Kelli Prather v. United States
1. When a Defendant is in custodial custody and an FBI agent interrogated the defendant is the Agent required to Mirandize the defendant? If the agent fails to allow the defendant to Plead the Fifth is this illegal and a violation of Amendment V?
2. Can a corporation bring charges against a citizen if they are a member of the Press and disclose information about a lawsuit against the company? If charges are brought against the journalist is that a violation of Amendment I?
3. In all criminal proceedings is the defendant entitled to a speedy and public trial, entitled to notification of the witnesses against her, entitled to have witnesses called in her favor and entitled to be represented by effective Counsel? If either of these rights are violated is this a violation of Amendment VI?
4. If a defendant contacts the FBI for assistance, the agents eventually show up at the home of one of the defendant's family member, agrees to meet with the defendant in custodial custody at the FBI office (under the guise of helping the defendant) fails to disclose that this is a criminal investigation, fails to Mirandize the defendant, interrogates the defendant in a taped interview, and eventually use an excerpt from the taped interview to secure a criminal conviction against the defendant is this illegal? Is the excerpt inadmissible in a court of law and considered fruit of the poisonous tree and inadmissible during the trial? Were the agent's actions illegal and this process considered "constructive parallelization" and violation of Amendment V and Amendment XIV (failure to provide equal protection of the law?
Whether custodial interrogation by FBI agents without Miranda warnings and without allowing invocation of Fifth Amendment rights, combined with alleged deceptive investigative practices and failure to disclose the criminal nature of the investigation, violates the Fifth and Fourteenth Amendments and renders resulting evidence inadmissible as fruit of the poisonous tree