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See my other reply: https://news.ycombinator.com/item?id=38661768 https://news.ycombinator.com/item?id=38661768 Yes, it means explicitly saying “I invoke my 5t
by filoeleven 3y ago
See my other reply: https://news.ycombinator.com/item?id=38661768 https://news.ycombinator.com/item?id=38661768
Yes, it means explicitly saying “I invoke my 5th amendment right.” Generally, if you’re being interviewed, this is surprisingly less of an issue, because you’ve already been read your rights, and the interview will be recorded (theoretically, they can disappear sometimes).
This applies to situations BEFORE an arrest, but you may have already been detained. (The 4th amendment and court precedent has more to say about this, but it’s an aside if you aren’t subject to it.)
If it’s your word against the police, with no recording or some other overwhelming evidence, you will lose in a US court. Police body cams help a lot here, but it’s still best to record every police interaction yourself. It’s an unfortunate situation.