The following excerpt is from Grand Jury Subpoena, In re, 75 F.3d 446 (9th Cir. 1996):
However, this case involves a different setting. The witnesses' statements have already been given. That is, the police officers have already made the statements which are contained in the internal affairs reports. The officers were compelled to make those statements under threat of loss of their employment. Cal.Govt.Code 3300-3311. Lybarger v. City of Los Angeles, 40 Cal.3d 822, 827, 221 Cal.Rptr. 529, 710 P.2d 329 (1985). So we are dealing with statements already compelled and already made. In such a setting, when can the Fifth Amendment privilege be asserted?
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