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10 Cards in this Set

  • Front
  • Back

Police discretion

The ability to choose between arrest and non-arrest solely on the basis of the officers judgment Gratuity

Gratuity

Anything of value


given because of official position


with or without express remuneration

Methods of reporting officers misconduct

Reporting within chain of command - in accordance with department policy


Chief executive - chief, commissioner, Colonel or sheriff


County attorney-of criminal matters


State attorney generals office


POST. investigations


FBI

A legal basis for reporting and legal ramifications for not reporting officer misconduct

Duty to act


Direct or vicarious liability


Criminal liability


Civil liability

Negative affects of officer misconduct

Public embarrassment


Compromise officer safety


Compromise police effectiveness

Field notes

Field notes often contain information not detailed in a report


Provide a basis for building a report


Field notes may be subpoenaed into court by both defense and prosecution


Must be legible and organized

Components of field notes

Names of suspects, victims and witnesses.


Name of officers and other individuals who assist in the investigation.


Important dates and times.


Locations.


Circumstances of crime or incident.


Additional information as necessary.

Investigative reports

Record Facts into a permanent record.


Provide investigative leads.


Provide a source for officer evaluation.


Assist officers prior to, or during, court appearances.


Provide statistical data.


Serve as a reference material.

Investigative report format

Proper use of grammar and punctuation.


Report should be free of spelling errors.


Construct strong, clear, and concise sentences with emphasis on writing in the active voice ( first person)


Statements are objective and avoid conclusions.

Consequences for officer untruthfulness

Brady vs Maryland 1963


Haney vs city of Los Angeles 2003


Giglio vs United States 405 U.S 150 (1972 )