Legal Opinion

Grand Jury Subpoenas Dated December 7 & 8, Issued to Stover v. United States

Court of Appeals for the Tenth Circuit

Decided November 21, 1994No. Nos. 94-2032, 94-2033PublishedCited by 47 opinions

1Opinion of the Court

STEPHEN H. ANDERSON, Circuit Judge.

In these consolidated appeals, we consider whether presentation to a grand jury of a police officer’s compelled statement taken pursuant to an internal affairs investigation constitutes a violation of the officer’s Fifth Amendment right against self-incrimination. We hold that it does not.

BACKGROUND

These appeals arise out of the fatal shooting of Peter Klunck by Albuquerque Police Department (“APD”) officers on January 27, 1989. Following the shooting, the APD Internal Affairs Unit (“IAU”) initiated an investigation into the incident. Department policy…

2Cases cited53 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Malloy v. HoganSupreme Court of the United States · 1964
  4. United States v. CalandraSupreme Court of the United States · 1974
  5. Kastigar v. United StatesSupreme Court of the United States · 1972

48 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. In Re GRAND JURY PROCEEDINGSCourt of Appeals for the Tenth Circuit · 2010
  2. Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. Fletcher v. United StatesCourt of Appeals for the Tenth Circuit · 1997
  4. United States v. Richard Ray LaceyCourt of Appeals for the Tenth Circuit · 1996
  5. In Re: Grand Jury Subpoenas, Jane Roe and John Doe. Intervenor v. United StatesCourt of Appeals for the Tenth Circuit · 1998

42 more not listed; retrieve them via the Exa API.

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