Commonwealth v. Swinehart

OPINION OF THE COURT

CAPPY, Justice.

This case presents the question of whether the use and derivative use immunity provided in 42 Pa.C.S. § 5947, is consistent with the Pennsylvania constitutional privilege at Article 1, Section 9, against compelled self-incrimination. 1 For the reasons that follow we find that use and derivative use immunity is consistent with the protection provided under our state constitution. Thus, for the reasons that follow, the judgement of the Superior Court is affirmed.

The issue before the Court arises from the investigation into the murder of David Swinehart on…