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

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

Powered by WishList Member - Membership Software