Counselman v. Hitchcock

1892 United States Supreme Court case
Counselman v. Hitchcock
Argued December 9–10, 1891
Decided January 11, 1892
Full case nameCounselman v. Hitchcock
Citations142 U.S. 547 (more)
12 S. Ct. 195; 35 L. Ed. 1110; 1892 U.S. LEXIS 1990; 3 A.F.T.R. (P-H) 2529
Case history
PriorAppeal from the Circuit Court of the United States for the Northern District of Illinois
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field · Joseph P. Bradley
John M. Harlan · Horace Gray
Samuel Blatchford · Lucius Q. C. Lamar II
David J. Brewer · Henry B. Brown
Case opinion
MajorityBlatchford, joined by unanimous

Counselman v. Hitchcock, 142 U.S. 547 (1892), is a United States Supreme Court case in which the Court ruled that not incriminating an individual for testimony was not the same as not requiring them to testify at all. The court reasoned that as long as evidence arising from the compelled testimony could incriminate the individual in any way, the Fifth Amendment guarantee against self-incrimination was not satisfied. The court then adopted the broader "transactional immunity" rule.[1][2]

References

  1. ^ William Cohen; John Kaplan (1981). Constitutional law: civil liberty and individual rights. Foundation Press. ISBN 9780882770628.
  2. ^ Counselman v. Hitchcock, 142 U.S. 547 (1892).

External links

  • Text of Counselman v. Hitchcock, 142 U.S. 547 (1892) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress 
  • v
  • t
  • e
Scope of the Fourth Amendment
Definition of search
Open-fields doctrine
Aerial surveillance
Third-party doctrine
Definition of seizure
Fourth Amendment standing
Warrant requirement
Mere evidence rule
Neutral and detached magistrate
Warrants directed at third parties
Knock-and-announce
Exigent circumstances
Consent searches
Plain view
Vehicle searches
Searches incident to arrest
Breathalyzers, blood samples, DNA
Protective sweeps
Inventory searches
Border searches
Checkpoints
Students, employees, and patients
Property of probationers and parolees
Administrative inspections
Searches in jails and prisons
Warrantless arrests
Seizures
Distinguishing stops and arrests
Seizure of premises awaiting warrant
Detention incident to search
Detention during vehicle stop
Excessive force
Remedies
Exclusionary rule
Origins
Impeachment exception
Good-faith exception
Independent source
Inevitable discovery
Attenuation
No-knock searches
Habeas corpus review
Civil suit
Federal
State
Incorporation against States
Unreasonable search and seizure
Warrant requirements


Stub icon

This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.

  • v
  • t
  • e