LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
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  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
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- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
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The Fifth Amendment
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- Holder of the Privelege
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- Introductory Issues
- Miranda - Custody
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  - Pennsylvania v. Muniz
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  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
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- With Particularity
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- Consent
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  - United States v. Flores-Montano
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  - Samson v. California
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  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Miranda - Goverment Employees

LaChance v. Erickson

Facts

The defendants, federal employees, were subjected to adverse actions by their agencies. Each made false statements to agency investigators with respect to the misconduct with which they were charged. In each case, the agency additionally charged the false statement as a ground for adverse action, and the action taken against the employees were based in part on the added charge.

Issue

Whether the government may take adverse action against an employee for making a false statement during an agency investigation?

Held

Yes. If answering an agency’s investigatory question could expose an employee to a criminal prosecution, he could exercise his Fifth Amendment right to remain silent, bus not lie.

Discussion

The American legal system provides methods for challenging the government’s right to ask questions — lying is not one of them. A citizen can decline to answer the government’s question, or answer it honestly. However, a citizen may not knowingly and willfully answer with the government with a falsehood without repercussion.

If answering an agency’s investigatory question could expose an employee to a criminal prosecution, he may exercise his Fifth Amendment right to remain silent. The Court stated that “it may well be that an agency, in ascertaining the truth or falsity of the charge, would take into consideration the failure of the employee to respond.” The Fifth Amendment does not forbid adverse inferences against parties in civil or administrative actions when they refuse to testify. The Fifth Amendment’s right to remain silent applies only to those cases with criminal ramifications.

Citation

522 U.S. 262, 118 S. Ct. 753 (1998)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege