How Do Self-Incrimination And The Lybarger Warning Affect An Interrogation Under The Pobar Act?

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How Do Self-Incrimination And The Lybarger Warning Affect An Interrogation Under The Pobar Act?

An interrogation of an officer can be administrative or criminal. The employer can order an officer to answer questions. POBAR requires that if an officer refuses to answer questions on the ground that the answers may be selfincriminating, or if it appears that the officer may be charged with a criminal offense, questioning must be preceded by a Lybarger warning.

Other California Labor and Employment FAQs

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A: The act covers all public safety officers in the State of California, both employed by the State or local governments. Public Safety Officers of the State of … More
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A: If a violation occurs, POBAR is enforceable in superior court. An officer does not have to exhaust administrative remedies to sue his agency in superior court. If the … More
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A: POBAR only covers an officer if his or her commanding officer or any other member of the employing public safety department interviews him or her. An officer who is … More
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Q: How Does The Pobar Act Treat The Right Of Privacy Of Personal Property?
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