What is the test for invoking the Fifth Amendment privilege?
California, United States of America
The following excerpt is from People v. Barrow, 131 Cal.Rptr. 913, 60 Cal.App.3d 984 (Cal. App. 1976):
Words or conduct which reasonably appear inconsistent with a present willingness on the part of the suspect to discuss his case freely and completely with police at that time amount to an invocation of the Fifth Amendment privilege. (People v. Burton (1971) 6 Cal.3d 375, 382, 99 Cal.Rptr. 1, 491 P.2d 793; People v. Randall (1970) 1 Cal.3d 948, 956, 83 Cal.Rptr. 658, 464 P.2d 114.)
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