Peace Officer's Bill of Rights

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Peace Officers Bill of Rights

We believe it is vital for you to know and understand your rights under the Public Safety Officers Procedural Bill or Rights Act [Gov't Code §3300]

If you are being investigated and your department seeks to question you, you have the following rights.

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

2. The interrogation shall be conducted at a reasonable hour, preferably when you are on duty or during 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 department policies. §3303(a)

3. 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 interrogation. The questioning cannot be done by more than two (2) interrogators. §3303(b), (c).

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

5. 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. §3303(g).

6. You have a right not to be subjected to offensive language. Your home addre3ss and your photograph cannot be given to the news media without your express consent. §3303(e)

7. 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 the 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 under 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.”

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

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

10. 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. §3304(d).

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

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

13. You have a right during your normal working hours to inspect any of your personnel files maintained by your agency. §3306.5.

14. 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. §3307.

15. 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 for your employer to make a particular assignment or to investigate a conflict of interest. §3308.

16. Your locker or work area cannot be searched unless:

a. You are present, OR

b. You consent, OR

c. You have been notified a search will occur, OR

d. The employer has obtained a valid search warrant. §3309

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

18. The court may impose a civil penalty of up to $25,000, 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. §3309.5.

If you believe any of your rights have been violated, or will be violated, you should contact your attorney as soon as possible. It is important to know, understand, and exercise your rights as a Public Safety Officer.

Please contact PORAC LDF prior to contacting the Attorneys at (888)556-5631. PCPOA’s Law Firm on retainer with LDF.

MASTAGNI, HOLSTEDT, AMICK, MILLER, JOHNSEN & UHRHAMMER

1912 I STREET

SACRAMENTO, CA 95811

(916)447-4692