During a Garrity interview, when may an officer invoke the Fifth Amendment?

• A. When compelled to produce information under threat of discipline
• B. At any time
• C. Only after a formal charge
• D. When the officer is not under suspicion

Answer: (A)

In a Garrity interview, the questions are posed under the threat of disciplinary action, so the moment the officer is being compelled to provide information is the moment the Fifth Amendment can be invoked. The privilege protects against self-incrimination, which is why an officer may assert it when faced with being forced to answer under the threat of discipline. It’s important to note that, under Garrity, the statements compelled in this way are immunized from use in criminal prosecutions, even though they may be used for internal disciplinary purposes. The other scenarios don’t fit because the situation centers on the pressure to answer under threat of discipline, not a blanket right to refuse at any time, not only after formal charges, and not dependent on whether the officer is under suspicion.