General Policy Information
Latest Revision Date: 10/15/2014
Title 1 - Department Administration
Title 2 - Department Employment
Title 3 - Employee Welfare
Title 4 - Human Resources
Title 5 - Employee Conduct
Title 6 - Arrests, Search and Seizure
Title 7 - Evidence and Property
Title 8 - Use of Force
Title 9 - Equipment and Uniforms
Title 10 - Police Facilities & Security
Title 11 - Detainee Management
Title 12 - Department Information Systems
Title 13 - Vehicle Operations
Title 14 - Emergency Operations
Title 15 - Primary Investigation
Title 16 - Patrol Operations
Effective Date: 5/19/2004
I. Felony Case Testimony
A. Department employees shall not discuss the testimony they may give in a felony case with anyone outside the Department without the prior approval of the concerned prosecuting attorney. If an employee receives a request to discuss such a case, the employee shall refer the requestor to the prosecutor.
II. Misdemeanor Case Testimony
A. Department employees, while on-duty, may speak with defense attorneys or their investigators about misdemeanor cases (adult or juvenile) without prior approval of the prosecutor.
B. Prior to any conversation with the defense, employees shall:
1. Ensure the person asking the questions is actually representing the defendant as either a defense attorney or defense investigator,
2. Review the report(s) of the incident,
3. Confirm the victim in the case is not a Department employee,
4. Make sure they have information rele¬vant to the case,
5. Check to make sure the case is an active criminal court case. If there is any concern about the line of questioning, or if there appears to be the potential that any other investigation may be compromised by answering the questions, terminate the interview and contact the City Attorney’s office.
C. If any of the above conditions are not met, the employee should refer the defense attorney or investigator to the prosecutor. Officers who decline to speak with the defense may be subpoenaed or ordered by the court to give a deposition.
III. Signing Statements or Documents
A. Department employees shall not sign any statement or document concerning a criminal case prepared for anyone outside the Department, except at the direction of the concerned prosecutor.
IV. Department Employees Appearing as Defense Witnesses
A. Whenever an employee receives a request, notice, or subpoena to be a defense witness in any criminal case, either by personal appearance, deposition, or affidavit, the employee shall immediately notify the concerned prosecuting agency.