48 Hour Rule Can Delay Investigations, Some Argue It's Unfair

By Jennifer Pierce, NEWS 9

OKLAHOMA CITY – Nearly 72 hours after a deadly shooting, the officer involved is being questioned for the investigation, but why is it taking so long to interview the officer?

Officer Daniel Godsil shot and killed 28-year-old Tremall Lavar Anderson on Saturday. Officer Godsil was questioned at police headquarters nearly 72 hours after the shooting because of the 48 hour rule.

The rule states that an Oklahoma City police officer involved in a shooting, whether it resulted in the death or injury of a suspect, cannot be interviewed for 48 hours. Some argue the rule gives officers preferential treatment.

The summer of 2008 was a turning point for Oklahoma City police. In the month of July, in a matter of two weeks, there were three officer involved shootings.

"It's extremely stressful obviously for any human being when you have to take actions like that," said Gil Hensley, Fraternal Order of Police President.

That's why the Oklahoma City Police Department and the Fraternal Order of Police adopted the 48 hour rule. FOP president Gil Hensley said it allows an officer time to reflect on the shooting before he's questioned.

"We want to make sure that interview is a good quality, realistic representation of what occurred," Hensley said.

But a former police officer, now defense attorney doesn't agree with the 48 hour rule.

"They are given 48 hours to collect their thoughts, get together with someone, whatever they need to do. And then they are interrogated. It doesn't pass the smell test," said NEWS 9 legal analyst Irven Box.

Shooting suspects are brought in immediately for questioning, but they can refuse to talk to investigators and get an attorney.

"They can say ‘I'm not going to talk to you under any circumstances...ever,'" Hensley said.

But depending on the circumstances and evidence, the person can be charged and booked into jail.

Box doesn't think it is fair the same rule doesn't apply to police.

"I know it protects the officer and gives him time to collect his thoughts, but if that same person is a citizen out here they should be entitled to collect their thoughts also," Box said.

The FOP president said the difference is an officer has an obligation to participate in the investigation, whereas a citizen doesn't.

Also an officer's interview is not videoed, only audio, but a suspect's interview is always video taped.