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Does a hit from NCIC grant authority to detain or make an arrest?

User Hussein
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Final answer:

The Fifth Amendment is violated by police interrogations that occur without informing individuals of their right to counsel and the right against self-incrimination. This was definitively ruled in the Miranda v. Arizona case, which established the requirement for Miranda warnings during custodial interrogations.

Step-by-step explanation:

The practice of interrogating individuals by law enforcement without informing them of their right to counsel and protection against self-incrimination does indeed violate the Fifth Amendment. This was established in the landmark Supreme Court case of Miranda v. Arizona in 1966, which brought about the requirement for what are now known as Miranda warnings. These warnings must inform a suspect of their right to remain silent, that anything they say can be used against them in a court of law, and the right to have an attorney, either at the time of the interrogation or during any future questioning.

Failure to provide these warnings effectively renders any statement or confession gained during custodial interrogation inadmissible in court unless these safeguards are demonstrated to be in place. The Miranda ruling emphasizes that custodial interrogation requires measures to protect against violations of the Fifth Amendment right against self-incrimination.

User Cegfault
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