Garrity vs. New Jersey (1967)
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Garrity is always classified as a compelled statement.
Applicable to investigation of criminal allegations.
Constitutional rights are for all citizens.
Government interest/public trust - Employee Rights.
Balance of competing interest between government and public interest.
Applicable to all "public employees"
Limited Use immunity (Specific/Narrow to the allegations) Government
, cannot directly use the statements you make to the
government/department against you if they decide to prosecute you.
Indicators of Racial Based Profiling
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Minorities are disproportionately stopped and are more often:
-Asked to exit the vehicle.
-Asked questions not related to the stop.
-Drug dog requested.
Asked for consent to search.
-Detained longer.
Exonerated
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Conduct took place but was in policy
Open Records
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Are subject to the acts disclosure requirements 10 days after the
investigation record is submitted to the agency for action of the
investigation is otherwise concluded or terminated.
Give this one a try later!
Garrity is always classified as a compelled statement.
Applicable to investigation of criminal allegations.
Constitutional rights are for all citizens.
Government interest/public trust - Employee Rights.
Balance of competing interest between government and public interest.
Applicable to all "public employees"
Limited Use immunity (Specific/Narrow to the allegations) Government
, cannot directly use the statements you make to the
government/department against you if they decide to prosecute you.
Indicators of Racial Based Profiling
Give this one a try later!
Minorities are disproportionately stopped and are more often:
-Asked to exit the vehicle.
-Asked questions not related to the stop.
-Drug dog requested.
Asked for consent to search.
-Detained longer.
Exonerated
Give this one a try later!
Conduct took place but was in policy
Open Records
Give this one a try later!
Are subject to the acts disclosure requirements 10 days after the
investigation record is submitted to the agency for action of the
investigation is otherwise concluded or terminated.
