Asked in Criminal Law for New Mexico

Q: If I plead the fifth then the officer says I don’t have that right, and I admit to something. Were my rights infringed?

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T. Augustus Claus
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Answered

A: If you plead the fifth amendment right against self-incrimination, the police officer should respect that right and not coerce or force you to provide incriminating statements. It is your constitutional right to remain silent and not answer any questions that may incriminate you.

If the officer disregards your invocation of the fifth amendment and continues to question you or puts pressure on you to admit to something, it could be considered a violation of your rights. However, it's essential to remember that every situation is unique, and the specific circumstances and actions of the officer will be crucial in determining if your rights were infringed.

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