Rights of Deputies Expanded in Department Investigations

The Sheriff’s Department must make available to officers under investigation for alleged crimes stenographers’ notes or reports made by other witnesses before subjecting the deputies to interrogation, a Los Angeles Superior Court judge ruled Thursday

But Judge John L. Cole declined to prohibit the department from inquiring into the financial dealings of officers being investigated, or to require the reading of so-called Miranda rights to them as the Assn. for Los Angeles Deputy Sheriffs, the deputies’ union, had requested.

In striking down what he termed the department’s “meat-ax” practice of broadly blanketing information obtained from others under a cloak of confidentiality, Cole did allow, however, that there might be certain exceptions to his rule.

Judge’s Interpretation

“I don’t think a blanket assumption that it would be easier to investigate this fellow if we don’t tell him what we have on him (was meant when the Legislature gave sheriffs discretion to withhold certain information as confidential),” Cole said.

“(But) it seems to me if there is particular reason why something should be (deemed) confidential, the sheriff has the right to exercise his discretion and not disclose that to the officer.”

Cole denied the motion for a preliminary injunction, or to require reading of Miranda rights (including the right to remain silent or the right to have an attorney present when questioned) when there is no intention at the time to file criminal charges against the individual.

Source of Case

The ruling stemmed from a case brought by the association over department handling of an investigation into dealings of a deputy whose brother had been charged with felony narcotics counts. Richard A. Shinee, attorney for the association, said Thursday that Cole’s ruling will affect all cases, not just the one deputy’s.

Shinee said it should now be “very difficult” for the department to withhold information it deems confidential, since the burden will be on the investigators to show that it is.