I don't practice criminal law but this judge is an idiot. Of course law enforcement use coercion to pressure suspects into revealing incriminating information, but the right not to incriminate one's self isn't absolute. Clues and evidence left behind by criminals are essentially forms of self-incrimination. The right against self-incrimination is essentially a right against torture. If the suspect is too stupid to realize that the option of signing a consent form for a search bears a right of refusal, too bad for him. Are we going to force law enforcement to bring lawyers along to inform suspects of how to evade the law now?
To: pragmatic_asian
To: pragmatic_asian
Agents failed to tell Awadallah he had a constitutional right to refuse any searches when they asked him to sign a form consenting to a search, the judge said. Where in the constitution does it say that all of the citizen's privileges extend to foreigers?
3 posted on
04/30/2002 2:02:25 PM PDT by
TopQuark
To: pragmatic_asian
Clinton appointee, Cornell Law grad.
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