follow steps,
- Ensure the incident is thoroughly investigated
- If the suspect is an LVMPD employee, notify the Watch Commander and Criminal Investigations
- If the suspect is an employee of an outside agency, notify the Watch Commander and the appropriate investigative unit.
*If the law enforcement employee is discovered during a long-term or covert investigation, notify the supervisor of Criminal Investigations.
What is the overall policy in regards to Criminal Violations by Law Enforcement Employees?
Allegations of criminal violations by any law enforcement employee are serious and must be handled expediently and judiciously.
In regards to criminal misconduct, what does NRS 289.020 state?
NRS 289.020 states, “If a peace officer refuses to comply with a request by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.”
If an off-duty officer witnesses a crime, can they be charged with insubordination if they refuse to help with the investigation?
No, off-duty officers who witness an alleged crime will not be threatened or charged with insubordination for failure to cooperate with a criminal investigation.
What are the obligations of an on-duty officer who witnessed an alleged crime?
On-duty officers who witness an alleged crime are obligated to cooperate in the criminal investigation. As such, on-duty LVMPD members who are witnesses to alleged criminal acts are not entitled to a 48-hour notice.
What will a department employee do when charged with or accused of a crime?
Any employee who is charged with or accused of criminal violation or suspected criminal misconduct, except for minor traffic violations, regardless of the jurisdiction, will immediately notify their supervisor.
What will a supervisor do when notfied of an employee being suspected of criminal activity?
Any supervisor, or person acting in a supervisor capacity, being notified of criminal or suspected criminal misconduct by an LVMPD employee shall immediately notify the watch commander and the Criminal Investigations Section of the Internal Affairs Bureau (IAB).
Supervisor will:
- Ensure the complainant or reporting person in interviewed to determine the facts and circumstances of the alleged criminal misconduct.
- For reports of criminal or suspected criminal misconduct involving department employees, immediately notify the on-duty watch commander and Criminal Investigations Section of IAB.
- For reports of criminal or suspected criminal misconduct involving law enforcement employees of any other jurisdiction, immediately notify the on-duty watch commander and the appropriate investigative unit.
