Chapter 3 – Personnel, Training, and Employee Relations

31140.34 Criminal Investigations – Witness Assertion of Fifth Amendment Privilege Against Self‑Incrimination

• A witness in a criminal investigation has the right to assert his/her Fifth Amendment privilege against self-incrimination when: (1) He/she has reasonable grounds to believe that his/her testimony may be used against him/her in the criminal matter under investigation or in a future criminal proceeding; or (2) That his/her testimony might uncover other evidence against him/her in a criminal matter.

• Witnesses cannot assert the Fifth Amendment privilege against self-incrimination solely to protect others from possible criminal prosecution or solely to avoid providing information to investigators.