This is the final installment of the Justice Clearinghouse Officer-Involved Shooting Webinar series with Rick Hodsdon. The first part provided a primer on officer-involved shooting (OIS) cases that looked at common issues, practices, and trends. The second portion discussed sources and collection of evidence for OIS incidents. Finally, this session will unpack the legal considerations for OIS case investigative interviews and statements.
This course’s instructor is Rick Hodsdon. He is currently an assistant county attorney in Stillwater, MN where he represents the county and its criminal justice agencies on civil and criminal matters. He has extensive experience serving as a counsel and educator on civil litigation, criminal law, and personnel issues, particularly in the corrections and law enforcement setting.
Points discussed in this webinar are:
- The non-issue of Miranda rights in OIS cases.
- How the Fifth Amendment coincides with the key role of the involved officer’s statement.
- The types of immunity that may be granted to the involved officer, and the scope and limitation of these immunities.
- Garrity and Gardner: Case laws that established the guidelines when it comes to the information an officer entangled in an OIS case may provide in their statement.
- The state’s burden of proof to prove that there is no coercion when a statement is made.
- A person’s right to refuse to make a statement and that statements to be made must be truthful, complete, and honest.
- The critical piece that should an agency require a statement from the officer, the officer must be guaranteed that it would not be used in any criminal prosecution.
- Weingarten Issues
- How Weingarten rights allow an employee that’s a member of a collective bargaining agreement with union representation.
- The criteria for representation that looks at the employee’s request, who is conducting the interview, its nature, and how the employee perceives the interview.
- The role of the representative in accordance with Weingarten rights and its impact on the prosecution.
- The Peace Officer Bill of Rights – how it protects employees and its consequences for employers.
- Records and history that will likely be reviewed as precedent of an individual’s behavior in the event of an OIS.
- Forum considerations to be aware of that can impact the officer’s employment and license.
Questions raised were about:
- Recommended script and positioning of Garrity and Gardner advisory.
- What reverse Garrity means.
- The scope of the applicability of the concepts discussed.
- Examples of a public safety statement or questions.
- Using post-critical incident debriefing statement against an officer.
- The importance of allowing officers to rest and ‘sleep on it’ before providing a statement.
Webinars in this series:
- “The case law detail behind the issues of officer-involved shootings was wonderful! Thank you!” — Maclane
- “Very Knowledgeable. The speaker was able to transfer info to the audience. Never enough information on this subject with laws always changing, Thank you for this very important training!” — Roseann
- “The case law cases was news for me. I have always heard about the procedure but was unaware case law existed. very helpful information.” — Edgar
- “As always Rick is always well prepared because of his extensive experience and extraordinary ability to present an extremely complex topic and make it understandable and very useful to all. You do not have to be a Harvard Law grad to be able to apply the information you impart to the issues we confront in our agency. Thank you so much for all your work!” — Glenn
- “Great series!” — Kathy
- “Great presenter. Knew his stuff!” — Stephen
- “I love the entire webinar. All 3 sessions were detailed and informative.” — Tawsha