Right to Remain Silent

Exception for initiation

Invoking a Fifth Amendment right to counsel generally means that an individual cannot be interrogated without a lawyer present. However, the Fifth Amendment will not protect statements made if an individual initiates the conversation. A simple example of this would be if a suspect invokes his Fifth Amendment right to silence, and then later approaches a police officer and informs him that he would like to confess to a crime. In such a situation, although the individual previously invoked his right to silence, he has then waived his right and his statements will be admissible.

One must remember that the initiation must be clearly voluntary. For example . . .

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Page last updated: 2/17/2007
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