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Plead the fifth

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eatsubway1

Junior Member
What is the name of your state (only U.S. law)? NJ

I have a general question and I'm sure it's been asked before but I can't find a good answer.

When is it appropriate to "Plead the fifth"?

For instance if a cop has you detained and asks "have you been smoking weed?", can you respond "I plead the fifth" or does this response only work in court rooms.

Please provide some examples of when it should and should not be used.

thanks.
 


Silverplum

Senior Member
When is it appropriate to ask internet people to do your homework?

;)

What is the name of your state (only U.S. law)? NJ

I have a general question and I'm sure it's been asked before but I can't find a good answer.

When is it appropriate to "Plead the fifth"?

For instance if a cop has you detained and asks "have you been smoking weed?", can you respond "I plead the fifth" or does this response only work in court rooms.

Please provide some examples of when it should and should not be used.

thanks.
 

Dillon

Senior Member
What is the name of your state (only U.S. law)? NJ

For instance if a cop has you detained and asks "have you been smoking weed?", can you respond "I plead the fifth" or does this response only work in court rooms.

Please provide some examples of when it should and should not be used.

thanks.
i woud ask an officer, if this was a criminal investigation and if i was free to go?

if the answers are yes and no, then criminal investigation + custodial arrest (not being free to leave) = miranda warring being required

then plead the fifth, even if its a traffic criminal investigation (aka traffic stop)
 
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Ohiogal

Queen Bee
i woud ask an officer, if this was a criminal investigation and if i was free to go?

if the answers are yes and no, then criminal investigation + custodial arrest (not being free to leave) = miranda warring being required
Miranda warring?

A miranda warning is NOT the same as the idea of pleading the fifth. Keep trying though. sooner or later you will be like the monkey who writes Shakespeare -- you will get lucky. Or you will get banned.
 

Zigner

Senior Member, Non-Attorney
Miranda warring?

A miranda warning is NOT the same as the idea of pleading the fifth. Keep trying though. sooner or later you will be like the monkey who writes Shakespeare -- you will get lucky. Or you will get banned.
Please don't feed our resident monkey.
 

eatsubway1

Junior Member
even with 7 replies I don't seem to have a real response. Please don't respond unless your answering the question.

Although I'm not a law expert I don't believe my question has anything to do with a miranda warning, please save that for another thread. thanks
 

Antigone*

Senior Member
even with 7 replies I don't seem to have a real response. Please don't respond unless your answering the question.

Although I'm not a law expert I don't believe my question has anything to do with a miranda warning, please save that for another thread. thanks
You didn't get a "real response" because, we don't do homework. You're welcome
 

Zigner

Senior Member, Non-Attorney
even with 7 replies I don't seem to have a real response. Please don't respond unless your answering the question.

Although I'm not a law expert I don't believe my question has anything to do with a miranda warning, please save that for another thread. thanks
You got your REAL answer in the first response. Do your own homework.
 

Dillon

Senior Member
Miranda warring?

A miranda warning is NOT the same as the idea of pleading the fifth. Keep trying though. sooner or later you will be like the monkey who writes Shakespeare -- you will get lucky. Or you will get banned.
as you know, after miranda warning, then comes pleading the fifth, correct?

dont act dumb
 
Dillion, my friend, I know you don't know me but you should listen a bit. There are MANY senior members who have the sharp knives out for me as I deigned to challenge them, sometimes with a bit....abruptness. That problem leads me to be a bit more careful with what I write. I ALWAYS have a source for what I write and tend to not write beyond my understanding without giving a lot of qualifiers. You should do the same. It seems as though some want you dead. (In a figurative sense.)

I don't want to spend the time explaining why, but you're not quite right. Use qualifiers or look issues up on the internet (there's lots of stuff out there) and be CAREFUL and PRECISE on what you write. It will save you a lot of grief.

(Well, maybe not. At least it will give you the satisfaction to show those who think they know how they're wrong.)
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? NJ

I have a general question and I'm sure it's been asked before but I can't find a good answer.

When is it appropriate to "Plead the fifth"?

For instance if a cop has you detained and asks "have you been smoking weed?", can you respond "I plead the fifth" or does this response only work in court rooms.

Please provide some examples of when it should and should not be used.

thanks.
You can simply refuse to answer the question. You do NOT have to invoke the 5th Amendment. What you often can NOT do is lie. If you do not want to answer, be polite and say you do not want to answer the question. It is that simple.

You CAN say, "I plead the fifth," if you wish ... but ... why?
 
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