FIFTH AMENDMENT
recent training bulletins
TRAINING BULLETIN
Well, there it is. A subpoena to attend and testify before the grand jury. Now what do you do? The answer, beyond appearing at the required time on the subpoena, depends upon understanding both the grand jury process and your position with respect to the particular...
“TAKING THE FIFTH” PART V WHEN YOUR “POLICE TESTIMONY” IS COMPELLED IN A CIVIL ACTION
This will be the final Part of a five-part treatise examining the application of the Fifth Amendment’s right against self-incrimination to police officers whose official-capacity conduct comes under scrutiny in some forum, which presents the possibility of...
WAIVER OF MIRANDA FOR OFF-DUTY CONDUCT
In an unpublished decision, the California Appeals Court affirmed a trial court’s decision upholding the dismissal of a deputy for an off-duty use of force, based in part on the deputy’s own voluntary statements to criminal investigators, where there was “no...
Advisement
Mastagni Holstedt Client Advisories and case summaries are prepared for the general information of our clients and friends. The summaries of recent court opinions and other legal developments may be pertinent to you or your association. Please be aware this material is not necessarily inclusive of all the legal authority you should consider when making your decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of this information to any particular matter.