Freddy D'Agastino v. the City of Miami

Summary

The court held that the Police Officers’ Bill of Rights does not expressly preempt all investigations of police misconduct, but it implicitly preempts a political subdivision from compelling a police officer to testify about alleged misconduct through a subpoena when the investigation could lead to discipline. Because the City of Miami’s Civilian Investigative Panel subpoena circumvented the protective interrogation procedures and rights established by the statute, the court quashed the decision upholding the subpoena and remanded. Justice Pariente, concurring, agreed with the narrow result but urged courts to construe implied preemption narrowly and encouraged the Legislature to state preemptive intent expressly.