Off-duty conduct such as accusations of domestic violence or driving while intoxicated begin as criminal investigations. Also, any police action that affects the rights of another person can form the basis for criminal prosecution in federal or state court. The law does not require anyone to notify you if/when you are the subject of a criminal investigation.

STATEMENTS. Like all citizens, officers are entitled to the protections outlined in Miranda. It is important to remember that Miranda only applies to custodial interrogation. Voluntary statements that you make can be used against you in a later criminal prosecution. Statements that you make under threat of discharge (compelled statements) cannot generally be used in a later criminal prosecution but can be used against you in administrative proceedings.

WITNESSES STATEMENTS. An officer who is initially a witness can become a suspect without notice. The decision to make a statement must be made carefully.

SEARCHES/EVIDENCE. Generally, an officer does not have a reasonable expectation of privacy at work (in a locker, desk, vehicle, or department technology resource, etc.), but an officer has a reasonable expectation of privacy in other areas and a search would require a warrant or recognized exception.

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

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