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Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
Mitchell v. United States, 526 U.S. 314 (1999), is a United States Supreme Court case that considered two Fifth Amendment privileges related to a criminal defendant’s rights against self-incrimination in a Federal District Court.
The Fifth Amendment is not violated by the use of prearrest silence to impeach a criminal defendant's credibility. Court membership; Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens: Case opinions
A leading case on the right to silence in Canada is R. v. Singh, where a person in police custody invoked his right to silence 18 times yet was continually questioned. In a 5–4 majority, the Canadian Supreme Court ruled that there was no ancillary right under section 7 to have the police stop questioning a suspect after the asserted their ...
In that case, a police officer was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his Fifth Amendment right to silence. A typical Garrity warning (exact wording varies between state and/or local investigative agencies) may read as follows:
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Fifth Amendment and Civil Rights Act of 1964: United States v. Miller (1976) 425 U.S. 435 (1976) Fourth Amendment regarding financial information Hampton v. United States: 425 U.S. 484 (1976) Entrapment and drug distribution Estelle v. Williams: 425 U.S. 501 (1976) Trying a criminal defendant while he is clad in prison garb violates due process
After a detective re-opened the 1998 cold-case murder of Andrea Cincotta in Virginia, she accused Cincotta’s former fiancée of hiring someone to kill her, a new federal lawsuit says.