Clarifying the Difference Between Miranda and Garrity Warnings

Law enforcement personnel have the same constitutional protections as any citizen during criminal inquiries, but the rules change when the investigation is administrative. In this article, Dr. Robert A. Verry clarifies that Miranda Rights only apply when an officer is the subject of a criminal investigation, potentially facing arrest or prosecution. In strictly departmental or policy-violation cases, officers instead receive Garrity protections, meaning they must answer work-related questions but their responses cannot be used against them in criminal proceedings. The article also explains how agencies must carefully separate criminal and administrative inquiries when both occur simultaneously to avoid compromising a case. This practical guidance helps internal affairs professionals navigate high-stakes investigations while preserving Constitutional rights.