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Basics - 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
Garrity Rights - Garrityrights. org 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
FAQ - Garrity Rights Garrity protection depends on whether they are ordered to answer questions, whether the answers to those questions could incriminate the employee, and whether there is a severe penalty - usually termination - for refusing to answer questions
Garrity Warnings - Garrity Rights Garrity "Warnings" Often, public employers will simply want to conduct an administrative investigation to ascertain whether misconduct has occurred, and to determine if disciplinary action is warranted
Garrity v. NJ - Garrity Rights Garrity-related issues have also become increasingly common in publicly-operated nursing home facilities, where allegations of resident abuse sometimes arise Some argue that Garrity Rights are an example of public employees being afforded "special" rights not enjoyed by others
Case Summaries - Garrity Rights Garrity v New Jersey , 385 U S 493 (1967) Spevack v Klein , 385 U S 511 (1967) Gardner v Broderick , 392 U S 273 (1968) Uniformed Sanitation Men Association
Resources - Garrity Rights Garrity Rights Reviewed International Union of Police Associations (IUPA) Porter, Mark When the Cop Becomes a Suspect: A Primer on Garrity (link to PDF download) Ramage, Michael Criminal vs Administrative Investigations (‘Garrity’ Issues and Workplace Searches), Florida Department of Law Enforcement, 2000 (link to PDF download) Ryan
Spielbauer - Garrity Rights For example, the March 2007 issue of Public Safety Labor News called Spielbauer "potentially the most important case in 40 years interpreting Garrity v New Jersey "
Uniformed Sanitation I - Garrity Rights Garrity v New Jersey and Uniformed Sanitation I can be viewed as a two-part package of rights Garrity protects compelled statements from being used in a criminal proceeding, while Uniformed Sanitation I protects the employee from termination for refusing to self-incriminate