Garrity Rights

 

Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers.  

This protection stems from the Fifth Amendment to the United States Constitution, which declares that the government cannot compel a person to be a witness against him/herself. 

 

 

Internal Investigation - Garrity Rights.

  • Must be ordered to answer questions.

  • Questions must relate to officer's duties or fitness for duty.

  • Must be advised that failure to answer will be considered insubordination and could lead to discipline up to and including termination.

  • Must be provided with some degree of immunity from criminal prosecution.

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