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Gardner v. Broderick, 392 U.S. 273 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gardner v. Broderick, 392 U.S. 273 (1968)
Gardner v. Broderick No. 635 Argued April 30, 1968 Decided June 10, 1968 392 U.S. 273
APPEAL FROM THE COURT OF APPEALS OF NEW YORK
Syllabus
Appellant, a police officer, was subpoenaed by and appeared before a grand jury which was investigating alleged bribery and corruption of police officers, and was advised that the grand jury proposed to examine him concerning the performance of his official duties. He was advised of his privilege against self-incrimination, but was asked to sign a "waiver of immunity" after being told that he would be fired if he did not sign. He refused to do so, was given an administrative hearing, and was discharged solely for his refusal, pursuant to § 1123 of the New York City Charter. The New York Supreme Court dismissed his petition for reinstatement, and the New York Court of Appeals affirmed, holding that Garrity v. New Jersey, 385 U.S. 493, was not controlling, and distinguishing Spevack v. Klein, 385 U.S. 511 (both decided after appellant’s discharge).
Held: If appellant, a policeman, had refused to answer questions directly relating to the performance of his official duties, without being required to waive his immunity with respect to the use of his answers or the fruits thereof in a criminal prosecution of himself, Garrity, supra, the privilege against self-incrimination would not have been a bar to his dismissal. However, his dismissal solely for his refusal to waive the immunity to which he is entitled if he is required to testify despite his constitutional privilege, and the New York City Charter provision pursuant to which he was dismissed, cannot stand. Pp. 276-279.
20 N.Y.2d 227, 229 N.E.2d 184, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Gardner v. Broderick, 392 U.S. 273 (1968) in 392 U.S. 273 392 U.S. 274. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=152FP6WNHDS6B2X.
MLA: U.S. Supreme Court. "Syllabus." Gardner v. Broderick, 392 U.S. 273 (1968), in 392 U.S. 273, page 392 U.S. 274. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=152FP6WNHDS6B2X.
Harvard: U.S. Supreme Court, 'Syllabus' in Gardner v. Broderick, 392 U.S. 273 (1968). cited in 1968, 392 U.S. 273, pp.392 U.S. 274. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=152FP6WNHDS6B2X.
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