Police Department Policy

GO - 24006 - - Legal - Interview - Requests

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS G.O 240.06 Page 1 of 1 240.06 LEGAL INTERVIEW REQUESTS 10-23-12 PURPOSE The purpose of this order is to establish procedures for processing legal interview requests. POLICY It shall be the policy of the Sacramento Police Department to ensure that legal interviews are coordinated and follow a prescribed procedure. PROCEDURE A. DEFINITIONS 1. Legal Interview - An interview with an attorney, private investigator, or citizen pertaining to a court case, witness to an action or event, or departmental procedure(s). B. GENERAL 1. The provisions of this General Order pertains to interviews with attorneys not employed by the City of Sacramento. Employees shall cooperate with the City Attorney's office and any other attorney(s) representing the employee in their offi cial capacity, or the City of Sacramento. 2. The Court Liaison Unit (CLU) shall determine if the interview request is in regard to a civil or criminal case. 3. Requests shall be taken via phone by CLU. Days off, holidays, and vacation schedules shall be verified by subpoena tracker prior to employee notification. 4. Department personnel shall not arrange, grant, or participate in legal interviews unless specifically authorized by CLU. The CLU shall arrange legal interviews for department personnel while they are on duty. 5. CLU shall contact the requestor to notify them if the employee consents and CLU will schedule the appointment. a. The employee MAY contact the requestor, during the employee's working hours, and through the CLU, schedule an appointment. b. Overtime shall not be authorized for off-duty interviews. 6. When legal interviews are granted by employees: a. employees shall not sign any papers or document s presented unless the District Attorney or City Attorney has been previously notified. b. all interviews shall not be video or audio taped. C. CIVIL CASE INTERVIEWS 1. CLU shall require the requesting party to specify in writing the nature of the interview and deposit a fee with the City Finance Department. 2. If an employee has been subpoenaed to testify in a civil case, refer to G.O. 240.02. D. CRIMINAL CASE INTERVIEWS 1. The CLU shall: a. contact the department employee and advise t he employee of the defense interview request. b. contact the requestor and advise them of the employee’s response. c. schedule the interview if interviewed granted. d. not charge defense attorneys a fee for interviewing employees. 2. Employees who consent to an interview shall: a. notify the Deputy District Attorney (DA) assigned to the case b. create a supplement outlining the interview when the Deupty DA is unable to attend.

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