Garrity Rights Reviewed
by Aaron Nisenson
In answer to requests from some of our members, we are posting here this summary of articles we have previously released concerning your Garrity Protection Rights.
1. What is Garrity Protection?
When and how is it used by Law Enforcement Officers?
The Garrity protections are some of the most fundamental in law enforcement. In Garrity v. New Jersey, the Supreme Court held that Officers are not required to sacrifice their right against self incrimination in order to retain their jobs. 385 U.S. 493 (1967). The basic premise of the Garrity protection is straightforward: First, an Officer cannot be compelled, by the threat of serious discipline, to make statements that may be used in a subsequent criminal proceeding; Second, an Officer cannot be terminated for refusing to waive his Fifth Amendment right to remain silent. Gardner v. Broderick, 392 U.S. 273 (1968). Therefore, if an Officer gives a coerced statement, the statement is “protected,” and cannot be used in a subsequent criminal prosecution.