Finding the Facts - Disciplinary and Harassment Investigation

A PPENDIX D

I NTERROGATION A DMONITION FOR U SE IN S WORN P OLICE I NTERVIEW 1. My name is _______________ and my rank is ________________. I am employed in such capacity by the _________________District Police and (I am in charge of the investigation or: Identify other individual who is in charge). 2. Also present is (state any additional District/Department representatives who are present) as well as Officer/Deputy (the subject of the interrogation) and his/her representative. Mr./Ms./Officer _______________.

3. Today’s date is ______________ and the time is _________.

4. Pursuant to Government Code 3303(g), I am tape recording this interrogation. Officer/Deputy _____________ shall also have the right to record this interrogation and he/she is/is not doing so.

5. No more than 2 (two) interrogators may ask questions at any one time. I will be one of the interrogators.

6. This interrogation session shall not extend beyond a reasonable time considering the gravity of the issue(s).

7. You shall be able to attend to your own personal physical necessities. Please ask if you need a recess to use the bathroom, have a beverage or otherwise refresh yourself.

8. Are you taking any medication which would cause you to be unable to understand and respond truthfully and fully to the questions that will be asked of you or in the alternative, have you failed to take any prescription or other medication which would assist you to understand and respond truthfully and fully to the questions that will be asked of you?

9. Are you suffering from any physical or mental condition that will cause you to be unable to understand and respond truthfully and fully to the questions that will be asked of you?

10. The nature of this investigation is: (to the extent known, verbally advise of: (1) date(s) of action(s) under investigation, (2) factual allegation(s) of misconduct, (3) statutes and/or administrative rules or orders that may have been violated). (Where applicable: Therefore, I am jointly conducting a criminal and administrative investigation). 11. The nature of this investigation is such that the District/Department deems that you may be charged with a criminal offense. Therefore, I will now advise you of your Constitutional rights ( Mirandize ; when in doubt, lean towards providing Miranda rights).

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 87