In questions pursuant to a criminal investigation, you have the constitutional rights afforded all citizens, including a right to counsel and right to avoid self-incrimination.
In questions in an administrative proceeding to determine whether your actions adhered to departmental directives and policy, you may be compelled answer questions or face sanctions but your compelled statements can’t be used against you in a criminal proceeding.
Questions posed for civil litigation must typically be answered.
* March 2017, by Stephen Thayer on behalf of the Law Enforcement Legal Defense Fund. This document is provided as a summary overview. Contact your attorney for detailed guidance. Also, refer to related documents on our website, www.policedefense.org