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17 Cards in this Set
- Front
- Back
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All MOS who are the subject of an official investigation or are a witness in an official investigation, shall be given this amount of time to obtain and confer with counsel prior to questioning |
MOS shall be given a reasonable period of time to obtain and confer with counsel before questioning |
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Who determines what a reasonable amount of time shall be to obtain and confer with counsel before being questioned? |
Captain or above in charge of the investigation |
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The interrogating officer must permit a member to obtain counsel prior to being questioned if either of these 2 circumstances occur |
A serious violation is alleged or Sufficient justification is presented although the alleged violation is minor |
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The Interrogating Officer has to inform the member concerned getting GO15'd of this |
Rank/name/command of person in charge of investigation Rank/name/command of interrogating officer Identity of all persons present Whether they are the subject or witness in the investigation, if known Nature of accusation Identities of witnesses or complainants except those of confidential source or field associate unless they are witnesses to the incident Information concerning all allegations The Dept's policy regarding making false statements - DON'T LIE UNDER OATH, NIGGA!!!!! |
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The interrogating officer will permit this person to be present at all times during interrogation |
Representative of Dept line organization = PBA rep/delegate |
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An interrogation should be conducted at a reasonable hour, preferably when a MOS is doing this |
When MOS is doing a day tour |
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The interrogating officer must ensure that interrogation is recorded in one of 2 ways: |
Recorded mechanically By a Dept stenographer |
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Who determines if a transcript of an interrogation is required in non-criminal or minor violation case? |
Dept Advocate |
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The interrogating officer does not use these types of statements during the GO15 |
No "Off the Record" questions No offensive language or threats (transfer, dismissal or other disciplinary punishment) No promises of reward for answering questions |
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The interrogating officer will regulate duration of question periods with these and record all recesses |
Breaks for meal Personal necessity (bathroom breaks) Phone calls Etc |
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The interrogating officer will conduct interrogation within a reasonable amount of time after this |
Disposition of criminal matter, when member was arrested, indicted, or under criminal investigation |
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Interrogations should be conducted during this time and may be conducted regardless of this paperwork |
At a reasonable hour, preferably when MOS is doing a day tour Before or after Charges & Specs have been served. If it happens after they have been served, it will be completed 10 days before the Dept trial (GO15) except as directed by the Deputy Commissioner - Trials |
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When being interrogated (GO15), they must do this |
Answer questions specifically and narrowly related to official duties (Refusal = suspension) Submit OT slip if lost time accrues as a result of investigation |
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When a MOS is directed to leave his post or assignment to report for an official investigation, the supervisor in charge of the investigation will do this |
Immediately notify the DO Ensure that notifications concerning official investigations are properly recorded in appropriate Dept records when made to or recorded from: Complainants Witnesses Lawyers Respondents Other interested parties |
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The DO will record in appropriate Dept records and notify the investigating command immediately of notifications or messages received from: |
Lawyers Witness Complainants Other interested parties involved in the subject investigation |
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Questions and answers resulting from an interrogation conducted pursuant to this procedure are confidential. They are not to revealed or released to any person or agency outside the Dept without this person's prior written approval |
Deputy Commissioner - Legal Matters |
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Contact this unit if a subpoena duces tecum is received for any questions and answers regarding to an investigation conducted pursuant to this procedure |
Contact the Legal Bureau immediately |
