fbpx

Trooper’s Garrity Rights Violated

Christopher Kober was a trooper with the Nebraska State Patrol. Kober was criminally charged on June 1, 2017, with theft by receiving stolen property valued at more than $5,000, a Class IIA felony under Nebraska law. The criminal investigation began when the Bellevue Police Department informed the Patrol that, acting on a tip from Kober’s wife, it had discovered a large amount of prescription drugs in an ammunition can…

Read More

How Miranda and Garrity Relate To One Another

In 2016, the Miami-Dade Police Department (MDPD) initiated an investigation into allegations of corruption within its Narcotics Bureau. In an effort to ascertain the identity of the purportedly corrupt law enforcement officers, the Criminal Conspiracy Section of the Department’s Professional Compliance Bureau orchestrated a clandestine sting operation. Investigators rented a motel room and designated an undercover police officer from the Orlando Police Department to pose as a drug peddler….

Read More

Garrity Is Not A ‘License To Commit Crimes’

Armando Noguiera was a Sheriff’s Officer with the Essex County Sheriff’s Office in New Jersey. On October 5, 2012, John Warnock, a fellow Essex County Sheriff’s Officer, allegedly restrained and threatened to sexually assault a woman. Warnock’s trial began in September 2014. Both the State and Warnock called Noguiera as a witness at trial. On December 2, 2014, the jury acquitted Warnock of all of the charges against him….

Read More

Garrity Violation Does Not Require Dismissal Of Indictment

Anthony Scott was a trooper with the Georgia State Patrol (GSP). Scott was indicted by a grand jury for misdemeanor reckless driving and speeding. The indictment charged that on September 26, 2015, Scott was on duty in his patrol car when he collided with another vehicle; two of the four people in the other car died as a result of their injuries, and the other two sustained serious injuries….

Read More

Q & A

From Iowa Question: Do Garrity rights apply during an internal investigation (administrative investigation) for police officers who are not the subject of the investigation but may merely be witnesses? For instance, I sat in on a series of interviews today, and for the first one, the sergeant stated that he understood Garrity only applied to those who were the subject of the investigation, and not witnesses. I asked if…

Read More

Michigan’s Enhanced Garrity Statute Results In Suppression Of Statement

Craig Ziecina, a trooper with the Michigan State Police (MSP), was a member of the Home Security Team. On December 23 and 24, 2014, the Team executed two search warrants in Leoni Township, Michigan. Shortly afterwards, the MSP began investigating whether the theft of personal property had occurred during the exercise of the warrants. During the investigation related to the theft, Ziecina received the following notice: “This correspondence is…

Read More

Grand Juries And Garrity

Most cases under Garrity v. New Jersey arise in the course of a criminal prosecution, where the question is whether the statements of a public employee are immunized because the statements were compelled as a condition of employment. Occasionally, a court will consider a case – as put recently by a Maryland appeals court – “that sits at the juncture of the broad inquisitorial authority of the grand jury…

Read More

As Long As Immunity Is Promised, Employer Can Demand Answers To Questions

Police Officer Kirk Homoky was under investigation by the Hobart, Indiana Police Department for misconduct. As part of the investigation, he was ordered to submit to a voice stress test. A letter to Homoky from a deputy chief stated that the investigation was an administrative investigation, not a criminal one, and that Homoky was “afforded protection of the Garrity Rule.” Homoky subsequently received and signed his statement of rights,…

Read More

Incident Reports May Not (Or May) Be Protected By Garrity

Michael Smith was a lieutenant at the Ventress Correctional Facility in Alabama. Though built for 650 inmates, Ventress housed over 1,600 prisoners. On August 4, 2010, an inmate by the name of Rocrast Mack got into a physical altercation with Officer Melissa Brown after she found him masturbating in his bunk in what is known as D Dorm. During the fight, Brown and Mack hit each other with their…

Read More

How The Two-Part Test For Garrity Applies To Field Interviews

Courts rarely change their minds in the middle of a case. But so it was in the criminal prosecution of New York City corrections officer Gregory Grabowski, who had been indicted for assault in the third degree, offering a false instrument for filing in the first and second degree, falsifying business records in the first and second degree, official misconduct and related charges. In a decision in 2014, the…

Read More

Q & A

From Illinois Question: I represent (mostly unionized) police officers in Illinois and am dealing with Garrity situations on a daily basis. I represent one small organization of railway police officers who are organized under the National Railway Labor Act (RLA). This set of laws is often quite different from NLRB/IPLRA cases (including no ULP/Weingarten charge available). I ran into a situation yesterday where the Railway was unfamiliar with Garrity…

Read More

Q & A

From Illinois Question: I represent (mostly unionized) police officers in Illinois and am dealing with Garrity situations on a daily basis. I represent one small organization of railway police officers who are organized under the National Railway Labor Act (RLA). This set of laws is often quite different from NLRB/IPLRA cases (including no ULP/Weingarten charge available). I ran into a situation yesterday where the Railway was unfamiliar with Garrity…

Read More

The Interplay Between Garrity And Weingarten

In July 2009, the Internal Affairs Division (IAD) of the Pennsylvania State Police (PSP) was investigating allegations of misbehavior against a PSP member. As part of that investigation, IAD interviewed Corporal Edmund Fret. At the outset of the interview, the IAD representative gave Fret a “reverse-Garrity” warning. In the warning, PSP ordered Fret to answer questions, and advised him that his answers and the fruits of his answers would…

Read More

The Continuing Development Of The Garrity Rule

In recent years, one of the hottest areas of public safety labor law has been the continuing developing of the Garrity rule. As the Garrity rule, first announced by the Supreme Court more than 40 years ago in Garrity v. New Jersey, 385 U.S. 493 (1967), has been interpreted over the years, the Garrity rule has three essential components: 1. The Fifth Amendment’s privilege against compulsory self-incrimination applies when…

Read More

Significant Garrity Decision From Georgia Supreme Court

A Georgia police officer’s indictment for murder has produced an important decision on whether a seemingly voluntary statement can be considered to be “coerced” for purposes of Garrity v. New Jersey, 385 U.S. 493 (1967). At approximately 3:15 a.m. on September 12, 2006, the DeKalb County, Georgia Police Department received a 911 call reporting a stolen motor vehicle from an apartment complex. When officers arrived, they learned that the…

Read More

Ohio Supreme Court Decides Major Garrity Case

A recent decision from the Ohio Supreme Court addresses some important questions under the rule of Garrity v. New Jersey, 385 U.S. 493 (1967). The Garrity rule states that if a public employee is compelled to answer questions as part of a disciplinary interview, neither the employee’s answers nor the “fruits” of the answers can be used to criminally prosecute the employee. The case involved Anthony Jackson, a police…

Read More

Eleven Tons Of Gravel In Ex-Girlfriend’s Driveway Leads To Officer’s Termination

Duane Winchell was a deputy sheriff employed by Riverside County, California. Winchell was involved in a romantic relationship with a woman referred to in the Court’s opinion only as “Ms. Keegan.” Early in 2002, Ms. Keegan wanted to break off the relationship; Winchell disagreed and became upset that Keegan was seeing another man. Winchell went to Keegan’s residence on April 5, 2002, saw a vehicle in her driveway that…

Read More

California Supreme Court Decides Major Garrity Case

The California Supreme Court issued its long-awaited decision in Spielbauer v. County of Santa Clara. The first major interpretation of the rule on Garrity v. New Jersey by the California Supreme Court in many years, Spielbauer reverses a lower court decision that had held that a formal grant of immunity is necessary before a public employee may be compelled to give a statement about job-related conduct that has criminal…

Read More

Michigan Adopts Garrity Rule (And More) By Statute

The rules arising out of Garrity v. New Jersey, 395 U.S. 493 (1967), have largely been a matter of court-made law. Under Garrity, when a public employer orders employees to answer questions, the employee’s statements and the fruits of the statements cannot be used in a subsequent criminal prosecution of the employee. With a law effective January 1, 2007, the Michigan Legislature adopted the Garrity rule by a statute…

Read More

Major Garrity Decision Out Of California Has Far-Reaching Implications For Disciplinary Investigations

Potentially the most important case in 40 years interpreting Garrity v. New Jersey was decided on January 12, 2007, by the California Court of Appeals. If the reasoning of the decision is adopted by other states, it will fundamentally alter the way disciplinary investigations are conducted. Thomas Spielbauer was employed as a public defender by Santa Clara County, California. Spielbauer became the subject of a disciplinary investigation into charges…

Read More

Powered by WishList Member - Membership Software