When does the Fifth Amendment right attach?

The Fifth Amendment right, which includes the protection against self-incrimination, attaches during all custodial interrogations. This means that when a person is taken into police custody and is subject to questioning, they have the right to remain silent and to have legal counsel present during that interrogation process.

This right is critical to ensuring that individuals are not coerced into providing information that could be self-incriminating without being aware of their rights. The landmark case Miranda v. Arizona established that individuals must be informed of their rights before custodial interrogation begins, reinforcing the idea that the right is activated during moments of police custody and questioning, rather than at other times such as court appearances or non-custodial interviews.

In contrast, the other options do not accurately reflect when the Fifth Amendment right to counsel and protection against self-incrimination applies. For instance, it does not only apply during court appearances or restrict itself to adults, as the rights under the Fifth Amendment are applicable to all individuals regardless of age once they are in custody.