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Old August 1, 2013, 02:08 AM   #81
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,700
Quote:
Originally Posted by jimpeel
...you failed to answer the questions I posited in my post HERE

Quote:
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?
Nor do I plan to try to answer it. It's not an issue that's really addressed by Salinas, and I'm not planning to do the research into Fifth Amendment jurisprudence that would be needed to come up with a decent answer.

Quote:
Originally Posted by jimpeel
As SamNavy posted on post #2 the Miranda warning is kinda moot based upon this ruling....
Not really. That question was addressed by KyJim in post 5.
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