When to Talk & When Not to Talk

The nature of our profession requires us to use force and compel inmates to do things they do not want to do: Get booked in, go to court, etc. Many inmates we deal with are drunk, high, or just plain angry. Not to mention the large percentage that are mentally ill. Often they have agendas, such as manufacturing a tale of abuse to collect money.

Good documentation is your best friend. A well written report right after a use of force incident can go far to dispel a false accusation. While most of our facility is under video and audio surveillance, the recording isn't always your friend. Often the camera angels are poor and obstructed by either things in the facility or other people. The audio isn't always great either. In some places it's so good it can pick up a whisper, but in others it sounds garbled. Concrete and steel can make for poor acoustics. In intake by the BAD cells, only the interior of one cell is visible on camera. So an inmate can sound as if he's being "abused" on audio, when in reality nothing wrong is going on, or the sounds are actually coming from another inmate in another cell.

If you get called into a supervisors office to be questioned, ask if this conversation can lead to discipline. If the answer is yes, you have the right to a steward. This is your Weingarten right. The same goes for Internal Affairs (I.A.). Never go without a steward. The steward can provide moral support, act as a witness, and make sure your rights are protected. In internal affairs you will be asked to sign a Garrity warning. The Garrity warning waives your 5th amendment right to remain silent, but in return anything gleaned from your statement can only be used for internal discipline, not criminally against you. You must talk in internal affairs, and you must be truthful.

Outside investigations: You do not have to talk. I advise you never to talk until you have consulted with a Team Legal attorney. All statements made to an outside investigator can be used against you both criminally and internally. Remember too, a detective can legally lie to coerce you to talk. They can say others have said something they have not, they can pretend "this is no big deal, I'm just tying up loose ends." In short they can lie. Often our attorneys recommend not making a statement at all. The burden is on the investigator. You cannot be ordered to talk to an outside investigator. You cannot be punished or harassed for not talking to one.

Know your rights. Know when to talk and when not to. In my experience, the investigator (I.A. or outside) often has a preconceived idea of what happened, and sometimes the administration wants them to find someone to blame. You always have the right to have a steward present if it's an I.A. or a conversation that could lead to discipline, and you always have the right to an attorney and a steward if it's more then a disciplinary hearing. The attorney will protect your legal rights and the steward will protect your contractual rights. Don't be naive. The union has your best interest in mind, an investigator and the administration may not.