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which amendment did ernesto miranda claim had been violated while he wa…

Question

which amendment did ernesto miranda claim had been violated while he was being interrogated by the police?

the fifth amendment
the fourth amendment
the eighth amendment

Explanation:

Identify the constitutional claim in Miranda v. Arizona

Using the Miranda Rights and Custodial Interrogation knowledge points
Ernesto Miranda was arrested and interrogated by police without being informed of his right to remain silent or his right to an attorney. He signed a confession, which was used as evidence to convict him. He appealed his conviction on the grounds that his confession was obtained in violation of his constitutional protections.

Determine the specific amendment violated

Using the Fifth Amendment Rights knowledge point
The Supreme Court ruled in Miranda v. Arizona (1966) that the protection against self-incrimination requires law enforcement to advise suspects of their rights before custodial interrogation. This protection is guaranteed by the Fifth Amendment.

Answer:

  • the Fifth Amendment (Correct answer)
  • the Fourth Amendment
  • the Eighth Amendment