Published on: Thursday, September 28, 2017

The Fifth Amendment Self-Incrimination Clause provides that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.”  In City of Hays, Kansas v. Vogt , No. 16495, the Supreme Court granted certiorari review from the United States Court of Appeals for the Tenth Circuit to decide “[w]hether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial.” 

Below, the Tenth Circuit recognized that a “circuit split [has] developed” over whether certain pretrial uses of compelled states force a person to “be a witness against himself.”  For a copy of the Tenth Circuit's opinion, click here. For a copy of the Supreme Court’s Order, click here.    For a copy of the certiorari petition, click here.