Murphy v. Waterfront Comm.

Supreme Court of the United States · 1964 · Criminal Procedure
378 U.S. 52 (1964)
Updated
Criminal ProcedureSelf-IncriminationImmunityFifth AmendmentFourteenth Amendmentstate-federal immunityuse and derivative usecompelled testimony

Facts

Petitioners were subpoenaed to testify before the Waterfront Commission of New York Harbor about a work stoppage at the Hoboken piers. They refused to answer certain questions on the ground that their answers might incriminate them, and they were then granted immunity from prosecution under New Jersey and New York law. Petitioners still refused to answer because their answers might incriminate them under federal law, which the immunity grant did not cover. They were then held in contempt.

Issue

Whether one jurisdiction in the federal system may compel a witness, after granting immunity only from prosecution under its own laws, to give testimony that may incriminate the witness under the criminal laws of another jurisdiction. Relatedly, whether testimony so compelled by a State may be used by federal officials in a criminal prosecution.

Rule

The constitutional privilege against self-incrimination protects a state witness against incrimination under federal as well as state law, and protects a federal witness against incrimination under state as well as federal law. A state witness may not be compelled to give testimony that may incriminate him under federal law unless the compelled testimony and its fruits cannot be used in any manner by federal officials in connection with a criminal prosecution against him; once the defendant shows he testified under a state grant of immunity to matters related to the federal prosecution, federal authorities bear the burden of showing an independent, legitimate source for the evidence.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.
A legislative committee in Columbus, Ohio subpoenas Nora Patel to testify about bribery in a city licensing office. Ohio law grants her immunity from prosecution under Ohio law, but her answers could also expose her to federal mail fraud charges.

After receiving the state immunity grant, may Ohio compel Nora to answer over her Fifth Amendment objection?

Explanation. The privilege protects a state witness against incrimination under federal as well as state law. A State may compel the testimony only if the compelled testimony and its fruits cannot be used in any manner by federal officials in connection with a criminal prosecution. Immunity need not be absolute freedom from federal prosecution, but it must be coextensive with the privilege by barring use and derivative use.