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To: SeeSharp; 2ndDivisionVet
2ndDivisionVet: The 5th Amendment was repealed? When did that happen?

SeeSharp: When a judge orders you to turn over something, that is a warrant, which is all the 5th amendment requires.

To 2ndDivisionVet: The 5th Amendment cannot be invoked if the accused has already made statements in his own defense. In other words: It cannot be selectively invoked. If the accused says "I wasn't at the bank that day," he cannot then refuse (citing the 5th) to answer the question "Well, where were you, then?"

To SeeSharp: It is necessary to make a fine but important distinction here. A judge can issue a warrant authorizing the police to search for and seize physical evidence, but you cannot be required to "turn over" physical evidence - and certainly no judge can force you to speak (unless: see above). (However, a Grand Jury can force you speak.)

Regards,

P.S.: Full Disclosure: I am not an attorney, nor do I play one on t.v.

14 posted on 05/31/2017 8:55:03 PM PDT by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: alexander_busek; SeeSharp

Don’t Talk to the Police
https://www.youtube.com/watch?v=d-7o9xYp7eE


16 posted on 05/31/2017 9:02:49 PM PDT by 2ndDivisionVet (You cannot invade the mainland US. There'd be a rifle behind every blade of grass.)
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To: alexander_busek

That’s one of the most pernicious and 100% FALSE ideas about the 5th. It is totally invokable on a question by question basis. I don’t know what bad TV show put that piece of lies out there, but the writers should be beaten severely. You are 100% allowed to say “I wasn’t at the bank” AND refuse to say where you were.


32 posted on 06/01/2017 11:05:04 AM PDT by discostu (You are what you is, and that's all it is, you ain't what you're not, so see what you got.)
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