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Withholding information and your right to remain silent are different. The fifth ammendment states that you have the right to remain silent on subjects that may incriminate yourself, in other words, you don't have to say anything to the police that would incriminate you personally, however, if you know details of a crime involving other parties and you willingly and knowingly withhold that information from the police, you can be charged with obstruction of justice or something like that.
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Definition of right to remain silent?
It means that when questioned by the police, you can choose to say nothing at all.
If you are arrested by the police what due process rights are you guaranteed?
If you are arrested, meaning that a reasonable person would feel that he is not free to leave, a police officer must read you your Miranda rights IF he wishes question you and use your statements against you later. The police have no obligation to read you the Miranda rights if they do not wish to question you. The police can use things you say against you if you volunteer them without being asked.
What is the name of the rights that the police read to you?
The Miranda rights. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You may have a lawyer. If you cannot pay a lawyer, a public defender will be provided for you."
How is self-incrimination and the Miranda rule related?
The first line of the Miranda rights is often read "You have the right to remain silent." This means that a suspect can remain silent and not say anything self-incriminating. This right comes from the 5th amendment.
What is the procedure after a suspect is in custody?
YOU have the right to remain silent anything you do or say can be used againtsyou in the court or law
What Miranda rights say do you understand these rights as i have read them to you?
An officer uses the Miranda rights anytime he takes a suspect into custody, he reads them to the suspect and asks him if he understands. If you are accused of a crime you will be read the Miranda rights. You say that you have heard the rights, that you understand them, and then you let the officer know if you want to remain silent until you have an attorney or waive the right to remain silent.
What was the constitutional issue in Berghuis v thompkins?
Fifth Amendment because within it grants us the right to remain silent and Thompkins was doing just that(remaining silent) but the court held that from now on if you want that right to be protected, you must explicitly say, " I want to remain silent." or something along those lines.
What protections are guaranteed to the people by the Fifth Amendment to the US Constitution?
The right to remain silent. You do not have to say anything, as it can be used against you.
Words to the Miranda warning say?
You have the right to remain silent; anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?
What must you be told if you are going to be arrested?
It is required by law for police to state this paragraph to you. "You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"
What do you do if a cop is at your door?
Although it may not seem right, you can simply ignore it. They cannot enter without a warrant unless they have some type of probable cause, or there is danger to an occupant inside. The "right to remain silent" applies here. You do not have to open the door or say a word to any police officer.
What constitutional rights are covered in Miranda?
The right to remain silent. 5th amendment. If your are arrested never say anything without your attorney present.
