Question

How is the privilege against self-incrimination invoked prior to arrest?

a) Verbally stating "I invoke my Fifth Amendment right."

b) Remaining silent.

c) Both a and b.

d) Neither a nor b.

Answer 1

The privilege against self-incrimination can be invoked prior to arrest by both verbally stating 'I invoke my Fifth Amendment right' and remaining silent.

Step-by-step explanation:

The privilege against self-incrimination can be invoked prior to arrest by both verbally stating "I invoke my Fifth Amendment right." and remaining silent.

The right to remain silent does not exist unless a suspect invokes it unambiguously, as established in the case of Berghuis v. Thompkins.

Additionally, according to the case of Salinas v. Texas, the Fifth Amendment's protection against self-incrimination does not apply to questions asked by law enforcement before arrest or Miranda warning. Instead, to invoke the privilege against self-incrimination, a person must expressly invoke it and not merely remain silent.