“[A]ny lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.” – Watts v. Indiana, 338 U.S. 49 (1949) (Justice Jackson, concurring) - “Tried to take the...more
When watching television shows about police officers or crime, most people have heard about Miranda rights. In the United States, police and crime shows have consistently made up around 20% of all television show broadcasts....more
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
On of the most well known of all criminal procedural rights was established by the US Supreme Court on this day in 1966, when the Court handed down its Miranda v. Arizona decision. It established the legal principle that all...more
The SEC continues to bolster its allegations regarding the relationships between tipper and tippee in insider trading cases as well as the knowledge of the tippee. Whether those allegations will be sufficient to meet the...more
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
On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double...more
Can your silence be used against you in a criminal proceeding? Most of us would assume that it cannot because of the Fifth Amendment to the U.S. Constitution and case law interpreting it....more
On June 17, 2013, the Supreme Court of the United States issued an opinion with important implications for anybody who wishes to remain silent when interviewed in connection with a criminal investigation whether they know it...more
The Fifth Amendment provides that “[n]o person…shall be compelled in any criminal case to be a witness against himself….”...more
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