Critical incidents include any shooting, injury accident, custody death or serious injury.
- Call TMPA at (800) 848-2088 24/7, ( if the 800 number is not answered you can call the answering service direct at (512) 860-2908) immediately, before talking to anyone, so that a TMPA attorney can be present at the scene.
- Insist on a Garrity Warning before making any written or oral statements. (See below.)
- Do not speak to any criminal investigator from the local prosecutor’s office, FBI, Texas Rangers or other law enforcement agency without your attorney present.
- If you are read your Miranda rights, insist on speaking to an attorney before making a statement.
- Do not speak to anyone from Internal Affairs in the presence of a Criminal Investigator.
- Write a detailed account of the incident for your TMPA attorney.
- Allow your TMPA attorney to review all statements before they are submitted.
- Do not speak to the press!
Sample Garrity Warning
TMPA suggests that you obtain this order before making any written or oral statements. If possible, try to receive this direct order in front of a witness or witnesses.
As a condition of your employment, you are being ordered to answer our questions as part of an official investigation of the department. The questions will be specifically directed and narrowly related to the performance of your official duties.
The information or evidence you provide cannot be used against you in any criminal proceeding. However, your statement may be used against you if a subsequent administrative action is commenced.
If you refuse to answer our questions, you will be subject to disciplinary action which could include job termination. Do you understand?
Constitutional Rights Reservation Statement
TMPA suggests that you include the statement below when making statements or submitting reports concerning citizen complaints or when you are suspected of a violation of the law, rules or regulations. The procedure is lawful and proper. Do not make a statement without an order from your department. Call TMPA for additional assistance.
“My name is (name) and I am employed with the (agency name) as a (title). I am assigned to the (division name) Division and my assigned duty hours are ___ hours until __ hours.
On (day), (date) at (time) at (place) I was ordered to submit this statement by (name), (rank). I submit this statement at his/her order as a condition of employment. In view of possible job forfeiture, I have no alternative but to abide by this order.
It is my belief and understanding that the department requires this statement solely and exclusively for internal purposes and will not release it to any other agency. It is my further belief that this statement will not and cannot be used against me in any subsequent proceeding, including criminal proceedings other than disciplinary proceedings within the confines of the department itself.
For any and all other purposes, I hereby reserve my constitutional right to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution and other rights prescribed by law. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity vs. New Jersey, 385 U.S. 493 (1967), and Spevack vs. Klein, 385 U.S. 511 (1967), should this report (statement) be used for any other purpose of whatsoever kind or description.
Finally, from the information provided me to date, I have fully cooperated and have answered all issues presented to me to the best of my ability and recollection. However, I reserve the right to supplement and/or amend this statement should additional facts be brought to my attention through further investigation, subsequent reflection on the matter, because of an honest defect in perception of the event(s), or the common shortcomings of the human memory.”