What Illinois Police Officers Should Know Before a Use-of-Force Interview

A use-of-force interview can shape both your career and any case that follows. Here's what Illinois officers should understand about their rights, the process, and why representation matters before you sit down.

The moment that matters most

If you've been involved in a use-of-force incident, the interview that follows (whether it's an administrative interview with your department, a criminal investigation, or both) is one of the most consequential moments of your career. What you say, how it's documented, and who's in the room with you can affect your job, your certification, and potentially your freedom.

Too many officers walk into these interviews assuming that because they "did nothing wrong," they don't need to think carefully about the process. That assumption is one of the most common mistakes an officer can make.

Administrative and criminal investigations are not the same thing

After a critical incident, you will face two separate tracks at once: an internal administrative investigation (governed by your department's policy and your collective bargaining agreement) and a criminal investigation by an outside agency or state's attorney. These processes have different rules, different consequences, and different protections.

Statements compelled under threat of discipline in an administrative interview, commonly referred to as Garrity statements after the U.S. Supreme Court case establishing the protection, generally cannot be used against you in a criminal proceeding. But that protection only works as intended when it's invoked correctly and the two tracks are kept properly separated. Confusing the two, or assuming one type of protection covers both processes, can be a costly mistake.

You have the right to representation

Whether it's a union representative or an attorney, you are generally entitled to representation before and during these interviews. It is important to exercise this right. Investigators are trained to ask precise questions, and even a truthful, well-intentioned answer can be misunderstood, taken out of context, or phrased in a way that creates problems later.

Having someone in the room who understands both law enforcement procedures and the law isn't a sign that you have something to hide. The people who investigate these matters understand this and should take no offense when you invoke your right to be represented.

Common mistakes officers make

A few patterns show up again and again in these cases:

• Answering before understanding which investigation is asking. Know whether you're in an administrative or criminal interview before you say a word.
• Waiving representation to "get it over with." These interviews are rarely as quick or informal as they seem in the moment.
• Speaking to coworkers before consulting counsel. Statements made outside the formal process can still be used against you.
• Assuming department counsel represents your individual interests. In many cases, the department's attorney represents the department, not you personally.

We offer critical incident representation for Illinois officers, including flat-fee coverage so you know what protection costs before you ever need it, not after.

If you're facing an interview now

If you're an Illinois officer preparing for, or already in the middle of, an administrative or criminal investigation following a use-of-force incident, don't wait to get representation involved. The earlier McGregor Dunn Law LLC is brought in, the more we can do to protect your rights.

This post is provided for general informational purposes only and does not constitute legal advice. Every situation is different, and reading this article does not create an attorney-client relationship. If you are facing a use-of-force investigation or critical incident, contact McGregor Dunn Law LLC directly to discuss your specific circumstances.