Page 195 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Questioning Any Public Employee/Officer

Garrity v. New Jersey, 385 U.S.493 (1967).

If an agency compels an employee to speak after the employee has

invoked their privilege against self-incrimination, the statement
cannot be used against the officer in a criminal case.

Gardner v. Broderick, 392 U.S. 273 (1968).

An employee who exercises their privilege against self-incrimination

cannot be terminated for the exercise of a Constitutional Right

Note: An employee can be compelled to give a statement which will

be used for administrative purposes (including discipline) or face

punishment up to and including termination for their insubordination

in refusing to provide the statement

©2021 Jack Ryan Legal & Liability Risk Management Institute 194