garrity new jersey argued november decided january appellants police officers certain new jersey boroughs questioned course state investigation concerning alleged traffic ticket fixing officer first warned anything said might used state criminal proceeding refuse answer disclosure tend incriminate refused answer subject removal office officers answers questions used objections subsequent prosecutions resulted convictions state appeal upheld convictions despite claim statements officers coerced reason fact refused answer new jersey statute lose positions statute provides public employee shall removed office refuses testify answer material question commission body right inquire matters relating office employment ground answer may incriminate ground real issue case voluntariness statements state declined pass upon constitutionality statute though statute considered relevant bearing voluntary character statements used convict officers officers appealed question jurisdiction postponed hearing merits held statute tangentially involved satisfy requirements bearing whether valid choice discharged refusal answer rendered statements products coercion appeal dismissed papers treated petition certiorari certiorari granted pp threat removal public office statute induce petitioners forgo privilege secured fourteenth amendment rendered resulting statements involuntary therefore inadmissible state criminal proceedings pp choice given petitioners either forfeit jobs incriminate constituted coercion pp whether waiver federal question choice rock whirlpool frost trucking railroad decision waive one made duress daniel argued cause appellants brief eugene gressman alan handler first assistant attorney general new jersey argued cause appellee brief arthur sills attorney general norman heine justice douglas delivered opinion appellants police officers certain new jersey boroughs new jersey ordered alleged irregularities handling cases municipal courts boroughs investigated attorney general invested broad powers inquiry investigation directed make report matters investigated concerned alleged fixing traffic tickets questioned appellant warned anything said might used state criminal proceeding privilege refuse answer disclosure tend incriminate refused answer subject removal office appellants answered questions immunity granted immunity statute applicable circumstances objections answers given used subsequent prosecutions conspiracy obstruct administration traffic laws appellants convicted convictions sustained protests statements coerced reason fact refused answer lose positions police department see postponed question jurisdiction hearing merits statute whose validity sought drawn question forfeiture statute new jersey refused reach question deeming voluntariness statements issue presented statute therefore tangentially involved satisfy bearing whether valid fear discharged refusal answer one hand fear choice rock whirlpool made statements products coercion violation fourteenth amendment therefore dismiss appeal treat papers petition certiorari grant petition proceed merits agree new jersey statute relevant bearing voluntary character statements used convict petitioners criminal prosecutions choice imposed petitioners one job forfeiture coercion vitiates confession chambers florida related cases mental well physical blood accused hallmark unconstitutional inquisition blackburn alabama subtle pressures leyra denno haynes washington may telling coarse vulgar ones question whether accused deprived free choice admit deny refuse answer lisenba california adhere boyd civil forfeiture action property statute offered owner election producing document forfeiture goods issue proceeding held form compulsion violation fifth amendment fourth amendment principle adhere apply spevack klein post choice given petitioners either forfeit jobs incriminate option lose means livelihood pay penalty antithesis free choice speak remain silent practice like interrogation practices reviewed miranda arizona likely exert pressure upon individual disable making free rational choice think statements infected coercion inherent scheme questioning sustained voluntary prior decisions said waiver however federal question us decide union pac pub service stevens marks union pac pub service supra speaking certificate exacted protest violation commerce clause said otherwise conduct duress involves choice always possible state impose unconstitutional burden threat penalties worse case failure accept declare acceptance voluntary always interest party duress choose lesser two evils fact choice made according interest exclude duress characteristic duress properly called ibid justice holmes mcauliffe new bedford mass stated dictum new jersey heavily relies petitioner may constitutional right talk politics constitutional right policeman employments hire servant agree suspend constitutional right free speech well idleness implied terms contract servant complain takes employment terms offered principle city may impose reasonable condition upon holding offices within control held slochower board education public school teacher discharged merely invoked fifth amendment privilege questioned congressional committee privilege reduced hollow mockery exercise taken equivalent either confession guilt conclusive presumption perjury privilege serves protect innocent otherwise might ensnared ambiguous circumstances rights constitutional stature whose exercise state may condition exaction price engaging interstate commerce one western union tel kansas resort federal courts diversity citizenship cases another terral burke constr assertion first amendment right still another lovell city griffin murdock pennsylvania thomas collins lamont postmaster general imposition burden exercise amendment right also banned harman forssenius hold protection individual fourteenth amendment coerced statements prohibits use subsequent criminal proceedings statements obtained threat removal office extends whether policemen members body politic reversed footnotes trial excused jury conducted hearing determine whether inter alia statements voluntary state offered witnesses testified manner statements taken appellants testify hearing held statements voluntary supra stevens marks quoting frost trucking railroad cf lamm amendment equivalent jewish law decalogue jour pointed outset halakhah distinguish voluntary forced confessions reasons discussed later one basic differences constitutional talmudic law arises according constitution man compelled testify provision privilege citizen may may avail wishes halakhah however permit testimony inadmissible even voluntarily offered confession religious context financial cases completely free traces criminality simply instrument law issue compulsion whole idea legal confession halakhah obviously concerned protecting confessant aberrations manifest either completely fabricated confessions exaggerations real facts certainly even criminal confessions directly attributable whole part death instinct halakhah sufficiently concerned minority instances case disqualify criminal confessions discard confession legal instrument function ensure total victory life instinct omnipresent antagonist conclusions drawn maimonides interpretation halakhah equivalent fifth amendment summary therefore constitutional ruling concerns forced confessions restricted character result historical evolution civilized protest use torture extorting confessions halakhie ruling however much broader discards confessions toto psychological insight concern saving man destructive inclinations mr majority opinion plurality opinion spevack klein post stem fundamental misconceptions logic necessities constitutional privilege fear opinions seriously quite needlessly hinder protection important public values must dissent spevack majority employs curious mixture doctrines invalidate convictions confess difficulty perceiving intended relationships among various segments opinion gather majority believes possibility policemen might discharged refused provide information pertinent public responsibilities impermissible condition imposed new jersey upon petitioners privilege premise majority draws conclusion statements obtained petitioners warning discharge possible inadmissible evidently recognizing weakness conclusion majority attempts bring support illustrations lengthy series cases light relevant circumstances adjudged voluntariness fact statements obtained accused persons majority apparently engaged delicate task riding two unruly horses presumably arguing simultaneously statements involuntary matter fact fashion statements chambers florida haynes washington thought involuntary statements inadmissible matter law premise products impermissible condition imposed constitutional privilege different contentions require separate replies opinion contentions plainly mistaken reasons follow turn first suggestion statements involuntary fact assessment voluntariness various statements issue requires comprehensive examination pertinent circumstances majority undertaken petitioners material times policemen boroughs bellmawr barrington new jersey garrity bellmawr chief police virtue one police officers holroyd elwell murray police officers barrington another defendant naglee clerk bellmawr municipal since died june new jersey sua sponte directed state attorney general investigate reports traffic ticket fixing bellmawr barrington subsequent investigations produced evidence petitioners separate conspiracies falsified municipal records altered traffic tickets diverted moneys produced bail fines unauthorized purposes course investigations state obtained two sworn statements petitioners portions statements admitted trial petitioners convicted two separate trials conspiracy obstruct proper administration state motor traffic laws cases consolidated purposes review new jersey affirmed convictions first statements taken petitioners state deputy attorney general august november usual indicia duress wholly absent state noted physical coercion overbearing tactics psychological persuasion lengthy incommunicado detention efforts humiliate ridicule defendants state found evidence petitioners reluctant offer statements concluded interrogations conducted high degree civility restraint ibid conclusions fully substantiated record statements bellmawr petitioners taken room local firehouse chief garrity made arrangements none petitioners custody depositions taken apparently continued pursue ordinary duties public official community statements recorded stenographer testified witnessed indications unwillingness even significant hesitation part petitioners bellmawr petitioners counsel present deputy attorney general testified without contradiction garrity informed strolled garrity office firehouse arranged counsel thought none required stage interrogations excessively lengthy reasonable efforts made assure physical comfort witnesses naglee clerk bellmawr municipal known suffer heart ailment assured questioning cease felt discomfort circumstances depositions barrington petitioners taken less certain new jersey found informal agreement barrington trial defendants argue simply possibility dismissal made statements involuntary matter law defense contend statements result physical mental coercion wills barrington petitioners overborne accordingly state never obliged offer evidence voluntariness fact statements however informed three barrington petitioners counsel present depositions taken insofar majority suggests barrington statements involuntary fact fashion chambers haynes introduced factual contention never urged barrington petitioners never considered courts new jersey interrogation commenced petitioners sworn carefully informed need give information reminded information given might used subsequent criminal prosecution warned police officer subject proceeding discharge failed provide information relevant public responsibilities cautionary statements varied slightly except given naglee included three warnings naglee told removed position failed give information pertinent discharge duties petitioners consented give statements none displayed significant hesitation none suggested decision offer information motivated possibility discharge second statement obtained petitioners september december statements materially different content circumstances first significant distinction interrogator advert even obliquely possibility dismissal petitioners cautioned entitled remain silent evidence whatever physical mental coercion petitioners testified trial gave evidence essentially consistent statements taken preliminary hearing conducted bellmawr trial determine voluntariness statements bellmawr petitioners offered evidence beyond proof warning given standards employed assess voluntariness accused statements reflected number values thus emphasized variety factual criteria criteria employed included threats imminent danger payne arkansas physical deprivations reck pate repeated extended interrogation chambers florida limits access counsel friends crooker california length illegality detention state law haynes washington individual weakness incapacity lynumn illinois adequacy warnings constitutional rights davis north carolina whatever criteria employed duty examine entire record thereby determine whether accused overborne sustained pressures upon davis north carolina difficult imagine interrogations criteria duress completely inapplicable requirements subsequently imposed police questioning thoroughly satisfied petitioners received complete explicit reminder constitutional privilege three petitioners counsel present least fourth consulted counsel freely determined presence unnecessary petitioners fashion swept familiar surroundings police custody surrounded antagonistic forces subjected techniques persuasion miranda arizona think manifest standards developed assess voluntariness basis saying statements made involuntarily ii issue remaining whether statements inadmissible involuntary matter law given warning new jersey policemen may discharged failure provide information pertinent public responsibilities really involved score however truth question voluntariness rather whether condition imposed state exercise privilege namely dismissal office instance serves render statements inadmissible absent evidence involuntariness fact admissibility statements thus hinges validity consequence state acknowledged might resulted statements given consequence constitutionally permissible surely objection state cautions witness may follow remains silent consequence warning constitutionally permissible witness obliged order prevent use statements criminal prosecution prove standards established since brown mississippi matter fact statements involuntarily made central issues therefore identical presented spevack klein supra whether consequences may properly permitted result claimant invocation constitutional privilege whether consequence question permissible reasons stated spevack klein view nothing logic purposes privilege demands consequences may result witness silence forbidden merely silence privileged validity consequence depends upon hazards presents integrity privilege upon urgency public interests designed protect hardly denied new jersey permitted constitution establish reasonable qualifications standards conduct public employees said arbitrary unreasonable new jersey insist employees furnish appropriate authorities information pertinent employment cf beilan board education slochower board education finally surely plain new jersey may particular require employees assist prevention detection unlawful activities officers state government urgency requirements obvious conduct question officials directly entrusted administration justice importance systems justice integrity local police forces scarcely exaggerated thus need recalled often intervened state criminal prosecutions precisely ground might encourage high standards police behavior see ashcraft tennessee miranda arizona supra must concluded therefore sanction issue reasonably calculated serve basic interests citizens new jersey final question hazard sanction presents constitutional privilege purposes circumstances officer discharge might ordered new jersey law plainly may vary course possible discharge might given case predicated imputation guilt drawn use privilege thought occurred slochower board education supra vantage point quite improper assume new jersey employ procedures purposes assess good faith employee continued fitness public employment state procedure investigating loyalty fitness public employees might result either slochower situation assessment good faith employee today consistently paused examine actual circumstances case beilan board education supra nelson los angeles county unable see justification majority abandonment process well calculated protect essential purposes privilege guarantee generous opportunities pursuit public values majority broad prohibition hand extends scope privilege beyond essential purposes seriously hampers protection important values despite majority disclaimer quite plain logic prohibitory rule situation prevent discharge policemen therefore entirely forbid sanction presents least face hazard purposes constitutional privilege may reasonably expected serve important public interests entitled assume discharges used either vindicate impermissible inferences guilt penalize privileged silence must instead presume procedure intended used establish enforce standards conduct public employees minimize endanger petitioners constitutional privilege therefore conclude sanction provided state constitutionally permissible surely follows warning given possibility discharge constitutionally unobjectionable given constitutionality sanction warning application petitioners constitutionally entitled exclude use statements evidence criminal prosecution found statements given involuntary fact reasons stated agree statements involuntary fact affirm judgments new jersey warning given chief garrity typical want advise anything say must said free accord without threats promises coercion anything say may course used person subsequent criminal proceedings courts state law probably know privilege refuse make disclosure may tend incriminate make disclosure knowledge right privilege voluntarily thereby waive right privilege relation questions might put relevant disclosure investigation right privilege somewhat limited extent police officer laws state may subjected proceeding removed office refuse answer question put oath pertaining office function within office mean however ca exercise right right understanding willing proceed time answer questions yes legislative history rev stat provides nothing clearly indicates purposes statute beyond inferred face event new jersey noted state entitled even without statutory authorization discharge state employees declined provide information relevant official responsibilities therefore nothing properly look forecast purposes circumstances new jersey might discharge invoked constitutional privilege late judge jerome frank thus noted course spirited defense privilege entirely permissible discharge police officers decline grounds privilege disclose information pertinent public responsibilities judge frank quoted following approval duty required answer privilege permitted refuse answer chose exercise privilege exercise privilege wholly inconsistent duty police officers claim constitutional right refuse answer circumstances constitutional right remain police officers face clear violation duty imposed upon christal police commission san francisco citing cal app emphasis added judge frank field separate opinion