International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

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Did the officers violate Jordan's 5th Amendment rights when they questioned him after he invoked them?

  1. Yes, they violated his rights by continuing to question him

  2. No, because he was free to leave

  3. Yes, but only if he did not re-initiate contact

  4. No, it was allowed since he had a new lawyer

The correct answer is: Yes, they violated his rights by continuing to question him

The option stating that the officers violated Jordan's 5th Amendment rights by continuing to question him after he invoked those rights is accurate because the Fifth Amendment provides individuals with the right to refrain from being compelled to testify against themselves. This right is particularly relevant in custodial interrogation settings. When a suspect asserts their right to remain silent or requests an attorney, law enforcement officers are required to respect that invocation. Continuing to engage with the individual regarding the subject matter of the interrogation after such an invocation can lead to a violation of those rights, as the individual may feel pressured or coerced into providing information against their will. This principle ensures that individuals are not subjected to further interrogation when they have clearly asked to exercise their constitutional rights. In this context, it is important to recognize that even if Jordan was technically free to leave, his initial invocation of the Fifth Amendment would still prohibit officers from continuing questioning unless he voluntarily re-initiated the conversation. This safeguard underscores the essence of protecting individuals during interactions with law enforcement, particularly ensuring they do not unwittingly waive their rights after having invoked them.