Legal Opinion
People v. Barham
Nassau County District Court
Decided August 20, 2004Published
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Gartner, J.
It has been long established that statements compelled from public employees under threat of loss of their employment are inadmissible in criminal proceedings, as “involuntary” within the meaning of the Constitution.
It has similarly been long established that this constitutional protection is unavailable to private employees, since private employers, when making such a threat, are not acting as an arm of the State.
Apparently for this reason, this court has not found any prior case applying to private employees the constitutional protection against the…
2Cases cited19 opinions
- Colorado v. ConnellySupreme Court of the United States · 1986
- Garrity v. New JerseySupreme Court of the United States · 1967
- Lefkowitz v. TurleySupreme Court of the United States · 1973
- People v. AvantNew York Court of Appeals · 1973
- City of New York v. Uniformed Fire Officers Ass'nNew York Court of Appeals · 2000
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