What rights does a peace officer have when he is questioned in the course of an internal affairs investigation?

Section 3303 "prescribes protections that apply when a peace officer is interrogated in the course of an administrative investigation that might subject the officer to punitive action, such as dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. " ( City of Pasadena , supra , 51 Cal.3d at p. 574, 273 Cal.Rptr. 584, 797 P.2d 608, quoting 3303 ; see Gilbert v. City of Sunnyvale (2005) 130 Cal.App.4th 1264, 1283, 31 Cal.Rptr.3d 297 ( Gilbert ) [same].) "To ensure fair treatment of an officer during an internal affairs interrogation, section 3303 requires that the employing agency notify the officer to be interrogated of the identity of the interrogating officers ( 3303, subd. (b) ), and of the nature of the investigation prior to any interrogation ( 3303, subd. (c) ). It also prohibits abusive interrogation techniques. ( 3303, subds. (a) [interrogation to be conducted at a reasonable hour], (b) [no more than two interrogators], (d) [length of the interrogation session not to be unreasonable; subject must be allowed to attend to physical necessities], and (e) [no abusive language, promises or threats].) If the interrogation focuses on matters likely to result in punitive action against the peace officer, section 3303 allows the officer to designate a representative to be present at the interrogation, provided that the representative is not someone subject to the same investigation. ( 3303, subd. (h) [now subd. (i)].) If criminal charges are contemplated, section 3303 requires immediate advisement of the so-called Miranda rights. ( 3303, subd. (g) [now subd. (h)].)" ( City of Pasadena , supra , 51 Cal.3d at p. 574, 273 Cal.Rptr. 584, 797 P.2d 608.)

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