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In United States law, the Garrity warning is a notification of rights usually administered by federal, state, or local investigators to their employees who may be the subject of an internal investigation. The Garrity warning advises subjects of their criminal and administrative liability for any statements they may make, but also advises subjects of their right to remain silent on any issues that tend to implicate them in a crime. (See Kalkines warning concerning federal employees.)

It was devised in response to the Supreme Court of the United States ruling in Garrity v. New Jersey (1967). In that case, a police officer was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his Fifth Amendment right to silence.

A typical Garrity warning (exact wording varies between state and/or local investigative agencies) may read as follows:

You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions. However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case. Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.

The Garrity warning helps to ensure the subject's constitutional rights, while also helping state or local investigators preserve the evidentiary value of statements provided by subjects in concurrent administrative and criminal investigations.

References

Federal Law Enforcement Training Center Reference Book. U.S. Department of Homeland Security, 2008.
Deputy Attorney General Fisher Memorandum on Garrity and Kalkines Warnings. U.S. Department of Justice, 2006.
Deputy Attorney General Wray Memorandum on Office of Inspector General Investigations. U.S. Department of Justice, 2005.

This article relating to law in the United States or its constituent jurisdictions is a stub. You can help Wikipedia by expanding it.

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+{{Short description|Type of advisement of rights in the US}}
-The '''''Garrity'' warning''' is an advisement of rights usually administered by [[US federal government|US federal]] agents to federal [[employee]]s and [[contractor]]s in internal investigations. The ''Garrity'' warning advises suspects of their criminal and administrative liability for any statements they may make, but also advises suspects of their [[right to remain silent]] on any issues that tend to implicate them in a crime.  It was promulgated by the [[US Supreme Court]] in ''[[Garrity v. New Jersey]]'' (1967). In that case, a [[police officer]] was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his [[Fifth Amendment to the United States Constitution|Fifth Amendment]] right to silence.
+{{DISPLAYTITLE:''Garrity'' warning}}
+{{No footnotes|date=November 2009}}
+In [[Law of the United States|United States law]], the '''''Garrity'' warning''' is a notification of rights usually administered by federal, state, or local investigators to their employees who may be the subject of an internal investigation. The ''Garrity'' warning advises subjects of their criminal and administrative [[Legal liability|liability]] for any statements they may make, but also advises subjects of their [[right to remain silent]] on any issues that tend to implicate them in a crime. (See [[Kalkines warning|''Kalkines'' warning]] concerning federal employees.)
-A typical ''Garrity'' warning (exact wording varies between federal investigative agencies) may read as follows:
-<blockquote>
-You are being asked to provide information as part of an internal and/or administrative investigation.  This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime.  No disciplinary action will be taken against you solely for refusing to answer questions.  However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case.  Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.
-</blockquote>
+It was devised in response to the [[Supreme Court of the United States]] ruling in ''[[Garrity v. New Jersey]]'' (1967). In that case, a [[police officer]] was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his [[Fifth Amendment to the United States Constitution|Fifth Amendment]] right to silence.
-The ''Garrity'' warning helps to ensure suspects' constitutional rights, while also helping federal agents preserve the evidentiary value of statements provided by suspects in concurrent administrative and criminal investigations.
+A typical ''Garrity'' warning (exact wording varies between state and/or local investigative agencies) may read as follows:
+<blockquote>You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions.  However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case.  Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.</blockquote>
+The ''Garrity'' warning helps to ensure the subject's [[Constitutional right|constitutional rights]], while also helping state or local investigators preserve the evidentiary value of statements provided by subjects in concurrent administrative and criminal investigations.
 ==See also==
+* [[Kalkines warning|''Kalkines'' warning]]
-* [[Miranda Warning]]
+<!-- Redlink: * [[Lybarger warning]]—applicable to law-enforcement employees in California https://law.justia.com/cases/california/supreme-court/3d/40/822.html / http://www.garrityrights.org/blog/lybarger-v-city-of-los-angeles / https://hr.ucdavis.edu/employees/lybarger-warning -->
-* [[Kalkines Warning]]
+* [[Miranda warning|''Miranda'' warning]]
 == References ==
-{{No footnotes|date=November 2009}}
 * ''Federal Law Enforcement Training Center Reference Book''.  U.S. Department of Homeland Security, 2008.
 * ''Deputy Attorney General Fisher Memorandum on Garrity and Kalkines Warnings''.  U.S. Department of Justice, 2006.
 * ''Deputy Attorney General Wray Memorandum on Office of Inspector General Investigations''.  U.S. Department of Justice, 2005.
-[[Category:Rights of the suspect]]
-[[Category:Criminal procedure]]
 [[Category:Law enforcement in the United States]]
+[[Category:United States Fifth Amendment self-incrimination case law|*]]