• cheese_greater@lemmy.world
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    1 year ago

    Im referring more to places where you don’t technically have the right to have the lawyer sit in the interview nor is there a hard and fast 5th amendment. Like you don’t have to talk but they’re basically allowed to verbally pull teeth once a phone call with a lawyer is completed (where they just read “don’t say anything” remotely and hang up on you)

    • Drusas@kbin.social
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      1 year ago

      I’m not the person you replied to, but I am confused as to what you mean. You don’t have to invoke the fifth amendment in order to not speak with police (the fifth amendment is more used in court), but you always have the right to have an attorney present when speaking with police in the US.

      • commie@lemmy.dbzer0.com
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        1 year ago

        You don’t have to invoke the fifth amendment in order to not speak with police

        courts have found that simply being silent can be a confession. you must explicitly state you are exercising your right to be silent.

      • NoIWontPickaName@kbin.social
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        1 year ago

        You have to actively and affirmatively express you want a lawyer and to remain silent for it to count.

        Just being quiet or saying something like “I “think” I need a lawyer has been ruled not to count.”