Don't Talk to Detectives about PREA without an attorney

It happened again today. One of our new Detention Deputies was told to report to a Sergeant’s office and give a statement to a Detective regarding a PREA complaint. 

Is that the place for a formal statement?

A PREA investigation IS criminal. It is voluntary. If you decide to talk, call our attorney! You CANNOT be ordered to talk. This is 5th Amendment stuff.

MSS 241.026 states 

Subd. 3.Governing formal statement procedures.

The formal statement of an officer must be taken according to subdivision 4.

Subd. 4.Place of formal statement.

 

The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.

Subd. 5.Admissions.

 

Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.

REALITY is 99.9% of these investigations are unfounded. However, even if you are “just a witness” an investigation can take a turn on a dime. Could a “witness” be accused of not reporting? Covering up? Being complicit?

NEVER EVER TALK TO A DETECTIVE OR PARTICIPATE IN AN INTERNAL AFFAIRS INVESTIGATION (I.A.) WITHOUT OUR ATTORNEY.

Just a few weeks ago a Lieutenant was conducting I.A. investigations via email!

 I notified our attorney to call the jail Major This has to stop.

You must participate in an Internal Affairs investigation, but are entitled to have our attorney present.

You do NOT have to cooperate with ANY PREA interviews as they are voluntary. That’s right, they are criminal and you have the right not to talk. If you choose to talk, bring our lawyer.

MNPEA Legal Hotline: 651/287-8883

M.S.S. 241.026 

Subd. 9.Retaliatory action prohibited. 

No officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation for or solely by reason of the officer's exercise of the rights provided by this section.

Subd. 10.Rights not reduced.

The rights of officers provided by this section are in addition to and do not diminish the rights and privileges of officers that are provided under an applicable collective bargaining agreement or any other applicable law.

Furthermore Article 34 in our contract says you are entitled to your Union representation as do your Federal Weingarten Rights.