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· 10/18/2023

Mitchell v. Village of Monroe

Citations

  • 198 N.Y.S.3d 716
  • 220 A.D.3d 853
  • 2023 NY Slip Op 05255

How courts have described this case

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

  • holding that “concern with foreign prosecution is beyond the scope of the Self-Incrimination Clause”
  • holding that concern with foreign international prosecution was beyond the scope of the Fifth Amendment privilege against self-incrimination
  • holding that the text “any criminal case” under the Fifth Amendment’s Self‐Incrimination Clause does not generally include criminal cases in foreign jurisdictions, and noting that the textual argument to the contrary “overlooks the cardinal rule to construe provisions in context”
  • holding that the text “any criminal case” under the Fifth Amendment’s Self-Incrimination Clause does not generally include criminal cases in foreign jurisdictions, and noting that the textual argument to the contrary “overlooks the cardinal rule to construe provisions in context”
  • holding that “[r]esident aliens ... are considered ‘persons’ for purposes of the Fifth Amendment and are entitled to the same protections under the [Self-Incrimination] Clause as citizens” (citing Kwong Hai Chew v. Colding, 344 U.S. 590, 596, 73 S.Ct. 472, 97 L.Ed. 576 (1953))
  • stating that deportation proceeding is civil action and not criminal prosecution

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.