Does a Fifth Amendment right to counsel during a military interrogation apply on its own to the military?

California, United States of America


The following excerpt is from Bonnie H., In re, 56 Cal.App.4th 563, 65 Cal.Rptr.2d 513 (Cal. App. 1997):

10 The United States Supreme Court in Davis v. United States (1994) 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 noted that although it had never considered whether the Fifth Amendment right to counsel during custodial interrogations applies on its own to the military, it proceeded on the assumption in that case that the civilian authorities construing such right would equally apply to military interrogations and control the admissibility of evidence at military trials. (Id. at p. 457, fn. *, 114 S.Ct. at p. 2354, fn. *.)

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