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When a person waives their Miranda rights, the 5th amendment privileges against self-incrimination are also waived. This means that a person is allowing their statements to be taken. Comments that a person makes publicly before they are in police custody can also be used in court.
What else can I help you with?
The women's suffrage movement wanted a constitutional amendment because?
The Supreme Court ruled against efforts to apply the Fourteenth Amendment to women
When does the 5th amendment apply -Basically I was busted at a bar underage but the charges were dropped soon after. I now received a subponea to testify against the bar. Can I use the 5th amendment?
No. The Fifth amendment applies to giving testimony against yourself. Since the charges against you were dropped, you have no protection against self-incrimination. You are now simply a witness to the events in or at the bar and can be forced to testify.
To what extent does the Fourth Amendment apply to businesses?
The Fourth Amendment applies to businesses to protect against unreasonable searches and seizures by the government. However, businesses do not have the same level of privacy rights as individuals.
Does the First Amendment apply to the States?
The First Amendment does not directly apply to the states; however, the courts have ruled that the states are obligated to submit to the First Amendment because of the equal protection clause of the 14th Amendment.
What does the fourth amendment not apply to?
The Fourth Amendment does not apply to situations where individuals have no reasonable expectation of privacy, such as in public places or when information is voluntarily shared with third parties. It also does not cover certain administrative searches, such as those conducted in regulatory contexts (e.g., health inspections). Additionally, the amendment does not protect against searches conducted by private individuals or entities, as it specifically limits government actions. Lastly, it does not apply to border searches, where customs officials have broader authority to inspect persons and goods.
Can the right to plead the fifth be overruled in court?
Yes, the right to plead the Fifth Amendment can be overruled in court if a judge determines that the privilege against self-incrimination does not apply in a particular situation.
How has three supreme court interpreted the fifth amendment's protection against self incrimination to apply to all persons questioned in connection with a crime?
it was a way to combat the pressures and to permit a full opportunity to exercise the privilege against self incrimination
What amendment makes the Bill of Rights applicable to the States?
The Fourteenth Amendment has been used to selectively incorporate the Bill of Rights to the states, most frequently via the Due Process Clause, although the Equal Protection Clause has also been used. An earlier Supreme Court decision prevented the Bill of Rights from being applied to the states via the Privileges and Immunities Clause.
Was the third amendment violated during the civil war?
No. The Third Amendment does not apply in time of war, only in peacetime.
Does the sixth amendment apply before the defendant has had formal hearings?
no it does not
The Right against self-incrimination is protected by which amendment to the US Constitution?
The fifth amendment applies to self incrimination in court. What it basically says is that you can not be called as a witness against yourself. You can choose to testify in your own defense but you are essentially waiving your 5th amendment right so it would no longer apply. Saying, "I plead the 5th," in court doesnt work. If you put yourself on the stand you've already waived that right. Miranda "rights" are from Miranda V Arizona and only apply when you are in custody and being interrogated. Miranda isn't covered by the constitution and it comes from case law (why I put "rights" in quotes).
Does the 4th Amendment apply to businesses?
Yes, the 4th Amendment protects individuals and businesses from unreasonable searches and seizures by the government.
