What is the current state of the law regarding the privilege of the Fifth Amendment privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Carrasco, G048592 (Cal. App. 2014):

"To protect the Fifth Amendment privilege against self-incrimination, a person undergoing a custodial interrogation must first be advised of his right to remain silent, to the presence of counsel, and to appointed counsel, if indigent. [Citation.] As long as the suspect knowingly and intelligently waives these rights, the police are free to interrogate him. [Citation.] However, if, at any point in the interview, the suspect invokes his rights, questioning must cease. [Citations.] Statements obtained in violation of these rules are inadmissible to prove guilt in a criminal case. [Citations.]" (People v. Stitely (2005) 35 Cal.4th 514, 535 (Stitely).)

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