Rogers v. United States (1951)
Citation and Court
340 U.S. 367 (1951) — Supreme Court of the United States
Facts
Rogers, the treasurer of a Communist Party local, was subpoenaed before a grand jury. She voluntarily disclosed that she had been treasurer and had custody of the party’s books but then refused to answer who she had turned the books over to, invoking the Fifth Amendment privilege against self-incrimination.
Issue
Whether a witness who voluntarily discloses incriminating information before a grand jury may then invoke the Fifth Amendment to avoid answering further questions on the same topic.
Holding
No; having voluntarily disclosed incriminating information — here, that she was treasurer and possessed the books — Rogers waived her privilege and could not then refuse to answer the follow-up question about who received the books.
Rule / Doctrine
The Fifth Amendment privilege may be waived by voluntary disclosure of incriminating information. Once a witness chooses to answer incriminating questions, she cannot selectively invoke the privilege to stop at a point that protects her but leaves a misleading partial account. Requiring completion of the inquiry does not compel self-incrimination; the witness opened the door.
Significance
Established the waiver-by-disclosure rule for grand jury testimony and testimonial contexts: partial disclosure of privileged information waives the privilege as to the remainder of that subject matter, preventing selective use of the privilege to shield only the most damaging details.