person invokes privilege (Georgia) · Go Syfert
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person invokes privilege in Georgia

6 Georgia opinions name it 2 courts 1990–2018 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Miranda v. Arizonagreen
scotus · 1966 · cited in 5 Georgia opinions naming this issue, 1990–2018
2 sentences

2018The United States Supreme Court has held that when an individual in custody "indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease," and "any statement taken after the person invokes his privilege cannot be other than the product of compulsion." Miranda v. Arizona , 384 U.S. 436 , 473-74 (III), 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

2018The United States Supreme Court has held that when an individual in custody "indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease," and "any statement taken after the person invokes his privilege cannot be other than the product of compulsion." Miranda v. Arizona , 384 U.S. 436 , 473-74 (III), 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

15
Oregon v. Bradshawgreen
scotus · 1983 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018However, " '[i]f, after invoking his Fifth Amendment rights, the accused is found to have initiated contact with authorities and then knowingly and intelligently waived his rights, his ensuing statements will be considered properly obtained.' " Mack v. State , 296 Ga. 239 , 244, 765 S.E.2d 896 (2014), quoting Oregon v. Bradshaw , 462 U.S. 1039 , 1045, 103 S.Ct. 2830 , 77 L.Ed.2d 405 (1983) (plurality opinion).

2018However, " '[i]f, after invoking his Fifth Amendment rights, the accused is found to have initiated contact with authorities and then knowingly and intelligently waived his rights, his ensuing statements will be considered properly obtained.' " Mack v. State , 296 Ga. 239 , 244, 765 S.E.2d 896 (2014), quoting Oregon v. Bradshaw , 462 U.S. 1039 , 1045, 103 S.Ct. 2830 , 77 L.Ed.2d 405 (1983) (plurality opinion).

12
Mack v. Stategreen
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018However, " '[i]f, after invoking his Fifth Amendment rights, the accused is found to have initiated contact with authorities and then knowingly and intelligently waived his rights, his ensuing statements will be considered properly obtained.' " Mack v. State , 296 Ga. 239 , 244, 765 S.E.2d 896 (2014), quoting Oregon v. Bradshaw , 462 U.S. 1039 , 1045, 103 S.Ct. 2830 , 77 L.Ed.2d 405 (1983) (plurality opinion).

2018However, " '[i]f, after invoking his Fifth Amendment rights, the accused is found to have initiated contact with authorities and then knowingly and intelligently waived his rights, his ensuing statements will be considered properly obtained.' " Mack v. State , 296 Ga. 239 , 244, 765 S.E.2d 896 (2014), quoting Oregon v. Bradshaw , 462 U.S. 1039 , 1045, 103 S.Ct. 2830 , 77 L.Ed.2d 405 (1983) (plurality opinion).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Michigan v. Mosley green
scotus · 1975
2 sentences

2018As the Supreme Court has noted, the passage "the interrogation must cease" could be literally interpreted to mean that "any statement taken after the person invokes his privilege [to remain silent]" would mandate exclusion of the statement from evidence "even if it were volunteered by the person in custody without any further interrogation whatever." Michigan v. Mosley , 423 U.S. 96 , 101-102, 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975).

2018As the Supreme Court has noted, the passage "the interrogation must cease" could be literally interpreted to mean that "any statement taken after the person invokes his privilege [to remain silent]" would mandate exclusion of the statement from evidence "even if it were volunteered by the person in custody without any further interrogation whatever." Michigan v. Mosley , 423 U.S. 96 , 101-102, 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975).

22000–2018

Where else courts name it

IL 33 (1973–2026) CA 31 (1967–2017) PA 16 (1972–2025) TX 15 (1976–2023) MI 8 (1974–2018) NY 8 (1972–2003) MS 7 (1978–2025) IN 7 (1974–2020) OH 7 (1977–2013) NJ 6 (1986–2008) GA 6 (1990–2018) AZ 6 (1972–2015) VA 5 (1981–2010) MD 5 (1969–1980) NC 5 (1981–2006) FL 5 (1980–2018) OR 4 (1968–1986) WA 4 (1969–2017) MO 3 (1979–1998) TN 3 (1975–2017) KY 3 (2012–2017) ME 3 (1981–1998) WI 3 (1978–2003) AL 3 (1981–1999) WY 2 (2004–2004) ID 2 (1976–1980)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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