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No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without ...
I find this result in direct conflict with the Fifth Amendment's dictate that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself." [3] Furthermore, even if a public safety exception was allowed, he believed it would have been inapplicable in this particular case:
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. [1] Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily ...
[N]or shall any person . . . be compelled in any criminal case to be a witness against himself . . . . [2] While the Self-Incrimination Clause primarily implicates the law of criminal investigations, the Clause also protects against self-incrimination that may occur at trial.
The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process ...
Pleading the Fifth: The Fifth Amendment to the U.S. Constitution protects a person from being “compelled in any criminal case to be a witness against himself,” among other rights related to ...
The Fifth Amendment requires that “[n]o person ... shall be compelled in any criminal case to be a witness against himself.” We fail to see how, based on the text of the Fifth Amendment, Martinez can allege a violation of this right, since Martinez was never prosecuted for a crime, let alone compelled to be a witness against himself in a ...
(1) The Fifth Amendment privilege against compelled self-incrimination protects a witness from being compelled to disclose the existence of incriminating documents that the Government is unable to describe with reasonable particularity; and (2) Where the witness produces such documents pursuant to a grant of immunity, 18 U. S. C. §6002 ...