California Supreme Court Strikes Down Penal Code §148.6(a)(2) as Unconstitutional

11.13.2025

Pursuant to California Penal Code section 832.5, law enforcement agencies are required to investigate personnel complaints against their peace officer employees. In 1995, the California Legislature enacted California Penal Code section 148.6(a)(1), making it a misdemeanor offense to knowingly and falsely file a complaint of peace officer misconduct. Further, Penal Code section 148.6(a)(2) requires that citizens who file a complaint of peace officer misconduct sign an advisory that warns them that the consequence of knowingly filing a false complaint of law enforcement misconduct is criminal prosecution.

The Los Angeles Police Department, pursuant to a federal district court consent decree, was prohibited from requiring complainants to sign the advisory required by Penal Code section 148.6 (a)(2). The consent decree expired in 2013, but the City continued the practice of not requiring complainants to sign advisories. In 2017, the Los Angeles Police Protective League (“LAPPL”), filed a lawsuit seeking an injunction to require the City to comply with Penal Code section 148.6(a)(2)’s advisory requirement. Due to a split between state and federal court decisions on the statute’s validity, the California Supreme Court heard arguments on the issue.

The issues before the California Supreme Court were (1) whether the advisory requirement violated the First Amendment, (2) whether the advisory requirement was an impermissible burden on the ability to file, or on the City to accept, police misconduct complaints, and (3) whether the City could be compelled to follow a statute that the Ninth Circuit held was unconstitutional. On November 10, 2025, the Court issued an opinion, in a 6-1 decision, that requiring complainants to sign an advisory that warns of the consequences of filing a knowingly false complaint violates the First Amendment. Specifically, the Court held that the statute’s criminal provision and its advisory requirement unconstitutionally burdened protected speech by deterring citizens from filing truthful complaints of misconduct.

The California Supreme Court’s decision means that law enforcement agencies may not attempt to enforce Penal Code section 148.6’s advisory requirement when receiving formal complaints of peace officer misconduct nor can they seek criminal prosecution if they receive a complaint that may have been submitted with knowingly false allegations. Unfortunately, this also means that agencies may see an increase in knowingly false misconduct complaints. Law enforcement agencies should review and revise policies regarding personnel complaint reporting procedures to ensure they comply with this decision.

Please feel free to contact the Authors of this Alert or your regular AALRR counsel with any questions pertaining to Penal Code section 148.6 and complaints of peace officer misconduct.