Legal Memo
Write a memo to the police chief as a legal advisor concerning an upcoming questioning of a police officer who is part of a union.
The questioning will be part of an internal affairs investigation against the police officer who will lose his job if the allegations are substantiated.
In your memo you should do the following in under about 700 to 1000 words:
Do research and find your State’s Office Bill of Rights a/k/a Policemen’s Bill of Rights a/k/a Peace Officer’s Bill of Rights a/k/a Law Enforcement Bill of Rights. (25 + states have these—others do not. If you are in a state that does not have these protective statutes, then pick a state that does and write about it as if you are in that state)
Copy/Paste the hyperlink to the statutes directly in your memo. Advise the Chief as to its basic requirements and formalities.
Itemize all procedural protections that the officer has under this state statute
Advise the chief as to the officer’s Garrity Rights and explain what those are and how a police internal affairs investigator can violate them.
Advise the chief as to the officers “Weingarten Rights” and explain what those are and how a police internal affairs investigator can violate them
Advise the chief as to the officer’s Miranda Rights and explain what those are and how a police internal affairs investigator can violate them
If there is a parallel pending serious criminal case against the officer by the state attorney’s office which will lead to either an indictment or information issued—How would you advise the Chief on IF the internal affairs investigation should be conducted at the same time? (Assume that the subject officer has already been placed on administrative, paid leave until the matter is resolved and thus not working right now)
Explain your recommendation and what legal danger there is to do the administrative IA investigation at the same time the criminal case is being investigated and prior to the jury ruling in the case.
