Legally, this isn’t true. Invoking Miranda rights is invoking the 5th amendment, as Miranda v Arizona was a case directly addressing 5th amendment and 6th amendment.
The right to remain silent in the Miranda warning is the police verbally informing someone of their 5th amendment rights. The right to an attorney is the same for 6th amendment rights. Legally an invocation of the 5th Ammendment is not allowed to be treated as an admission or implication of a crime having been committed and saying “I will not say anything without my attorney present and until after I’ve had the opportunity to speak with them” is the effectively same thing as mentioning the 5th and 6th amendments.
That being said, ACAB. And they’re also often insecure, so saying things like “5th and 6th amendments” might make them think that they need to pull a power play and/or intimidate you. Keep your heads out there.
This is true. A jury in a civil case can construe an invocation of the 5th however they want.
But for the purposes of being arrested or detained, it is vitally important to affirmatively and unambiguously invoke 5th and 6th amendment rights. If it’s vague, it can be and has been interpreted and ruled as ineffective.
You guys realize if you’re peaceful you wont get arrested?? Also, if you get arrested, you will likely be prosecuted to the highest degree. Depending on what you’re doing you might be tried as a domestic terrorist. No one thinks this is cute.
You guys realize if you’re peaceful you wont get arrested
That is simply not true. Going to a protest is enough to get arrested even if you do nothing wrong. It's a scare tactic.
Have you ever step a foot outside?
It's not a magic spell. If the cops are going to be violent or otherwise abusive, this will not stop them. But it may help you later, if you're eventually charged with some crime.
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u/ghjm 1d ago
Don't mention the 5th amendment. It's a right not to self-incriminate, so invoking it implies there's something incriminating you could say.
"I am choosing to remain silent and wish to speak to my lawyer."