Shootings, in custody deaths, significant uses of force and so forth should always be viewed as criminal investigations and the involved officer should speak only with a representative about the incident. If a fellow officer is involved in a critical incident, you may assist him or her by lending emotional support, attending to personal needs and calling for legal representation but do not discuss the incident. There is no confidential communication privilege in such conversations. However, officers should relate information relating to suspect description, direction of flight and other information important to officer and public safety.

It is illegal to destroy, tamper with officer files or conceal information during an IA to harm an officer. - Penal Code § 135.5

It is a misdemeanor to access KPF, DMV, CLETS and NCIC computers without authorization. - Penal Code § 502

It is illegal to secretly record conversations between co workers or supervisors. - Penal Code § 632

An officer has a right to sue a person that has made a false complaint. - Civil Code § 47.5

Any misdemeanor convictions of Penal Code § 240, 242, 273.5 and 417 subjects one to a 10 year prohibition to possess a firearm. - Penal Code § 12021(c) 

Any conviction for domestic violence subjects one to a lifetime prohibition to possess a firearm. - 18 USC 921

The Department physician, including the psychologist, cannot release information to the Department without your signed release, except for "Fit for Duty" or "Not Fit for Duty". - Pettus v Cole 1996

An officer cannot be disciplined for failure to sign a release. - Civil Code § 5620(b)

The Department must bargain on drug testing policy. - Holliday v City of Modesto 1991

Representation rights do not extend to the following:

Pure criminal investigation;

Unplanned supervisor contact; and

Instances where the investigation could only lead to counseling, instruction or informal verbal admonishment with absolutely no notation in any files.

If ordered to give a statement without your requested representative, demand that it be recorded and read the following:

"I have been refused the right to have a representative of my choice. I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to abide by the order. However, by so doing, I do not waive my Constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution and the protections of the California Constitution and the protections afforded me under case law. Furthermore, by submitting to this coerced interview, I am not waiving any right afforded me under the Peace Officers Bill of Rights Act." - Government Code § 3300

California Government Code § 3300 - 3312 is better known as POBR or the Peace Officers Bill of Rights. This outlines the rights and protections of a peace officer under state law. California was the first state to enact such a law. Click here to read more.

It is vital for a peace officer to know and understand their rights under the Public Safety Officers Procedural Bill of Rights Act.

The following is merely a guide and is not at all inclusive of all of your rights.

You have the following rights, if you are being investigated and your agency seeks to question you.

If it is deemed you may be criminally charged, you must be advised of your constitutional rights. - Government Code § 3303(h)

The interrogation shall be conducted at a reasonable hour, preferably when you are on duty or during your normal waking hours, unless the seriousness of the investigation requires otherwise. If the interrogation is during your off duty time, you shall be compensated for such off duty time in accordance with your regular agency policies. - Government Code § 3303(a)

You have a right to be informed before the interrogation of the nature of the investigation as well as the rank, name and command of the officer in charge of the investigation. The questioning cannot be done by more than two interrogators. - Government Code § 3303(b) and 3303(c)

You may, at your request, have a representative of your choice present during the questioning. - Government Code § 3303(i)

You have a right to tape record the interrogation and you have a post interrogation right to copies of any notes, reports or complaints made by investigators or other persons, except those which are deemed confidential. - Government Code § 3303(g)

You have a right not to be subjected to offensive language. Your home address and your photograph cannot be given to the news media without your express consent. - Government Code § 3303(e)

In the event you are required to write a report, letter, memo and/or answer questions concerning an investigation which could POSSIBLY lead to punitive action against you and you do not have time to contact your chosen representative, you should read aloud the following Non Waiver Statement or write the statement and give it to person requesting you to report.

"I object to any questioning or request for response until I have had an opportunity to meet with my chosen representative. However, I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to abide by the order. By doing so, I do not waive my Constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution, under the protections of the California Constitution and the protections afforded me under the case law."

You have other POBR rights.

You have a right to engage in political activity off duty and out of uniform. - Government Code § 3302

You have a right to an opportunity for an administrative appeal of any punitive action. - Government Code § 3304

Except as provided by statute, no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any allegation of misconduct if the investigation is not completed within one year of the agency's knowledge of the allegation. - Government Code § 3304(d)

No document containing adverse comments may be placed in your personnel file without your having an opportunity to review and sign it. - Government Code § 3305

If an adverse comment is placed in your personnel file, you have a right to file a response within 30 days. - Government Code § 3306

You have a right during your normal waking hours to inspect any of your personnel files maintained by your agency. - Government Code § 3306.5

You may not be requested or compelled to submit to a polygraph examination or voice stress analyzer and no disciplinary action may be based upon your failure to submit to either examination. - Government Code § 3307

You may not be requested or compelled to provide information regarding items of property, income, debts or personal or domestic expenditures, except as required by state law or as necessary to make a particular assignment or to investigate a conlifct of interest. - Government Code § 3308

Your locker or work area cannot be searched unless (a) you are present, or (b) you conset, or (c) you have been notified a search will occur, or (d) the employer has obtained a valid search warrant. - Government Code § 3309

A court may issue an injunction or other extraordinary relief to remedy violations of the POBR. - Government Code § 3309.5

The court may impose a civil penalty of up to $25000, attorney fees and other damages, to be awarded to a Public Safety Officer whose POBR rights were denied. The court may also impose sanctions for any POBR action brought by a public safety officer that is frivolous or made in bad faith. - Government Code § 3309.5

If you believe any of your rights have been violated, or will be violated, you should contact your representative as soon as possible.

It is important to know, understand and exercise your rights as a Public Safety Officer.

Before interrogation for something that could lead to punitive action, the Department must inform you of the following:

That you are under investigation for possible misconduct - City of Los Angeles v Superior Court;

The name and command of the investigator(s) - Government Code § 3303(b);

The nature of the investigation with enough specificity to enable you to decide if you want representation - Government Code § 3303(c); and

Your Constitutional Rights, if the matter may result in the filing of criminal charges and "Lybarger" or "Garrity" warnings or an order by a supervisor that the officer talk or face disciplinary action for refusing to do so - Government Code § 3303(g).

What is punitive action? Any of the following is considered punitive action:

• Demotion
• Dismissal
• Findings That May Lead to Adverse Employment Consequences
• Reduction in Salary
• Suspension
• Transfer for Purpose of Punishment
• Written Reprimand

You have the following rights before interrogation:

• To request a representative of your own choice;
• To obtain and use your own recorder; and
• To review any recordings or notes of prior interviews.

The Department may not take the following actions:

• Interrogate you off duty without compensation;
• Use more than two interrogators at a time;
• Conduct an unreasonably lengthy interrogation;
• Use offensive language, make threats or promise rewards;
• Subject you to news media exposure without your consent;
• Provide your home address or phone number to news media without your consent;
• Provide your photo to news media without your consent;
• Refuse to allow you to attend to personal necessities;
• Compel you to take a polygraph test;
• Discipline you for refusing to take a polygraph test; and
• Make a note or comment on your refusal to take a polygraph test.