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GRAND JURY SUB. DATED DEC. 7 AND 8 v. U.S.

Nos. 94-2032, 94-2033.

40 F.3d 1096 (1994)

In re GRAND JURY SUBPOENAS DATED DECEMBER 7 AND 8, ISSUED TO BOB STOVER, CHIEF OF ALBUQUERQUE POLICE DEPARTMENT, Petitioner, v. UNITED STATES of America, Respondent-Appellee, Steve Nakamura, Albuquerque Police Department Officer; John Does 1 Through 5, Five Albuquerque Police Department Officers, Intervenors-Real Parties in Interest-Appellants.

United States Court of Appeals, Tenth Circuit.

November 21, 1994.

Attorney(s) appearing for the Case

Peter Schoenburg (Randi McGinn with him on the briefs), Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Albuquerque, for appellants.

Mark L. Gross, Dept. of Justice, Washington, DC (Jessica Dunsay Silver, Department of Justice, Washington, DC; John J. Kelly, U.S. Atty., Albuquerque, and Deval L. Patrick, Asst. Atty., Gen., Washington, DC, with him on the briefs), for appellee.

Before ANDERSON, REAVLEY, and HENRY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

In these consolidated appeals, we consider whether presentation to a grand jury of a police officer's compelled statement taken pursuant to an internal affairs investigation constitutes a violation of the officer's Fifth Amendment right against self-incrimination. We hold that it does not.

BACKGROUND

These appeals arise out of the fatal shooting of Peter Klunck by Albuquerque Police Department ("APD") officers...

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