NRS 289.080
Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation

  • confidential information
  • disclosure
  • record of interview, interrogation or hearing
  • right of subject of investigation to review and copy investigation file upon appeal.

1.

Except as otherwise provided in subsection 5, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer.

2.

Except as otherwise provided in subsection 5, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.

3.

A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing.

4.

The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to:

(a)

Inspect the following if related to the investigation and in the possession of the law enforcement agency:

(1)

Physical evidence;

(2)

Audio recordings, photographs and video recordings; and

(3)

Statements made by or attributed to the peace officer.

(b)

Explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.

5.

A representative must not otherwise be connected to, or the subject of, the same investigation.

6.

Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed.

7.

Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:

(a)

Request of the peace officer; or

(b)

Lawful order of a court of competent jurisdiction.
Ê A law enforcement agency shall not take punitive action against a representative for the representative’s failure or refusal to disclose such information.

8.

The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer’s request and expense provide a copy of the:

(a)

Stenographic transcript of the proceedings; or

(b)

Recording on the digital or magnetic tape.

9.

After the conclusion of the investigation, the peace officer who was the subject of the investigation or any representative of the peace officer may, if the peace officer appeals a recommendation to impose punitive action, review and copy the entire file concerning the internal investigation, including, without limitation, any recordings, notes, transcripts of interviews and documents contained in the file.

Source: Section 289.080 — Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to review and copy investigation file upon appeal., https://www.­leg.­state.­nv.­us/NRS/NRS-289.­html#NRS289Sec080.

289.020
Punitive action prohibited for exercise of rights under internal procedure
289.025
Confidentiality of home address and photograph of peace officer in possession of law enforcement agency
289.027
Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.
289.030
Law enforcement agency prohibited from requiring peace officer to disclose financial information
289.040
Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer
289.050
Consequences of refusal to submit to polygraphic examination.
289.055
Establishment and availability of written procedures for investigating complaints and allegations of misconduct.
289.057
Investigation of allegation of misconduct
289.060
Notification and requirements for interview, interrogation or hearing relating to investigation
289.070
Use of polygraphic examination in investigation.
289.080
Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation
289.085
Dismissal of administrative proceeding or civil action when evidence obtained unlawfully during investigation.
289.090
Inapplicability of certain provisions to investigation concerning alleged criminal activities.
289.092
Suspension without pay pending criminal prosecution
289.095
Investigation of motor vehicle crashes involving peace officers.
289.100
Limitations on application of chapter.
289.110
Report concerning improper governmental action
289.120
Judicial relief available for aggrieved peace officer.
Last Updated

Jun. 24, 2021

§ 289.080’s source at nv​.us