• ricecake@sh.itjust.works
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    2 months ago

    Yes, but the case being referenced involved what it means to invoke your fifth amendment rights.
    Is remaining silent invoking the right, or do you have to state “I am invoking the right to remain silent”, or some other statement?

    Per the supreme Court, you can’t passively invoke the right and can only do so actively. So simply not answering a question isn’t invoking the fifth amendment and could be used against you.

    • TheJesusaurus@sh.itjust.works
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      2 months ago

      That seems fucking stupid as hell, why do you need to “invoke” any right at all? And why would there be a requirement to access this right that most people wouldn’t know

      • Takios@discuss.tchncs.de
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        2 months ago

        You’re talking about a country where “I want a lawyer, dawg” is not sufficient to be provided a lawyer, because the cops can reasonably think that you want a dog that’s a lawyer. The legal system in the US is beyond saving.