What rights does a public safety officer have when they are under investigation and subjected to interrogation by their commanding officer?
California, United States of America
The following excerpt is from Johns v. City of L. A., B248191 (Cal. App. 2014):
POBRA provides that: "When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under [certain] conditions" or with certain procedural safeguards. ( 3303.) These procedural safeguards include, among other things, the right to be informed of the nature of the investigation before being subjected to interrogation ( 3303, subd. (c)), the right to be represented at the interrogation by a representative of the officer's choice ( 3303, subd. (i)), and the right to bring a recording device and record the interrogation ( 3303, subd. (g);6 Van Winkle v. County of Ventura (2007) 158 Cal.App.4th 492, 497.)
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