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Flashcards in Police Officer's Bill of Rights Deck (71):
1

6. An Officer has right to counsel prior to writing an arrest report that may be used against him in both criminal and administrative proceedings?
a. True
b. False

a. True

2

50. In the event the agency determines that discipline may be taken, it shall complete the investigation and notify the officer of the proposed discipline with 1 year, except in any of the following:
a. The employee is incapacitated or unavailable
b. Involved as a matter in civil litigation where the officer is named as a party defendant
c. Involves a matter in criminal litigation where the complainant is a criminal defendant
d. Involves an allegation of worker’s compensation
e. All of the above

e. All of the above

3

65. All complaints may be maintained in:
a. The officer’s general file
b. A separate file
c. A and B
d. None of the above

c. A and B

4

38. If an individual files a complaint with the officer’s agency alleging misconduct, criminal misconduct or incompetence, the officer may bring action for defamation and that individual if:
a. The complaint was false
b. The complaint was made with knowledge that it was false
c. The complaint was made with spite, hatred or ill will
d. All of the above

d. All of the above

5

23. In determining good cause for discovery of personnel records, the trial court consider which of the following:
a. Logical connection between the charges and the proposed defense
b. Factually specific to support a claim of officer misconduct
c. Supports the proposed defense
d. Under what theory the information would be admissible at trail
e. All of the above

e. All of the above

6

45. No officer shall be loaned or temporarily reassigned to a location or assignment if a member of his dept would not normally be sent to that location and be given that assignment.
a. True
b. False

a. True

7

67. A peace officer’s personnel records and records maintained by the agency or information obtained from these records are:
a. Confidential and shall not be disclosed
b. Can only be disclosed in a criminal case
c. Can only be disclosed in civil case
d. B and C

a. Confidential and shall not be disclosed

8

60. How often is an officer required to qualify in the use of firearms?
a. Once a year
b. Once every other year
c. Every 6 months
d. When deemed by department policy

c. Every 6 months

9

11. Does an officer, after being read the Lybarger Warning give up his right to remain silent?
a. Yes
b. No

b. No

10

19. Is a citizen complaint and adverse comment?
a. Yes
b. No

a. Yes

11

43. Pre-interrogation discovery the agency must produce the tape recordings of any prior interrogations, notes or reports and complaints before conducting any further interrogations. The following are all true except:
a. An officer can bring his own recorder
b. The above applies to all interrogations
c. The above does not apply to the initial interrogation
d. None of the above

c. The above does not apply to the initial interrogation

12

35. An at-will officer is entitled to a hearing under the following except:
a. Misconduct that he denies
b. Has a property interest, who is dismissed, demoted, suspended, or reduced in salary.
c. Has a property interest, who receives a written reprimand and who is transferred for the purpose of punishment
d. Released for not meeting expected standards
e. None of the Above.

c. Has a property interest, who receives a written reprimand and who is transferred for the purpose of punishment

13

20. Under a Pitchess Motion is an officers personal recollection protected in an oral deposition when asked about if he or she ever received reprimands?
a. Yes
b. No

a. Yes

14

31. When punitive action does not impact the officer’s pay, the agency may provide a hearing that does not afford the officers right to:
a. Counsel
b. Confront and cross-examine witnesses
c. Appeal
d. None of the Above

b. Confront and cross-examine witnesses

15

37. To qualify for a backpay award you must demonstrate:
a. A violation of an internal policy
b. A violation of the Act
c. Show that evidence was suppressed
d. Both A and B

b. A violation of the Act

16

24. Under Pitchess motion, the agencies custodian of records must produce:
a. The officer’s entire personnel file
b. Only documents potentially relevant documents
c. All documents in the personnel file
d. B and C

b. Only documents potentially relevant documents

17

4. The protections of the ACT apply to any questioning by whom?
a. An attorney
b. A supervisor
c. A citizen
d. None of the above

b. A supervisor

18

63. Complaints and any report finding shall be retained for at least ___.
a. 6 months
b. 1 year
c. 3 years
d. 5 years

d. 5 years

19

52. An investigation may be reopened against an officer if the following exists, except:
a. The officer requests the investigation be reopened
b. New evidence was discovered which could not have been discovered in the normal course of the investigation without resorting to extraordinary measures
c. New evidence resulted from the officer’s predisciplinary response of procedure
d. None of the above

a. The officer requests the investigation be reopened

20

26. Does double jeopardy apply in employment decisions?
a. Yes
b. No

b. No

21

69. Who is entitled to an officer’s statement without a subpoena:
a. The public
b. The DA’s office
c. Federal grand jury
d. None of the above

b. The DA’s office

22

55. No officer shall be compelled to submit to a lie detector against his will.
a. True
b. False

a. True

23

62. If an officer notified the department to cease and desist from disclosing his photography or identity which is being publish on the internet when he believes the disclosure could result in threat, harassment, intimidation or harm to the officer or his family, the department has ___ after receipt of notification to comply or the court can impose a civil penalty not to exceed ______ per day.
a. 30 days, $1000
b. 5 days, $500
c. 24 hours, $500
d. 2 days, $500

d. 2 days, $500

24

17. Which of the following have the right to receive notice of adverse comments entered into their personnel files and are allowed to respond?
a. Former officers
b. Reserve officers
c. Active employed officers
d. A and C

d. A and C

25

56. Which answer is most correct when, a polygraph test is required under what circumstances:
a. A criminal investigation
b. Screen applicants
c. A policy complaint
d. Voluntarily seeking transfer to sensitive assignments
e. B and D
f. All of the Above

e. B and D

26

18. After receiving a notice of an adverse comment, an officer has how many days to make and written response?
a. 10 days
b. 20 days
c. 30 days
d. 60 days

c. 30 days

27

64. All complaints may be maintained in the officer’s general file or in a separate file designated by the department.
a. True
b. False

a. True

28

29. Are negative comments in an officer’s personnel evaluation, which included threatened future discipline, considered punitive action and entitle the officer to an administrative appeal?
a. Yes
b. No

b. No

29

10. Lybarger Warnings are required under all of the following circumstances except:
a. Officer may be charged with a crime
b. Officer refused to answer questions because they may be self incriminating
c. Prior to speaking to his attorney
d. When the employer initiates interrogation of the officer

c. Prior to speaking to his attorney

30

27. Any punitive action and denial of promotion on ground other than merit for misconduct must be investigated to completion within ________.
a. 6 months
b. 1 year
c. 18 months
d. 120 days

b. 1 year

31

33. A liberty interest hearing for a probationer, only affords him/her an opportunity to:
a. Save his/her job
b. Cross-examine witnesses
c. Clear his/her name
d. B and C

c. Clear his/her name

32

36. The Court of Appeal has permitted officers to sue their agency. Which of the following are is not true:
a. Even when initiated administrative procedures prior to commencing litigation
b. For violation of the Act without exhausting the administrative remedies
c. In violation of an internal policy
d. Suppression of evidence in violation of officer’s rights under the Act is an appropriate remedy

c. In violation of an internal policy

33

40. An interrogation by which can lead to punitive action shall be conducted for what length of time?
a. No more than 4 hours
b. In 2 hour sessions with a 15 minute break in between
c. For the duration agreed upon prior to the interrogation
d. A reasonable time

d. A reasonable time

34

28. If an officer is denies a merit pay increase because of an unfavorable performance review, is the officer entitled to an administrative appeal?
a. Yes
b. No

b. No

35

39. When any officer is under investigation and subjected to interrogation by a commanding officer, or other member or the department and it could lead to punitive action, the interrogation shall be conducted as follows except:
a. At a reasonable hour; preferably when the officer is on duty
b. No compensation for any off duty time
c. Be informed prior to interrogation of the rank name and command officer in charge of the interrogation and all other persons present
d. No more than two interrogators
e. All of the above

b. No compensation for any off duty time

36

58. It is unlawful for the department to deny or refuse any officer the rights of this chapter. Upon finding by court that a department or employee maliciously violated any provision of this chapter with the intent to injure the officer, the department shall for each and every violation be liable for a civil penalty not to exceed $______ and for attorney fees.
a. $5,000
b. $10,000
c. $25,000
d. $50,000

c. $25,000

37

14. Is it required for the officer under investigation be given the investigator’s raw notes prior to disciplinary action?
a. True
b. False

a. True

38

In the event the agency determines that discipline may be taken, it shall complete the investigation and notify the officer of the proposed discipline with 1 year, except in any of the following:
a. If the act, omission, or other allegation of misconduct is also the subject of criminal investigation or prosecution
b. It’s a multijurisdictional investigation that requires reasonable coordination of the involved agencies
c. If it involves more than one employee and requires reasonable extension
d. All of the above

d. All of the above

39

71. The department shall provide a written notification to the complaining party of the disposition of the complaint within:
a. 7 days
b. 10 days
c. 30 days
d. 45 days

c. 30 days

40

41. If an officer made statement under duress, coercion, or threat of punitive action shall be admissible in subsequent civil proceedings:
a. Never. The statement would be suppressed
b. When the agency is seeking civil sanctions, including disciplinary action
c. If brought by the officer or Rep, arising out of disciplinary action
d. When used to impeach the officer’s testimony
e. If the officer is subsequently deceased

a. Never. The statement would be suppressed

41

48. An officer’s Lawful Exercise of Right include all of the following except:
a. No officer shall be subjected to punitive action or denied promotion or be threatened with such treatment
b. No punitive action or denial of promotion on grounds other than merit can be undertaken against an officer that completed probation without providing the officer with administrated appeal
c. No punitive action or denial of promotion on grounds other than merit can be undertaken for any act, omission, or other allegation of misconduct if the investigation is not completed within 1 year
d. All of the above

d. All of the above

42

46. If an officer is being interrogated by another agency on a criminal matter is he/or she entitle to the protection of the Act?
a. Yes
b. No

b. No

43

13. It is a violation of the Penal Code for management to secretly tape record an officer’s statement for an administrative investigation?
a. True
b. False

a. True

44

68. Once an officer retires the records generated during employment:
a. Cease being personnel records
b. Do no don’t cease being personnel records
c. Are deleted in full
d. A and D

b. Do no don’t cease being personnel records

45

No public safety officer shall have his locker or other personal storage space under the employer’s control searched except:
a) In his presence
b) With his consent
c) When notified
d) All of the above

d) All of the above

46

61. Filing a false complaint is a misdemeanor and requires the complainant to read and sign an admonition acknowledging the ramifications of filing a false complaint:
a. True
b. False

a. True

47

15. Does an officer, under the Act, have the right to decline to take a lie detector test?
a. Not when order
b. No
c. Yes
d. Only when advised by an attorney

c. Yes

48

44. Upon the formal written statement of charges or if interrogation focuses on matters likely to result in punitive action, the officer shall have a right to be represented by a rep. All of the following is true except:
a. The rep shall not be required to disclose information received by the affected officer for non-criminal and criminal matters.
b. This is not applicable when officer receiving counseling, instruction, or informal verbal admonishment
c. Not applicable if investigation is concerned with alleged criminal activities
d. None of the above

a. The rep shall not be required to disclose information received by the affected officer for non-criminal and criminal matters

49

3. The protections of the ACT apply to an “Internal Affairs” setting.
a. True
b. False

b. False

50

12. If the officer agrees to answer questions after the Lybarger Warning admonition, his answers can be used by the department for;
a. Criminal prosecution
b. Administrative purpose and criminal prosecution
c. Administrative purpose
d. Criminal and disciplinary action

c. Administrative purpose

51

53. Regarding the response to adverse comments entered into a personnel file; which of the following is most true;
a. The officer must have read and signed the instrument containing the comment
b. The officer has 30 days to file a written response
c. If the officer refuses to sign the instrument containing the comment, it will be entered into the personnel files
d. A B and C
e. A and the officer has only 5 working days to file a written response

d. A B and C

52

47. Does the Act apply in a worker’s compensation deposition?
a. Yes
b. No

b. No

53

66. Prior to any official determination regarding promotion, transfer, or disciplinary action by an officer’s agency, any frivolous, unfounded or exonerated complaint:
a. Shall be maintained in the officer general file
b. Shall be maintained in a separate file
c. Shall not be maintained in the officer’s general file
d. B and C

d. B

54

25. Under a Pitchess motion, courts shall exclude from discovery complaints in any criminal proceeding and the conclusions of any officer investigating a citizen complaint:
a. More than 1 year old
b. More than 5 years old
c. More than 7 years old
d. More than 10 years old

b. More than 5 years old

55

16. If an officer submits voluntarily to a lie detector test, the results will be admitted in a subsequent administrative hearing?
a. True
b. False

b. False

56

9. An Officer being investigated for conduct that may amount to criminal misconduct can only be assured of confidentiality by using a
a. Citizen rep
b. Sworn Officer rep
c. A POA rep
d. Lawyer rep

d. Lawyer rep

57

21. To File a Pitchess motion, the party seeking discovery or disclosure shall file a written motion with the court or administrative agency which has custody and control of the records ___ days prior to the hearing date/
a. 10 days
b. 15 days
c. 20 days
d. 30 days

b. 15 days

58

22. In a Pitchess motion, the moving party must identify and describe the documents sought, and must provide affidavits showing _____________ for the discovery or disclosure sought?
a. Reasonable cause
b. Probable cause
c. Good cause
d. All of the above

c. Good cause

59

70. When can; the department release factual information concerning a disciplinary investigation?
a. When requested by the public
b. When requested by the DA’s office
c. When deemed necessary by the department
d. When the officer or his rep publicly makes a statement he knows is false concerning the investigation

d. When the officer or his rep publicly makes a statement he knows is false concerning the investigation

60

5. A knowledgeable union rep could assist the employer by all of the following, except:
a. Getting a confession
b. Eliciting favorable facts
c. Getting to the bottom of the incident
d. Save the employer production time

a. Getting a confession

61

30. Who is not entitled to appeals regarding punitive action?
a. Police Officer
b. Assistant Chief of Police
c. Captains
d. Probationary Officers
e. None of the Above

d. Probationary Officers

62

32. If a probationary officer is dismissed for failing to meet performance standards, a liberty interest hearing would not be required.
a. True
b. False

a. True

63

42. Interrogation may be recorded. If so the officer shall have access to tape; the officer is also entitled to transcribed copy or notes or reports under all of the condition except:
a. If it is deemed confidential
b. If it is a only a policy complaint
c. If it is a criminal complaint
d. B and C

a. If it is deemed confidential

64

The ACT specifies elements of _____________ rights that must be accorded to “public safety officers” when they are subject to ____________ and _________.
a. Enumerated, overtime, call back.
b. Procedural, investigation, discipline
c. Procedural, detention, arrest
d. Enumerated, investigation, discipline

b. Procedural, investigation, discipline

65

7. Labor relations laws demonstrate all of the following about representation, except:
a. A rep is for mere observation.
b. A rep shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from an officer in non criminal investigations
c. Union representation is not met, if the rep is a passive observer
d. None of the above

a. A rep is for mere observation.

66

57. No officer shall have his locker or other space assigned to him searched except by a search warrant, and all of the following except:
a. Consent
b. When in the presence of Internal Affairs Commander
c. When notified of the search
d. In his presence

b. When in the presence of Internal Affairs Commander

67

34. Due Process Clause rules allow a probationer, a liberty interest hearing for all of the following except:
a. Probationary Promotion - Demotion
b. Not meeting expected standards
c. Misconduct
d. B and C

b. Not meeting expected standards

68

59. Violation of the Act are unlawful and mandate:
a. Appropriate injunctive relief
b. Extraordinary relief
c. Civil prosecution
d. Criminal prosecution
e. A and B
f. A and C

e. A and B

69

54. Every employer shall permit the officer to inspect personnel files that are used or have been used to determine the officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. I the officer believes that any portion is mistakenly or unlawfully placed in the file, the officer, may request in writing that the mistaken or unlawful portion be corrected or deleted. Within ___ calendar days of receipt of the request, the employer shall grant the officer’s request, or refused the request. If the employer refuses to grant the request, the employer shall state in writing the reasons for refusing the request and that written statement shall become part of the personnel file.
a. 5 working days
b. 7 calendar days
c. 10 calendar days
d. 30 calendar days

d. 30 calendar days

70

8. Can a sworn officer which is a rep be disciplined for failing to reveal information that would ordinarily be deemed privileged if the information is evidence of criminal conduct? And does he need to know the misconduct was criminal?
a. True, no
b. True, yes
c. False, no
d. False, yes

a. True, no

71

51. If after the investigation and after any predisciplinary response or procedure, the agency shall notify the employee in writing of its decision to impose discipline, including the date the discipline with be impose, within ____ days of its decision.
a. 7
b. 10
c. 21
d. 30

d. 30