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Simply ask, "is this an administrative inquiry, and am I under orders to respond?" Forcing the issuance of a directive to answer questions or make statements regarding any misconduct inquiry invokes the Garrity rule and prevents your response from being used against you in a criminal prosecution.
What is the purpose of a Garrity warning?
An employer must give a Garrity warning to assure immunizing an employee's statements from prosecution when the employee reasonably believes the employer would take an adverse employment action against him/\u200bher for exercising his/\u200bher Fifth Amendment right to remain silent.
What is a Garrity form?
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.
What is a Garrity hearing?
The Garrity warning advises subjects of their criminal and administrative liability for any statements they may make, but also advises subjects of their right to remain silent on any issues that tend to implicate them in a crime.
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