Does section 3303, subdivision (g) of the California Civil Rights Act, make a claim of a "constitutional right to silence"?

California, United States of America


The following excerpt is from Kelly v. City of Fresno, 159 Cal.App.3d 110, 205 Cal.Rptr. 416 (Cal. App. 1984):

Respondents cite Fout v. State Personnel Bd. (1982) 136 Cal.App.3d 817, 186 Cal.Rptr. 452, as "dealing with the precise issues presented in this appeal." However, in Fout the appellant sought refuge from administrative interrogation solely on the basis of "constitutional rights." (Id., at p. 820, 186 Cal.Rptr. 452.) The decision denying such a right makes absolutely no mention of section 3303, subdivision (g), in particular, or of the Act in general. Respondents miss the point--petitioner does not claim a constitutional right to silence, but a statutory right.

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