You have CONSTITUTIONAL RIGHTS,   particularly the right to be free from compulsory Self-incrimination and the right to procedural due process.

Your Union will defend your rights if you  request assistance.  Always call your union before making a decision to answer questions.

IF INVOLVED IN A DEADLY USE OF FORCE

1. Criminal Investigation – Fifth Amendment/Miranda.

• You have the right to remain silent and to an attorney;   Do not be afraid to invoke these rights in order to consult with an attorney before speaking with an investigator.

Remember: You may speak with an investigator, but anything you say can be used against you in a criminal proceeding.  If you do elect to speak you may stop at any time.

2. Internal Investigation – Garrity Rights.

• Must be ordered to answer questions.

• Questions must relate to officer’s duties or fitness for duty.

• Must be advised that failure to answer will be considered insubordination and could lead to discipline up to and including termination.

• Must be provided with some degree of immunity from criminal prosecution.

3. Internal Investigation – Weingarten rights.

• You have the right to the presence of a union official whenever you are requested or required to give a statement which could result in your discipline or discharge.

• Unless you request the presence of a union official you will be deemed to have waived that right.

• Prior to, or during your interrogation, you may review any reports or statements you may have made on the subject of your interrogation.

• During the interrogation, you may consult with your Union Representative in the absence of the interrogator.

• You are not required to answer any questions concerning your off duty conduct during the interrogation, unless your off duty conduct involves action regarding your Capacity as a police officer.