The Law Enforcement Officer Act of San Andreas covers the Bill of Rights and statutes an officer is applicable to. It is implicated that the administrative units in charge obey the act, maintain a logical system and provide guidance to officers.
Garrity warning
Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers. This protection stems from the Fifth Amendment to the United States Constitution, which declares that the government cannot compel a person to be a witness against him/herself. (— Garrity Rights)
Investigators have to notify the interviewee in interviews or questionings about the Garrity warning before it is actively conducted, which is as follows:
“You are being asked to provide information as part of an internal and administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. You understand that you must now answer questions specifically, directly and narrowly related to the performance of your official duties or your fitness for office. If you refuse to answer, you may be subject to discipline for that refusal which can result in a termination of employment from this agency. You have the right to consult a representative in form of a senior officers and have him or her present during the interview.”
Miranda warning
The Miranda warning is a police warning which is given to criminal suspects (in this scenario a law enforcement officer who criminalized himself under the color of law), who are in the custody of law enforcement in the United States before they can ask questions regarding what took place during the crime.
Investigators have to notify the interviewee in an interrogation about the Miranda warning before it is actively conducted, which needs to cover following:
That they have the right to remain silent;
That anything the officer does say can and will be used against them;
That they have the right to have an attorney present before and during the questioning;
That they have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.
Summary
- Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the conclusion of the investigation.
- Questioning of a law enforcement officer should be conducted for a reasonable length of time and preferably while the officer is on duty unless exigent circumstances apply.
- Questioning of the law enforcement officer should take place at the offices of those conducting the investigation or at the place where the officer reports to work, unless the officer consents to another location.
- Law enforcement officers may be questioned by as few investigators as possible at a time, and he or she shall be informed of the name, rank, and command of the officer in charge of conducting the interview.
- Law enforcement officers who are being interviewed or questioned may request a senior officer or other officer who is experienced and familiar with the interviewee to be his guardian (counsel) who may be present at the interview.
- Law enforcement officers who are being interrogated (possibly subject to criminal charges) may request a lawyer or a counsel who may be present at the interrogation.
- Law enforcement officers cannot be threatened, harassed, or promised rewards to induce the answering of any question.
- Law enforcement officers shall have the opportunity to comment in writing on any adverse materials placed in his or her personnel file; this includes but is not limited additional commendatory on disciplinary actions, update of their private information sequel, demotions, and more.
- Law enforcement officers cannot be subject to retaliation for the exercise of these or any other rights under Federal, State, or local law in case of interviews turning into interrogations.
- An investigating officer, no matter of his position, rank or authority, can not ignore the law or bend it for his benefits. This also includes any regulations, rules, protocols or rank authority his or her agency has in place. An investigator has no right or probable cause to persistently target an individual officer without no preset goal or matters. (( Warrants cannot be executed without correct process, e.g. getting an authorization from the correct ends, or placing wiretaps, tracers and similar tools without any actual reason or need for a specific investigation. If however an investigating officer keeps tabs on another officer for questionable reasons or awaiting extensively long until he makes a mistake, then the investigating officer may face charges in fashion of harassment and/or stalking. ))
- (( LEOs are not currently entitled to view any original internal investigative files. Such disclosure of these documents would be at the discretion of the respective division heads. However reasons why an officer is disciplined will be disclosed by a letter and must be explained generously. ))