Union 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.
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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.
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Must be ordered to answer questions.
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Questions must relate to officer’s duties or fitness for duty.
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Must be advised that failure to answer will be considered insubordination and could lead to discipline up to and including termination.
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Must be provided with some degree of immunity from criminal prosecution.
3. Internal Investigation – Weingarten rights.
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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.
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Unless you request the presence of a union official you will be deemed to have waived that right.
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Prior to, or during your interrogation, you may review any reports or statements you may have made on the subject of your interrogation.
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During the interrogation, you may consult with your Union Representative in the absence of the interrogator.
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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.
