Florida Law Enforcement &
Correctional Officer Association
Correctional Officer Association
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GARRITY RIGHTS
The Garrity protections are some of the most fundamental in law enforcement. In
Garrity v. New Jersey, the Supreme Court held that Officers are not required to
sacrifice their right against self incrimination in order to retain their jobs. 385 U.S.
493 (1967). 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. Gardner v. Broderick, 392 U.S. 273 (1968). Therefore, if an Officer
gives a coerced statement, the statement is “protected,” and cannot be used in a
subsequent criminal prosecution.
The Garrity protections are some of the most fundamental in law enforcement. In
Garrity v. New Jersey, the Supreme Court held that Officers are not required to
sacrifice their right against self incrimination in order to retain their jobs. 385 U.S.
493 (1967). 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. Gardner v. Broderick, 392 U.S. 273 (1968). Therefore, if an Officer
gives a coerced statement, the statement is “protected,” and cannot be used in a
subsequent criminal prosecution.
Should a statement be required, the following type of statement should be written at the top
of your statement form:
On (date & time) at (place), I was ordered to submit this statement by (name and rank). I
give this statement at his/her order as a condition of employment. I have no alternative but to
abide by this order or face termination.
It is my belief and understanding that the department requires this statement solely and
exclusively for internal purposes and will not release it to any other agency. It is my further
belief that this statement will not and cannot be used against me in any subsequent
proceedings. I authorize release of this report to my attorney or designated union
representative.
I retain the right to amend or change this statement upon reflection to correct any
unintended mistake without subjecting myself to a charge of untruthfulness.
For any and all other purposes, I hereby reserve my Constitutional right to remain silent
under the Fifth and Fourteenth Amendment to the United States Constitution and any other
rights prescribed by law. I rely specifically upon the protection afforded me under the
doctrines set forth in Garrity and Spevack should this statement be used for any other
purpose.
of your statement form:
On (date & time) at (place), I was ordered to submit this statement by (name and rank). I
give this statement at his/her order as a condition of employment. I have no alternative but to
abide by this order or face termination.
It is my belief and understanding that the department requires this statement solely and
exclusively for internal purposes and will not release it to any other agency. It is my further
belief that this statement will not and cannot be used against me in any subsequent
proceedings. I authorize release of this report to my attorney or designated union
representative.
I retain the right to amend or change this statement upon reflection to correct any
unintended mistake without subjecting myself to a charge of untruthfulness.
For any and all other purposes, I hereby reserve my Constitutional right to remain silent
under the Fifth and Fourteenth Amendment to the United States Constitution and any other
rights prescribed by law. I rely specifically upon the protection afforded me under the
doctrines set forth in Garrity and Spevack should this statement be used for any other
purpose.
