DELAWARE STATE POLICE LEGAL SECTION
The Attorney General’s Office has designated one Deputy Attorney General to
provide legal advice to the Division in all civil matters. The DAG will
advise Internal Affairs in all investigations and case reviews and prosecute
cases before Divisional Trial Boards and appeals to the Secretary; advise
the Human Resources Office on personnel matters, including Fair Labor
Standards Act, Family Medical Leave Act, Uniformed Services Employment and
Re-Employment Rights Act, and the federal and state anti-discrimination laws
and to respond to all charges of discrimination filed with the Equal
Employment Opportunity Commission and Delaware Department of Labor; advise
the State Bureau of Identification on Sex Offender Registry, Firearms
Transaction Approval Program, expungement and civil subpoena issues; advise
the Training Academy on training, certification, and de-certification
issues; and advise the Detective Licensing Unit on professional regulation
issues.
The DAG will also be legal counsel to the Council on Police Training, the
Criminal Justice Council, the Board of Managers of the Delaware Criminal
Justice Information System, the Board of Examiners of Constables, and the
Board of Examiners of Private Investigators and Private Security Agencies.
The DAG will provide regular training on Fourth Amendment and other law
enforcement issues at Commander’s Meetings, Annual In-Service Training, and
for Recruit Classes at the Training Academy. The DAG will advise the
Division on all contract, sole source/critical need waivers, regulations,
FOIA/ public information requests, and draft and review legislation.
Civil lawsuits filed against the Division and individual State Troopers
(Fourth Amendment search and seizure, motor vehicle accident) will be
assigned to other deputies in the Major Litigation Unit in the Civil
Division of the Attorney General’s Office. DAG Tupman should be notified
whenever service of a summons and complaint is served on the Division or a
Trooper to make sure that the case is properly assigned for response. DAG
Tupman will also facilitate discovery of police reports and other documents
that may be relevant to the case.
- Information obtained from 2009 DSP Annual Report -
