"If you’re faced with criminal charges and wish to remain silent, you must verbally indicate that you’re asserting your Fifth Amendment privilege against self-incrimination. By invoking these protections, suspects can end police questioning and request legal counsel. Without a clear declaration, the police may continue to interrogate a suspect who has received the Miranda warning."

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PSA: it's not enough to remain silent, you must actively invoke your right to it.

In two cases (Berghuis v. Thompkins and Salinas v. Texas), the Supreme Court decided that silence does not automatically trigger Fifth Amendment privileges (even if the suspect receives a Miranda warning). Prosecutors may also use out-of-custody suspect silence to police questioning as evidence of guilt.

ACP 🎉🍰

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