What is the test for requiring a police officer to be advised of his constitutional rights before making the choice between incriminating himself or losing his job?

California, United States of America


The following excerpt is from Lybarger v. City of Los Angeles, 221 Cal.Rptr. 529, 40 Cal.3d 822, 710 P.2d 329 (Cal. 1985):

3 As should be apparent, I do not agree with the majority's assertion that no law apart from the Act itself requires an officer to be advised of his constitutional rights before being faced with the choice of incriminating himself or losing his job. (Maj. opn., ante, at p. 532 of 221 Cal.Rptr., p. 332 of 710 P.2d.) Nothing in Beckwith v. United States (1976) 425 U.S. 341, 345-347, 96 S.Ct. 1612, 1615-16, 48 L.Ed.2d 1 or People v. White (1968) 69 Cal.2d 751, 760-761, 72 Cal.Rptr. 873, 446 P.2d 993, upon which the majority rely, compels their conclusion.

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