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What is a "Criminal Case" Under Chavez v. Martinez: Section 1983 Lawsuits for Violation of the Self-Incrimination Clause

I had an longer post but my computer crashed, and I need to return to work.  Here is what you need to know.  Today the Ninth Circuit held in Stroot v. City of Everett:A coerced statement has been ?used? in a criminal case when it has been relied upon to file formal charges against the declarant, to determine judicially that the prosecutionmay proceed, and to determine pretrial custody status. Such uses impose precisely the burden precluded by the Fifth Amendment: namely, they make the declarant a witnessagainst himself in a criminal proceeding.In Stroot, the coerced statement was used against the defendant in:(1) the Affidavit filed insupport of the Information charging him with child molestation;(2) a pretrial arraignment and bail hearing (the CrR 3...continue to full post

Full post as published by Crime & Federalism on August 13, 2009 (boomark / email).