What Information Is The Officer Entitled To Under The Pobar Act?

The officer is entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those that are deemed confidential. Nothing deemed confidential can be entered into the officer`s personnel file. This need not be made prior to the interrogation. POBAR does not require pre­interrogation review of investigative documents. Nevertheless, based on relevant labor laws, an officer may argue for certain pre­interrogation information based on relevant labor laws including representation. It is clear that when an officer is administratively charged with misconduct then the officer is entitled to all materials from which the action is based.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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