Union Members: Know your rights

You have CONSTITUTIONAL RIGHTS, particularly the right to be free from compulsory Self-incrimination and the right to procedural due process.

Your Union will defend your rights if you request assistance. Always call your union before making a decision to answer questions.

1. Criminal Investigation – Fifth Amendment/Miranda.

You have the right to remain silent and to an attorney; Do not be afraid to invoke these rights in order to consult with an attorney before speaking with an investigator.

Remember: You may speak with an investigator, but anything you say can be used against you in a criminal proceeding. If you do elect to speak you may stop at any time.

2. Internal Investigation – Garrity Rights.

Must be ordered to answer questions.

Questions must relate to officer’s duties or fitness for duty.

Must be advised that failure to answer will be considered insubordination and could lead to discipline up to and including termination.

Must be provided with some degree of immunity from criminal prosecution.

3. Internal Investigation – Weingarten rights.

You have the right to the presence of a union official whenever you are requested or required to give a statement which could result in your discipline or discharge.

Unless you request the presence of a union official you will be deemed to have waived that right.

Prior to, or during your interrogation, you may review any reports or statements you may have made on the subject of your interrogation.

During the interrogation, you may consult with your Union Representative in the absence of the interrogator.

You are not required to answer any questions concerning your off duty conduct during the interrogation, unless your off duty conduct involves action regarding your Capacity as a police officer.