Police Officer’s Rights
|When you need representation:
First call your Local Union President
In an Emergency call 1-800-750-3035, the Council Office.
After Hours the Answering Service will assist you.
|Director and Staff Attorneys:
You have CONSTITUTIONAL RIGHTS, particularly the right to be free from compulsory Self-incrimination and the right to procedural due process.
Your Union will defend your rights if you request assistance. Always call your union before making a decision to answer questions.
IF INVOLVED IN A DEADLY USE OF FORCE
- Criminal Investigation – Fifth Amendment/Miranda.
- You have the right to remain silent and to an attorney; Do not be afraid to invoke these rights in order to consult with an attorney before speaking with an investigator.
Remember: You may speak with an investigator, but anything you say can be used against you in a criminal proceeding. If you do elect to speak you may stop at any time.
- Internal Investigation – Garrity Rights.
- Must be ordered to answer questions.
- Questions must relate to officer’s duties or fitness for duty.
- Must be advised that failure to answer will be considered insubordination and could lead to discipline up to and including termination.
- Must be provided with some degree of immunity from criminal prosecution.
- Internal Investigation – Weingarten rights.
- You have the right to the presence of a union official whenever you are requested or required to give a statement which could result in your discipline or discharge.
- Unless you request the presence of a union official you will be deemed to have waived that right.
- Prior to, or during your interrogation, you may review any reports or statements you may have made on the subject of your interrogation.
- During the interrogation, you may consult with your Union Representative in the absence of the interrogator.
- You are not required to answer any questions concerning your off duty conduct during the interrogation, unless your off duty conduct involves action regarding your Capacity as a police officer.