OFFICER RIGHTS

Garrity v. New Jersey,              385 U.S. 493 (1967)

All correction officers should be familiar with Garrity and its protections. If you are involved in an incident, your employer can compel you to make a statement as a condition of employment. However, since this is a violation of the 5th amendment, the statement can not be used against you in criminal proceedings.

If a law enforcement officer is granted immunity but nonetheless refuses to answer questions specifically, directly and narrowly related to official duties, the officer may be dismissed (Gardnerdicta); and

 

· If a law enforcement officer is granted immunity and answers questions specifically, directly and narrowly related to official duties, the officer may be dismissed if the answers provide cause for dismissal (implicit in Garrity).

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=385&page=493

 

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Weingarten Decision

NLRB v. Weingarten, Inc., 420 U.S. 251 (1975) 420 U.S. 251) gives unionized police employees the right to union representation during an investigatory hearing/interview. Union members have the right to a representative if they reasonably believe the hearing/interview could lead to disciplinary action.

 

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Lie Detector Tests

AN EMPLOYEE IS NOT OBLIGED TO SUBMIT TO A LIE DETECTOR TEST AT THE REQUEST OR DEMAND OF HIS EMPLOYER.            

N.J.S.A.  2A:170-90.1 provides as follows: “Any person who as an employer shall influence, request or require an employee to take or submit to a lie detector test as a condition of employment or continued employment, is a disorderly person.”