News & Analysis as of

Fifth Amendment 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

Rodemer Kane Attorneys at Law

Miranda Rights - Everything You Need To Know

When watching television shows about police officers or crime, most people have heard about Miranda rights. In the United States, police and crime shows have consistently made up around 20% of all television show broadcasts....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

Thomas Fox - Compliance Evangelist

Miranda Rights and Instituting a Broader Supply Chain Risk Management Program

On of the most well known of all criminal procedural rights was established by the US Supreme Court on this day in 1966, when the Court handed down its Miranda v. Arizona decision. It established the legal principle that all...more

Dorsey & Whitney LLP

Another SEC Insider Trading Case: Does it Comply With Newman?

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The SEC continues to bolster its allegations regarding the relationships between tipper and tippee in insider trading cases as well as the knowledge of the tippee. Whether those allegations will be sufficient to meet the...more

Brooks Pierce

Supreme Court Criminal Law Update

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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

Manatt, Phelps & Phillips, LLP

Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double...more

Baker Donelson

Miranda Eviscerated: How Your Silence During a Government Interview Could Be Used Against You

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Can your silence be used against you in a criminal proceeding? Most of us would assume that it cannot because of the Fifth Amendment to the U.S. Constitution and case law interpreting it....more

BakerHostetler

Silence Isn't Always Golden in Government Investigations: Bracing for The Impact of the Supreme Court's Decision in Salinas v...

BakerHostetler on

On June 17, 2013, the Supreme Court of the United States issued an opinion with important implications for anybody who wishes to remain silent when interviewed in connection with a criminal investigation whether they know it...more

Gray Reed

Top Reasons For Not Talking To An IRS Special Agent

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The Fifth Amendment provides that “[n]o person…shall be compelled in any criminal case to be a witness against himself….”...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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