In any criminal or administrative investigation, a public safety officer has the right to consult a representative of your choice before making any statement, oral or written, regarding any matter that could lead to punitive action. In such an incident, an officer/employee should contact an attorney immediately.
If ordered to give a statement without your requested representative, demand that it be recorded and read the following:
“I have been refused the right to have a representative of my choice. I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to comply with such order. However, by so doing, I do not waive my Constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution, and the protections of the California Constitution, and the protections afforded me under case law. Furthermore, by submitting to this coerced interview, I am not waiving any right afforded me under the Public Safety Officer’s Procedural Bill of Rights Act.” Government Code Section 3300, et seq.
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