Criminal Investigations Involving Law Enforcement Employees

Allegations of criminal misconduct by law enforcement:

• are recognized as beyond the scope of administrative investigations and the rights afforded by NRS 289 are not applicable. This clarification is defined in NRS 289.090

• NRS 289 establishes certain obligations for law enforcement officers regarding a criminal investigation or complaint:

  • NRS 289.020 states “If a peace officer refuses to comply with a request by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.”

Off-duty officers who witness an alleged crime will not be threatened or charged with insubordination for failure to cooperate with a criminal investigation

• off-duty witness officers have the right to choose whether or not to give a statement to investigators or participate in a criminal investigation

• If an off-duty witness officer requests representation and the investigator elects to proceed with the interview, the representative will respond without delay

On-duty officers who witness an alleged crime:

• are obligated to cooperate with the criminal investigation.

• As such, on-duty LVMPD members who are witnesses to alleged criminal acts are not entitled to a 48-hour notice

• However, if the member requests a representative to be present before being interviewed as part of the criminal investigation, a representative will be permitted as long as the representative responds without delay

Criminal Investigations where the suspect is a Law Enforcment Employee

• If employee from outside agency is a suspect in a crime, the supervisor will notify the watch commander so they can inform the other agency’s supervisor of the circumstances

Criminal Misconduct of LVMPD employee

• Any employee who witnesses or becomes aware of criminal or suspected criminal misconduct by another LVMPD employee will immediately notify their supervisor

  • If the employee’s supervisor is off duty or unavailable, the employee will notify an on-duty supervisor

  • any employee who is charged with or accused of a criminal or suspected criminal misconduct except for civil traffic infractions, regardless of jurisdiction will immediately notify their supervisor

• Any supervisor or person acting in a supervisory capacity, being notified of criminal or suspected criminal activity by an LVMPD employee will immediately notify the watch commander and CIS of the Internal Affairs Bureau

• LVMPD employees will immediately advise their supervisor or designee of a citizen desiring to report a criminal violation involving law enforcement employee, regardless of the agency of employment

• Sheriff will be notified as soon as practical through the investigative unit’s chain of any LVMPD or outside LE agency employee who is charged with or accused in a criminal violation.

Criminal or suspected criminal misconduct includes but is not limited to:

• law enforcement employees being detained as a suspect in a crime, charged as a suspect, identified as a suspect or person of interest in a crime report, found to be associating with persons known or suspected to have engaged in criminal activity, or accused of criminal violation regardless of jurisdiction

Criminal Investigations Involving LE employee

Supervisor WILL:

1. Ensure the complainant or reporting person is interviewed to determine the facts and circumstances of the alleged criminal misconduct

2. For reports of criminal or suspected criminal misconduct involving department employee, immediately notify the on-duty watch commander and CIS IAB

3. For reports of criminal or suspected criminal misconduct involving law enforcement employees of any other jurisdiction, immediatley notify the on-duty watch commander and the appropriate investigative unit

• In investigations where a criminal violation by a LE employee is discovered during a long-term or covert investigation by an investigative unit, the notification will be made directly to the CIS supervisor.

When an LVMPD employee is a victim of a crime, excluding minor traffic accidents:

1. The investigative unit that normally oversees this type of incident will be assigned to manage the case

   1. The investigative unit will notify CIS as a courtesy; however, CIS will not respond or assume the investigation

2. If at any point during the investigation, the employee (victim) becomes a suspect, CIS will be contacted immediately and advised of the case update

   1. Depending on the circumstances, if the employee is identified as a potential suspect, CIS may respond and assume the investigation. This decision will be made by IAB commander or designee

3. Bureau commander of investigating unit will be notified immediately that the victim of the investigation is an LVMPD employee

4. If the employee (victim) is currently assigned to the bureau that would normally investigate the crime, the employee’s bureau commander will assign a different bureau to assume the investigation

If a law Enforcment employee from an outside agency is a victim of a crime, the supervisor will notify the watch commander so they can inform the other agency’s supervisor of the circumstances