Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

You Have the Right to Remain Silent

Discussion in 'Legal & Political Archive' started by RicInOR, Jun 18, 2013.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

    Messages:
    3,895
    Likes Received:
    4,683
  2. Redcap

    Redcap Lewis County, WA Well-Known Member

    Messages:
    3,990
    Likes Received:
    2,731
    You cannot force me to say a damn thing.
     
  3. Kevatc

    Kevatc Oregon Well-Known Member

    Messages:
    1,747
    Likes Received:
    671
    Seems to reinforce the notion of never talking to the cops as well as add in the extra of actually having to invoke the 5th.
     
    Redcap and (deleted member) like this.
  4. mancat

    mancat Kitsap County Well-Known Member

    Messages:
    587
    Likes Received:
    334
    Came here to post this. What a BS ruling. You either have the right or you don't. Just because you aren't aware of that right or don't state it, doesn't mean that it doesn't exist.
     
    Galant, Blitzkrieg, RicInOR and 7 others like this.
  5. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

    Messages:
    12,895
    Likes Received:
    19,473
    Wow... I sure wish my ex-wife would exercise that right more often! ;)
     
    rgold1963 and (deleted member) like this.
  6. Brutus57

    Brutus57 Skagit County Well-Known Member

    Messages:
    3,427
    Likes Received:
    5,687
    I think I'll just give them my name, rank and serial number. :laugh:

    Brutus Out
     
    1 person likes this.
  7. nwbobber

    nwbobber Longview, Wa. Active Member

    Messages:
    206
    Likes Received:
    93
    The more problematic part of this is the judicial systems supposed ability to conjure up a story that they imagine the silence might mean, and then consider this conjured story to be evidence. The ruling appears to hold that the requirement of invocation of your fifth amendment rights, is long settled law - not new. The attorney here should have approached this from another angle, I believe, although I have no expertise.
     
  8. oknow

    oknow amboy wa. Well-Known Member

    Messages:
    3,614
    Likes Received:
    3,569
    Just act like a deaf mute and sit there and not say anything. we all know the right to remain silent use it
     
  9. rocky3

    rocky3 oregon coast Active Member

    Messages:
    243
    Likes Received:
    161
    I would say that from now on you must insist on seeing your lawyer, by spoken form. Another example of the repugs taking away your constitutional rights.
     
  10. Father of four

    Father of four Portland, Oregon Well-Known Member

    Messages:
    4,311
    Likes Received:
    1,687
    The supremes get it wrong once again. Well, 5 out of the 9 of them. Democracy inside a Republic eah?

    Soon we will probably see them ruling for gay marriage and against heterosexual marriage. 5 out of 9 anyways. :nuts:
     
  11. Father of four

    Father of four Portland, Oregon Well-Known Member

    Messages:
    4,311
    Likes Received:
    1,687
    Cruel, corrupt, sneaky misleading people want tell you.
     
  12. Father of four

    Father of four Portland, Oregon Well-Known Member

    Messages:
    4,311
    Likes Received:
    1,687
    Yep.
     
  13. Kevatc

    Kevatc Oregon Well-Known Member

    Messages:
    1,747
    Likes Received:
    671
    I was thinking the same thing but I am reminded of a friend of my wife who was stopped for suspicion of DUII. She refused to blow which is taken as an admission of guilt. She is going to court over this but I suspect that she might lose. At any rate, the penalty for blowing and failing is a lot less than refusing to blow. Maybe my example and what the SCOTUS ruled are two different things.
     
  14. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

    Messages:
    543
    Likes Received:
    289
    OK, the DUII and submission to a BAC test is known as "Implied Consent". When you sign up for your driver's license, which is not a right, you imply that you consent to a BAC test if you are stopped. If you refuse to take the test, they can revoke your license without any court action or conviction. If you do take the test, the results can be used against you to send you to jail. YOU get to decide which is worse for YOU (definitely losing your license vs MAYBE providing DUII evidence).

    Refusing to take the test does not equal an admission of guilt. It is, however, sufficient for the DMV to immediately revoke your license, because of your agreement to take the test (when you signed up for the license).

    This is entirely different than invoking your right to refuse to incriminate yourself in other matters.. This is a right that you can (and probably should) exercise whenever dealing with the police, as it rarely has a downside to it.
     
    Kevatc, parallax, jbett98 and 3 others like this.
  15. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

    Messages:
    543
    Likes Received:
    289
    When this ruling becomes commonly known to the population, I am guessing that the cooperation between witnesses and police will plummet.

    For example, if a person were to use self-defense. Before this ruling it may have been OK to give witness to the OTHER person's actions and then become silent when the cops start asking about YOUR actions.

    Under this new ruling, the smarter thing to do might be to immediately invoke your 5th and give the cops no information at all.
     
  16. Father of four

    Father of four Portland, Oregon Well-Known Member

    Messages:
    4,311
    Likes Received:
    1,687
    That is the smartest thing to do anyways. If there is any questions from a cop to you say nothing but that you are invoking the 5th Amendment. 99% of the time the cops will not say anything if they or their department is under investigation. We should be as smart to do the same.

    It sucks to live in that world but we do. The cops are not your friends. " Anything can and will be held against you in a court of law."
     
  17. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

    Messages:
    5,218
    Likes Received:
    8,781
    Once you opt for the silent finger to the cops they take it personal and treat you as such because without the right answers they will cuff you & stuff you.
    There are allot of people who don't know chit about this and self incriminate themselves without even knowing it.
    Especially if you are a CPL holder, you should research all scenarios that you think might happen and do not be afraid to ask for clarification if confused.
     
    parallax and (deleted member) like this.
  18. Redcap

    Redcap Lewis County, WA Well-Known Member

    Messages:
    3,990
    Likes Received:
    2,731
    Fixt.
     
  19. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

    Messages:
    5,969
    Likes Received:
    5,495
    Bye-bye 5th Amendment! Supreme Court Decides: Anything You Don't Say Can and Will Be Used Against You | The Daily Sheeple

    "We are collapsing into a police state, and the Judicial branch has just tipped us even further into that deep hole. It would be difficult to argue that this destruction of our freedom is not deliberate.

    The Justices of the highest court in the land don their robes, they hear these cases, and they destroy the Constitution, amendment by amendment."


    Do you think drone Americans will ever wake up from their trance/delusion/brainwashing and see that it is not poor brown people 7450 miles away that are trying to "take our freedoms?"
     
  20. Father of four

    Father of four Portland, Oregon Well-Known Member

    Messages:
    4,311
    Likes Received:
    1,687
    It is personal. They are not there to befriend you. You better take the cuff and stuff and be quiet before you open your mouth to the ones who are trained to find something about you that is illegal. Better to stay silent, go to jail, talk to your lawyer, beat the cop in court and then sue if needed.