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Supreme Court of the United States › Self-Incrimination

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Cranfill Sumner LLP

U.S. Supreme Court Holds that a Violation of an Individual’s Miranda Rights Does Not Provide a Basis for a § 1983 Claim.

Cranfill Sumner LLP on

In a recent opinion, the U.S. Supreme Court reversed a decision by the Ninth Circuit Court of Appeals in which held that the “use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth...more

Rumberger | Kirk

A Miranda Procedural Violation Does Not Necessarily Create a Civil Cause of Action for a Violation of the Fifth Amendment

Rumberger | Kirk on

The United States Supreme Court has recently held that a violation of the Miranda procedure does not necessarily create cause of action for a violation of the Fifth Amendment to the United States Constitution. In reaching...more

Kohrman Jackson & Krantz LLP

Supreme Court Limits Remedy for Violation of Fifth and Sixth Amendment Rights

Kohrman Jackson & Krantz LLP on

When the police, acting under the color of law, deprive a person of their civil or constitutional rights, the person generally has two remedies. First, if they are the victim of an unconstitutional search or seizure, a forced...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Certiorari Grants: Fall 2017 Term

Faegre Drinker Biddle & Reath LLP on

1. Freedom of Speech; Labor and Employment. Janus v. American Federation of State, County and Municipal Employees, No. 16-1466. May a government require its employees to pay agency fees to an exclusive representative for...more

Pullman & Comley - Labor, Employment and...

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

Pullman & Comley - Labor, Employment and... on

This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Brooks Pierce

Supreme Court Criminal Law Update

Brooks Pierce on

The United States Supreme Court has issued numerous substantive opinions in the past year on topics ranging from withdrawal from a conspiracy to searches and seizures to what constitutes a Fifth Amendment violation. This...more

Best Best & Krieger LLP

BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to Remain Silent and Privilege Against...

Best Best & Krieger LLP on

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the murder suspect answered...more

Bracewell LLP

Salinas v. Texas: Your Silence May Be Used Against You

Bracewell LLP on

On June 17, 2013, the Supreme Court of the United States issued an opinion with important ramifications for anybody who may be interviewed in connection with a criminal investigation. ...more

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