Garrity question
1 - 8 of 8 Posts
Joined
·
14,465 Posts
I am.
I would think it applies to any type of LE situation. Contractually, we get a 48 hour notice prior to our interview. Garrity attaches, since our job is on the line if we refuse to give a statement; so, they can make us give one, but can't use it in criminal proceedings.
Hope this helps.
I would think it applies to any type of LE situation. Contractually, we get a 48 hour notice prior to our interview. Garrity attaches, since our job is on the line if we refuse to give a statement; so, they can make us give one, but can't use it in criminal proceedings.
Hope this helps.
Thanks. There is no notice given to us CO regarding IA. You simply are called and report in. I'm going to attempt to have this changed, because by policy I can have a representative present, however we will need time to make that arrangement.
Sworn officers in Maryland are protected by the law officers bill of rights, we have no such protection. IA has a lot more they can do to us COs then sworn officers, because there is less red tape involved. Also the disciplinary process protection is not there.
Our association has no where near the clout of the FOP, but we do have a lawyer on retainer. I have never seen our association send a lawyer with an officer when they go to IA. It does happen for the sworn officers.
Long story shot, I got a complaint from an inmate which is 100% BS (happens to everyone sometime or another it seems) and I just want to make sure I get every procection I can get. From the department's standpoint, it needs to be investigated, and I totally agree with that. I would investigate this allegation fully if I were in there shoes as it is quite serious. But I know, and everyone here that knows me knows this is total BS.
I wish I could vent further, but I can't. wprebeck I'll send you a PM when I get home and explain, but its not something I wish to air on on the forum publicly.
Sworn officers in Maryland are protected by the law officers bill of rights, we have no such protection. IA has a lot more they can do to us COs then sworn officers, because there is less red tape involved. Also the disciplinary process protection is not there.
Our association has no where near the clout of the FOP, but we do have a lawyer on retainer. I have never seen our association send a lawyer with an officer when they go to IA. It does happen for the sworn officers.
Long story shot, I got a complaint from an inmate which is 100% BS (happens to everyone sometime or another it seems) and I just want to make sure I get every procection I can get. From the department's standpoint, it needs to be investigated, and I totally agree with that. I would investigate this allegation fully if I were in there shoes as it is quite serious. But I know, and everyone here that knows me knows this is total BS.
I wish I could vent further, but I can't. wprebeck I'll send you a PM when I get home and explain, but its not something I wish to air on on the forum publicly.
I of course won't ask for particulars. I will mention that there is a lot of information on what you are asking in: http://www.prisonofficer.orgJohnnyReb;13220704 said:
We have a lot of AFGE union reps who might be willing to point to some things that are useful. Use all of the local resources you can on this. You will probably come out OK. I have had these things happen several times.
Joined
·
30,637 Posts
Absent Garrity you cannot be compelled to give a statement. The purpose of Garrity is to get around fifth amendment protections, remember you are employed by the Govt. and the Govt has to observe your fifth amendment rights, And the only way the Govt can do this and compel you to give a statement is to give you Garrity stating nothing you say can be used against you in criminal proceedings.
1 - 8 of 8 Posts
Join the discussion
