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To: editor-surveyor

“One can select questions that they believe do not incriminate, and answer them, without having to answer those that do.”

WRONG!!! Where did you get your law license, from a box of Lucky Charms??? Wow!!!!!


305 posted on 05/22/2013 2:43:20 PM PDT by Do Not Make Fun Of His Ears (The Buck Stops Over There.)
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To: Do Not Make Fun Of His Ears

Many courts believe this.

I am not a lawyer but can testify to the fact that question by question can be answered or denied due to the 5th.


307 posted on 05/22/2013 2:46:35 PM PDT by eyedigress ((zOld storm chaser from the west)/ ?s)
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To: Do Not Make Fun Of His Ears

You’ve obviously not ever been deposed.


320 posted on 05/22/2013 3:09:53 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Do Not Make Fun Of His Ears

He’s right:
http://nationalparalegal.edu/conlawcrimproc_public/PoliceInterrogation/WaivingFifthAmend.asp

It is important to note here that Teterman’s actions in the previous example do not prevent him from later asserting his Fifth Amendment right to remain silent regarding any future questions asked of him. The Miranda court held that the privilege is not waived “if the individual answers some questions or gives some information on his own, prior to invoking his right to remain silent.” Miranda v. Arizona, 384 U.S. 436, 476 (1966).


321 posted on 05/22/2013 3:11:21 PM PDT by discostu (Not just another moon faced assassin of joy.)
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