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5th Amendment Violation

By: Derek Hawkins//April 12, 2017//

5th Amendment Violation

By: Derek Hawkins//April 12, 2017//

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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

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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