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Garrity Warning

Depending on the circumstances surrounding the allegations of wrongdoing, an agency may need to provide employees with a Garrity Warning prior to questioning them. Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers. This protection stems from the Fifth Amendment to the United States Constitution, which declares that the government cannot compel a person to be a witness against him/herself. The Garrity warning comes from the United States Supreme Court case involving police officers who were under investigation for allegedly fixing traffic tickets. Let’s take a look at this history of the Garrity Warning and its appropriate application by local government employers.