4 ms·
“Upon arrest” is doing a lot of work here. BEFORE an arrest, the 5th must be explicitly invoked, perhaps only if you have answered some other questions though.
by filoeleven 3y ago
“Upon arrest” is doing a lot of work here. BEFORE an arrest, the 5th must be explicitly invoked, perhaps only if you have answered some other questions though. See the case law I linked.
The 4th (unreasonable search and seizure) is generally clearer, but I don’t know how it works online “stop and ID” states. IMO those laws are unconstitutional, but I haven’t looked into it because I don’t live in one.