Supreme Court of the United States

Chavez v. Martinez — Stevens, J., concurring in part and dissenting in part

May 27, 2003538 U.S. 760

Summary

Justice Stevens, concurring in part and dissenting in part, argues that the police interrogation of Martinez violated the Due Process Clause and the Fifth Amendment even if the statements were not later used at trial, and concludes that qualified immunity should not apply to such brutal conduct. The opinion distinguishes self-incrimination violations as immediate upon compulsion and rejects reliance on prophylactic rules that do not protect the underlying right. He notes separate opinions by Justice Kennedy and Ginsburg supporting the view that coercion itself violates the right against self-incrimination.