Case Law

WARNING:  THE CASE INTERPRETATIONS ARE MY OWN AND OTHERS MAY DIFFER IN THEIR OPINIONS.  BE SURE TO CONTACT YOUR OWN COUNSEL BEFORE RELYING ON ANY OF THESE INTERPRETATIONS.

BAGGET v. GATES

Case Citation: (1982) 32 Cal. 3d 128

Quick Holding: POBRA may constitutionally be applied to charter cities such as Los Angeles. The stable employment relation between police officers and their employers is a matter of statewide concern. A decision to reassign a peace officer to a lower paying position is per se disciplinary, or punitive, in nature and requires an administrative appeal. [More Info]

GARRITY ET AL. v. NEW JERSEY

Case Citation: (1966) 385 U.S. 493

Quick Holding:   Threats of removal from public office to induce one to forgo the privilege of self-incrimination renders the subsequent statement involuntary and therefore inadmissible in a state criminal proceeding.  It constitutes coercion and the decision to “waive” is made under duress. [More Info]

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