The Garrity Warning

The Garrity rights, Garrity rule or Garrity warning is a protection that is utilized by many law enforcement officers each year. Simply, Garrity is an invocation that may be made by an officer being questioned regarding actions that may result in criminal prosecution.  

The Garrity rule goes by several different names including the Garrity Right, the Garrity Law, the Garrity Rule, the Garrity Advisement and the Garrity Warning.

By invoking the Garrity rule, the officer is invoking his or her right against self incrimination. Any statements made after invoking Garrity, may only be used for department investigation purposes and not for criminal prosecution purposes. The Garrity Rule stems from the court case Garrity v. New Jersey, 385 U.S. 493 (1967), which was decided in 1966 by the United States Supreme Court. It was a traffic ticket fixing case of all things.  

Officers were advised that they had to answer questions subjecting them to criminal prosecution or lose their jobs. The Court held that this was Unconstitutional.  

Technically, there are two prongs under the Garrity rights. First, if an officer is compelled to answer questions as a condition of employment, the officer's answers and the fruits of those answers may not be used against the officer in a subsequent criminal prosecution. Second, the department becomes limited as to what they may ask. Such questions must be specifically, narrowly, and directly tailored to the officer's job.

Thus, the basic thrust of the Garrity Rights or Garrity Rule is that a department member may be compelled to give statements under threat of discipline or discharge but those statements may not be used in the criminal prosecution of the individual officer. This means that the Garrity Rule only protects a department member from criminal prosecution based upon statements he or she might make under threat of discipline or discharge.

Also, the Garrity Rule is not automatically triggered simply because questioning is taking place. The officer must announce that he or she wants the protections under Garrity. The above statement should be prepared in writing, and the officer should obtain a copy of it. If a written statement is being taken from an officer, the officer should insist that the Garrity Warning actually be typed in the statement.  Consult your attorney and union delegate for the laws regarding Garrity in your state before providing any statement.  

Below is the actual Garrity Warning:

1.  I am being questioned as part of an investigation by this agency into potential violations of department rules and regulations, or for my fitness for duty. This investigation concerns

______________________________________________________________________________

______________________________________________________________________________

2.  I have invoked my Miranda rights on the grounds that I might incriminate myself in a criminal matter.

3.  I have been granted use immunity. No answer given by me, nor evidence derived from the answer, may be used against me in any criminal proceeding, except for perjury or false swearing.

4.  I understand that I must now answer questions specifically, directly and narrowly related to the performance of my official duties or my fitness for office. 

5.  If I refuse to answer, I may be subject to discipline for that refusal which can result in my dismissal from this agency.

6.  Anything I say may be used against me in any subsequent department charges.

7.  I have the right to consult with a representative of my collective bargaining unit, or another representative of my choice, and have him or her present during the interview. 

Assistant Prosecutor/Deputy Attorney General Authorizing:  __________________________

Signature:________________________________

Date:_______________ Time:_____________

Location:_________________________________

Witnessed by:  ______________________________

                       ______________________________

These are sometimes referred to as the Garrity rights.