When no incriminating statement has been obtained, does the qualified immunity defense apply?
MultiRegion, United States of America
The following excerpt is from O'Hagan v. Soto, 725 F.2d 878 (2nd Cir. 1984):
4 The sufficiency of the qualified immunity defense makes it unnecessary to consider whether a Sixth Amendment violation occurs when no incriminating statement is obtained. Cf. Weatherford v. Bursey, 429 U.S. 545, 97 S.Ct. 837, 51 L.Ed.2d 30 (1977).
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