Extract to table

Caldwell's status changes from witness to subject or target, or if the scope of the government's inquiry expands, this analysis must be revisited immediately

Constitutional Foundation The Fifth Amendment to the United States Constitution provides, in pertinent part, that no person "shall be compelled in any criminal case to be a witness against himself

The invocation must ordinarily be made on a question-by-question basis

2004) (recognizing the general principle that the privilege must be invoked as to particular questions)

at 488 (noting that the court must be "governed as much by [its] personal perception of the peculiarities of the case as by the facts actually in evidence")

targets must be advised of their Fifth Amendment rights before testifying before the grand jury