There were violations, the 5th Amendment privileges and immunities violation, mainly involving the right to avoid self-incrimination.
Gardner v. Broderick, 88 S. Ct. 1913 (1968)
Type of Action: There were violations, the 5th Amendment privileges and immunities violation, mainly involving the right to avoid self-incrimination.
Facts of the Case: Gardner was a police officer at the time and was served a subpoena to testify in front of a grand jury who was investigating claims of corruption. Gardner was asked to sign a waiver of his constitutional rights against self-incrimination. Gardner was also information that if he denied to sign the waiver that he would be terminated. Gardner refused to sign the waiver and was terminated from his job. Gardner then filed a lawsuit in the state court trying to get reinstated as being a police officer. The courts did not rule in Gardner’s favor so Gardner petitioned to the United States Supreme Courts for further review.
Contentions of the Parties: Gardner argued that his Fifth Amendment right was violated because he has the right to not self-incriminate. He refused to sign a waiver which he was told if he did not sign he would be terminated and which he was. However, Gardner’s termination was based solely on the fact he refused to sign the waiver and nothing more. This dismissal cannot stand due to Gardner having the rights not to sign a waiver but still can answer questions that are not directly relating to performance of his duties.
Issue(s): Can a police officer who refuses to waive their constitutional protection may be dismissed from their duties because of the refusal?
Decision: I do not agree that an officer is dismissed for a refusal. It is the Fifth Amendment right to not self-incriminate. Yes an officer can be compelled to testify but they does not terminate his or her rights to the Fifth Amendment rights. The officer was told to either sign the waiver or be terminated and the officer refused to sign so he was terminated.
Reasoning: The court held that requiring any person to sign a waiver of their rights to not self-incriminate is violating their rights and privileges to the constitution. The New York City charter instructing that if Gardner did not sign the waiver the penalty was termination of his career. The privilege of self-incrimination may be waived in certain circumstances if the waiver is voluntary and knowingly made. Gardner was terminated based on the refusal to waive his rights that he is entitled to if he were to testify in court. The court quoted Garrity v. State of New Jersey in their decision. This was based on that police officer that has been obliged to testify by threat that otherwise he would be removed from office. The statements he made could not be used against him in a prosecution case.
Rule of Law: The choices that were made went beyond dispute of breach of privilege to refuse to answer any questions that may lead to self-incrimination and the need to fully implement its security. This privilege is valid for state as well as federal proceedings.
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