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Garrity Protection Statement

Instructions:

As a condition of employment, you are required to abide by the rules and regulations of the Greenville County Detention Center. If you must answer questions, give statements and submit reports at the order of an investigating officer, or become subject to disciplinary action for refusal to obey.

It is suggested that you include the procedure outlines below when making statements or submitting reports concerning complaints from citizens, or when you are suspected of a violation of the law or the rules and regulations. By doing so, you will ensure that your statements and reports cannot be used as evidence against you in any proceedings before any agency bound by the rules of evidence.

The procedure suggested is lawful and proper. Each individual officer must decide for himself if he is going to use it. Our advice is that we all use the procedure all the time. This way there will be no special stigma attached to its use.

Remember that it is better to be safe than sorry, and its better to have it and not need it that to need it and not have it. In this country, under our system of government, NO MAN/WOMEN SHOULD BE ASHAMED, NOR SHOULD HE BE AFRAID, TO DEMAND AND PROTECT HIS CONSTITUTIONAL RIGHTS. See your union representative should you need assistance.

The following should be written word for word at the end of your statement or report:

On (day), (date), (time), at (place), I was ordered to [submit this report] [give this statement] by (name and rank). I [submit this report] [give this statement] at [his] [her] order as a condition of employment. In view of possible job forfeiture, I have no alternative but to abide by this order.

It is my belief and understanding that the department requires this [report] [statement] solely and exclusively for internal purposes and it will not and cannot be used against me in any subsequent proceedings. I authorize release of this [report] [statement] to my attorney or designated union representative.

I retain the right to amend or change this [report] [statement] upon reflection to correct any unintended mistakes without subjecting myself to a charge of untruthfulness.

For any and all purposes, I hereby reserve my constitutional right to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution and any other rights prescribed by law. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity v. New Jersey, 385 U.S. 493 (1967), and Spevack v. Klein, 385 U.S. 551 (1956), should this [report] [statement] be used for any other purposes of whatsoever kind or description.

_____________________________________
Signed on (day), (date), (time), at (place)
 

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