Found an issue on this page? Let us know and we will look into it as soon as possible.
Does the right to remain silent during a police stop apply to witnesses?
Anonymous8 views4 answers
Attorneys make it quite clear never to speak with police directly when stopped and under Salinas even advise you to clearly assert your 5th amendment rights.
What happens when you invoke your rights during detention but police coerce your friends to speak? They usually threaten to charge the witness/friend with obstruction of justice, interfering with police, or even accessory.
Can they do this if you remain silent and keep asking if you are free to leave? I am asking this because the 5th & 6th amendment only protects against self incrimination and the right to counsel when being accused of a crime. If they can it would seem like a catch 22 since they were right beside you and saw everything.
The fifth and sixth amendment apply to everyone. It makes absolutely no difference whether you are a defendant or a witness.You are confusing legal theory with the realities of police tactics. Police often threaten coerce, and try to make people believe that if they don't talk things will only be worse for them.Police can be very intimidating and it is not easy to ignore a police officer or detective when they are threatening deportation, or taking your kids away or arrest of you or your loved ones. Such coercive tactics violate the constitution. , A person has no legal duty to cooperate with the police or speak with the police.
The difference is that in your scenario the witnesses are potentially incriminating you not themselves. Police can't force anybody to speak to them with certain exceptions. If a witness is "coerced" to speak then during a trial that issue can be explored through cross examination by the attorney
Anyone can refuse to answer the questions of a polie officer or even a Federal Agent. Whether their refusal is based on the 5th Amendment or not is an issue which can be determined by a Court. The only time one must explain his reason for not answering is when one is examined under oath.
