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Posts tagged "Fifth Amendment"

Miranda Warnings and Custody When the Cop Takes Your Keys.

An appeals case out of Eastland entitled Steadman v. State involved Fifth Amendment concerns.  Allowing the officer to testify that the defendant neither admitted nor denied allegations against him was not a Fifth Amendment rights violation.  Also, it was not improper for the prosecutor to argue to the jury that the defendant did not deny the allegations against him.  "The law is somewhat unsettled in this area, but we do have some guidance."  Although the case involved post Miranda Warnings silence, the Texas Court of Criminal Appeals has stated that 'pre-arrest silence is a constitutionally permissible area of inquiry'.  In another case, while the court found it unnecessary to address the question of the admissibility of pre-arrest silence, it did note that there were those federal courts of appeals that had held that pre-arrest silence is admissible.  It also noted that there were other federal courts of appeals in which the opposite result was reached.

Probation and Polygraph Examinations in Sex Cases

In Ex Parte Dangelo, a case out of the Fort Worth Court of Appeals, the defendant had a Fifth Amendment right not to answer proposed polygraph examination questions about whether, since being on probation, he had sexual contact with minors.  The question asked about independent crimes rather than mere community supervision violations.  The following are the polygraph questions asked of the defendant:

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