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Do you have to notify suspect of audio/ visual recording?

User Zolbayar
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Final answer:

Police must notify suspects of their right to counsel and protection against self-incrimination due to the Fifth Amendment. Failing to provide Miranda warnings before interrogation violates the suspect's rights and can make any confession inadmissible in court.

Step-by-step explanation:

Notification of Rights during Police Interrogation

The question pertains to the requirement for police to notify suspects of their rights to counsel and protection against self-incrimination during an interrogation, a directive that stems from the landmark Miranda v. Arizona case of 1966. The Fifth Amendment of the U.S. Constitution provides protection against self-incrimination, which implies that during custodial interrogations, law enforcement officials must inform the suspect of specific rights, collectively known as Miranda rights. Failure to notify the suspect of these rights before questioning violates the Fifth Amendment and can result in any self-incriminating statements being inadmissible in court. The Miranda rights inform the suspect that they have the right to remain silent, that anything they say can be used against them in a court of law, that they have the right to consult with an attorney and to have one present during interrogation, and, if they cannot afford one, an attorney will be appointed to represent them.

Consequently, if police officers question suspects without notifying them of these rights, it can be considered a violation of the Fifth Amendment. Moreover, several court cases, such as Berghuis v. Thompkins and Salinas v. Texas, have provided further clarity on issues related to the invocation of the right to remain silent and the necessity for suspects to unambiguously invoke their Fifth Amendment rights.

User Ivan Kvyatkovskiy
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