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Self-Incrimination Right to Remain Silent

Arnall Golden Gregory LLP

Invoking the Protection of the Fifth Amendment Is Your Right and It’s the Right Thing to Do

“[A]ny lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.” – Watts v. Indiana, 338 U.S. 49 (1949) (Justice Jackson, concurring) - “Tried to take the...more

Cranfill Sumner LLP

U.S. Supreme Court Holds that a Violation of an Individual’s Miranda Rights Does Not Provide a Basis for a § 1983 Claim.

Cranfill Sumner LLP on

In a recent opinion, the U.S. Supreme Court reversed a decision by the Ninth Circuit Court of Appeals in which held that the “use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth...more

Brooks Pierce

Supreme Court Criminal Law Update

Brooks Pierce on

The United States Supreme Court has issued numerous substantive opinions in the past year on topics ranging from withdrawal from a conspiracy to searches and seizures to what constitutes a Fifth Amendment violation. This...more

Best Best & Krieger LLP

BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to Remain Silent and Privilege Against...

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the murder suspect answered...more

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