Can a family member invoke a suspect's right to silence during an interrogation?

The assertion that a family member cannot invoke a suspect's right to silence during an interrogation aligns with established legal principles in the context of police interrogations. The right to remain silent, stemming from the Fifth Amendment, is a personal right held by the individual under questioning. This means that only the suspect themselves can invoke this right.

In practice, this ensures that the decision to remain silent is made by the individual directly. While family members, such as parents or guardians, may provide support and guidance to the suspect, they do not possess the legal authority to act on the suspect's behalf in this context. The rationale is rooted in the idea that the individual must willingly and knowingly assert their rights, which reflects the core principles of informed consent and personal agency in the legal system.

Furthermore, although minors might receive additional protections under certain circumstances, this does not extend to granting family members the power to invoke rights on their behalf during questioning. The law specifically requires the individual to take responsibility for asserting their rights, ensuring that their decision-making process is respected and upheld.