Your Rights Under POBAR: What Every Officer Needs to Know

Did you know the Peace Officers' Procedural Bill of Rights (POBAR) is designed to protect you during investigations? Whether you're facing a possible interrogation or involved in a critical incident, understanding your rights can make all the difference.

The two key rights provided under POBAR are:

  • The right to have representation during any interrogation that could lead to punitive action.

  • The right to appeal any punitive actions taken.

POBAR does not apply in the following situations:

  • Counseling, training, or informal verbal warnings.

  • Routine or unplanned interactions.

  • Investigations of purely criminal matters unrelated to employment.

POBAR applies when a peace officer is:

  • Under investigation for something that could result in punitive action.

    • Punitive actions include any of the following:

    • Dismissal

    • Demotion

    • Suspension

    • Transfer for punitive reasons

    • Reduction in salary

    • Written reprimand

    • Any findings that could lead to adverse employment consequences

  • Being interrogated as part of that investigation.

PRE-INTERVIEW RIGHTS
Before any interrogation that could lead to punitive action, the department must inform you of the following:

  1. That you are under investigation for possible misconduct.

  2. The name and command of the investigator(s).

  3. The specific nature of the investigation, so you can decide whether to seek representation.

  4. Your constitutional rights, especially if criminal charges may be filed.

  5. A "Lybarger" or "Garrity" warning, which informs you that you must answer questions or face disciplinary consequences for refusal.

CRITICAL INCIDENTS
Shootings, in-custody deaths, significant uses of force, and other "critical incidents" should always be treated as criminal investigations. If you're involved in such an incident, you should only discuss it with a representative. However, it's important to provide information that could be crucial for officer or public safety, such as suspect descriptions, flight direction, direction of shots fired (this is known as a public safety statement).

Do not discuss the incident with your partners. If a fellow officer is involved in a critical incident, you can offer emotional support, attend to personal needs, and help secure legal representation, but refrain from discussing the incident. Keep in mind that such conversations are not considered confidential.

If you are under investigation or involved in a critical incident, SEBA is here for you. Call us at (909) 885-6074.

Click here for the full text of POBAR.

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