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0 pointsgeggam9y ago0 comments

Disagree.

Lefkowitz v. Turley, 414 U.S. 70, 77 (1973) the Fifth Amendment “not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution, but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings

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pc869y ago

You have no such protection if you won't be incriminated by the answers (e.g. they are asking you about someone else). You can of course be involuntarily called as a witness in proceedings where you're not being prosecuted.

roninb9y ago

AFAIK, (and IANAL), you would have to be certain the questions did not incriminate you. In other words, "pc86, were you or were you not on your couch May the 5th at 8PM EST?" "I plead the fifth." "Your honor, this doesn't incriminate the witness." "pc86, you must answer the question because it is non-incriminating." And of course if it was incriminating, the appellate lawyers would win resoundingly.

Logically, it would follow that if you don't know what a question IS, you can 'plead the fifth' to it on the basis that it could be incriminating. But again, IANAL.

geggamOP9y ago

You however do not have to talk to the police. Ever.

You shouldn't either. They are not your friend.

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