By: Derek Hawkins//April 12, 2017//
WI Supreme Court
Case Name: State of Wisconsinv. Brian I. Harris
Case No.: 2014AP1767
Focus: 5th Amendment Violation
The question before the court is whether the State compelled Petitioner, Brian Harris, to be a witness against himself in violation of the Fifth Amendment to the United States Constitution and article I, section 8 of the Wisconsin Constitution . . . Detective Buchanan’s inquiry into whether Mr. Harris would like to make a statement was diagnostic in nature, not inquisitorial, and the circumstances confirm that it was not the functional equivalent of an interrogation. Thus, Mr. Harris’ statement that “They caught me man, I got nothing else to say” followed a voluntary decision to speak with Detective Buchanan. Because the State did not compel Mr. Harris to be a witness against himself, the judgment of the court of appeals is affirmed.
Concur: Ziegler, Gableman
Dissent: Abrahamason