What rights does a public safety officer have to remain silent during an administrative investigation?

California, United States of America


The following excerpt is from Dep't of Corr. & Rehab. v. State Pers. Bd., 202 Cal.Rptr.3d 732, 247 Cal.App.4th 700 (Cal. App. 2016):

If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights, including the right to remain silent. ( 3303, subd. (h); Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822, 827829, 221 Cal.Rptr. 529, 710 P.2d 329.) In an administrative investigation, the officer has no right to remain silent, though any self-incriminating statement cannot be used at a criminal proceeding, while refusal to answer subjects the officer to disciplinary action for insubordination. (Lybarger, supra, at p. 827, 221 Cal.Rptr. 529, 710 P.2d 329.)

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