Chief’s Counsel: Garrity Warnings: To Give or Not to Give, That Is the Question

As I travel the country and work with different police departments, I am troubled by the inconsistency and the lack of knowledge of police management regarding use of Garrity in administrative investigations. I have learned that while investigators and management are aware of the practice of using Garrity warnings, as created by the case Garrity v. New Jersey,1 these warnings are misinterpreted and misapplied throughout the United States.