Legal Opinion

Upland Police Officers Ass'n v. City of Upland

California Court of Appeal

Decided September 11, 2003No. E032607PublishedCited by 41 opinions

1Opinion of the Court

Opinion

HOLLENHORST, Acting P. J.

The Public Safety Officers Procedural Biff of Rights Act (Act) (Gov. Code, § 3300 et seq.) gives a peace officer who is under investigation the right to a representative of his or her choice under certain conditions. 1 (§ 3303, subd. (i).) The first-impression issue presented by this case is whether this right of representation is limited in any way.

The trial court granted a preliminary injunction “prohibiting [the Upland Police Department] from proceeding with an interrogation of an officer if the representative of his or her choice is unavailable.” As…

2Cases cited23 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. National Labor Relations Board v. J. Weingarten, Inc.Supreme Court of the United States · 1975
  3. Norgart v. Upjohn Co.California Supreme Court · 1999
  4. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  5. Ghirardo v. AntonioliCalifornia Supreme Court · 1994

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3Cited by41 opinions

  1. Schroeder v. Excelsior Management Group, LLCWashington Supreme Court · 2013
  2. Commonwealth, Office of Administration v. Pennsylvania Labor Relations BoardSupreme Court of Pennsylvania · 2007
  3. Bank of America, N.A. v. RobertsCalifornia Court of Appeal · 2013
  4. Quezada v. City of Los AngelesCalifornia Court of Appeal · 2014
  5. San Diego County Health & Human Services Agency v. J.C.California Court of Appeal · 2011

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