You Have the Right to Remain Silent

[Father of four]

Fixt.

Not my enemy but for sure not my friends.

 

[oknow]

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.

it would still be ok if you were helping yourself, like if you saw the bg throw something in the bushes where the cops might not look.

 

[pchewn]

it would still be ok if you were helping yourself, like if you saw the bg throw something in the bushes where the cops might not look.

But the point is, under this new ruling: If you start off helping the police by saying the bg did this and that, the bg threw something in the bushes... And then Later in the interview when they ask you "did you shoot the bg?" If you become silent, they CAN USE THAT AGAINST YOU IN COURT TO HELP PROSECUTE YOU.

However, (with this new ruling) if you say "I invoke my 5th amendment right" and then stop answering questions, they cannot use that in court to help prosecute you.

This is totally insane! Do I have to say "I'm invoking my 1st amendment right" every time you want to pray? No, you just do it!

 

[oknow]

But the point is, under this new ruling: If you start off helping the police by saying the bg did this and that, the bg threw something in the bushes... And then Later in the interview when they ask you "did you shoot the bg?" If you become silent, they CAN USE THAT AGAINST YOU IN COURT TO HELP PROSECUTE YOU.

However, (with this new ruling) if you say "I invoke my 5th amendment right" and then stop answering questions, they cannot use that in court to help prosecute you.

This is totally insane! Do I have to say "I'm invoking my 1st amendment right" every time you want to pray? No, you just do it!

Yea I can see how them not finding a gun hidden in the bushes can help you prove self defense.

 

[RicInOR]

This ruling will take a while for all the police and prosecutors to evaluate.

It is a fundamental shift - the Bill of Rights really are expressed limits on the State - they are not declared rights of the individual.

Individual rights are bestowed by our creator ( and if you don't believe in God, then they come from the fact we are a part of nature and have evolved.) These rights are not given to us by a piece of paper, a court, a leader, nor even taken by us the people. They are natural. They are not ignored, forgotten or set aside for the poor, uneducated, intoxicated or stupid.

Now the state has rights and we have to claim ours. No. The fundamental part that makes America America, is that the Individual has rights, and we give up some to the State so that we can all live together in peace - to pursue pretty girls (um happiness). The State must never be in a position to hand out favors (rights).

I wouldn't be surprised to see some movement to have laws passed stating to the effect that remaining silent or becoming silent is the same as declaring / reminding the State or our natural rights as expressed in the Constitution. Even groups I wouldn't normally expect to be on the same side with, will have to get behind this - ACLU for example.

I think this is going to get interesting.

 

[Father of four]

...then they come from the belief we are a part of nature and have evolved.) ...

We all have our own beliefs.

I agree with most of what you posted though.

 

[Burt Gummer]

Cop Block | Reporting Police Abuse, Brutality, and Corruption Get out a line in this free country of ours and you'll get the taser, nightstick or worse.

Of course, they are about the same everywhere since it is a global agenda to turn LE into what they are now http://www.thedailysheeple.com/image-of-gas-attack-against-lone-brazilian-woman-goes-viral_062013

Let's face it. None of us really have any rights, not really. Never did. The Global Elite are too far along in their quest to remove any such empowerment of an individual. Not just here, but everywhere at this point.

 

[Darknight]

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.

Actually driving is no less a right than your 2A rights. It is also no less a right than your 5th amendment right either. You can be compelled to be a witness against yourself in certain circumstances and it has happened many many times.

 

[oknow]

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.

Actually driving is no less a right than your 2A rights. It is also no less a right than your 5th amendment right either. You can be compelled to be a witness against yourself in certain circumstances and it has happened many many times.

Sorry to say but driving is not a right it is a Privilege

 

[Father of four]

Sorry to say but driving is not a right it is a Privilege

I guess riding horse and buggy was a privilege not a right 120+ years ago also?

 

[duane black]

But the point is, under this new ruling: If you start off helping the police by saying the bg did this and that, the bg threw something in the bushes... And then Later in the interview when they ask you "did you shoot the bg?" If you become silent, they CAN USE THAT AGAINST YOU IN COURT TO HELP PROSECUTE YOU.

However, (with this new ruling) if you say "I invoke my 5th amendment right" and then stop answering questions, they cannot use that in court to help prosecute you.

This is totally insane! Do I have to say "I'm invoking my 1st amendment right" every time you want to pray? No, you just do it!

THIS

Absolutely NUTS. We no longer have a constitutionally protected civil right UNLESS we make a statement we do ? HUH ??? Old fogies got this way wrong. Really makes me wonder.

I'm not sure whats happening in this country but the folks that I thought were tin foil wearing nuts a few years ago are making more sense to me than the " truth " as we know it now a days.

 

[Father of four]

Right. There is some really messed up things happening within Our government. I do not think its helping The People with their rights and freedoms. Its the opposite.

 

[rapgood]

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.

+1

When this ruling becomes commonly known to the population, I am guessing that the cooperation between witnesses and police will plummet.
Under this new ruling, the smarter thing to do might be to immediately invoke your 5th and give the cops no information at all.

+1

Yea I can see how them not finding a gun hidden in the bushes can help you prove self defense.

Red Herring.

It is a fundamental shift - the Bill of Rights really are expressed limits on the State - they are not declared rights of the individual.

Correct.

Individual rights are bestowed by our creator ( and if you don't believe in God, then they come from the fact we are a part of nature and have evolved.) These rights are not given to us by a piece of paper, a court, a leader, nor even taken by us the people. They are natural. They are not ignored, forgotten or set aside for the poor, uneducated, intoxicated or stupid.

+1

The State must never be in a position to hand out favors (rights).

I wouldn't be surprised to see some movement to have laws passed stating to the effect that remaining silent or becoming silent is the same as declaring / reminding the State or our natural rights as expressed in the Constitution. Even groups I wouldn't normally expect to be on the same side with, will have to get behind this - ACLU for example.

I think this is going to get interesting.

It will take an act of Congress to "correct" the Supes. Now, do you really think the current composition of Congress will be able to/want to do anything that reinforces our rights? (Don't hold your breath, MaryJo, we'll cross that bridge when we get to it...)

 

[Redcap]

 

[coop44]

anything you say, however innocent and explanatory, can be misconstrued in any manner the police want. After all it is their job to lock up somebody, anybody, to justify their jobs.

Remember this, most people in jail put themselves there, they just had to say something. Innocent or not say nothing, sarcasm is ignored and will be used against you as fact.

they are taught "baiting" techniques, do not respond with a smile or a frown, do not nod or shake your head, that can be brought into evidence also, through testimony, make them believe you are a deaf mute.

shut up, relax, take a nap, that will piss them off.

 

[Botte Hork]

But the point is, under this new ruling: If you start off helping the police by saying the bg did this and that, the bg threw something in the bushes... And then Later in the interview when they ask you "did you shoot the bg?" If you become silent, they CAN USE THAT AGAINST YOU IN COURT TO HELP PROSECUTE YOU.

However, (with this new ruling) if you say "I invoke my 5th amendment right" and then stop answering questions, they cannot use that in court to help prosecute you.

This is totally insane! Do I have to say "I'm invoking my 1st amendment right" every time you want to pray? No, you just do it!

Then say "I saw BG throw something over there. Anything else, I'll consult with my legal counsel and am invoking my 5th Amendment rights".

 

[Darknight]

Sorry to say but driving is not a right it is a Privilege

Not true, look it up. There is a lot of case law on the issue. Like it or not your 2A rights can be taken as well, so is it really a right when it can be and is taken/restricted? On topic, your 5th amendment right only extends as far as the courts let you invoke it. You can be given immunity and forced to be a witness against yourself and/or the judge could decide that your testimony is in fact not incriminating and force you to testify.

 

[oknow]

I guess riding horse and buggy was a privilege not a right 120+ years ago also?

did you have to take a test and pass it with a certain score back then?

 

[Redcap]

Not true, look it up. There is a lot of case law on the issue. Like it or not your 2A rights can be taken as well, so is it really a right when it can be and is taken/restricted? On topic, your 5th amendment right only extends as far as the courts let you invoke it. You can be given immunity and forced to be a witness against yourself and/or the judge could decide that your testimony is in fact not incriminating and force you to testify.

They can't force you to do a damn thing.

 

[Father of four]

oknow "did you have to take a test and pass it with a certain score back then? "

Probably not. Just because we have to now doesn't mean its any more constitutional.

How about traveling across the county, states or country? Its a right to walk on foot but a privilege to drive? Something messed up there I just know it.

O'yeah I got it. If we have Our government in place then me must ask for permission!!!! We pay taxes to hire and pay people (government workers) to build and fix the roads, we pay taxes to buy the workers the tools and materials needed. So its a privilege to take a driving and written class/test ONCE, then every 4 years afterwards fill out paper work, pay a fee and ask for their permission to use what we pay for? Got it. Privilege it is. :nuts: