What is the Fifth Amendment privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Storm, 124 Cal.Rptr.2d 110, 28 Cal.4th 1007, 52 P.3d 52 (Cal. 2002):

"The privilege against self-incrimination provided by the Fifth Amendment of the federal Constitution is protected in `inherently coercive' circumstances by the requirement that a suspect not be subjected to custodial interrogation unless he or she knowingly and intelligently has waived the right to remain silent, to the presence of an attorney, and, if indigent, to appointed counsel. (Miranda, supra, 384 U.S. 436, 444-445, 473-474 [86 S.Ct. 1602]; see Dickerson v. United States [(2000)] 530 U.S. 428, 439-40 [120 S.Ct. 2326, 147 L.Ed.2d 405] [(Dickerson)]....) `If a suspect indicates "in any manner and at any stage of the process," prior to or during questioning, that he or she wishes to consult with an attorney, the defendant may not be interrogated. (Miranda ..., supra, ... at pp. 444-45 ... [86 S.Ct. 1602]; id., at pp. 470, 472-474, 477-479 [86 S.Ct. 1602] [citations].)' [Citation.]

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