Cleary v. Bolger - 371 U.S. 392 (1963)
U.S. Supreme Court
Cleary v. Bolger, 371 U.S. 392 (1963)
Cleary v. Bolger
Argued November 14-15, 1962
Decided January 14,1963
371 U.S. 392
While a state criminal prosecution and a state administrative proceeding for revocation of his license were pending against respondent, he brought this suit in a Federal District Court to enjoin a state officer and certain federal officers from testifying in either proceeding about incriminating statements elicited from respondent while he was being illegally detained and interrogated by the federal officers. The state officer had been present during part of the interrogation, but had not participated therein. Finding that the incriminating statements had been procured by the federal officers in violation of Federal Rule of Criminal Procedure 5(a), the Court granted the injunction against them and the state officer. Only the state officer sought review in this Court.
293 F.2d 368 reversed.