Go to:	Briefs Menu	Cases Pending	Cases Decided

CHAVEZ v. MARTINEZ

United States Supreme Court No. 01-1444

---

QUESTION PRESENTED: 1) Is a police officer liable for damages in a civil action under 42 U. S. C. §1983 for taking a statement from a suspect in a manner considered “compelled” for the Fifth Amendment’s self-incrimination privilege?

2) Is a police officer liable in such an action for taking a statement without complying with the prophylactic rule of Miranda v. Arizona, 384 U. S. 436 (1966)?

3) Is a police officer liable in such an action for taking a statement in a manner that would render it inadmissible in a criminal trial under the procedural due process line of cases?

ORAL ARGUMENT DATE: December 4, 2002

---

INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

Argument - Part I

I. The Fifth Amendment's self-incrimination privilege is only a right to have evidence excluded, and therefore does not support a civil rights action

A. An exclusionary rule
B. Policy and the privilege

Part II

II. Miranda's irrebuttable presumption does not support a civil remedy for Fifth Amendment violations

Part III

III. An interrogation contrary to the procedural due process voluntariness standard is not sufficient to support a civil rights action

A. Procedural due process and evidence
B. Due process and policy
C. Alternatives

Conclusion