Brass Magnet
Founder's Club Member
The reason it is legal is the same reason that many of the actions we take are legal: There is no law against it. There need not be a law that allows it.
However, as long as one remembers that he has the right to a lawyer and to have that lawyer present during questioning, police lying can be completely emasculated by the exercise of that right.
I don't want the law in this nation changed to where things we are allowed to do are enumerated. I prefer a system whereby we (including LEOs) are free to do anything not explicitly prohibited by law.
I agree but after reading it again I believe SVG's point is that the 4th amendment effectively outlaws the police conduct in the situation outlined in his post (refusal to explain the RAS). Correct me if I'm wrong SVG. That idea, and the caselaw surrounding it, are another discussion in and of themselves. Thinking about it, my previous example of police lying may not be pertinent. Then again; like it or not, caselaw is pretty much law, right or wrong, and working within the system is better to keep one out of harms way, legally speaking.
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