4 ms·
I don't know if this flowchart is intended as a practical guide so much as it is a statement on how difficult and complicated it is to actually invoke the 5th a
by rcthompson 11y ago
I don't know if this flowchart is intended as a practical guide so much as it is a statement on how difficult and complicated it is to actually invoke the 5th amendment.
- tptacek 11y agoIt's not complicated in the common case. Look at the flowchart again. "If an agent of the government is questioning you, then, to each question, state that you are invoking your Fifth Amendment right and then do not answer the question".
- nickpsecurity 11y agoExactly. The flowchart is mainly about potential for deviations and corner case crap (Miranda). I mentally reduce it to this: If question, then assert Fifth Amendment and Lawyer. If search request, assert Fourth Amendment and Laywer where request isn't an allowed exception. Either way, repeatedly ask if you're free to go. And be respectful in attitude for best results. Eventually, they let you go, ticket you, hold you, or charge you.