Garrity Warning
Encyclopedia
The Garrity warning is an advisement of rights usually administered by U.S. federal
agents to federal employees and contractors
in internal investigations. The Garrity warning advises suspects of their criminal and administrative liability
for any statements they may make, but also advises suspects of their right to remain silent on any issues that tend to implicate them in a crime.
It was promulgated by the Supreme Court of the United States
in Garrity v. New Jersey
(1967). In that case, a police officer
was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his Fifth Amendment
right to silence.
A typical Garrity warning (exact wording varies between federal investigative agencies) may read as follows:
The Garrity warning helps to ensure suspects' constitutional rights, while also helping federal agents preserve the evidentiary value of statements provided by suspects in concurrent administrative and criminal investigations.
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
agents to federal employees and contractors
Government contractor
A government contractor is a private company that produces goods or services under contract for the government. Often the terms of the contract specify cost plus – i.e., the contractor gets paid for its costs, plus a specified profit margin. Laws often require governments to award contracts...
in internal investigations. The Garrity warning advises suspects of their criminal and administrative liability
Liability
A liability can mean something that is a hindrance or puts an individual or group at a disadvantage, or something that someone is responsible for, or something that increases the chance of something occurring ....
for any statements they may make, but also advises suspects of their right to remain silent on any issues that tend to implicate them in a crime.
It was promulgated by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in Garrity v. New Jersey
Garrity v. New Jersey
Garrity v. New Jersey, 385 U.S. 493 , was a case in which the Supreme Court of the United States held that law enforcement officers and other public employees have the right to be free from compulsory self-incrimination...
(1967). In that case, a police officer
Police officer
A police officer is a warranted employee of a police force...
was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right to silence.
A typical Garrity warning (exact wording varies between federal investigative agencies) may read as follows:
You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions. However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case. Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.
The Garrity warning helps to ensure suspects' constitutional rights, while also helping federal agents preserve the evidentiary value of statements provided by suspects in concurrent administrative and criminal investigations.