Garrity Rights
Mean To You?
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answering questions that could be selfincriminating.
2. Distinguishing Between Criminal And Administrative Investigations
One key aspect of Garrity is the distinction between administrative and criminal investigations:
• Administrative Investigations: Whenever you are issued an NOI, this is an administrative investigation. It is usually handled by PSB, but sometimes EEO or your current chain of command may handle these as well. Since you are being compelled to give this type of interview, Garrity will protect your statements from use in a criminal investigation.
• Criminal Investigations: The Special Investigations Details( SID) investigates crimes alleged to be committed by City of Phoenix employees. If there is a criminal matter in another jurisdiction, it may be handled by that jurisdiction’ s department. If an officer is suspected of a crime, they retain the constitutional right to remain silent and can refuse to answer questions without facing job-related consequences— just like any private citizen. It is important to remember that if you are being called as a witness, then you are required to participate in the interview. Please contact PLEA immediately if SID or any criminal investigator reaches out to you as either a witness or a subject of an investigation so you can arrange for a consultation with our attorneys before you give them a statement.
3. Protecting Officers From Retaliation
Without Garrity, officers could be subjected to coercive interrogations where they are forced to choose between keeping their jobs and protecting themselves legally. The ruling prevents such abuses, ensuring that officers are treated with the same legal respect as any other citizen.
CHALLENGES AND MISCONCEPTIONS SURROUNDING GARRITY
Despite its clear protections, Garrity v. New Jersey has been the subject of misunderstandings and legal challenges over the years. Some of the most common misconceptions include the following:
1. Garrity Does Not Provide Blanket Immunity
Some believe that Garrity automatically protects officers from all legal consequences. However, it only ensures that statements made under compulsion cannot be used in a criminal case. If independent evidence exists, an officer can still face prosecution.
2. Officers Can Still Be Disciplined
While Garrity protects against selfincrimination, it does not shield officers from internal discipline. If an officer admits to misconduct during an internal investigation, their department can still take administrative action, including suspension or termination.
3. The Burden Of Proof In Criminal Cases vs. Administrative Cases
Criminal cases require proof beyond a reasonable doubt, while administrative cases have a lower burden of proof. This means that even if an officer’ s compelled statement cannot be used in court, they may still face jobrelated consequences based on the preponderance of the evidence.
WHY GARRITY MATTERS FOR LAW ENFORCEMENT TODAY
In an era of increased scrutiny of the police, Garrity v. New Jersey remains a crucial protection for officers. It ensures that while officers are held accountable for their actions, they are also protected from unconstitutional coercion. PLEA continues to advocate for the rights of officers, ensuring that legal protections like Garrity are upheld. As police unions and law enforcement organizations navigate the complexities of internal investigations, Garrity serves as a safeguard against unjust prosecutions and ensures that officers can perform their duties without fear of unfair legal retaliation. PLEA stands firm in protecting these rights and ensuring that every officer receives fair and just treatment under the law.
If you have any questions, please contact me at the PLEA office or by email at ybro @ azplea. com.
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