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General FAQ
Dec 12, 2022

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It is a constitutional right that protects you, a public employee, when you are forced (coerced) to answer questions or face losing your job when your answers could potentially lead to criminal prosecution.

Yes, if it is for internal administrative/discipline purposes. No, in a criminal proceeding. If you give a voluntary written or verbal statement without a Garrity warning or threat of discharge, then your Garrity rights do not attach to your statement.

There must be an order to make the statement that includes the threat of discharge if the order is refused. If you give a voluntary written or verbal statement without a Garrity warning or threat of discharge, then your Garrity rights do not attach to your statement.

Yes, refusal can be the basis for discipline.

Miranda is given when you are a focus of a criminal investigation. You must be advised that you have a right to remain silent. Statements given pursuant to Miranda will be used in a subsequent case. If you are given Miranda rights, do not answer questions unless you are specifically advised to do so by your attorney.

During Garrity interviews, generally it is customary in many departments, but you must request the presence of an attorney. You do not have the right to an attorney in the so- called Weingarten interview, but you have the right to a union representative, but you must ask for representation.

Perhaps. A court can order disclosure. Currently, a statement can be obtained by a prosecutor under their “investigative subpoena” power. Regardless, the statement cannot be used, like a Miranda statement, against you as evidence in a criminal case. It may, however, be used for impeachment purposes. Garrity statements may also be disclosed during a civil lawsuit.

You have a right to union representation during an investigatory interview by the administration that you reasonably believe might result in discipline. The belief must be reasonable under the circumstances.

Upon notice to report for an interview, ask the employer if the answers to the questions could result in discipline, and if so, ask that you have a union representative present. There is no right to an attorney, but you have a right to consult with a union representative prior to answering questions. You have a right to have a union representative present during the interview.

No, the Polygraph Protection Act provides that an employer cannot request or require an employee or job applicant to take a polygraph test. However, in a criminal investigation, your department may request one but cannot force you to take the test. The refusal, according to the Act, can be made known to the prosecuting attorney.

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Police Officers Labor Council
667 E Big Beaver Rd Suite 205
Troy, MI 48083

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