Please help If a police agency is investigating one of their own officers in an

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Please help

If a police agency is investigating one of their own officers in an administrative proceeding (internal affairs investigation) relative to an allegation of theft by the officer, but the officer is not in custody and the subject offer is not part of the union, then which of the following warnings should be given to the officer before the statement proceeds:

Question 1 options:

Miranda Warnings

Garrity Rights Read

Weingarten Rights Read

All of the provided answers to this question are correct

Question 2 (1 point)

As to internal affairs investigations or administrative investigations of a police officer’s alleged inappropriate conduct:

Question 2 options:

The charges must generally be proven “beyond a reasonable doubt”

Are generally unrestricted by statutes and procedures as it is the police investigating the police

Are often played out in civil court

None of the provided answers to this question are correct

Question 3 (1 point)

Arbitration used in law enforcement disciplinary processes generally:

Question 3 options:

Slower than litigation because it is “behind closed doors”

The proper venue for challenging an agency’s disciplinary actions if there is a Collective Bargaining Agreement that covers the subject employee

Occur during the internal investigation itself as a method of discovery

All of the provided answers to this question are correct

Question 4 (1 point)

As to arbitration’s use by law enforcement agencies relative to disciplinary actions:

Question 4 options:

The arbitrator’s award are usually reversed on appeal because judges don’t appreciate such alternative resolution processes

A violation of Due Process as the accused police officer is not tried by a jury of his or her peers.

Have limited discovery rights and procedures as compared to traditional litigation forums and venues.

All of the provided answers to this question are correct

Question 5 (1 point)

As to the use of arbitration by law enforcement agencies relative to workplace issues:

Question 5 options:

Arbitration is often mandated by the collective bargaining agreement if there is dispute between the agency and the union;

Arbitration often reaches a quicker final result then litigation

Certain federal actions like discrimination or alleged violations of whistleblower protections by an law enforcement agency against an officer are not required to solely be heard by an arbitrator

All of the provided answers to this question are correct

Question 6 (1 point)

As to the government procuring practices:

Question 6 options:

Law enforcement agencies do not have to follow such procedures because they are rendering public safety services and have the discretion to enter contracts at will

Often the resulting contracts have provisions that are “subject to funding” which allows the law enforcement agency to cancel if yearly appropriations of funding by its parent funding agency are not realized

Generally do not have to be open to competitive bidding processes

All of the provided answers to this question are correct

Question 7 (1 point)

As to managements of grants that are given to law enforcement agencies:

Question 7 options:

Eventually the law enforcement agency must pay them back at the end of the term

The funds can be transferred to other law enforcement agencies by the grantee if the grantee does not use them in time

Are generally limited to specific uses dictated by the terms of the grant

All of the provided answers to this question are correct

Question 8 (1 point)

Permissible off duty employment of law enforcement personnel on “details” (private security) using the agency uniform, badge, equipment, gun, radio and vehicle:

Question 8 options:

Cannot expose the law enforcement agency employer to Section 1983 liability as the law enforcement employee is not acting under “color of law”

Cannot expose the law enforcement agency employer to Section 1983 liability as the law enforcement employee is not acting “on the clock”

Are often a source of litigation against the law enforcement agency

All of the provided answers to this question are correct

Question 9 (1 point)

As to “take home” police vehicles:

Question 9 options:

Such policies are often challenged in court by tax payers because they are a form of mis-appropriation of government tax dollars

Expose the law enforcement agency to additional liability

Are never addressed in union security agreements as it is not an important compensation issue in the minds of the police officers and their unions

None of the provided answers to this question are correct

Question 10 (1 point)

As to mutual aid agreements or joint task force agreements:

Question 10 options:

They are formal contracts often written and signed by various law enforcement agency representatives

Are not technically necessary as all law enforcement personnel have multi-jurisdictional powers

Never expose one agency to liability for other partner agency actions in a joint operation

None of the answers provided for this question is correct

Question 11 (1 point)

Law enforcement officers do not get to be read Miranda rights when being quested by internal affairs about an allegation that they committed a criminal act as the internal affairs process is administrative in nature only, even if the internal affairs officers will be forwarding the statement to the local prosecutors later

Question 11 options:

True

False

Question 12 (1 point)

Internal affairs investigations are seen as a way to help “self regulate” the law enforcement profession by law enforcement agencies

Question 12 options:

True

False

Question 13 (1 point)

Generally, law enforcement officer who are being investigated for criminal acts and who are on leave from the force are generally still paid until they are placed under arrest occurs because of union security agreement provisions

Question 13 options:

True

False

Question 14 (1 point)

Police agencies and unions prefer litigation, rather than arbitration, when dealing with employment issues because it brings to light the internal issues of the agency which is a governmental unit

Question 14 options:

True

False

Question 15 (1 point)

Whistleblower actions are generally filed in court, rather than in arbitration, as the remedies and protection afforded by the courts to the employee who legitimately “blows the whistle” are greater and more practically enforced by court orders

Question 15 options:

True

False

Question 16 (1 point)

Generally, forfeiture actions instituted by law enforcement agencies against property require the law enforcement agency to satisfy the “beyond a reasonable doubt” evidentiary standard for the law enforcement agency to prevail

Question 16 options:

True

False

Question 17 (1 point)

The funds collected from forfeiture actions generally can be used for any law enforcement purpose later by the seizing agency, if they prevail in court in their forfeiture action

Question 17 options:

True

False

Question 18 (1 point)

Generally, a law enforcement agency should make all of their contracts in which they must pay money for goods or services “subject to funding” by their funding authority.

Question 18 options:

True

False

Question 19 (1 point)

Off duty private security details by law enforcement officers do not pose a risk of liability to the law enforcement agency because the subject officer is off duty

Question 19 options:

True

False

Question 20 (1 point)

When law enforcement agencies wish to purchase goods or services, often governmental procurement codes and procedures apply to the process of selecting a contracting party

Question 20 options:

True

False

Miranda Warnings

Garrity Rights Read

Weingarten Rights Read

All of the provided answers to this question are correct

Explanation / Answer

1.A

2.C

3.D

4.B

5A

6.B

7.C

8.A

9.D

10.B

11. T

12.F

13.F

14.T

15.F

16.T

17.T

18.F

19.T

20.F

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