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You most certainly can clam up halfway through a conversation, and the fact that you did cannot be used against you in a criminal trial. It's a common (but not
by Zak 5y ago
You most certainly can clam up halfway through a conversation, and the fact that you did cannot be used against you in a criminal trial. It's a common (but not mandatory) part of the Miranda warning that a person being questioned in custody can stop answering questions at any time.
https://en.wikipedia.org/wiki/Miranda_warning https://en.wikipedia.org/wiki/Miranda_warning
- CapitalistCartr 5y agoThat has not always worked out. For instance, "clamming up" in the midst of questioning, but not verbally invoking your right to remain silent has been used against a defendant. The entire process is a minefield which is only avoided by immediately stating your rights, and not cooperating with the police at all. Unfortunately, in the USA, treat the police as a third-world country.
- colinmhayes 5y agoThis isn't how the rulings involving phone passwords has worked out. The supreme court has not ruled on this question so each state has its own interpretation of the fifth amendment here. Some states have found that the fifth amendment provides no protection for passwords, others have found that the fifth amendment does protect passwords, but only if you have refused to give any evidence from the locked device. Once you give some evidence from the device I believe every state says you can be forced to give up your password.