POBR Flashcards

1
Q

If prior to, or during an investigation it is deemed you may be criminally charged, what must happen?

A

Must be immediately advised of your rights.

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2
Q

When should an interrogation be done?

A

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.

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3
Q

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

A

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

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4
Q

Can employee have representation during an investigation?

A

Yes, a rep of there choice

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5
Q

What does employee have the right to after an interrogation?

A

Any notes, reports, complaints not deemed as confidential.

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6
Q

Can employee bring there own recorded into an interrogation?

A

yes

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7
Q

Can interrogators use offensive language?

A

no

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8
Q

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

A

address, and photograph

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9
Q

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

A

engage in political activity

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10
Q

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?

A

1 year after becoming aware of misconduct.

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11
Q

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

A

Employee must be given chance to read and sign it

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12
Q

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

A

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

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13
Q

Do you have the right to inspect your personnel files?

A

Yes, during your normal hours

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14
Q

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

A

He may request they be removed in writing

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15
Q

Can you be compelled to take a lie detector test?

A

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.

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16
Q

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

A

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.

17
Q

Your locker or work area cannot be searched unless?

A

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

18
Q

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

A

up to $25,000 per violation

19
Q

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

A

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.

20
Q

Where is the POBR located

A

Government Code 3300-3313