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Topic summary

Posted by DippityShurff
 - Mar 19, 2006, 01:00 PM
Another misunderstood area of questioning, even among LE types is the "garrity" inquiry.  A law enforcement officer, pursuant to an internal investigation, may be compelled to answer questions in the absence of Miranda.  You may also be forced to submit to a polygraph examination.  Failure to comply with these orders to answer or submit is deemed failure to obey an order and you will be terminated.  But should a law enforcement officer be Mirandized in an investigation, He retains all the same rights as any other citizen and cannot be compelled to make any statements against his own interest, or any statements whatsoever.
Posted by Sergeant1107
 - Mar 18, 2006, 10:29 PM
Quote from: bobbyg on Mar 18, 2006, 05:28 PMThey called the questioning a Administrative Inquirary,the Det. taped all our conversations, no rights were read to me and when asked to see the tape of what I was charged,he said he didn't have a problem with that just let him ask someone first,and maybe I could help explain the situation,
Once again I suggest that if you are the subject of a criminal investigation you should hire an attorney who is skilled in criminal law.

A polygraph exam or a CVSA test is often nothing more than an interrogation without your attorney present.  You cannot be compelled by the police to do either in any criminal matter.

Regarding the issue of having your rights read to you, I have found this is one of the most misunderstood items in the entire criminal investigation procedure.

Unless there is both custody and interrogation, the police do not have to read you your rights.  "Interrogation" is usually defined as questioning which is reasonably likely to elicit an incriminating response.  "Custody" is usually determined by the standard of: "If a reasonable person in the same situation would have felt that they weren't free to leave."
Posted by Twoblock
 - Mar 18, 2006, 01:20 PM
bobbyg

I agree with Sergeant1107.

You CANNOT be required to take a CVSA or polygraph in a criminal case. They need to be forced to produce hard evidense. Refuse to take it.

You can sue them if you are found innocent.
Posted by Sergeant1107
 - Mar 18, 2006, 09:51 AM
Quote from: bobbyg on Mar 18, 2006, 07:12 AMI am a officer in NY and I'm bein questioned about a theft,
I was seen on security cameras removing clothing off racks and going out of camera site,towards the rear of the store, upon returning to camera view the items are not in my posession,A Det. said They said they can't find them and they aint in their inventory7/10 days later a det. has been drilling me with questions about articles of clothing I have, would I let them check my closet, questioning my friends, some that were present at the time and said they saw me take nothing,I know the det. don't beleive me by his actions and he keeps up distorting thing to make me look bad, now they asked me to take a Voice S.T., I said yes,but I really hate to,I don't beleive in it,if I fail it it would look bad,if I said no they would probably dismiss me anyway(I really don't care I hate the job)but by saying no does it make me look guiltyer? I just think their getting more evidence for the business to prosucute?? The Det. first said to me all they wanted was their merchandise back and they didn't want to press charges, if I was charged and found guilty I guess I would have to pay,but if found innocent could I sue them back? what is your info ?????????????
If you are the suspect in a criminal case it would be a good idea to find yourself competent legal counsel.

Posted by polyrized
 - Mar 18, 2006, 07:27 AM
I find posts such as this one rather troubling.  While I believe the use of the polygraph is problematic for a number of reasons, especially for hiring and screening in law enforcement and intelligence, I'm not sure if we are serving any purpose is helping people who have broken the law avoid the consequences.

Then again, I know that pro-polygraph folks post these kinds of things to undermine the forum.

What to suggest?  bobbyg never tells us if he is guilty of the crime or not.  His guilt or innocence is a factor in the advice I would ultimately offer.