Garrity--How It Works

Garrity can be a confusing animal. We have to deal with it and be fair to all involved.


There are several things to be considered at this point. If the criminal investigator and the internal affairs investigator interview at the same time, is this a problem? Well, put yourself in the accused officer's shoes. In the door walk the criminal investigator and the internal affairs investigator. Under most policies and procedures, it is stated officers will cooperate in any internal affairs investigation. Would the officer feel compelled to tell the truth and give up his Fifth Amendment rights? It could be articulated that he would be under the protection of the Garrity decision, even though it had not been read to him

These are a few of the more serious situations that arise in the mystic state of internal affairs. Garrity can be a confusing animal. We have to deal with it and be fair to all involved.

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