Generally, no statement made by the officer under duress, coercion, or threat of punitive action can be admissible in any subsequent civil proceeding considering the following:
- POBAR is not intended to limit statements when the employing public safety department is seeking civil sanctions against an officer, including disciplinary action.
- Can be admissible if officer brings civil action arising out of a disciplinary action.
- Can be used to impeach the testimony of an officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer.
- Can be used if the officer is subsequently deceased.
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