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When does an officer start preparing preliminary investigation?

1 Answer

3 votes

Final answer:

Interrogating individuals without notifying them of their right to counsel and protection against self-incrimination violates the Fifth Amendment, as established by cases like Miranda v. Arizona and others.

Step-by-step explanation:

The police practice of interrogating individuals without informing them of their right to counsel and their protection against self-incrimination indeed violates the Fifth Amendment. The Fifth Amendment provides protections for individuals against self-incrimination and ensures the right to due process, including the right to legal counsel during interrogations. The landmark case Miranda v. Arizona established the requirement for police to advise suspects of their Miranda rights, which include the right to remain silent and the right to an attorney, before an interrogation begins.

Failure to provide these warnings effectively strips individuals of their Constitutional protections during custodial interrogations. As demonstrated in cases like Escobedo v. Illinois, Westover v. United States, and California v. Stewart, the absence of such advisement led to inculpatory statements being deemed inadmissible in court. Therefore, it is crucial for law enforcement officers to adhere to this aspect of the Fifth Amendment to ensure that evidence collected is lawful and usable in court.

User Tim Ernsberger
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