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On occasion, an officer who is being investigated
for purported misconduct which is violative of the rules and
regulations of his department is subject to a parallel
departmental investigation into purported criminal misconduct,
arising out of the same incident. Remember to
specifically ask whether you are being investigated just for
violations of departmental rules and regulations. If the answer
you receive is yes, then make sure the statement you give to
your department is pursuant to the Garrity decision. Your
statement should then include specific mention of Garrity if
your department has not already made it a written part of the
record for your interview: If you are told you are being
investigated for criminal wrongdoing, your department must
recite your Miranda rights. Before deciding whether to give a
statement after receiving Miranda, contact us so that we can
counsel you whether to do so.
If you are being investigated by the FBI, MSHP
or other similar agency, always decline to answer questions
until after you have spoken with us.
If you are contacted by the POST Commission
regarding your certification as a law enforcement officer, call
us before agreeing to answer any questions.
Be very careful not to refuse to give a
statement. Make it clear you simply want to consult with your
attorney before making that decision. |
