You Have the Right to Remain Silent

[Father of four]

We don't make the rules we just follow them. That is exactly what our founding fathers intended.

 

[oknow]

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 anymore 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 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:

I concur but that is the way it is now and like you I don't like it.

 

[Father of four]

Yeah, I should just shut up about all this stuff because there aint enough off us who want our freedoms back. O'well I'll just go play with my wife and kids.

 

[U201491]

Yeah, I should just shut up about all this stuff because there aint enough off us who want our freedoms back. O'well I'll just go play with my wife and kids.

Actually you will be surprised when the time arrives.

 

[U201491]

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.

Nothing can be taken that you are not willing to give up.
You do have an option, ask Patrick Henry. He has good advice for ya.
Especially if enough people stand.

 

[Kevatc]

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.

Thanks for the clarification.

 

[revjen45]

So, if you answer yea or nay when a cop asks you if you are carrying, and then invoke your 5A rights on any subsequent questioning can your silence be used against you since you answered the 1st question (because invoking silence on that can get you killed)? I know that this ruling means that I will invoke 5A on anything including as a witness (especially as a witness when talking to the Feds).

 

[Ranb]

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

Wrong. The best advice has always been refuse to give any information about yourself to the police (other than your ID), and refuse to talk to the police until you have a lawyer present to defend you.

Ranb

 

[biggie24420]

Home of the coward, land of the slaves....... or something like that.

I am just waiting for the supreme court to make slavery and marrying 11 year old girls legal (I'm kidding!). I'm still gonna keep my mouth shut.... they can't make me say anything, well unless they torture me.
So this is Democracy at it's best huh? we keep taking away people's "rights" little by little, we help less fortunate countries with resources by bombing them. Democracy is two wolves and a sheep voting on what's for dinner!

Like Gerald Celente said.... it's not justice, it's JUST-US!

 

[parallax]

Why is it, when I choose not to answer questions from the police, other than giving them my i.d. and complying with commands. lets say at a traffic stop, they become very angry and verbally abusive?( has actually happened to me ). have they forgotten that this is America and not some 3rd world country police state.?.

 

[civilian75]

Re-igniting an old thread. Here is a link to a recent commentary on the Salinas v. Texas decision. Nothing that has not already been said. Just a refresher for those who know about it, and a heads up to those who don't.

Your Miranda Right to Silence Might Now Get You Into Trouble - USA Carry

 

[Blitzkrieg]

I have never believed it was a privilege to drive, and the right to drive (travel) can only be taken away via due process after conviction for bad acting

Most age restriction laws are also unconstitutional

If questioned or arrested your best friends are these 5 words

I have nothing to say

Talk only to your lawyer

 

[LogicBomb]

remember Mark Twain who said "tis better to be silent and be thought a fool, than to speak up and remove all doubt"

 

[U201491]

Umm ............. YES THEY HAVE.

Just like our 2nd amendment rights we all have witnessed people getting upset because we carry and own guns. We do so legally and by the letter of the Constitution, yet Obummber and Biteme think its bad and illegal. And bubblegum trickles down to the LE sadly and they see the law as what they feel not what it is too.
Weird thing is they want the law to Murders and rapist away. But they same law they believe in they want us not too?

People horget most LE today went through the current socialist/marxist indoctrinated education system.