- Messages
- 152
- Reactions
- 91
To start: IANAL
The video linked in the post directly above yours gives at least a dozen ways it could hurt.
That's the thing about constitutional rights: exercising them does not constitute reasonable suspicion (let alone probable cause). The police are welcome to think whatever they want (whatever a "rational thinking person" would think), but they are absolutely not justified in treating someone like a criminal if that person has not done anything demonstrably illegal.
Check out State v. Casad (non precedential, but mainly because the principles contained within are already well established) and US v. Black just to get started.
Sent from a phone; typos likely
...All I was saying is if your [sic] a law biding citizen what does it hurt to answer a couple of questions and be done with it and on your merry way...
The video linked in the post directly above yours gives at least a dozen ways it could hurt.
...but when your [sic] on the defences from the first words out of your mouth are " I take the fifth amend and I want a lawyer" what choice can a rational thinking person have what is this person up to he was asked " do you have a lawyer I can call and find out if that gun is loaded". In my opinion he was treated like he should have been a criminal because he was acting like he had something to hide!...
That's the thing about constitutional rights: exercising them does not constitute reasonable suspicion (let alone probable cause). The police are welcome to think whatever they want (whatever a "rational thinking person" would think), but they are absolutely not justified in treating someone like a criminal if that person has not done anything demonstrably illegal.
Check out State v. Casad (non precedential, but mainly because the principles contained within are already well established) and US v. Black just to get started.
Sent from a phone; typos likely
Last Edited: