What is the test for invoking the Fifth Amendment privilege?
California, United States of America
The following excerpt is from People v. Simmons, F065631 (Cal. App. 2014):
"In order to invoke the Fifth Amendment privilege after it has been waived, and in order to halt police questioning after it has begun, the suspect 'must unambiguously' assert his right to silence or counsel." (People v. Stitely (2005) 35 Cal.4th 514, 535, quoting Davis v. United States (1994) 512 U.S. 452, 459, italics omitted.) The request must be sufficiently clear "that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney." (Davis v. United States, supra, at p. 459.) "It is not enough for a reasonable police officer to understand that the suspect
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