Christal v. Police Com. of San Francisco

In Christal v. Police Com. of San Francisco (1939) 33 Cal.App.2d 564, police officers discharged for refusing to appear before a grand jury to answer questions about corruption and receipt of bribes filed a civil suit seeking to regain their employment. The court held that the officers could not exercise their constitutional privilege of refusing to testify under the circumstances presented "and still insist upon retaining their positions as police officers." (33 Cal.App.2d at p. 567.) The court explained: "When police officers acquire knowledge of facts which will tend to incriminate any person, it is their duty to disclose such facts to their superiors and to testify freely concerning such facts when called upon to do so before any duly constituted court or grand jury. ... It is a violation of said duties for any police officer to refuse to disclose pertinent facts within his knowledge even though such disclosure may show, or tend to show, that he himself has engaged in criminal activities." (Id. at pp. 567-568.) The officers "attempted to ... claim an alleged right to continue as police officers despite a violation of their duties as such officers. It seems clear that they had no such right. " (Id. at p. 573.)