Last Updated: September 2026
Receiving notice that you are the subject of an Internal Affairs investigation can be stressful. California law provides important procedural protections for qualifying peace officers during investigations that may result in punitive action.
The Peace Officer Procedural Bill of Rights Act establishes procedural safeguards designed to protect peace officers throughout the investigative process. Understanding your rights at the outset of an Internal Affairs investigation can help protect your career and ensure the investigation is conducted in accordance with California law.
The Law
The Peace Officer Procedural Bill of Rights Act, codified in California Government Code sections 3300 through 3313, establishes procedural protections for qualifying peace officers during administrative investigations that could result in punitive action.
Depending on the circumstances, the Peace Officer Procedural Bill of Rights Act addresses matters including:
- The manner in which interrogations are conducted.
- Notice regarding the nature of the investigation before questioning.
- Access to certain recordings and investigative materials as provided by law.
- The opportunity to respond to adverse comments placed in a personnel file.
- Administrative appeal rights in situations provided by the Act.
What This Means
If you are notified that you are the subject of an Internal Affairs investigation:
- Carefully review any written notice you receive.
- Preserve relevant reports, emails, text messages, photographs, or other documents.
- Remain professional throughout the investigation.
- Understand your rights, including your right to consult with an attorney before making statements or decisions that may affect your career.
The rights and protections available under the Peace Officer Procedural Bill of Rights Act depend upon the specific facts of the investigation and the applicable provisions of California law.
Officer Tip
Do not assume that an Internal Affairs investigation is merely a routine administrative matter. The statements you make, the documents you provide, and the decisions you make early in the investigation may affect the outcome of the case.
If you become the subject of an Internal Affairs investigation, consider consulting with a qualified attorney before making statements that could affect your rights or your career.
Questions about an Internal Affairs investigation, the Peace Officer Procedural Bill of Rights Act, or your rights as a California peace officer?
Contact Sandra Pultz Law to discuss your situation and legal options.
Authorities
- California Government Code §§ 3300–3313 (Peace Officer Procedural Bill of Rights Act)
- California Government Code § 3303
- California Government Code § 3304
About the Author
Sandra Pultz, Esq. is an attorney representing injured workers, employees, and first responders throughout California. Her practice focuses on workers’ compensation, critical incident response, discipline defense, and employment law.
Disclaimer
This article is provided for informational and educational purposes only and is not intended as legal advice. Viewing, reading, or interacting with this content does not create an attorney-client relationship with Sandra Pultz Law. You should not act or refrain from acting based on the information contained herein without first consulting an attorney regarding your specific circumstances. Please do not send confidential or sensitive information through this website, social media, email, or other electronic communications until an attorney-client relationship has been established
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