Under The Pobar Act Can A Statement At The Interrogation Be Admissible In Civil Proceedings?

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:

  1. POBAR is not intended to limit statements when the employing public safety department is seeking civil sanctions against an officer, including disciplinary action.
  2. Can be admissible if officer brings civil action arising out of a disciplinary action.
  3. 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.
  4. Can be used if the officer is subsequently deceased.

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