California Private Investigator Practice Exam

In Garrity rights, what must an employee do if compelled to speak by their employer?

1. Sign a waiver

2. Let their attorney present

3. Answer questions without invoking Miranda rights

4. Refuse to answer any questions

The correct answer is: Answer questions without invoking Miranda rights

Garrity rights arise from the legal principle established in the Garrity v. New Jersey case, which protects public employees from being compelled to incriminate themselves under threat of job loss. When an employee is compelled to speak by their employer in an administrative inquiry, they are required to answer questions without invoking their Miranda rights. This is because the context of Garrity applies to non-criminal investigations where the employer is permitted to ask questions that relate to the employee's job performance and conduct. In this setting, the employee must cooperate and provide answers, as failing to do so could lead to disciplinary action, including termination. This protection ensures that statements made under compulsion cannot be used against the employee in a criminal case later, emphasizing the necessity for employees to engage fully in the inquiry when it relates to their employment. This is different from a situation where Miranda rights are invoked during a criminal investigation, where an individual has the right to refuse to answer questions. Understanding Garrity rights is crucial for both public employees and employers conducting internal investigations to ensure due process is maintained.