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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 quest.
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VIOLATIONS FAQ
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GARRITY WARNING. You are required to respond to all questions asked of you in this administrative investigation. Further, you are required to assist investigators with any information they should request.
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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.
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The officers appealed their convictions, but they were upheld by the state supreme court. The U.S. Supreme Court then ruled in 1967's Garrity v. New Jersey that the employees' statements, made under threat of termination, were compelled by the state in violation of the Fifth and Fourteenth Amendments.
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Garrity warnings are typically given to law enforcement officers who are suspected of misconduct, such as excessive force, corruption, or violation of departmental policies. The warning is meant to ensure that officers are aware of their rights and that their statements are voluntary and not coerced.
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Once the employee has been threatened with severe discipline or termination for refusal to answer, they are protected by Garrity and its use/derivative use immunity, and can no longer stand on the Fifth Amendment.
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In conclusion, Garrity v. New Jersey is a seminal United States Supreme Court case that established the principle that any statements made by public employees during internal investigations cannot be used against them in criminal proceedings, as it would violate their Fifth Amendment right against self-incrimination.
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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.
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Keywords relevant to NJ SOA Garrity Rights
- incriminate
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