mandujano
argued
november
decided
may
result
certain
information
concerning
respondent
participation
attempted
sale
heroin
subpoenaed
testify
grand
jury
investigating
narcotics
traffic
area
prosecutor
warned
required
answer
questions
might
incriminate
questions
answered
truthfully
else
subject
charge
perjury
desired
lawyer
one
lawyer
inside
grand
jury
room
subsequently
respondent
charged
perjury
admittedly
false
statements
made
grand
jury
involvement
attempted
heroin
sale
district
granted
respondent
motion
suppress
grand
jury
testimony
given
warnings
called
miranda
arizona
holding
respondent
putative
virtual
defendant
called
grand
jury
therefore
entitled
full
miranda
warnings
appeals
affirmed
held
judgment
reversed
case
remanded
pp
reversed
remanded
chief
justice
joined
justice
white
justice
powell
justice
rehnquist
concluded
miranda
warnings
need
given
grand
jury
witness
called
testify
criminal
activities
may
personally
involved
therefore
failure
give
warnings
basis
false
statements
made
grand
jury
suppressed
subsequent
prosecution
witness
perjury
based
statements
pp
justice
brennan
joined
justice
marshall
concluded
even
privilege
compulsory
implicated
false
answers
given
witness
may
consistently
fifth
amendment
privilege
prosecuted
perjury
circumstances
case
respondent
false
answers
induced
governmental
tactics
unfair
constitute
prosecution
perjury
violation
due
process
clause
fifth
amendment
absence
knowing
waiver
privilege
compulsory
fifth
amendment
requires
testimony
obtained
calling
putative
defendant
grand
jury
compelling
testify
regarding
suspected
crime
unavailable
evidence
later
prosecution
crime
given
potential
prejudice
putative
defendant
privilege
compulsory
called
compelled
testify
grand
jury
ability
counsel
help
avoid
prejudice
guidance
counsel
required
pp
justice
stewart
joined
justice
blackmun
concluded
fifth
amendment
privilege
compulsory
require
suppression
respondent
grand
jury
testimony
since
testimony
relevant
prosecution
perjury
introduced
prosecution
attempting
distribute
heroin
case
plausibly
argued
perjury
prosecution
must
barred
prosecutorial
conduct
amounting
denial
due
process
deputy
solicitor
general
frey
argued
cause
brief
solicitor
general
bork
acting
assistant
attorney
general
keeney
shirley
michael
allen
peters
appointment
argued
cause
pro
hac
vice
filed
brief
respondent
briefs
amici
curiae
filed
philip
palmer
richard
kelly
frederick
weisberg
gregory
washington
chief
justice
burger
announced
judgment
opinion
justice
white
justice
powell
justice
rehnquist
join
case
presents
question
whether
warnings
called
miranda
arizona
must
given
grand
jury
witness
called
testify
criminal
activities
may
personally
involved
whether
absent
warnings
false
statements
made
grand
jury
must
suppressed
prosecution
perjury
based
statements
course
grand
jury
investigation
narcotics
traffic
san
antonio
federal
prosecutors
assigned
drug
enforcement
administration
task
force
learned
undercover
narcotics
officer
encounter
respondent
march
time
agent
received
information
respondent
employed
bartender
local
tavern
dealing
narcotics
agent
accompanied
informant
met
respondent
tavern
talked
several
hours
meeting
respondent
agreed
obtain
heroin
agent
end
placed
several
phone
calls
bar
also
requested
received
agent
make
purchase
respondent
left
tavern
money
advanced
secure
heroin
however
hour
later
respondent
returned
bar
without
narcotics
returned
agent
money
respondent
instructed
agent
telephone
bar
evening
make
arrangements
transaction
agent
tried
unable
contact
respondent
directed
record
provides
explanation
respondent
failure
keep
appointment
action
taken
agent
investigatory
file
matter
closed
agent
however
report
information
federal
prosecutors
time
government
seeking
information
local
drug
traffic
present
special
grand
jury
investigating
illicit
traffic
area
respondent
subpoenaed
testify
grand
jury
may
approximately
six
weeks
abortive
narcotics
transaction
tavern
respondent
employed
called
grand
jury
room
preliminary
statements
following
colloquy
occurred
prosecutor
respondent
required
answer
questions
ask
except
ones
feel
tend
incriminate
understand
answer
questions
ask
answer
questions
except
think
incriminate
commission
crime
clear
yes
sir
answer
questions
incriminate
questions
answer
openly
truthfully
course
answer
questions
truthfully
words
lie
certain
questions
possibly
charged
perjury
understand
yes
sir
contacted
lawyer
matter
one
money
get
one
well
like
lawyer
inside
room
outside
free
consult
chose
course
investigation
questions
ask
feel
like
like
lawyer
outside
talk
let
know
app
respondent
specifically
disclaimed
discussed
sale
heroin
anyone
preceding
year
stated
even
try
purchase
ounce
heroin
respondent
refused
amplify
testimony
directly
confronted
prosecutor
mandujano
information
tell
us
heroin
business
san
antonio
today
anything
like
add
telling
us
sells
heroin
well
sir
help
know
get
along
guys
ca
tell
know
appeals
affirmed
recognized
certain
warnings
fact
given
respondent
outset
grand
jury
appearance
agreed
district
full
miranda
warnings
accorded
mandujano
position
virtual
putative
defendant
essence
appeals
holding
order
deter
prosecuting
officers
bringing
putative
virtual
defendant
grand
jury
purpose
obtaining
incriminating
perjur
ous
testimony
accused
must
adequately
apprised
rights
testimony
incriminating
perjur
ous
suppressed
emphasis
added
grand
jury
witness
might
answer
truthfully
thereafter
assert
constitutional
guaranty
circumstances
however
commit
perjury
successfully
claim
constitution
afforded
protection
prosecution
crime
said
glickstein
immunity
afforded
constitutional
guaranty
relates
past
endow
person
testifies
license
commit
perjury
emphasis
added
citations
omitted
debatable
question
one
supervision
conduct
government
representatives
interest
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scully
appeals
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circuit
held
mere
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witness
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basis
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rights
fifth
amendment
summoned
give
testimony
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jury
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record
showing
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jury
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testified
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person
already
identified
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agree
views
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judge
rives
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supra
disagree
appeals
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case
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reverse
grand
jury
integral
part
constitutional
heritage
brought
country
common
law
framers
trained
english
law
traditions
accepted
grand
jury
basic
guarantee
individual
liberty
notwithstanding
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criticism
much
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relevant
history
grand
jury
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charges
adoption
constitution
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method
preferring
charges
serious
criminal
cases
shows
high
place
held
instrument
justice
costello
historic
office
provide
shield
arbitrary
oppressive
action
insuring
serious
criminal
accusations
brought
upon
considered
judgment
representative
body
citizens
acting
oath
judicial
instruction
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law
vests
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jury
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jury
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require
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jury
witnesses
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principle
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burr
cas
cc
chief
justice
marshall
drew
english
precedents
aptly
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lord
chancellor
hardwicke
century
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america
hornbook
proposition
public
right
every
man
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jury
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branzburg
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frankfurter
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jury
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jury
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person
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recognized
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jury
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privilege
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jury
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jury
mission
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jury
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proceedings
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costello
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keeping
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jury
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enforcement
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kastigar
justice
powell
said
offenses
character
persons
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fact
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activities
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waterfront
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jury
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frankfurter
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ullmann
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mandujano
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virtual
putative
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specific
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concerning
mandujano
participation
attempted
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heroin
focus
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jury
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narcotics
san
antonio
area
attempted
heroin
sale
respondent
provided
ample
reason
believe
knowledge
local
heroin
suppliers
therefore
entirely
proper
question
respect
knowledge
narcotics
trafficking
respondent
free
every
stage
interpose
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attempted
distribution
heroin
accusatorial
opposed
inquisitorial
system
characteristic
criminal
justice
since
freed
practices
borrowed
star
chamber
continent
whereby
accused
interrogated
secret
hours
end
see
ploscowe
development
criminal
procedures
europe
america
harv
rev
system
society
carries
burden
proving
charge
accused
mouth
must
establish
case
interrogation
accused
even
judicial
safeguards
evidence
independently
secured
skillful
investigation
law
suffer
prisoner
made
deluded
instrument
conviction
hawkins
pleas
crown
requirement
specific
charges
proof
beyond
reasonable
doubt
protection
accused
confessions
extorted
whatever
police
pressures
right
prompt
hearing
magistrate
right
assistance
counsel
supplied
government
circumstances
make
necessary
duty
advise
accused
constitutional
rights
characteristics
accusatorial
system
manifestations
demands
watts
indiana
hrough
consistently
liberal
construction
afforded
privilege
firmest
limitation
upon
inquisitorial
power
grand
jury
rief
grand
jury
witness
compulsory
testimony
legislation
crim
rev
grand
jury
exercises
judicial
power
compel
attendance
testimony
witnesses
course
exhibiting
classic
instance
judicial
compulsion
phenomenon
central
meaning
fifth
amendment
privilege
confer
every
citizen
absolute
right
refuse
testimony
may
subject
criminal
prosecution
meshbesher
right
counsel
grand
jury
justice
rutledge
said
sitting
appeals
district
columbia
circuit
fifth
amendment
privilege
protects
force
guards
ancient
abuse
judicial
inquisition
judicial
power
including
contempt
enforce
usual
duty
testify
dissolves
violence
duress
needed
bring
play
asking
question
wood
app
see
also
monia
frankfurter
dissenting
scully
cert
denied
frank
concurring
result
marchetti
grosso
although
may
ambiguity
opinion
lawn
whether
multiple
references
tainted
evidence
based
legal
conclusion
evidence
obtained
calling
indicted
defendants
grand
jury
obtained
violation
fifth
amendment
privilege
later
decisions
resolved
doubt
score
calandra
hooley
pepe
supp
garnes
supp
sdny
aff
cert
denied
federal
prosecutors
asserted
also
taken
advantage
de
jure
distinction
postpone
indictments
thereby
utilize
subpoena
power
grand
jury
obtain
discovery
evasion
strictures
government
discovery
pursuant
fed
rule
crim
proc
tigar
levy
grand
jury
new
inquisition
see
also
boudin
federal
grand
jury
geo
dash
indicting
grand
jury
critical
stage
crim
rev
meshbesher
supra
note
rights
witness
grand
jury
duke
note
federal
grand
jury
iowa
rev
comment
grand
jury
witness
privilege
nw
rev
historically
situation
preliminary
inquisition
one
yet
charged
offense
gave
rise
privilege
system
inquisition
properly
called
signifies
examination
mere
suspicion
without
prior
presentment
indictment
formal
accusation
contest
one
hundred
years
centered
solely
abuse
system
wigmore
evidence
mcnaughton
rev
others
argued
rule
combine
objective
elements
prosecutor
subjective
intent
subsequently
charge
individual
indictment
see
scully
frank
concurring
result
requirement
may
pose
grave
administrative
difficulties
see
grossman
supp
nj
whereas
purely
objective
standard
easily
manageable
prosecutor
point
decision
call
individual
suspect
grand
jury
reviewing
clearly
costs
prosecutor
nothing
terms
constitutionally
permissible
criteria
resolve
doubts
favor
warning
witness
present
leave
open
proper
answer
case
witness
called
testify
absence
probable
cause
whose
testimony
thereafter
develops
case
probable
cause
cf
wong
cert
pending
miranda
warnings
required
putative
defendant
washington
app
dc
cert
pending
nos
requiring
knowing
intelligent
waiver
privilege
potential
defendant
luxenberg
warning
concerning
privilege
required
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virtually
position
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cert
denied
knowing
intelligent
waiver
privilege
required
witness
stanley
protection
afforded
defendant
custody
extended
witnesses
virtually
position
defendant
pepe
warning
required
potential
defendant
kelly
supp
ed
ark
warning
required
even
remote
possibility
prosecution
kreps
supp
wd
miranda
warnings
required
prime
suspect
fruchtman
supp
nd
ohio
warning
required
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virtually
position
defendant
mattox
carson
supp
md
miranda
warnings
required
potential
defendants
rev
grounds
cert
denied
haim
supp
sdny
warning
required
potential
defendant
digrazia
supp
nd
warning
execution
formal
waiver
required
witness
grossman
supra
warning
required
least
target
defendant
see
also
powell
app
serious
constitutional
question
whether
prosecutor
may
call
grand
jury
person
indictment
sought
scully
supra
suppos
ing
matter
ethics
fair
play
policy
prosecutor
refrain
calling
witness
grand
jury
person
de
jure
de
facto
accused
frank
concurring
result
suggesting
warning
person
called
prosecutor
intends
indict
grunewald
frank
dissenting
part
rev
warning
required
witness
connelly
cert
denied
approving
suppression
testimony
even
presence
warnings
point
prosecutor
decided
indict
nickels
cert
pending
implication
miranda
warning
required
potential
defendant
kitchell
cert
denied
implication
warning
required
person
clearly
suspected
de
sapio
supp
sdny
implication
warning
required
target
defendant
certainly
response
argue
de
facto
defendant
likely
offer
testimony
thereby
advance
needs
law
enforcement
left
ignorance
constitutional
rights
constitution
already
made
underlying
value
choice
function
denigrate
doubt
constitutional
privilege
may
occasion
save
guilty
man
deserts
aimed
evil
recurrence
inquisition
star
chamber
even
stark
brutality
prevention
greater
evil
deemed
importance
occurrence
lesser
evil
much
experience
tendency
human
nature
abuse
power
founders
sought
close
doors
like
future
abuses
agencies
ullmann
wong
supra
nickels
supra
daniels
friedman
cert
denied
sub
nom
jacobs
mingoia
gollaher
cert
denied
corallo
cert
denied
levinson
cert
denied
sub
nom
strang
dimichele
cert
denied
irwin
cert
denied
kitchell
supra
winter
cert
denied
connelly
supra
de
sapio
supra
zirpolo
supp
nj
leighton
supp
sdny
haim
supra
grunewald
supp
sdny
hoffa
supp
sdny
ironically
greatest
impediment
development
law
concerning
grand
jury
witness
right
form
assistance
counsel
reliance
upon
traditional
absence
counsel
grand
jury
proceedings
denial
assistance
counsel
administrative
proceedings
groban
hannah
larche
see
recent
developments
criminal
procedure
right
counsel
investigative
grand
jury
proceedings
washington
criminal
investigative
act
rev
boudin
supra
dash
supra
meshbesher
supra
grand
jury
powers
procedures
problems
soc
prob
term
harv
rev
note
duke
supra
recent
developments
supra
see
also
sheridan
garrison
supp
ed
la
rev
grounds
boudin
supra
friendly
fifth
amendment
tomorrow
case
constitutional
change
cin
rev
meshbesher
supra
steele
right
counsel
grand
jury
stage
criminal
proceedings
mo
rev
grand
jury
soc
supra
harv
supra
note
duke
supra
recent
developments
supra
contra
arguing
presence
counsel
inside
grand
jury
room
required
boudin
supra
friendly
supra
meshbesher
supra
steele
supra
grand
jury
soc
supra
note
duke
supra
certainly
viable
argument
allowing
counsel
present
grand
jury
room
purposes
consultation
regarding
testimonial
privileges
subvert
nature
functioning
grand
jury
proceeding
procedure
sanctioned
statute
several
stat
ann
comp
laws
utah
code
ann
rev
code
stat
ann
grand
jury
george
right
consult
attorney
every
question
weinberg
right
confer
attorney
exercised
almost
every
question
capaldo
cert
denied
permitted
consult
counsel
whenever
desired
isaacs
supp
nd
provided
every
opportunity
consult
counsel
application
caldwell
supp
nd
cal
permitted
consult
counsel
time
wishes
de
sapio
consult
counsel
interrogation
desired
leighton
right
consult
counsel
time
chose
hoffa
given
opportunity
consult
lawyer
see
also
levine
nickels
cert
pending
daniels
perrone
corallo
dimichele
irwin
kitchell
tramunti
vacated
kane
supp
sdny
grunewald
supp
availability
counsel
help
ensure
meaningful
exercise
constitutional
privilege
may
instances
discourage
prosecutor
efforts
acquire
privileged
information
exactly
effort
law
condemns
recognizing
privilege
create
privileges
time
inhibit
effective
use
paradoxical
indeed
note
duke
supra
appears
plain
implication
following
passage
respondent
also
informed
desired
assistance
counsel
counsel
inside
grand
jury
room
statement
plainly
correct
recital
law
criminal
proceedings
instituted
respondent
hence
sixth
amendment
right
counsel
come
play
ante
mr
fifth
amendment
privilege
compulsory
provides
protection
commission
perjury
legal
system
provides
methods
challenging
government
right
ask
questions
lying
one
citizen
may
decline
answer
question
answer
honestly
impunity
knowingly
willfully
answer
falsehood
bryson
omitted
see
knox
glickstein
respondent
grand
jury
testimony
relevant
prosecution
perjury
introduced
prosecution
attempting
distribute
heroin
since
case
plausibly
argued
perjury
prosecution
must
barred
prosecutorial
conduct
amounting
denial
due
process
reverse
judgment
without
reaching
issues
explored
chief
justice
opinion
justice
brennan
separate
opinion
cf
brown