• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Silence is not an option, you must invoke 5th amendment now!

Red Dawg

Regular Member
Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
Funny thing. We never talk to cops. We are nice to everyone else. Well, my quandry is, I try and be nice to EVERYONE. Including LEO. Nice people chat regularly. When they talk to me, I'm nice, and haven't had to worry, as it was actually just nice chat. But in my mind, I guess as soon as they ask for Id/identify myself, I will tell them I am no longer willing to talk. A question though, if you are driving, you have to give them a DL if stopped. They will know your name. What happens if they are looking for a person named "what the heckever"...IF they ask your name, are your compelled to incriminate yourself if your name is "what the heckever"? Making the supposition that if they have a name, they have a general discription...Truth is, I'm rarely sterile. I don't walk around my neighborhood that much, and have to drive to get anywhere. I could leave crap in the truck, but I aviod leaving anything in the truck as a general practice. so since I am 120% convinced I have no record, or warrants, I would rather hand over a DL, and not talk to them..I don't know, again, haven't had to deal with it. Read a bazzilion threads and such dealing, but...Well, stillhave questions and doubts in my mind. No two encounters are alike. I'd like to be as ready as possible..
 

DanNabis

Regular Member
Joined
Mar 26, 2014
Messages
82
Location
CO, Lakewood
Justice Samuel Alito said. "It has long been settled that the privilege `generally is not self-executing' and that a witness who desires its protection `must claim it.'

That is one of the most insidious things I think I have read attributed to Alito. If that is his belief, that is truly unfortunate.
The very wording of the Miranda includes "You have the Right to Remain Silent. Anything you say can and will be used against you"
That specificly seems designed to remind/inform apprehended suspects that they have the right to remain silent with out legal consequences.

and yet the legal scholars will likely interpret the 'compelled' part of the fifth"nor shall be compelled in any criminal case to be a witness against himself" to mean that things you willingly do/do not do may be used against you.

this seems reminscent of the 'living document' school of thought which basicly allows unlimited interpretation. (disintegration)

a very sad thing indeed. When will Liberty finally reign?
 

DanNabis

Regular Member
Joined
Mar 26, 2014
Messages
82
Location
CO, Lakewood
The appellant in this case voluntarily went down to the police station to make statements. The whole conversation, up to the point where he finally decided to shut up is admissible, including the last question and the fact that he stopped answering questions at that point.

^Truth. Right to the bone of the issue.
The appellant was not apparently compelled and the willing submission of information is different from statements forcibly obtained. So probably not a violation of fifth amendment rights.
 
Top