Index/Organizations/Fifth Amendment to the United States Constitution

Fifth Amendment to the United States Constitution

1791 amendment enumerating due process rights

Fact-Checks

8 results
Jan 16, 2026
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When can police or federal agents lawfully demand identification under the Fourth Amendment?

Police and federal agents may lawfully demand identification when the encounter rises to a lawful Terry stop—that is, when officers have reasonable, articulable suspicion of criminal activity—because ...

Nov 26, 2025
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Do immigrants have the right to remain silent during ICE interrogations?

Immigrants in the United States — including undocumented people — are routinely told they “have the right to remain silent,” and multiple immigrant‑rights organizations and legal aid groups instruct p...

Dec 13, 2025
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What are the legal standards and evidentiary thresholds for indictments in federal grand juries versus state grand juries?

Federal grand juries decide indictments on the probable-cause standard and by Rule 6 require 16–23 members with at least 12 concurring votes to return an indictment . States vary: the Fifth Amendment’...

Nov 19, 2025

What is the difference between a grand jury indictment and a criminal complaint?

A criminal complaint is a prosecutor-filed sworn document or affidavit that a magistrate judge can use to authorize arrest and begin federal proceedings; it means a grand jury has not yet reviewed pro...

Jan 19, 2026

How have courts interpreted compelled identity disclosures after the U.S. Supreme Court’s Hiibel decision and related rulings?

The Supreme Court in Hiibel upheld a Nevada “stop-and-identify” law, ruling that a suspect can be compelled to disclose his name during a Terry investigatory stop when the disclosure is not reasonably...

Jan 18, 2026

What do investigators say about the role of on-scene videos in determining use-of-force cases involving federal agents?

Investigators say on-scene videos are indispensable tools that can clarify timing, positioning and motion in federal use-of-force cases, but they are not definitive on their own and must be correlated...

Dec 4, 2025

What legal rights and remedies do immigrants have after nonconsensual strip or cavity searches by ICE?

Immigrants have constitutional protections against unreasonable searches and seizures—the Fourth Amendment applies to many ICE interactions—but courts and agencies treat ICE “administrative” practices...

Nov 28, 2025

What are the rights of US citizens to remain silent during ICE questioning at home?

U.S. constitutional protections — including the right to remain silent under the Fifth Amendment — apply to “all persons in the United States,” and many legal-aid, immigrant-rights and law-firm guides...