Miranda Warnings and Pleading the Fifth Amendment

TacticalAnalyst · Mar 31, 2008

Miranda Warnings and Pleading the Fifth Amendment

Here in this thread are references and resources about Miranda warnings and pleading the Fifth Amendment with respect to police questions and interrogations. Know your rights under the U.S. Constitution.

Discussions are also encouraged on this thread. Legal experts are invited to make comments.

Please post any links and information about the subject. For a copy and paste, provide a URL or a citation, so we can verify your source.

TacticalAnalyst · Mar 31, 2008

Re: Miranda Warnings and Pleading the Fifth Amendment

http://en.wikipedia.org/wiki/Miranda_warning

Miranda warning

From Wikipedia, the free encyclopedia

In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he or she is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings.

http://en.wikipedia.org/wiki/Taking_the_Fifth

Pleading the Fifth

From Wikipedia, the free encyclopedia

In American criminal law, "taking the Fifth", also known as "pleading the Fifth" or "commanding the fifth", is the act of refusing to testify under oath in a court of law or any other tribunal (such as a Congressional committee) on the ground that the answers that would be given could be used as evidence against the witness to convict him or her of a criminal offense. Although similar to the right to remain silent when being questioned by law enforcement officers, and coming from the same source, namely the Fifth Amendment in the Bill of Rights, the right to refuse to answer when under oath has a longer history than Miranda rights.

his.GF.left.him · Mar 31, 2008

Re: Miranda Warnings and Pleading the Fifth Amendment

slightly related: http://www.aclufl.org/pdfs/right_to_protest_brochure.pdf
http://www.aclu.org/FilesPDFs/dwb bust card7_04.pdf

TacticalAnalyst · Mar 31, 2008

Re: Miranda Warnings and Pleading the Fifth Amendment

http://research.lawyers.com/Pleading-the-Fifth-and-Miranda-Warnings.html

"Pleading the Fifth" and Miranda Warnings

Common Fifth Amendment Misconceptions

Although most people have passing familiarity with the Fifth Amendment and their right to remain silent, there are many misconceptions about how the Fifth Amendment works.

This article then provides a list of misconceptions and counters them with facts.

TacticalAnalyst · Mar 31, 2008

Re: Miranda Warnings and Pleading the Fifth Amendment

http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/when-miranda-required.html

Police Questioning: When Miranda Warnings Are Required

When the Miranda Warning Is Required

It doesn't matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must give a Miranda warning if they want to question the suspect and use the suspect's answers as evidence at trial.

If a person is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime. This exception most often comes up when the police stop someone on the street to question him or her about a recent crime or the person blurts out a confession before the police have an opportunity to deliver the warning.

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Miranda Warnings and Pleading the Fifth Amendment

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