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  • Internal Affairs

Overview

This three-day class will provide students with comprehensive instruction on conducting administrative investigations.

The emphasis is on assuring students understand how to conduct a fair, thorough and complete investigation.  This course will include information on investigating misconduct complaints, use of force cases, officer involved shootings, in custody death investigations, officer criminal conduct investigations and department-initiated investigations.  Students will be immersed in conducting these administrative investigations including deciphering complaint allegations, conducting officer interviews, different types of evidence, determining appropriate findings and producing a complete case report.  A full day will be dedicated to all the legal ramifications in conducting administrative investigations including an in-depth analysis of the rights afforded to subject and witness officers.

This class is appropriate for individuals who play a role in administrative investigations including Internal Affairs investigators, patrol supervisors, command officers, union representatives and non-sworn staff.

Course Outline

Day One

  • Course Introduction / Student Introductions
  • I.A. Organization                                                                                                                            
  • I.A. Unit Function
  • Attitude / Approach to conducting Internal Affairs Investigations
  • The Complaint Process
  • Initial Complaint Assessment
  • Complainant Interview
  • Learning Activity #1: Case Introductions Internal Affairs Case Management
  • Identifying and Obtaining Evidence
  • Interviewing Witnesses
  • Learning Activity #2: Witnesses and Evidence
  • Interacting with Police Auditor / Oversight

Day Two

  • Interacting with POA Representatives / Attorney’s
  • Identifying Witness versus Subject Officer
  • Preparing for Officer Interviews
  • Learning Activity #3: Wit/Subject Officers, Interview Questions
  • Conducting Officer Interviews Skills
  • Special Investigations
  • Learning Activity #4: Mock Interview
  • Writing Internal Affairs Reports
  • Learning Activity #5: Case Write Up
  • Internal Affairs Management and Administration
  • Training Educating Department Regarding I.A.

Day 3

  • Internal Affairs Investigation Objectives
  • Just Cause for Discipline Discussed
  • Commencing the Investigation – Consider Sources of Officer Rights
  • POBR History and Purpose
  • POBR Simplified
  • Conducting the Investigation
  • Initial Considerations
  • Orders Not to Talk
  • On-Duty vs. Off-Duty Misconduct
  • Nexus Issues Discussed
  • Allegations of Criminal and Administrative Misconduct
  • Differing Rights of Permanent and Probationary Employees
  • Appeal From Promotional Demotion While on Probation?
  • The Systematic Approach to the I.A. Investigation
  • When Bill of Rights Admonitions Must be Given
  • Govt. Code Section 3303(1) Excuses the Obligation to Admonish in Specific Situations
  • The Mandatory Admonitions Under POBR
  • Pre-Interrogation Discovery Under POBR
  • The Selection and Role of a Representative
  • “Weingarten” Rights to Representation
  • Privileged Communications Between the Subject Officer and the Representative
  • I.A. Dos and Don’ts
  • Consequences and Remedies for Violations of Bill of Rights Act
  • The 1-Year Statute of Limitations in Govt. Code Section 3304(d)
  • Final Investigation Report and Disposition
  • Inspecting Personnel Records and Files and Responding to Adverse Comments
  • Confidentiality of Personnel File Materials
  • I highly recommend this training for any Probation staff who have the necessity to interview/interrogate individuals for investigation purposes.

    —R. Bret Fidler, Santa Clara County Probation Department
  • This was, by far, one of the most useful classes I've attended since becoming an investigator.

    —Steven Aiello, Antioch Police Department
  • I will continue to use and pass on this information because I really believe in the instructors and their approach.

    —Kimberly Meyer, Washoe County Sheriff's Department
  • You two are an effective teaching team, and your presentation of the material was consistently interesting, and intelligent without being too intellectualized.

    —Michele Keller, Deputy Probation Officer, County of Alameda
  • Your class gave me the confidence and tools to interview the suspect for over 5 hours and to bring a closure to the case.

    —Daniel Phelan, San Jose Police Department
  • Thank you for allowing me the opportunity to attend the Interview and Interrogation training presented by Paul Francois and Enrique Garcia.

    —Todd Almason, Santa Clara County District Attorney's Office
  • Your class has made the greatest and most direct impact on my assignment of any training class that I've taken.

    —Ken Gelskey, National City Police Department
  • ...Provides useful tools necessary for assessing the veracity of a suspected child abuser, which goes a long way in helping to protect children.

    —Sunny Burgan, MSSW, LCSW, Social Work Supervisor, Santa Clara County DFCS
  • Your instructional style is engaging and your tag-team style is highly effective.

    —George Laing, Fire Prevention Captain, Investigator
  • The information that they have presented is highly relevant to my job, and was presented in a manner that was highly organized and very easy to digest.

    —Michael McGarvey, California State Prison, San Quentin

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