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Miranda V. Arizona (1966) a person taken into custody by the police must be warned that (1) he has the right to remain silent (2) anything he says can be used against him in court (3) he has the right to the presence of an attorney and (4) if he cannot afford an attorney, one will be appointed for him if he so desires. The Fifth Amendment (1791) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury Answer: The Fifth Amendment

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15y ago
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11y ago

This technically does not fall under the Constitution but if I had to say it would be under the Bill of Rights (or the Amendments to the Constitution). The right to remain silent is actually from case law under your Miranda Rights, after the case of Miranda v. Arizona where the Supreme Court decided that it was in violation of the Sixth Amendment right to counsel.

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14y ago

Miranda v. Arizona, 384 US 436 (1966)

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Q: What amendment to the US Constitution has direct bearing on an officer's responsibility to advise a suspect of the right to remain silent?
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