4th 5th 6th Amendments In Houston
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It is a fundamental tenet of Texas and federal constitutional jurisprudence that every person has the right to avoid self-incrimination by exercising the privilege provided him by the Fifth Amendment and the Texas Constitution.
The Texas Constitution is one of the longest in the nation and is still growing. As of 2024 (the 88th Legislature), the Texas Legislature has proposed a total of 714 amendments. Of these, 530 have been adopted, and 181 have been defeated by Texas voters, and three amendments never made it to the ballot.
These amendments include the fourth, fifth, sixth, eighth, and the fourteenth amendments. Their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes. The Fourth Amendment protects people from unreasonable searches and seizures without a warrant.
An amendment to the Texas Constitution proposed by an adopted joint resolution requires approval by Texas voters at a general election. The secretary of state conducts a drawing to determine the order in which the proposed constitutional amendments will appear on the ballot.
In a more formal setting, such as a deposition or hearing, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
The amendment process is very difficult and time consuming: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
At trial, an individual may “invoke the Fifth” by declining to testify in their own defense, and the prosecution may not comment on such a decision.
The Texas Constitution provides that the legislature, by a two-thirds vote of all members of each house, may propose amendments revising the constitution and that proposed amendments must then be submitted for approval to the qualified voters of the state.
“I'm taking the 5th and 6th amendment. I will remain silent until after I speak with my attorney.” Then, remain silent. If you are lawfully detained, you can tell the officer your name, address, and date of birth without waiving your rights.
