In Lybarger v City of Los Angeles, Lybarger went into work and then told by his superiors that there was an investigation into accusations against him and two other officers for an assortment of criminal charges, such as bribery and conspiracy. His superiors had told Lybarger that criminal charges are pending and that the current interrogation was an administrative action, but also, if he were to refuse to cooperate with his superiors, he would be charged with insubordination. Lybarger had a lawyer present and Lybarger, after conversing with the lawyer, had decided to exercise his right to not cooperate with administration. Lybarger had then be charged with insubordination and thus was terminated from his duties, which he then later would appeal his termination to the superior court. …show more content…
The right to remain silent during investigation can only be exercised while being charged for criminal acts and officers must be notified of his constitutional rights in such case. In an administrative situation, Lybarger’s superiors failed to notify him that in complying and cooperating with them, the testimony he supplies, will not be used against him if he were to be formally accused and the charges were indeed criminal acts. The court found that the officer should be notified of his constitutional right, despite being a police officer, when there are criminal charges enacted, and that the officer and the lawyer would have done otherwise, if they had known that the investigation was strictly only for administrative