Legal Opinion

Government of the Virgin Islands v. Dwence

Supreme Court of The Virgin Islands

Decided October 5, 1977No. Traffic Nos. 1659-77 and 1660-77Published

1Opinion of the CourtFeuerzeig, Judge

MEMORANDUM OPINION

This case presents an important question of constitutional law that, as far as research discloses, is one of first impression in this jurisdiction. At issue is the scope of the constitutional privilege against self-incrimination. A subsidiary but equally important issue is the extent to which the teachings of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), are to be applied to a traffic accident investigation.

The facts are not in dispute. On April 29, 1977, at approximately 10:30 a.m., the defendant, Joseph Dwence, was driving up Cassi Hill in St.…

2Cases cited20 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. South Dakota v. OppermanSupreme Court of the United States · 1976
  5. Organization for a Better Austin v. KeefeSupreme Court of the United States · 1971

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