Does a defendant have standing to complain that a police interrogation violated a third party witness's Fifth Amendment privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Butts, D065066 (Cal. App. 2015):

"[D]efendants generally lack standing to complain that a police interrogation violated a third party witness's Fifth Amendment privilege against self-incrimination or Sixth Amendment right to counsel." (People v. Williams (2010) 49 Cal.4th 405, 452.) "A defendant may assert a violation of his or her own right to due process of the law and a fair trial based upon third party witness coercion, however, if the defendant can establish that trial evidence was coerced or rendered unreliable by prior coercion and that the admission of this evidence would deprive the defendant of a fair trial." (Id. at pp. 452-453.) "The burden rests upon the defendant to demonstrate how the earlier coercion 'directly impaired the free and voluntary nature of the anticipated testimony in the trial itself' [citation] and impaired the reliability of the trial testimony." (Id. at p. 453.)

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