It is not unusual, during an internal affairs investigation, for an officer (or the officer’s attorney), when asked a question to which the answer might be incriminating, to inquire, “What is the penalty if I refuse to answer?” Before replying to this query, a chief may want to consult the local district attorney’s office (so as not to impede a criminal prosecution) as well as the department’s legal advisor (where union issues or civil liability implications are involved). Courts routinely hold that a government employer may not compel an employee to appear and testify and may not induce him or her to forgo the Fifth Amendment privilege by threatening to impose economic or other sanctions that are “capable of forcing the self-incrimination which the Amendment forbids.”
Chief’s Counsel: What Potential Sanctions Trigger Garrity Protection?
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Police officers are intimately familiar with the Fourth Amendment to the United States Constitution.1 The terms contained in that amendment—and how judges interpret those terms—dictate how officer...
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Failure to understand the distinction between so-called immigration warrants issued by an immigration judge or traditional arrest or search warrants issued by a federal court judge can lead to liabili...
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For today’s police officers, the first sign of a serious threat increasingly appears not on a street corner or in a call for service, but on a screen. Posts, comments, livestreams, group chats, and ...
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The practice of placing officers "on call" raises questions concerning a municipality’s obligation to pay officers, as well as the ability to restrict such officers’ activities while on an "on-cal...
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In 2011, this author wrote an article for the Chief’s Counsel section of Police Chief magazine titled “Critical Incident Review Board: Creation and Refinement.” The purpose of the article was ...
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Immigration enforcement in the United States is generally a civil matter, handled exclusively by federal agents working for U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Patrol....
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Imagine this: a qualified applicant submits a résumé for a position in a department. Before anyone on the team lays eyes on it, an artificial intelligence (AI) system screens them out. No interview....
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Words matter. The terms used to describe police work—law enforcement, public safety, guardian, protector, or warrior—do more than signal a philosophy. They define the profession’s purpose, s...
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On May 15, 2025, the U.S. Supreme Court issued a landmark decision in Barnes v. Felix, fundamentally altering the legal evaluation of excessive force claims under the Fourth Amendment. The ruling reje...
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In 2025, “pig butchering” does not necessarily result in pork chops and bacon. The term now describes a sophisticated cybercrime that combines long-term psychological manipulation with fraudulent ...

