Editor’s note: This series of articles is intended to be used as quick topic discussions at the beginning of any meeting. They are meant to create discussion among your teams and to get your officers thinking on their feet about training topics, in order to encourage learning and training.
Garrity is like Miranda for cops.
Garrity is a much less known warning because it protects the officer. The court basically ruled that statements which a law enforcement officer is compelled to make, under threat of possible forfeiture of the officer’s job, could not be used against the officer in a criminal prosecution.
It has been established that you cannot be questioned under Miranda and Garrity simultaneously.
For instance: you are summoned to your superior’s office or to internal affairs, where you are suddenly told to answer questions regarding a possible complaint or allegations of misconduct, or asked if you have any knowledge of a particular incident.
Simply ask “am I under orders to respond?” Forcing an order to answer questions or make statements regarding any misconduct inquiry invokes the Garrity rule and prevents your response from being used against you in a criminal prosecution. Should you be told you are not suspected of any wrongdoing, then ask to be give an order prior to answering any questions. If you are told it is an internal investigation, you should also ask for a superior to order you to respond.
If the questioning is for alleged criminal conduct, then you should invoke Miranda and not respond to any questions until an attorney is present representing you.
Most law enforcement officers are fired for lying on internal investigations, many times when only minor incident have occurred. Do not lie!
