2019 Indiana Code
Title 36. Local Government
Article 8. Public Safety
Chapter 2.1. Rights of Police Officers
36-8-2.1-5. Procedures; statement of rights
Sec. 5. (a) This section applies to a police officer who is the subject of a complaint or an internal investigation.
(b) When a police officer is subjected to interview by the police officer's department, as described in subsection (a), the following procedures apply:
(1) The interview shall be conducted at a reasonable hour, preferably at a time when the police officer is on duty, unless, in the judgment of the interviewing officer, the seriousness of the investigation requires an immediate interview.
(2) The interview shall take place at the police department or an equivalent office setting designated by the interviewing officer.
(3) The interviewing officer shall inform the police officer of the name, rank, and assignment of the officer in charge of the investigation, the interviewing officer, and all other persons present during the interview.
(4) The interviewing officer shall present the police officer with a statement of rights to be signed by the interviewing officer and the police officer. The statement of rights must be in substantially the following form:
STATEMENT OF RIGHTS
I wish to advise you that you are being questioned as part of an official investigation of the ______ Department. You will be asked questions specifically, directly, and narrowly related to the performance of your official duties as a _____ or concerning your fitness for service as a ____. You have the constitutional right not to incriminate yourself.
Under no circumstances will your statement be used in any subsequent criminal court action against you. However, factual information contained in the internal affairs file on this investigation, including your statement, is generally discoverable in civil rights litigation filed in federal or state court and may be used to impeach your testimony. In addition, this factual information may be used in any criminal proceeding in which you are a witness.
I further wish to advise you that if you refuse to give a statement or answer questions relating to the performance of your official duties or fitness for duty, you will be subjected to departmental charges that could result in your dismissal from the ____ Department.
Signed _______ (Interviewing officer).
I have read the above and understand it fully. I sign this statement having been advised of the above rights before any questions have been asked of me.
Signed _______ (Police officer).
Date and time _________.
(5) In a noncriminal case, once a police officer is scheduled for an interview under this subsection, the officer in charge of the investigation must provide the police officer with a copy of the complaint, if one exists. In a criminal case, the officer in charge of the investigation must inform the police officer of the nature of the complaint. The officer in charge of the investigation is not required to disclose the name of the complainant to the police officer.
(6) An interview session shall be for a reasonable duration of time and must allow for personal necessities and rest periods as reasonably necessary.
(7) An interview of a police officer as described in this subsection shall be tape recorded at the request of either party. A written transcript must be provided to the police officer upon request, at no cost to the police officer.
(8) If at the time of the interview the police officer is under arrest or in custody, the interviewing officer must completely inform the police officer of the police officer's federal and state constitutional rights regarding self-incrimination prior to the commencement of the interview.
(9) A police officer may not be required to waive any immunities under federal or state law at any point in an investigation.
(10) A question posed to a police officer must specifically, directly, and narrowly relate to the performance of duties or fitness for service as a police officer.
(11) A police officer shall have the right to be represented by an attorney or other representative during an interview where the interview relates to the police officer's continued fitness for law enforcement service. The police officer shall be provided a reasonable period of time to obtain representation, which may not exceed seventy-two (72) hours from the time of request, unless agreed upon by both parties. The attorney or representative may not participate in the interview, except to advise the police officer.
As added by P.L.271-2019, SEC.1.
