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Garner v. United States, 424 U.S. 648 (1976)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Garner v. United States, 424 U.S. 648 (1976)
Garner v. United States No. 74-100 Argued November 4, 1975 Decided March 23, 1976 424 U.S. 648
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Petitioner’s income tax returns, in which he revealed himself to be a gambler, were introduced in evidence, over his Fifth Amendment objection, as proof of the federal gambling conspiracy offense with which he was charged.
Held: Petitioner’s privilege against compulsory self-incrimination was not violated. Since petitioner made incriminating disclosures on his tax returns instead of claiming the privilege, as he had the right to do, his disclosures were not compelled incriminations. Here, where there is no factor depriving petitioner of the free choice to refuse to answer, the general rule applies that, if a witness does not claim the privilege, his disclosures will not be considered as having been "compelled" within the meaning of the Fifth Amendment. United States v. Sullivan, 274 U.S. 259. Miranda v. Arizona, 384 U.S. 436; Mackey v. United States, 401 U.S. 667; Garrity v. New Jersey, 385 U.S. 493, distinguished. Pp. 650-655.
501 F.2d 228, affirmed.
POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, and REHNQUIST, JJ., joined. MARSHALL, J., filed an opinion concurring in the judgment, in which BRENNAN, J., joined, post, p. 666. STEVENS, J., took no part in the consideration or decision of the case.
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Chicago: U.S. Supreme Court, "Syllabus," Garner v. United States, 424 U.S. 648 (1976) in 424 U.S. 648 424 U.S. 649. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PUFJTG22AEZPLV1.
MLA: U.S. Supreme Court. "Syllabus." Garner v. United States, 424 U.S. 648 (1976), in 424 U.S. 648, page 424 U.S. 649. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PUFJTG22AEZPLV1.
Harvard: U.S. Supreme Court, 'Syllabus' in Garner v. United States, 424 U.S. 648 (1976). cited in 1976, 424 U.S. 648, pp.424 U.S. 649. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PUFJTG22AEZPLV1.
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