Gordon v. Horsley

Opinion

PARRILLI, J.

Does a sheriff have authority to administratively restrict a deputy’s peace officer powers to arrest and to carry a concealed firearm off duty, when the deputy has shown he may present a danger to the public if he is allowed to exercise those powers? We conclude a sheriff does have such authority.

However, we also conclude that a deputy has a right to administratively appeal such restrictions on his peace officer powers. Since the deputy in this case was denied that right, we reverse and remand with directions.

I

Introduction and Background

Appellant Louis A. Gordon is a San…