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Pulled from active duty; who gets the badge and gun?

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  • Pulled from active duty; who gets the badge and gun?

    Here's my scenario:

    Investigator is told by phone (as dictated by circumstances) by his LT that he is suspended from active service pending a fitness for duty referral. What is the procedure for him handing in his badge and gun? Does he have to give it to the LT in person or can he give it to someone else? Would LT expect him to give them up at the first opportunity or go out of his way to hand then over? (Cop is at home, half an hour's drive from station house; it is early morning, LT is not there.)

    If you can help, and do, I thank you!
    I'm writing a crime novel set in CA. That's why I ask so many dumb questions!

  • #2
    Originally posted by Code_One
    Here's my scenario:

    Investigator is told by phone (as dictated by circumstances) by his LT that he is suspended from active service pending a fitness for duty referral. What is the procedure for him handing in his badge and gun? Does he have to give it to the LT in person or can he give it to someone else? Would LT expect him to give them up at the first opportunity or go out of his way to hand then over? (Cop is at home, half an hour's drive from station house; it is early morning, LT is not there.)

    If you can help, and do, I thank you!

    I have never been suspended over the phone. its always in person.

    I gave mine to the Captain, but he was sitting infront of me and it seemed like the thing to do.
    It takes a Wolf.......

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    • #3
      I have never heard of anyone being suspended over the phone. If it were to happen, I suppose the officer would tell you to come and get them if you wanted them.

      Comment


      • #4
        LOL!

        Well, I live in the land of fiction, after all!

        The reason it happens that way is because the officer is about to set off to meet his partner at the scene of a crime, but the LT wants to let him know he is not going to be part of the investigation.
        I'm writing a crime novel set in CA. That's why I ask so many dumb questions!

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        • #5
          In that case I imagine the officer would be told not to go to the crime scene and would be ordered to return to post to see Lt. Whatshisnuts ASAP.

          Comment


          • #6
            When I was still working for a LE Agency, if we had to suspend anyone, we would call them in, explain what is going on, and then go from there. Before we talked, we would make them disarm and place it in a secure location for the time being.

            Most times ID/Badge was given to us at that time as well for safekeeping.

            From there, Garrity Rights were read and off we would go.

            Once the internal was done, they were either given stuff back or we kept it. Just depended on how it went.

            I have never seen/heard of anyone being suspended over the phone.

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            • #7
              Thanks for the feedback, guys. I think a spot of rewriting is called for!

              Appreciate the guidance.
              I'm writing a crime novel set in CA. That's why I ask so many dumb questions!

              Comment


              • #8
                First, let's talk about use of the word "suspension". In California, a "suspension" is a disciplinary action that can only be initiated to punish misconduct, If you suspend someone for medical reasons, the department can be on the losing end of a discrimination lawsuit. I would substitute the term "relieved of duty".

                Police administrators typically do not possess the medical training and expertise necessary to personally determine whether someone is medically fit for duty. For this reason, relieving someone pending a fitness for duty exam is generally not done, because (again) the department may face a serious discrimination lawsuit for doing so.

                There are a couple obvious exceptions. If an officer is so physically disabled that he's got to be helped about but still doesn't accept that he's in really bad shape, then they may send him home, not only to protect him from further injury but to also protect themselves against liability for his being further injured. But in such a case, no one would take his badge, gun or id card.

                OTOH, if an officer were so mentally disabled that he posed an immediate risk to his own safety or the safety of others, he could be involuntarily committed for a 72 hour evaluation in a psychiatric hospital. In such a case he would be immediately committed and relieved of his weapons to protect both him and the public. Again, you have to be in really bad shape for this to happen. Given the gravity of such a case, no police administrator is going to call a cop at home and say, "Listen, we're not sure if you're wacko or not, so you're relieved of duty pending a psych exam and you need to turn in your badge, gun and ID when you get a chance."
                Going too far is half the pleasure of not getting anywhere

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                • #9
                  OOPS, darn
                  I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

                  Douglas MacArthur

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                  • #10
                    My guns are MY property; not the agency's. I won't give them to anyone unless it is for evidence, then only to my evidence tech or my immediate supervisor.

                    It would be different if I carried an issue weapon. If they did get mine from me I have plenty more...
                    I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

                    Douglas MacArthur

                    Comment


                    • #11
                      Change of plan!

                      Thanks for the replies. I can see I have got things totally screwed here. So I am going to approach things from a new direction...

                      I am going to forget the relief from duty element and focus on what I want to happen.

                      Insps. A and B are investigating a series of related murders. When their suspect is murdered, the Capt, (who previously threatened Insp A with a fitness for duty referral on account of his stress-related violent behavior) orders his LT to assign a different team of Insps to work this particular case. Arguably, the case is still part of A&B's investigation, as the victim is their suspect, but the Capt wants another team involved.

                      So, my question now is whether such a set-up is realistic.

                      Thanks for your help!


                      P.S. [later] Just want to say a huge thanks to you guys for steering me away from this relief from duty thing. I have begun rewriting this scene already and it sure feels a lot better!
                      Last edited by Code_One; 02-08-2007, 07:11 AM. Reason: revision
                      I'm writing a crime novel set in CA. That's why I ask so many dumb questions!

                      Comment


                      • #12
                        Yes, that is possible, but your characters are going to want to know why they are not getting the case if it is a case they would normally be assigned to.

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                        • #13
                          Thanks JJ. That's cool. My characters are not happy for sure!
                          I'm writing a crime novel set in CA. That's why I ask so many dumb questions!

                          Comment


                          • #14
                            Originally posted by Code_One
                            Thanks for the replies. I can see I have got things totally screwed here. So I am going to approach things from a new direction...

                            I am going to forget the relief from duty element and focus on what I want to happen.

                            Insps. A and B are investigating a series of related murders. When their suspect is murdered, the Capt, (who previously threatened Insp A with a fitness for duty referral on account of his stress-related violent behavior) orders his LT to assign a different team of Insps to work this particular case. Arguably, the case is still part of A&B's investigation, as the victim is their suspect, but the Capt wants another team involved.

                            So, my question now is whether such a set-up is realistic.
                            Suspend him anyway for the violent behavior, beating up suspects, rubber hoses, telephone books and hammers always make for entertaining reading.

                            A mental health deal is to boring. All cops are crazy, everyone knows it already. A mental health referal would come after the suspension was done inorder to come back to work. being crazy and beating the crap out of people are two different things.


                            Its fiction right, who cares if its realistic to cops who work at agencies aho may not have the same policies as the department in Crackheadville your writting about.
                            It takes a Wolf.......

                            Comment


                            • #15
                              Originally posted by Code_One
                              Insps. A and B are investigating a series of related murders. When their suspect is murdered, the Capt, (who previously threatened Insp A with a fitness for duty referral on account of his stress-related violent behavior) orders his LT to assign a different team of Insps to work this particular case. Arguably, the case is still part of A&B's investigation, as the victim is their suspect, but the Capt wants another team involved.

                              So, my question now is whether such a set-up is realistic.
                              You are really painting yourself into a corner on this one. You don't threaten someone with a psych exam because of stress-related violent behavior. Instead, you send them to the shrink immediately. If a manager is aware of this type of problem, fails to act promptly and someone gets hurt as a result, the manager can kiss his career goodbye. In addition, the civil liability that could result for both the manager and the department and the bad press that could occur would be disastrous. If A is violent, you take him off all cases and reassign him to inside office duty until the shrink can evaluate him. The shrink should be able to see him and bring the matter to a conclusion within a few days if A is OK to return to full duty and seven to 10 days if he needs to be placed on medical leave.

                              OTOH, if the Captain merely wants to bury A, he should take him off the case and reassign him to something like doing applicant background investigations, or investigating bad checks written to merchants by their customers. B would then get a new partner or continue to work alone (depending on how the department staffs things).
                              Going too far is half the pleasure of not getting anywhere

                              Comment

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