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Flashcards for Valparaiso Police Department General Orders
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Unfounded (Finding of Fact)
The evidence tends to disprove the allegation of misconduct.
Not Sustained/Insufficient Evidence (Finding of Fact)
There is insufficient evidence, either to prove or disprove the allegation of misconduct.
Sustained/Improper Conduct (Finding of Fact)
The evidence supports the allegation of misconduct.
Exonerated/Proper Conduct (Finding of Fact)
The evidence tends to support factual occurrence, but conduct does not appear improper.
Misconduct (Finding of Fact)
Not alleged in the complaint, but disclosed by investigation; Conduct may be improper; however, there is no violation of law or policy as it exists at the time of the incident.
Supervisor Responsibilities (Documentation)
Departmental supervisors are responsible for generating proper documentation for review and retention and reporting findings to the Chief of Police.
Internal Affairs Investigation Notification
When an employee becomes the subject of an internal affairs investigation, the department will issue a written statement of the allegations to the employee.
Employee Interview Requirement (Internal Affairs)
An employee is required to meet with an internal affairs officer for interview when a formal complaint has been filed against them and they have been notified.
Constitutional Rights Advisory
If an employee is under arrest or likely to be arrested when they become a suspect, they shall be advised of their constitutional rights.
Employee Interview Conditions
The interview shall take place at a location designated by the investigating officer, at a reasonable hour, and preferably when the employee is on duty.
Employee Compensation for Off-Duty Interviews
If an interview occurs during off-duty time, the employee shall be compensated for their off-duty time in accordance with regular Department procedures.
Prohibited Interview Tactics
Department employees shall not be subjected to offensive language nor threatened with transfer, dismissal, or other disciplinary punishment. No promise of reward shall be made.
Number of Investigators
The Department employee shall be asked questions by and through no more than two (2) investigators.
Interview Recording Requirement
The complete interview of all Departmental employees shall be recorded mechanically or by a stenographer. There will be no "off the record" questions.
Refusal to Answer Questions
The refusal of a Department employee to answer pertinent questions may result in disciplinary action, if the questions are specifically and narrowly related to their duties or fitness for office.
Right to Counsel (Internal Affairs)
When a Department employee is interviewed concerning an alleged violation that could result in dismissal or other disciplinary punishment, they shall be afforded a reasonable opportunity to contact and consult with an attorney.
Truth Verification Exam & Other Tests
No Department employee shall be ordered or asked to submit to a truth verification examination, blood test, intoxilyzer exam or any other test or procedure which would violate their rights.
DUI Countermeasures Program
The Department supports a comprehensive cooperative DUI countermeasures program and has established DUI enforcement as one of its highest priorities.
DUI Arrest Policy
Officers should not release DUI suspects or arrange for alternate transportation in lieu of arrest.
DUI Detection Training
All sworn officers shall complete required training for DUI detection and receive appropriate in-service training on a regular basis.
DUI Detection
The Officer's observation in this stage is crucial in establishing probable cause upon which the arrest decision is based.