Member's Rights

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.

YOUR RIGHTS IF INVOLVED IN...

1. 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.

2. 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.

3. 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.

READ IF DENIED YOUR RIGHT TO A REPRESENTATIVE:

First: Ask that the "order" be taped and then read this statement on tape:

"I have been refused the right to have counsel and/or the representative of my choice. I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination.

Therefore I have no alternative but to abide by the order. However by doing so, I do not waive my consititutional rights to remain silent under the Fifth and Fourteenth amendments to the Constitution and any other protections afforded under law.

Even though I am submitting to make coerced and involuntary statements or reports, I am not waiving any rights whatsoever afforded to me."