The US Supreme Court heard oral arguments in two Fifth Amendment cases Tuesday: Currier v. Virginia [transcript, PDF], and City of Hays v. Vogt [transcript, PDF].

In the Currier case [JURIST report], Currier faced trial for breaking and entering and grand larceny. While was acquitted on these charges, he was further charged with possession of a firearm after being convicted of a felony resulting from the facts of the same crime he was previously acquitted. Currier argues the issue preclusion component of the Double Jeopardy [text] Clause of the Fifth Amendment barred it. Nonetheless, the case was allowed to proceed and he was convicted. The Virginia Court of Appeals [official website] affirmed his conviction, reasoning that although courts are divided over whether issue preclusion applies when a severance of charges has occurred, in this case, it was to protect one from undue prejudice.

In City of Hays v. Vogt [JURIST report] a police officer admitted to appropriating a knife from work, sparking a criminal investigation. At issue is whether the police department using statements made at the probable cause hearing was unconstitutional on the basis of the Self-Incrimination Clause of the Fifth Amendment [text].