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in a unanimous opinion, the justices reversed the 9th Circuit’s judgment that a police officer’s failure to give a Miranda warning, coupled with coercive questioning of a defendant while he was being treated for gunshot wounds he received during a fight with police, violated the defendant’s rights under the Fifth Amendment, even though his statements were not used against him in a criminal proceeding. Chavez v. Martinez, No. 01-1444. The justices remanded the case on the ground that the language of the Fifth Amendment does not support the principle that mere compulsive questioning violates the Constitution. The Fifth Amendment protection against self-incrimination is only violated if the statements are used against the defendant. Thomas delivered the court’s opinion.

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