Criminal Law

City of Hays v. Vogt

In City of Hays v. Vogt, the Supreme Court considered whether the Fifth Amendment’s Self-Incrimination Clause is violated when allegedly compelled statements are used in a pre-trial probable cause hearing.

Case Summary

Matthew Vogt was formally charged in Kansas state court with two felony counts related to acquiring a weapon while on the job as a police officer. During his probable-cause hearing, the government introduced allegedly coerced and incriminating statements as evidence against him. Vogt filed a civil-rights claim in district court, arguing that the use of these statements violated the Fifth Amendment, which provides that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.” The district court dismissed Vogt’s claims, but the Tenth Circuit Court of Appeals reversed, reasoning that “the right against self-incrimination is more than a trial right.” The City of Hays asked the Supreme Court to review the court’s decision, and it agreed to do so.

CAC filed a friend-of-the-court brief on behalf criminal procedure scholars in which we urged the court to affirm the Tenth Circuit’s decision. In our brief, we explained that, as Founding-era usage reflects, the broad phrase “any criminal case” plainly includes pre-trial probable cause hearings, and this definition comports with other uses of the term “case” in the Constitution. The use of this broad language is further consistent with the Self-Incrimination Clause’s placement in the Fifth Amendment, which includes other rights related to the initiation of criminal proceedings, rather than in the Sixth Amendment, which focuses on the legal protections that apply once a criminal prosecution has begun. We also argued that narrowly construing the scope of the Clause would not only be at odds with the Fifth Amendment’s plain text, it would also be at odds with the historical foundations of the self-incrimination privilege.  In sum, when the government introduces coerced, incriminating statements as evidence against a person at a pre-trial probable cause hearing, the government violates that individual’s Fifth Amendment self-incrimination right no less than if it introduced such statements at trial.

The Supreme Court dismissed the City of Hays’ petition as improvidently granted, leaving the decision of the Tenth Circuit in place.

Case Timeline

  • December 20, 2017

    CAC files amicus brief

    U.S. Sup. Ct. Amicus Brief
  • February 20, 2018

    Supreme Court hears oral argument

  • May 29, 2018

    Supreme Court dismisses petition as improvidently granted

More from Criminal Law

Criminal Law
U.S. Court of Appeals for the Fourth Circuit

Hayat v. Diaz

In Hayat v. Diaz, the United States Court of Appeals for the Fourth Circuit is considering whether police officers may forcibly enter homes without a warrant based only on “reasonable suspicion” of a crime.
Criminal Law
U.S. Supreme Court

Anibowei v. Blanche

In Anibowei v. Blanche, the Supreme Court is being asked to consider whether the Fourth Amendment permits law enforcement officers—without a warrant, probable cause, or even reasonable suspicion of illegal activity—to search the contents of...
Criminal Law
U.S. Supreme Court

Kian v. State of Florida

In Kian v. State of Florida, the Supreme Court is considering whether the Sixth Amendment requires a jury to have at least twelve members.
Criminal Law
June 29, 2026

CAC Release: In Important Victory for Digital Privacy, Supreme Court Holds that Even Short-Term Police Monitoring of Cell-Phone Location Information Is Regulated by the Fourth Amendment

WASHINGTON, DC – Following today’s decision at the Supreme Court in Chatrie v. United States,...
By: Brian R. Frazelle
Criminal Law
May 28, 2026

CAC Release: Supreme Court Recognizes Clear Pathway to Habeas Relief in Mississippi Jury Race-Discrimination Case

WASHINGTON, DC – Following today’s decision at the Supreme Court in Pitchford v. Cain, a...
Criminal Law
May 28, 2026

CAC Release: Supreme Court Majority Rules that Judges Cannot Consider Changing Views of Crime when Reducing Sentences

WASHINGTON, DC – Following the Supreme Court’s decision this morning in Rutherford v. United States...