Can BART force the officer to answer questions?
Like all California police agencies, BART is required to comply with Government Code 3300-3313 (Public Safety Officers Procedural Bill of Rights) whenever a peace officer is accused of wrongdoing, whether administrative or criminal The law outlines the required procedures before a law enforcement agency can interrogate a peace officer accused of misconduct. These requirements often mean that peace officer investigations are delayed longer than investigators would like, but to violate these requirements could jeopardize the process. While frustrating, law enforcement cannot discuss details of the investigation during this period of fact finding. To do otherwise could undermine the ability to seek criminal prosecution or administrative discipline, if the facts justify these actions.
