HOW DOES A PERSON INVOKE THEIR 5TH AMENDMENT RIGHT TO REMAIN SILENT?
A person can invoke their 5th amendment right to remain silent by clearly stating that they wish to do so. This can be done verbally or in writing. It is important to note that a person does not have to give a reason for invoking their right to remain silent, and they cannot be penalized for doing so. Once a person invokes their right to remain silent, law enforcement must immediately stop questioning them, and any statements made by the person before they invoked their right cannot be used as evidence in court.
It is important to note that the right to remain silent only applies during police interrogations and court proceedings, it does not apply to a person's normal conversations or interactions with others. It's advisable to consult a lawyer before any police interrogation or court proceeding.
This case answers the following question: Berghuis v. Thompkins, 560 U.S. 370 (2010).
How does a person invoke their 5th amendment right to remain silent?
Berghuis v. Thompkins is a United States Supreme Court case that was decided in 2010. The case involved a man named Van Chester Thompkins who was arrested and charged with murder. During his interrogation, Thompkins remained silent for three hours before making a statement that was used as evidence against him at trial. Thompkins argued that his statement should not have been used as evidence because it was made after he had invoked his right to remain silent.
The Supreme Court ruled that in order for a suspect's right to remain silent to be invoked, they must make an "unambiguous" statement that they wish to remain silent, or make a statement that clearly indicates that they do not wish to speak with the police. In this case, the Court held that Thompkins' silence during his interrogation did not constitute an invocation of his right to remain silent, and his statements could be used as evidence against him at trial.
This decision clarified that to claim the right to remain silent, a suspect must take some affirmative action, such as stating that he wants to remain silent. The court also stated that the suspect must do so in a clear and unequivocal way, otherwise the law enforcement can still continue questioning.