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Flashcards in POBAR Deck (41)
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POBAR ACT does not protect a Police Officer from criminal investigations from...

Other Agencies


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

True, failure to comply is insubordination.


What is "punitive action"

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


What is the anti-huddling policy?

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


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

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


When should the Lybarger warning be given?

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.


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



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

District Attorney


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

A grand jury


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

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


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

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.


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



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?

30 days


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

In writing request the errors be fixed or deleted.


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

30 days


What is a "Pitchess Motion"

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


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



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

1. Police Officer's name 2. Employment Agency 3. Employment dates


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

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


Does the department have to disclose the entire personnel file?

No, only parts that are "potentially relevant"


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

5 years old


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



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

1 year


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

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


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

When significant new evidence has been discovered"


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

30 days


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

Probationary Officers


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

"Liberty interest" hearing under the Due Process Clause


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

False, it does apply


When may an officer sue without using the grievance procedure?

If the department violates POBAR