Attorney General v. Colleton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[civil investigative] demands which invade any constitutional rights of the investigated party cannot be condoned”
• admitting evidence of defendant’s refusal to consent to breathalyzer test at criminal trial would violate art. 12
• continuing to give the Massachusetts constitutional language a broader meaning than the Fifth Amendment in order to avoid such recent restrictive United States Supreme Court decisions as Kastigar v. United States, 406 US 441, 92 S Ct 1653, 32 L Ed 2d 212 (1972)
• Fifth Amendment protects defendant from use or derivative use of compelled testimony, while Massachusetts Constitution requires transactional immunity for any offense “to which compelled testimony relates”
• the privilege “. . . protects against disclosures that a witness believes could be used or lead to other evidence that could be used in a criminal prosecution ...”
• transactional immunity required to compel private citizen to answer civil investigative inquiries

Source: CourtListener parenthetical corpus (CC0).