this post was submitted on 07 Dec 2023
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[–] [email protected] 6 points 11 months ago (11 children)

I'm not the person you replied to, but I am confused as to what you mean. You don't have to invoke the fifth amendment in order to not speak with police (the fifth amendment is more used in court), but you always have the right to have an attorney present when speaking with police in the US.

[–] [email protected] 10 points 11 months ago (4 children)

You don't have to invoke the fifth amendment in order to not speak with police

courts have found that simply being silent can be a confession. you must explicitly state you are exercising your right to be silent.

[–] [email protected] 8 points 11 months ago (3 children)

Yes, absolutely. You do have to say that. You don't have to expressly invoke the fifth amendment. You have to invoke your right to be silent. These are two separate things.

[–] [email protected] 9 points 11 months ago (1 children)

Which is absurd when the right is to be silent.

[–] [email protected] 2 points 11 months ago

Welcome to the US justice system.

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