Fifth Amendment to the United States Constitution

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The Californian equivalent is article I, sections 15 and 24.

Text

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Grand jury clause

Double jeopardy clause

Self-incrimination clause

Accordingly, the amendment prohibits the direct or derivative criminal use against an individual of “testimonial” communications of **648 an incriminatory nature, obtained from the person under official compulsion. (Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty. (2004) 542 U.S. 177, 189–190, 124 S.Ct. 2451, 159 L.Ed.2d 292; Chavez v. Martinez (2003) 538 U.S. 760, 766–767, 123 S.Ct. 1994, 155 L.Ed.2d 984 (Chavez ); Hubbell, supra, 530 U.S. at pp. 34–38, 120 S.Ct. 2037; Pennsylvania v. Muniz (1990) 496 U.S. 582, 593–596, 110 S.Ct. 2638, 110 L.Ed.2d 528 (Muniz ).)

People v. Low (2010) 49 Cal.4th 372

Other References

Wikipedia