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by wmidwestranger 924 days ago
In court, you must assert your right to not testify against yourself.

Upon arrest, you're not obligated to speak or answer anything.

The police are not officers of the court, nor involved in court proceedings during their interactions with the public, so there is no expectation or explicit penalty for not answering. In court, while being questioned, you're compelled, under penalty of perjury, to testify in full and truthfully unless there is a reason you can or may not:

> Do you solemnly (swear/affirm) that you will tell the truth, the whole truth, and nothing but the truth?

3 comments

“Upon arrest” is doing a lot of work here. BEFORE an arrest, the 5th must be explicitly invoked, perhaps only if you have answered some other questions though. See the case law I linked.

The 4th (unreasonable search and seizure) is generally clearer, but I don’t know how it works online “stop and ID” states. IMO those laws are unconstitutional, but I haven’t looked into it because I don’t live in one.

> Don't talk to the police: Regent Law Professor James Duane gives viewers startling reasons why they should always exercise their 5th Amendment rights when questioned by government officials.

https://www.youtube.com/watch?v=d-7o9xYp7eE

> In court, while being questioned, you're compelled ... to testify

To be clear, not if you're the defendant.