Officer Rights During Administrative Investigations

YOUR RIGHTS WHEN YOU ARE THE SUBJECT OF AN INVESTIGATION

  1. The right not to make any statement to your department (written or oral) without first being ordered and being given a Garrity or Administrative Warning. If possible, do not make any statement until you have spoken with your CLEAT attorney.
  2. The right not to be compelled to speak with a prosecutor.

If the Miranda Warnings are read to you, contact a CLEAT attorney immediately BEFORE making a statement!

As a condition of employment you are required to abide by the rules and regulations. You must answer questions, give statements, and submit reports at the order of an investigating officer, or become subject to disciplinary action for refusal to obey. It is suggested that you include the Garrity statement (included)  when making statements or submitting reports concerning complaints from citizens, or when you are suspected of violation of the law or the rules and regulations. By doing so, you will ensure that your statements and reports cannot be used as evidence against you in any proceeding before an agency bound by the rules of evidence. The procedure suggested is lawful and proper. Each individual officer must decide for himself if he is going to use it. Our advice is that we all use the procedure at all time. This way there will be no special stigma on its use. Remember that it is better to be safe than sorry and it is better to have it and not need it than to need it and not have it.

In this Country under our system of government, NO MAN need be ashamed, nor should he be afraid to demand and protect his CONSTITUTIONAL RIGHTS.