Weingarten Rights
If you believe that an interview could lead to discipline, you must request union representation, even if you are told that you cannot have representation. Once requested, the investigators must either grant your request, postpone the meeting to allow you to obtain union representation, end the interview, or explain that it has been determined that the exercise of the right to representation unduly interferes with legitimate employer prerogatives.
Garrity Rights
You cannot be compelled, by the threat of discipline, to make a statement that may be used in criminal proceedings, and you cannot be terminated for refusing to waive your Fifth Amendment right to remain silent. You may be provided a Garrity notice, which means you are required by the employer to answer questions, and discipline may be issued on the underlying basis of the investigation, but your compelled statement cannot be used in a criminal prosecution.
Miranda Rights
If you are given a Miranda Warning or asked to sign an acknowledgement of it, immediately ask for an attorney and do not continue the meeting or answer any questions without an attorney present. Do not answer questions until you have an attorney sitting with you. This is the safest course of action for you, your family, and your fellow Officers. No one can legally force you to talk after you have been read the Miranda Warning.
Officer Involved Shooting or Other Serious Use of Force
- Immediately contact your ACOA Representative.
- Assert your rights to an attorney and to remain silent. Do not answer questions without your attorney present.
- Do not voluntarily answer questions, write a report, or respond to public safety statement questions unless you are ordered to do so under the threat of discipline and discharge. If ordered, your statements and the fruits of your statements cannot be used to criminally prosecute you. (Garrity)
- If you are ordered to answer questions, write a report, or respond to a public safety statement under the threat of discipline and discharge, immediately request the presence of your ACOA representative before responding. (Weingarten )
- If you need to talk to a doctor, psychologist, or minister, do so. Such discussions are privileged.
- Do not voluntarily submit to a drug/alcohol test, blood draw, or lie-detector test. Seek legal advice if asked to perform any of those tests.