Policy Text
Policy Delano Police Department
1028 Delano PD Policy Manual
Police Officer Rights
1028.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding rights afforded to police officers of the
Delano Police Department as afforded by the California Government Code, Sections 3300, et.
al., when subject to an investigation under the conditions defined within the previous Government
Code sections.
1028.1.1 POLICY
It is the policy of the Delano Police Department Police Department to ensure that all police
officers are afforded all rights provided to them by law in respects to all investigative matters
or inquiries. It shall further be the policy of this Department that any person who is given the
authority to investigate such complaints against any police officer shall not violate this policy, other
policies of this Department, or any existing law relative to peace officer rights. Any Department
member assigned to conduct any investigation who violates, willfully or not, a police officer's rights
during any administrative investigation, also referred to as an internal affairs investigation, will be
subjected to corrective action measures which could include disciplinary action.
1028.1.2 PROCEDURES
Investigations of a non-criminal nature shall only be assigned for investigation by the Chief of
Police, or in his absence, his designee. All investigations shall be assigned in writing and the
investigating supervisor will be provided such correspondence. The investigating official shall be
conducting such investigation at the direction and authority of the Chief of Police.
Step #1: Once a complaint is received by the Chief of Police office, the Chief of Police will
determine which supervisor or manager shall investigate the complaint.
Step #2: Once assigned, all known documentation that has been obtained by the Chief's office
will be provided to the assigned investigative official. If additional documents are required for the
investigation of any complaint, it shall be the sole responsibility of the investigating supervisor or
manager to obtain those documents in accordance with all applicable laws.
Step #3: Under no circumstances shall any employee be questioned in any fashion or required
to provide documentation, prior to being served official notice that an internal affairs investigation
has been initiated and they are the focus of such investigation, and only after given ample time to
secure legal or other counsel. In on-going real time in-field situations, officers may be questioned
by superiors to obtain only public safety information in accordance with CGC 3300, et al.
It should be noted that no person(s) other than the assigned investigative official shall attempt
to question any employee regarding any matter under investigation, or for any matter that would
otherwise be assigned to an investigation if brought to the attention of the Chief of Police, or his
designee in his absence. Further, no employee other than the investigating official shall gather or
attempt to gather documents that are required to complete a thorough and complete investigation.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Police Officer Rights - 1
Published with permission by Delano Police Department