Legal Opinion
Weaver v. Brenner
Court of Appeals for the Second Circuit
Decided October 26, 1994No. Nos. 662-664, Dockets 93-7383, 93-7429, 93-7491PublishedCited by 47 opinions
1Opinion of the Court
CARD AMONE, Circuit Judge:
One of the principal issues we deal with on this appeal is what conduct violates the Fifth Amendment. That Amendment safeguards a suspect’s right to remain silent. This right is based on the painful lessons of history, among the most prominent of which was the Spanish Inquisition, and it teaches that to be silent is safe and to speak risks betrayal of oneself.
Defendants Paul Czajka, David W. Harrison, and John J. Holt appeal from a portion of the April 19, 1993 order of the United States District Court for the Northern District of New York (McAvoy, J.). That order…
2Cases cited29 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
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3Cited by47 opinions
- Restivo v. HessemannCourt of Appeals for the Second Circuit · 2017
- Riley v. DortonCourt of Appeals for the Fourth Circuit · 1997
- Jeffrey McKinley v. City of MansfieldCourt of Appeals for the Sixth Circuit · 2005
- Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1996
- Rodriguez v. PhillipsCourt of Appeals for the Second Circuit · 1995
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