The Supreme Court is set to hear a case that could have a significant impact on the level and extent of citizens’ fifth amendment rights. The fifth amendment, popularly known as the right to avoid self-incrimination (“pleading the fifth”) is often believed to be universal and applicable at each and every stage of a criminal matter. As this case shows, that idea is very much in doubt.
Case Stems from Civil Dismissal
The case arose when a police officer allegedly retained a knife from his employer (the police department and thus, the city). Later he went looking for a new job, and when he applied to a different department, he told them about the knife. That department instructed him to inform his old department that he had retained it, which he did.