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Exercising your Fifth Amendment rights

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
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.
 

decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
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.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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.
 

jhfc

Regular Member
Joined
Jun 10, 2013
Messages
158
Location
Vancouver, WA
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."?
 

Stretch

Regular Member
Joined
Nov 17, 2009
Messages
489
Location
Pasco, WA, ,
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."
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
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
 

Difdi

Regular Member
Joined
Mar 2, 2010
Messages
987
Location
Seattle, Washington, USA
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
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
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?
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
See Book " The Living Constitution" By David A. Strauss

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

Best regards.

CCJ
 
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