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Flashcards in POBR Deck (20)
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If prior to, or during an investigation it is deemed you may be criminally charged, what must happen?

Must be immediately advised of your rights.


When should an interrogation be done?

During a reasonable hours, usually during your work shift unless the seriousness requires otherwise, if not, you shall be paid in accordance to your departments OT policy.


Prior to the interrogation what shall employee be notified of what?

Name, rank, and command of the interrogating person's (no more than 2). Shall also be informed of the nature of the investigation.


Can employee have representation during an investigation?

Yes, a rep of there choice


What does employee have the right to after an interrogation?

Any notes, reports, complaints not deemed as confidential.


Can employee bring there own recorded into an interrogation?



Can interrogators use offensive language?



What can the department not release to the media without our consent?

address, and photograph


What do you have the right to while off duty and out of uniform?

engage in political activity


Except for a few exceptions, how long does an agency have to complete and investigation and take punitive action or deny a promotion after finding out about it?

1 year after becoming aware of misconduct.


What must happen before adverse comments can be placed into an employee's personnel file?

Employee must be given chance to read and sign it


If employee has adverse comments placed into their file, what may then do?

may write response to be attached to it but must be done w/ 30 days


Do you have the right to inspect your personnel files?

Yes, during your normal hours


If the officer finds items he believes to be mistakenly places there or inaccurate, what may he do?

He may request they be removed in writing


Can you be compelled to take a lie detector test?

No, he may be asked, but can't be made. And no punitive action can be take if he refuses. It also cannot be noted anywhere that he refused to take it.


Can an officer be requested to give or compelled to provide information regarding items of property, income, debts, or personal or domestic expenditures?

no, not unless as required by state law or as necessary for your employer to make a particular assignment or to investigate a conflict of interest.


Your locker or work area cannot be searched unless?

a. You are present, OR
b. You consent, OR
c. You have been notified a search will occur, OR
d. The employer has obtained a valid search warrant. §3309


How much of a fine can the court place upon an agency who makes POBR violations?

up to $25,000 per violation


May A court issue an injunction or other extraordinary relief to remedy violations of the POBR.?

YEs, such as the granting
of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer.


Where is the POBR located

Government Code 3300-3313