Legal Question in Criminal Law in California

How do you invoke spousal privilege during a criminal investigation? Spouse A is a suspect of Spouse Bs crime. The couple is gay so their descriptions match to the point of being same race and gender only.

Spouse A has an alibi. Police and DA don't know about Spouse B but are asking if Spouse A knows anything about who committed the crime. How can Spouse A invoke spousal privilege without throwing Spouse B under the bus?


Asked on 2/20/13, 3:40 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

First of all spousal privilege is a an evidentiary trial issue and does not apply to investigations.

But Spouse A does not and should not say anything.Spouse A should say, "I invoke my rights under the Fifth Amendment to say nothing." If the police ask to search Spouse A's residence or car Spouse A should say, "No, I do not consent." There is no requirement that anyone ever talk to the police or consent to a search.

Read more
Answered on 2/20/13, 8:00 pm


Related Questions & Answers

More Criminal Law questions and answers in California