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Old July 11, 2013, 02:45 AM   #75
jimpeel
Senior Member
 
Join Date: October 11, 1999
Location: Longmont, CO, USA
Posts: 4,488
I have several questions.

If one is stopped, and the officer starts asking questions which one does not wish to answer, does one have to invoke the right time after time after time; or can one simply invoke the right in general terms such as "I am invoking my fifth amendment right to remain silent; and I will, from this point, refuse to answer any further questions."?

Also, if one may invoke on the basis above, does that invocation become null and void if one does answer any question, or have any further communication after that invocation? Does one have to re-invoke the right in general terms -- assuming that is permissible -- once again?

When one invokes their Fifth Amendment right the listener will usually take that as an avoidance due to guilt not due to innocence. So this ruling places one in the realm of damned if you do and damned if you don't. If one does invoke, they are deemed to be guilty and have something to hide; and if one does not invoke they are deemed to have waived their right to silence and assumption of innocence.
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Last edited by jimpeel; July 11, 2013 at 02:59 AM.
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