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.
Yes, absolutely. You do have to say that. You don’t have to expressly invoke the fifth amendment. You have to invoke your right to be silent. These are two separate things.
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.
courts have found that simply being silent can be a confession. you must explicitly state you are exercising your right to be silent.
Yes, absolutely. You do have to say that. You don’t have to expressly invoke the fifth amendment. You have to invoke your right to be silent. These are two separate things.
Which is absurd when the right is to be silent.
Welcome to the US justice system.
your right against self incrimination includes a right to be silent. it’s not separate: it’s inclusive
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.”
Yes, that is what I said.