ROBERT L. EHRLICH, JR., Governor

§ Ch. 5

(II) THE LAW ENFORCEMENT OFFICER MAY WAIVE THE RIGHT
DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.

(2)   (I) THE INTERROGATION SHALL BE SUSPENDED FOR A PERIOD
NOT EXCEEDING 10 DAYS UNTIL REPRESENTATION IS OBTAINED.

(II) WITHIN THAT 10-DAY PERIOD, THE CHIEF FOR GOOD CAUSE
SHOWN MAY EXTEND THE PERIOD FOR OBTAINING REPRESENTATION.

(3)   DURING THE INTERROGATION, THE LAW ENFORCEMENT OFFICER'S
COUNSEL OR REPRESENTATIVE MAY:

(I)   REQUEST A RECESS AT ANY TIME TO CONSULT WITH THE LAW
ENFORCEMENT OFFICER;

(II) OBJECT TO ANY QUESTION POSED; AND

(III)  STATE ON THE RECORD OUTSIDE THE PRESENCE OF THE LAW
ENFORCEMENT OFFICER THE REASON FOR THE OBJECTION.

(K) RECORD OF INTERROGATION.

(1)   A COMPLETE RECORD SHALL BE KEPT OF THE ENTIRE
INTERROGATION, INCLUDING ALL RECESS PERIODS, OF THE LAW ENFORCEMENT
OFFICER

(2)   THE RECORD MAY BE WRITTEN, TAPED, OR TRANSCRIBED.

(3)   ON COMPLETION OF THE INVESTIGATION, AND ON REQUEST OF THE
LAW ENFORCEMENT OFFICER UNDER INVESTIGATION OR THE LAW ENFORCEMENT
OFFICER'S COUNSEL OR REPRESENTATIVE, A COPY OF THE RECORD OF THE
INTERROGATION SHALL BE MADE AVAILABLE AT LEAST 10 DAYS BEFORE A HEARING.

(L) TESTS AND EXAMINATIONS — IN GENERAL.

(1)   THE LAW ENFORCEMENT AGENCY MAY ORDER THE LAW
ENFORCEMENT OFFICER UNDER INVESTIGATION TO SUBMIT TO BLOOD ALCOHOL
TESTS, BLOOD, BREATH, OR URINE TESTS FOR CONTROLLED DANGEROUS
SUBSTANCES, POLYGRAPH EXAMINATIONS, OR INTERROGATIONS THAT
SPECIFICALLY RELATE TO THE SUBJECT MATTER OF THE INVESTIGATION.

(2)   IF THE LAW ENFORCEMENT AGENCY ORDERS THE LAW
ENFORCEMENT OFFICER TO SUBMIT TO A TEST, EXAMINATION, OR INTERROGATION
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION AND THE LAW ENFORCEMENT
OFFICER REFUSES TO DO SO, THE LAW ENFORCEMENT AGENCY MAY COMMENCE AN
ACTION THAT MAY LEAD TO A PUNITIVE MEASURE AS A RESULT OF THE REFUSAL.

(3)   IF THE LAW ENFORCEMENT AGENCY ORDERS THE LAW
ENFORCEMENT OFFICER TO SUBMIT TO A TEST, EXAMINATION, OR INTERROGATION
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, THE RESULTS OF THE TEST,
EXAMINATION, OR INTERROGATION ARE NOT ADMISSIBLE OR DISCOVERABLE IN A
CRIMINAL PROCEEDING AGAINST THE LAW ENFORCEMENT OFFICER

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