Pocket Guide to the Public Safety Officers Procedural Bill of Rights Act (18th ed., 2019)
$30.00
By Cecil Marr and Diane Marchant
Updated by Chris Gaspard and J. Scott Tiedemann
18th edition, 2019
1078 in stock
Description
CPER’s best-selling Pocket Guide!
Known statewide as the definitive guide to the rights and obligations established by the act covering peace officer discipline. CPER’s Pocket Guide offers a clear explanation of the protections relating to investigations, interrogations, self-incrimination, privacy, polygraph exams, searches, personnel files, administrative appeals, and more. The Guide also includes the text of the act and summaries of all important cases, a table of cases, glossary, and index of terms.
Table of Contents
Contents
I. Introduction | 1 |
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History of the Bill of Rights Act | 2 |
Analysis and Interpretation of the Act | 4 |
A. Covered Employees | 4 |
B. Procedures for Investigations of Peace Officers | 6 |
1. Complaints from the public | 6 |
2. The nature and scheduling of an interrogation under the Act | 7 |
3. Representation at investigations and interrogations | 10 |
4. Self-incrimination and the ‘Lybarger warning’ | 13 |
5. Documents to be provided | 15 |
6. Tape recording of interrogation | 16 |
7. Assignment of the accused officer during investigation | 17 |
C. Privacy | 17 |
1. Polygraph examinations | 17 |
2. Financial records | 18 |
3. Media attention | 18 |
4. Searches | 19 |
5. Internet | 21 |
D. Personnel Files | 21 |
1. Entries to personnel files | 21 |
2. Access to personnel files | 24 |
3. Confidentiality of personnel records | 25 |
a. Legislative history of personnel files statutes | 25 |
b. Definition of a confidential personnel record | 27 |
4. Discovery of confidential personnel records | 30 |
a. Motion procedure | 31 |
b. Relationship to the California Public Records Act | 37 |
c. Remedies for improper disclosure | 38 |
E. Disciplinary Proceedings | 39 |
1. Statutes of limitations | 39 |
2. Penalty considerations | 41 |
3. Evidence tampering | 42 |
F. Administrative Appeals | 42 |
1. Right to an ‘opportunity for administrative appeal’ | 42 |
2. Nature of an administrative appeal | 45 |
G. Remedies for Noncompliance | 49 |
H. Conclusion | 52 |
II. Statutes | 53 |
A. Public Safety Officers Procedural Bill of Rights Act | 53 |
B. Penal Code Definition of Public Safety Officer (“Peace Officer”) | 68 |
C. Code Sections Pertaining to Peace Officers’ Rights | 90 |
D. Evidence Code Provisions Pertaining to Peace Officers’ Personnel Records |
96 |
III. Major Court Decisions | 100 |
A. Covered Employees | 101 |
B. Interrogation Rights | 102 |
C. Statute of Limitations | 105 |
D. Preemption and Local Rules | 106 |
E. Polygraph Examinations | 107 |
F. Punitive Action, Appeal Rights: Pay Loss (Including Reduction While on Probation) |
107 |
G. Punitive Action, Appeal Rights: Personnel Documents | 108 |
H. Punitive Action, Appeal Rights: Probationary Discharge From Peace Officer Status |
110 |
I. Punitive Action, Appeal Rights: Transfer | 110 |
J. Punitive Action, Appeal Rights: Appeal Format | 112 |
1. Cases directly interpreting the Act | 112 |
2. Cases helpful in interpreting the Act | 115 |
K. Adverse Comments: Right to Respond | 116 |
L. Remedies for Violations of the Act | 117 |
M. Federal Decisions Interpreting the Bill of Rights Act | 119 |
1. Court of Appeals decisions | 119 |
2. Trial court decision | 119 |
N. Decisions Pertaining to Confidential Personnel Files | 119 |
1. Materials Covered by Penal Code Sec. 832.5 | 119 |
2. State court procedure: notice to peace officer | 121 |
3. State court procedure: judicial finding of “good cause” based on declarations |
121 |
4. State court procedure: in camera hearing, exclusions and protective orders |
122 |
5. Personnel record cases under the California Public Records Act | 122 |
6. Personnel records in federal court | 123 |
7. Applying a federal statute in state court | 124 |
O. Criminal Sanctions for Filing False Complaints Against Peace Officers | 124 |
IV. Glossary of Terms | 125 |
V. Table of Cases | 129 |
VI. Index to Subjects | 142 |
Additional information
Weight | 0.625 lbs |
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Dimensions | 10 × 6 × 0.5 in |
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