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35 Cards in this Set
- Front
- Back
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Government Code for Peace Officers Bill of Rights?
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Section 3300
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True/False The Admonishment of Admin Rights shall be read and signed by each department employee prior to being interviewed whether they are subjects or witnesses.
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True
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T/F A supervisor conducting an admin investigation is a direct representative of the sheriff and acts for him?
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True
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All admin investigations are considered _____________ personnel records?
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CONFIDENTIAL
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Who do you notify if any person interferes with an internal criminal or administrative investigation.
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Internal Affairs Bureau unit commander.
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T/F The Peace Officers Bill of Rights applies to Non-Sworn personnel?
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False
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T/F All complainant, witness and subjects interviews should be tape recorded?
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True
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Department employees ________ refuse to have their interviews tape recorded.
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May Not
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If a non-department witnesses refuses to be tape recorded what is your next option?
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Take detailed notes
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Are department witnesses allowed to tape record their own interview?
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No
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Who is the only department member permitted to tape record their interview?
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Subject
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If an employee other than the subject demands to tape record, ask if they believe they may be vulnerable to discipline, if so what is your next step?
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Terminate interview and contact concern Division Chief regarding possible subject status.
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An Administrative investigation must be completed within?
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One Year
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How many days do you have to complete an administrative investigation before requesting an extension when not involving relieved of duty personnel?
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90 Days
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How many days do you have to complete an administrative investigation before requesting an extension involving relieved of duty personnel?
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60 Days
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Completed admin investigations not involving relieved of duty should have a dispo sheet prepared and finalized within______?
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30 Calendar Days
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Completed admin investigations involving relieved of duty should have a dispo sheet prepared and finalized within______?
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20 Calendar days
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In an admin investigation Peace officers from outside agencies can only be?
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Witnesses
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When a unit commander or Advocacy Services Unit requests further investigation, Internal Affairs should return the case in______ days?
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25 Calendar Days
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Shooting and Force Reviews should be completed by IAB in ______ days?
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30 Calendar Days
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When you interview an outside law enforcement officer in an admin investigation, can you allow his rep, or agency to have documents from your case?
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No, unless it is a report or document authored by the witness.
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In an admin investigation, can an outside LEO request the presence of a rep other than his supervisor be present?
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Yes
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in an admin investigation, can you prevent the outside LEO witness, his supervisor or rep from tape recording the interview?
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No
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Employees have a __________ in work areas set aside for his or her exclusive use.
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Reasonable expectation of privacy.
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T/F Generally, the same rules apply in searches relating to admin misconduct as apply to searches in criminal investigations.
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True
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Government Code 3309 provides a special rule for peace officers and applies to search of a locker or storage space in any department facility. Such spaces may not be searched unless either:
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1) Employee is present
2) Employee has given consent 3) Valid search warrant 4) Employee has been notified |
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If a locker or storage space is shared by two or more peace officers, what should happen before the area is searched?
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All parties should be notified.
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What must be met before a search of a peace officers locker or work area during an admin investigation?
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Reasonable Suspicion.
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Any questions regarding administrative searches of departmental employees and their work spaces should be directed to?
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Internal Affairs Lieutenant or Advocacy Services Unit
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Under the Peace Officers Bill of Rights can a peace officer be compelled to submit to a polygraph exam?
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No
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Under POBR can an investigator ask a peace officer if he/she are willing to take a polygraph exam?
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Yes
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Under POBR can disciplinary or a negative comment be entered if an officer refuses to take a polygraph exam?
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No
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Questions regarding the use of the polygraph exam on an employee should be directed to:
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Internal Affairs Lieutenant or Advocacy Services Unit
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The use of any polygraph exam whether for a sworn or a non-sworn member of the department shall be done only with the prior approval of the:
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Commander, office of the under sheriff.
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Are polygraphs admissible in an administrative hearing?
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No
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