The short answer is no. You are not required to talk to the police at any point in time, even if you are charged with a crime. You are, however, required to provide officers with your name if asked, but beyond that, you do not have to answer questions. This blog covers a basic overview of police encounters and your rights during the same. The Fifth Amendment of the United States Constitution provides you with two powerful weapons to protect yourself during police encounters. First, as you’ve probably already heard, under the Fifth Amendment, you have the right to remain silent. ...
Tag: fifth amendment rights
September 27, 2019CD
A great deal of criminal law turns on bedrock constitutional tenets set forth in the United States Constitution, in particular, the Fourth, Fifth and Sixth Amendments. Anytime police are searching your car or home, the Fourth Amendment applies in several ways. One of the misunderstood concepts is protective sweeps for officer safety, a topic again just addressed by the Indiana Court of Appeals. Obviously, at this time with police officers in some areas being targeted, it makes sense that in a stop of a car or search of a home, a police officer could look for weapons that might pose an ...
May 24, 2017Adam Hayes
Generally, everyone is aware that in any criminal questioning by police or prosecutors or criminal court proceedings, a person with any potential criminal exposure can assert his/her right to remain silent. However, this right is much broader, and to be a good citizen and be afforded constitutional rights, there are four things you must know about your right to remain silent. First, in any proceeding, such as a divorce, a person may assert his or her Fifth Amendment privilege1 in court, deposition, or other context if any statement might cause criminal liability and ultimately a criminal charge. No one can force ...
October 5, 2016Adam Hayes
Almost any time of day, on a number of networks, a crime show involving police, detention, interrogation, and trials can be found. Sometimes these are live, real life trials. Often they are fictional dramatizations. However, one of the most common threads of these shows are Miranda warnings. As soon as the familiar, “You have the right to remain silent…”, it is (almost) possible to recite by heart. But how did the Miranda Rights come about, and when do they actually apply? The Miranda Rights are based on a United States Supreme Court decision from 1966 involving the case of Miranda v. Arizona1 ...
April 29, 2014CD
Anyone who has ever watched any television program that references criminal trials has heard of the Fifth Amendment Privilege against self-incrimination. However, the extent and protection of the Fifth Amendment is not quite as simple as television may lead you to believe. At Ciyou & Dixon, P.C., we often encounter domestic cases (divorce or paternity) where there is also some sort of underlying criminal component. Either a party has been recently arrested for drugs or alcohol, or there is an allegation of abuse and/or neglect against one or both parents. Any pending criminal issues will further complicate the domestic issues. Particularly on ...
May 15, 2012CD