how can a cop violate my 5th amendment rights?

Answer 1

There are lots of different way. It's not only The right not to testify against yourself. There is also The right not to be deprived of life, liberty, or property without due process of the law. SO if a cop pulls you over and searches your car and steals something from the trunk. That is a 5th Amendment violation. "Nor shall private property be taken for public use without just compensation"
There are so many ways in fact that I cannot list examples here. Try doing a search on U.S. District courts opinions. and U.S. circuit courts of appeals opinions.
Be prepared to do a lot of reading. Cops love to violate the 5th Amendment so there are many many cases.
If you cannot find these sites email me and I will help you. ( I have not looked at these in over a year)

Answer 2

Okay,
In a nut shell you have the right to remain silent and the right to an attorney..........just like on Law and Order.

The 5th pertains to in custody interviews (for the most part where Police are involved). So I can walk up to you on the street and ask you what time it is and if you tell me you want a lawyer I'm going to know you're either up to something or high.

The 5th gets violated the most by denying someone in custody of an attorney when you are asking them questions. If you are not questioning them then they don't need a lawyer. The right to remain silent is another way. If someone invokes their right to remain silent then the police must "scrupulously honor" that right. What that means is that the police can come back to you later and ask you questions again.

Of course people can waive their 5th Amendment Rights and do it all the time.

Actually unlawful searches and seizures are 4th Amendment violations not 5th. LEOs don't love to violate anyone's rights.

Answer 3

What aspect of the 5th amendment?

Due process. You can be held on suspicion for a period of time without a charge. If you have a lawyer, things tend to get moved along faster than if left up to the police since their interest is getting all the information (or a confession). If a police office exceeds the boundries (and some do) then you have to take them to court. The government must officially charge you with a crime to make you answer for it. In other words, they have to have a good reason to keep you in their custody – the police cannot throw you in jail indefinitely without charging you with a crime and seeing it through to trial. ** Please note that this situation has changed significantly with passage of the USA Patriot Act, and the detention of “enemy combatants.” However, these types of detentions are currently being fought in court on the basis of 5th Amendment Due Process challenges.**

Double Jeopardy – you cannot be tried twice for the same offense. Unlike what was depicted in the Ashley Judd movie entitled “Double Jeopardy,” it does NOT mean that if you are convicted of killing someone, but didn’t really do it, that you can get out of jail, kill that person, and get off. The crime in question is the SAME crime – same person, same date, same time, same place, same manner.

Self-Incrimination: “I plead the fifth!” means as a defendant, you do not have to testify at all and you do not have to give any information that might be used against you. You have the right to remain silent.

The government cannot take your life (as in the death penalty), your freedom (lock you up or detain you), or your stuff without going through fair procedures that help to make sure you are being treated fairly and are given a chance to give your side of the story.

The government can take your property (like the land on which your house sits) for a public purpose like constructing a park or road, but they have to pay you a fair price for it.

Answer 4

He can't,you give up that right as soon as you start answering questions.
The 5th. prohibits self incrimination,you can have a lawyer present even if a cop just asks you for the time of day.
As soon as you ask for a lawyer,the police must stop asking questions until your legal representative is present,this does not include a prosecuting attorney.

Answer 5

By tricking you into giving up your 5th amendment rights. Case in point, you don't have to testify against yourself, but cops often badger and provoke suspects into confessions through decide or intimidation.

Answer 6

if s/he does anything to violate this text:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Answer 7

In general, by interrogating you in a custodial situation without advising you that anything you say may be used against you. There are a lot more specifics involved, but that's the gist of it.

Answer 8

5th amendment is about self-incrimination.
No Officer is going to do a custodial interview with you without advising you of your Miranda rights first. (Our Department does it twice with witnesses)
If you say something that incriminates you after being mirandized...it's admissable.

Answer 9

if you ask to speak to an attorney, and he continues to question you.

if he listens to a private phone conversation.

if he threatens you.

etc etc.

Answer 10

i would consult an attorney and not discuss this on yahoo answers.