What is a Garrity Warning?

What is a Garrity Warning?

A “Garrity Warning” is an advisement of rights given to state or local police officers who may be the subject of an internal investigation.  For example, often when there is a police action shooting, that officer is subjected to an internal affairs investigation and given a Garrity warning before any statement is made or given.  That warning generally advises the officer or government employee of the criminal or administrative penalties or consequences for not providing a statement, but also explains that the statement may not be used against them in a criminal proceeding.  The warning stems from a decision by the United States Supreme Court in Garrity v. New Jersey, 385 U.S. 493, 500 (1967).  A similar warning, knowing as a Kalkines warning, is often given to federal employees.  See Kalkine v. United States, 473 F.2d 1391, 1392–93 (Ct.Cl.1973).  Both Garrity and Kalkine warnings are similar to Miranda warnings given to suspects in criminal cases.    

Looking for an Indiana criminal defense or civil rights attorney that understands your rights?  Contact the attorneys at Keffer Hirschauer LLP today if you have questions or believe your constitutional or criminal rights have been violated.  We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case.  Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.


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