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The Garrity Rule or Garrity Warning is an invocation that may be made by an officer being questioned regarding actions that may result in criminal prosecution. 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. 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. 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 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. 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.
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