That’s what Scalia argued but that’s not what the majority opinion says. They explicitly say you always have the ability to plead the fifth and have it not be used as evidence. And it’s true. You never have to self incriminate.
Comment on Why is having a lawyer present during police interviews "opt in" rather than "opt out"?
JeremyHuntQW12@lemmy.world 1 week agoThe 5th amendment only applies before arrest and during court. You still have the right to silence after arrest, that is a common law right.
Salinas volunteered to go to the police station (he wasn’t arrested), so he had no common law right to silence.
roguetrick@lemmy.world 1 week ago
fodor@lemmy.zip 1 week ago
Of course what you wrote is not what it actually says in the Bill of Rights.