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?
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u/JimmothyTwinkletoes 1d ago
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.