Internal Affairs Due Process

[ogerpus]

Is there due process for an officer accused of an policy violation? If so, is the officer presumed guilty or innocent? The Florida Supreme Court case Farmer vs. Ft. Lauderdale states that an officer can not be compelled to take a polygraph, and furthermore cannot be punished for not taking a polygraph. What would happen to a CCSO deputy that refused to take a polygraph?

I do not know. It probably has to do with the totality of the situation and why they are investigating you. There is no doubt in my mind that you will be given “due process” if you are accused of an allegation. I have been to PRB (I.A.) many times and have never had a problem, even when my word was my only defense.

As far as the polygraph goes, I would never deny taking it. For if I had done something wrong, I will admit my guilt and let the chips fall where they may before lying about it. Many deputies have stepped on the end of their pee pee’s and have not been fired only because they admitted to their mistakes and accepted responsibility. It’s when you try to cover something up, not cooperate or interfere with an investigation, when you will have a problem.

And just like when we are investigating a crime on the street as a road deputy, attitude means everything from those you seek information from. Treat them the way you would want to be treated and tell the truth and maybe you will never be forced to take a polygraph. But if I were asked to do so, I would do it in a heart beat.

This is a good agency to work for and as long as you do the right thing and make smart choices the polygraph will never be an issue.

Hope this helps

I believe when I was hired we had to sign something waiving our right NOT to take the poly if asked to during the course of an investigation.

Does a "condition of employment" supercede caselaw? I am guessing not, but I won't be the one to find out. When you try it, we will all know.