4 ms·
> they can, in fact, plead the 5th when charged with something that would fall outside of the qualified immunity. True, but this is not an arbitrary process,
by akira2501 2y ago
> they can, in fact, plead the 5th when charged with something that would fall outside of the qualified immunity.
True, but this is not an arbitrary process, it must actually be adjudicated, which is where I would expect the protections to apply. The judge could, after removing the immunity, then decide that the bodycamera of the incident cannot be submitted into evidence without further proceedings.
- lolinder 2y agoRight, but that's where OP's point that these don't count as testimony comes in anyway. Qualified immunity does not imply no 5th amendment protection, so the question of whether these count as testimony will come up because pleading the 5th is possible.