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Thread: Exercising your Fifth Amendment rights

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    Regular Member rapgood's Avatar
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    Exercising your Fifth Amendment rights

    There are a number of videos on exercising 5th Am. rights related to carrying. Be advised that on June 17, 2013, the U.S. Supreme Court issued a ruling in Salinas v. Texas that instructs us that now we must actually state that we are exercising our 5th Am. rights or the fact that we simply did so with specifically invoking them can be argued to a jury as an indication of knowledge of wrongdoing.

    So, if you're going to invoke your 5th Am. rights, be sure to say so explicitly or your silence may come back to haunt you.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

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    Please edit the OP for clarity.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member decklin's Avatar
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    Had no idea this happened. Thanks for posting this. It seems to me that if they're going to do something that affects everyone like this then there needs to be some kind of a public service announcement.
    "Loyalty above all else except honor. " -John Mahoney

    "A Government big enough to give you everything you want, is big enough to take away everything you have." -Gerald R. Ford

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    Quote Originally Posted by decklin View Post
    Had no idea this happened. Thanks for posting this. It seems to me that if they're going to do something that affects everyone like this then there needs to be some kind of a public service announcement.
    Yeah, like the lapdog media is going to announce that.

    Actually, it did get a lot of "airtime" in alternative media. For example, libertarian websites, legal websites, and so forth.

    In today's world, you have to actively seek out information by selecting the media you want to monitor. People are doing it already--this is why the lamestream media has seen its share sliding.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member jhfc's Avatar
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    Is it sufficient to say "I'm not going to answer any questions" or do you need to specifically invoke the 5th? Something like "on the advice of my attorney, I'm invoking the 5th and not answering any questions."?

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    Regular Member Stretch's Avatar
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    Quote Originally Posted by jhfc View Post
    Is it sufficient to say "I'm not going to answer any questions" or do you need to specifically invoke the 5th? Something like "on the advice of my attorney, I'm invoking the 5th and not answering any questions."?
    I was advised once by an attorney to say, "I am invoking my right to not answer any further questions."

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    Regular Member rapgood's Avatar
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    Quote Originally Posted by Stretch View Post
    I was advised once by an attorney to say, "I am invoking my right to not answer any further questions."
    .................................................. ..............Name:  yeahthat.gif
Views: 294
Size:  576 Bytes is good advice.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

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    We are moving from a " reactive state " focused primarily on punishing individuals who have committed crimes, to a "preventive state' focused primarily on gathering information to enable the government to anticipate and prevent terrorist or other criminal acts, we must consider whether traditional constitutional rights should be reinterpreted to ensure they retain their vitality in a changing world.

    See Chavez v Martinez (2003) Supreme Court decision.

    For a better understanding read, Is There A Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11

    Written by Alan M.Dershowitz

    You should always reserve your rights in any encounter with any government agency, whether you reserve your rights orally or in writing. The key is to reserve and invoke your rights at all times.

    My .02

    Best regards

    CCJ

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    Regular Member Difdi's Avatar
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    The constitution does not grant anyone any rights at all. Instead, it protects rights by absolutely forbidding the government from doing certain things.

    But between the people insisting it is a living document and people interpreting 200+ year old words by modern, post-linguistic drift meanings, the constitution isn't doing such a great job anymore.

    Especially when 'getting the job done' is seen by many officials as more important than doing it right, even if it means they have to commit crimes to get the job done.

    http://www.justice.gov/crt/about/crm/242fin.php

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    Regular Member EMNofSeattle's Avatar
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    Rap, how does this effect the state constitution? I mean i know it technically doesn't,

    but, is there SCOWA (supreme court of Washington) rulings on the WA state constitution that provide greater protection when dealing with local and state LE?

    I'm asking because I know Washington has traditionally upheld under our state constitution greater rights then under the federal, so the federal is only a concern in this state if there's no existing case law on the state constitution stricter then then salinas ruling correct?
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

    NRA Member

  11. #11
    Regular Member Vitaeus's Avatar
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    lots of cases at the state level in the LEO digest

    https://fortress.wa.gov/cjtc/www/ind...=137&Itemid=80

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    See Book " The Living Constitution" By David A. Strauss

    Very interesting thesis on the Constitution an " The Common Law."

    Best regards.

    CCJ
    Last edited by countryclubjoe; 07-06-2013 at 10:22 PM.

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