Brogan v. United States

Brogan v. United States
Argued December 2, 1997
Decided January 26, 1998
Full case nameJames Brogan v. United States
Citations522 U.S. 398 (more)
118 S. Ct. 805; 139 L. Ed. 2d 830
Case history
PriorUnited States v. Wiener, 96 F.3d 35 (2d Cir. 1996); cert. granted, 520 U.S. 1263 (1997).
Holding
18 U.S.C. § 1001 does not permit the use of an "exculpatory no."
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityScalia, joined by Kennedy, Thomas, Rehnquist, O'Connor, Souter (in part)
ConcurrenceSouter (in part and in the judgment)
ConcurrenceGinsburg (in the judgment), joined by Souter
DissentStevens, joined by Breyer
Laws applied
18 U.S.C. § 1001, U.S. Const. amend. V

Brogan v. United States, 522 U.S. 398 (1998), is a United States Supreme Court case in which the Court ruled that the Fifth Amendment does not protect the right of those being questioned by law enforcement officials to deny wrongdoing falsely.