FifthAmendment CriminalProcedure
Whether interrogations by state-employed child protective services caseworkers violate the Fifth and Sixth Amendments, where the caseworkers are required by law to share information obtained with police and prosecutors
QUESTIONS PRESENTED Where the victim of a crime is a child, a Child Protective Services (“CPS”) caseworker employed by the state normally investigates the incident in close cooperation with the police. The caseworker is typically required by law to share any information obtained during her investigation with the police and the prosecutor. During these investigations, caseworkers routinely interrogate arrested suspects and convey incriminating information to the police. These interrogations are exactly like interrogations conducted by the police, with the single exception that the interrogator is a CPS caseworker rather than a police officer. The Questions Presented are: I. Whether an interrogation that would violate the Fifth Amendment if conducted by a police officer also violates the Fifth Amendment if conducted by a state-employed CPS caseworker, where the caseworker is required by law to share information obtained in the interrogation with the police and the prosecutor. Il. Whether an interrogation that would violate the Sixth Amendment if conducted by a police officer also violates the Sixth Amendment if conducted by a state-employed CPS caseworker, where the caseworker is required by law to share information obtained in the interrogation with the police and the prosecutor.