Legal

Penal Codes Affecting Law Enforcement Officers

135.5. Evidence Tampering
Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceedings against a public safety officer, for the purpose of harming that public safety officer, is guilty of a misdemeanor.

148.6. Misconduct Allegations
(a)(1) Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, knowing the allegation to be false, is guilty of a misdemeanor.

(2)Any law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign:

You have the right to make a complaint against a police officer for any improper police conduct. California law requires this agency to have a procedure to investigate citizens’ complaints. You have the right to a written description of this procedure. This agency may find after investigation that there is not enough evidence to warrant action on your complaint; even if that is the case, you have the right to make the complaint and have it investigated if you believe an officer behaved improperly. Citizen complaints and any reports or findings relating to complaints must be retained by this agency for at least five years.

(3)The advisory shall be available in multiple languages.

(b)Every person who files a civil claim against a peace officer or a lien against his or her property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out his or her official duties, is guilty of a misdemeanor.  This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties.

502:It is a misdemeanor to access computers without permission. ( i.e. local, CLETS, DMV.)

632:"Confidential communications", conversations between the officer and their supervisor, co-workers, chief, etc. cannot be secretly recorded utilizing a tape-recorder and / or other digital recording device.

12021 (c): Ten year prohibition to possess firearm for misdemeanor convictions including 240, 242, 273.5, and 417 PC, etc.

Other Government Codes
Civil Code 56.10.
Department/employer doctor, (includes psychologist) cannot release information to department/employer without your signed release except "fit or not fit" for duty.  Pettus v. Cole (1996). 

Civil Code 56.20 (b)
You cannot be disciplined for failure to sign a release.

18U.S.C 922 (g) (9), Federal Gun Control Act
Any misdemeanor conviction for domestic violence on spouse or child is equal to lifetime prohibition to possess a firearm.

 

     


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