Once Immunized, Officer Must Tell the Truth (Garrity: Pt 6 of 6) Two recent cases from the United States Supreme Court make it clear that once a public employee is granted immunity by compelling the employee to respond to questions [...]

Are Off-Duty Incidents within the Scope of Garrity? (Garrity: Pt 5 of 6) In accordance with the ruling in Gardner v. Broderick, supra, a police officer may be compelled to answer questions specifically, directly, and narrowly relating to the performance of his [...]

Civilian Review Boards and Garrity (Garrity: Pt 4 of 6) As civilian oversight of police has become more common-place, the issue has arisen as to whether a civilian review board can compel statements from officers.   The Court of Appeals of [...]

Compulsion as the Triggering Mechanism (Garrity: Pt 3 of 6) Employees have Rights against Compelled, Incriminating Statements but No Right to Garrity Immunity. The right of government employees against self-incrimination requires compulsion as a triggering mechanism for immunity against the [...]

Immunity Granted Under Garrity (Garrity: Pt 2 of 6) Most grants of immunity occur under the jurisdiction of a court in accordance with a statute. See E.g. 18 U.S.C. 6002.  One type of immunity that developed in the context of [...]

Garrity & The Administrative Interview (Garrity: Pt 1 of 6) The Fifth Amendment provides that no person shall be compelled to give testimony against him or herself.  This right against self-incrimination is not absolute.  The government has the power to [...]