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CLEARY V. BOLGER, 371 U. S. 392 (1963)

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U.S. Supreme Court

Cleary v. Bolger, 371 U.S. 392 (1963)

Cleary v. Bolger

No. 57

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.

Held: the injunction against the state officer was improvidently granted. Stefanelli v. Minard, 342 U. S. 117, followed. Rea v. United States, 350 U. S. 214, distinguished. Pp. 371 U. S. 392-401.

293 F.2d 368 reversed.

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