Illinois Appellate Court
Criminal Court
Immunity
Fifth Amendment
Three police officers were charge with official misconduct, and two of them were charged with aggravated battery, battery, and mob action for allegedly shocking man with taser and striking him with their feet. Police department requested each officer sign "Garrity Warnings" form for its internal investigation, which expressly reserved their 5th amendment right to remain silent, and which stated that giving report was required condition of employment. Court properly quashed State's subpoena duces tecum as statements were protected against disclosure per Garrity v. New Jersey case; statements were not given freely, but because they were required by their employer, thus statements standing alone were sufficient for application of Garrity immunity.