Right Against Self Incrimination

By: Derek Hawkins//February 29, 2016//

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7^th Circuit Court of Appeals

Case Name: Kirk Homoky v. Jeremy Ogden

Case No.: 14-3788

Officials: POSNER, EASTERBROOK, and WILLIAMS, Circuit Judges.

Focus: Right Against Self Incrimination

Officer fails to sign release form to submit to certain tests after put under investigation for officer misconduct. Officer is subsequently place on admin leave, and properly so. No constitutional violations existed on behalf of the Department.

“Homoky’s claim fails because no constitutional violation occurred. Homoky never took the voice stress test, a fact he does not dispute, so he produced no coerced statements that the government might use against him in a subsequent criminal proceeding. So there was no violation of the Fourteenth Amendment’s prohibition against the use of coerced statements”

Affirmed

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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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