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texanjoker wrote: You are correct. I have read that else where over the years and having been through it, it makes sense. Lets not forget this is a criminal investigation. The simplest solution will be for all LEO's to just take the 5th, which is what the attorneys want anyhow, and then there won't be any issue about when the statement was made

I think that the problem with having a policy of taking the 5th is that it would make the civil trial that much easier...

Color me purple but I didn't see anything in the video that the Police Chief was referring to for this new "3 day hiatus from statement writing" that was "overly traumatic" or "adrenaline pumping".

Looked to me like the guy just walked up and shot him for no apparent reason.

Unless the Chief was speaking about the guy that got shot of course. I'm sure he had a "traumatic adrenaline pumping experience" from being gunned down by the DPD...Just saying

The difference is:
- if you're a police officer, you're innocent until proven guilty
- if you're a citizen, you're guilty until proven innocent

I have no doubts in my mind that pulling a trigger & shooting another human being will rewire your DNA. So, why afford that difference between civilian/LEO? Does the event effect a civilian any less?

Don't take this as cop bashing, this is a look at how humans are treated differently.

EDIT: query delted as has already been discussed.

cb1000rider wrote:

texanjoker wrote: You are correct. I have read that else where over the years and having been through it, it makes sense. Lets not forget this is a criminal investigation. The simplest solution will be for all LEO's to just take the 5th, which is what the attorneys want anyhow, and then there won't be any issue about when the statement was made

I think that the problem with having a policy of taking the 5th is that it would make the civil trial that much easier...

While that may be the case, one does have the right to take the 5th. Just because one takes the 5th that cannot be used to imply they are guilty. In reality I imagine that would take some of the stress out of being in a OIS because it is not pleasant being interviewed by homicide after shooting somebody. The public doesn't like it when a leo takes the 5th, but law abiding people take the 5th all the time due to the fact it is their constitutional right and leo's don't give up that right just because they are on duty. On top of that, there is pretty much always a civil suit after an OIS so one cannot worry about that. The ambulance chasing attorneys line up like flies.

When a LEO takes the 5th, the dept then administratively orders them to talk. If they do not talk they are terminated. That statement cannot be used in a criminal case, and is only for administrative purposes to determine if the shooting was within policy.

LAYGO wrote:The difference is:
- if you're a police officer, you're innocent until proven guilty
- if you're a citizen, you're guilty until proven innocent

I don't think it's that bad.
There is some "imbalance" (understatement) at the enforcement level.
At the courtroom level, things are a bit more even handed. The grand jury is all civilian. The jury is civilian. Largely the difference seems to be the types of actions that get you in to court.
The other small issue I've seen is municipalities that have elected JPs. JPs are indemnified, elected and don't necessarily have any legal training, and it can get real one sided if they're ex LEO.