State v. Connor

FULLER, Judge Pro Tem.,

dissents.

I dissent as to Part II, and concur with Part III of the majority opinion.

Connor’s undisputed testimony showed: he was under orders by the state police to cooperate in any investigation (T. p. 22, Is. 9-10); he was placed on administrative leave and told he was required to meet with the state’s investigator by the state police district commander (T. p. 7, Is. 7-15); Connor’s understanding was that he would be terminated from his employment if he did not submit to investigations (T. p. 8, Is. 3-8).

The Garrity v. New Jersey rule to exclude incriminating…