re: #130 Islamo-Masonic Conspirator

Isn’t it obligatory to file a report?

Police officers are covered by the Garrity ruling…

In 1961, the New Jersey attorney general began investigating allegations that traffic tickets were being “fixed” in the townships of Bellmawr and Barrington. The investigation focused on Bellmawr police chief Edward Garrity and five other employees. When questioned, each was warned that anything they said might be used against them in a criminal proceeding, and that they could refuse to answer questions in order to avoid self-incrimination. However, they were also told that if they refused to answer, they would be terminated. Rather than lose their jobs, they answered the investigators’ questions. Their statements were then used in their prosecutions - over their objections - and they were convicted.

The U.S. Supreme Court then ruled in 1967’s Garrity v. New Jersey that the employees’ statements, made under threat of termination, were compelled by the state in violation of the Fifth and Fourteenth Amendments. The decision asserted that “the option to lose their means of livelihood or pay the penalty of self-incrimination is the antithesis of free choice to speak or to remain silent.” Therefore, because the employees’ statements were compelled, it was unconstitutional to use the statements in a prosecution. Their convictions were overturned.

Before questioning the officer is given a “Garrity Warning” just as a civilian gets a Miranda Warning…

A typical Garrity warning (exact wording varies between State or local investigative agencies) may read as follows:

You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions. However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case. Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.

So the answer is no, it would violate the officers fifth and fourteenth amendment rights to compel him to file a report or make a formal statement about an incident for which he may be prosecuted.