Posted on 07/02/2013 9:13:37 AM PDT by RC one
In a 5-4 decision the Supreme Court ruled today that a potential defendant’s silence can be used against him if he is being interviewed by police but is not arrested (and read his Miranda rights) and has not verbally invoked the protection of the Fifth Amendment.
Tim Lynch at the Cato Institute explains that the Salinas v. Texas case was intended to be about whether prosecutors during a trial could cast aspersions on a defendant’s silence during questioning that took place prior to arrest — prior to the defendent being told he had the right to remain silent. Instead, the Supreme Court determined that they wouldn’t need to rule on the matter because the defendant had never invoked the Fifth Amendment’s protection. This decision means that it’s the responsibility of the individual to know about the protections offered by the Fifth Amendment even prior to arrest and to actually verbally invoke it:
We have had this discussion here before and some of us were of the mind that you shouldn't invoke the fifth unless you have been arrested as it implies guilt. It seems pretty clear from all of this that that doesn't matter.
“The Supreme Court informs me to invoke the 5th and remain silent.”
Can you invoke the fifth, and yet say this or that, and refuse to say this or that?
Must you invoke your right to free speech before speaking? If not, can Homeland Security bash you in the head and jail you for saying something disagreeable?
“Can you invoke the fifth, and yet say this or that, and refuse to say this or that?”
Yes and no. The court ruled that once you start talking but them clam up your silence can then be used as evidence against you that you are guilty. THAT is what this case was about. It overturns their 1959 decision that your silence cannot be mentioned in court, such as, “Well, he was talking to us but when we asked him if he killed his wife he clamed up.” That isn’t allowed to be said in court but it is now.
Did you see, hear or read anything about the recent congressional hearings for the arrogant IRS agents? They basically told their side of the story and refused to answer any questions.
Basically, the court just said you do not have the RIGHT to be silent but must know of it and then must exercise it, meaning it is a now merely a privilege to those that know about it and know specifically, and legally, how to use it.
I think it’s best not too answer anything once it is invoked actually. remember, when they say ANYTHING you say may be used against you, what they really mean is EVERYTHING you say WILL be used against you. I’m no lawyer though. All I know is that everything Zimmerman said is now being used against him.
Lois Lerner is about to learn the answer to that question.
Horrible decision.
Rights are inherent... you don’t have to wave a magic wand to make them apply.
Do you have to state your First Amendment right before you write a newspaper article, or say a prayer, or give a speech?
Do you have to state your Second Amendment right before using a gun?
Yet, a person to be arrested MUST be told of his basic constitutional rights to remain silent, lawyer, blah blah blah. Pray tell, which comes first ROBERTS?
The kid who was arrested for not removing his NRA shirt in school. A report states one of the reasons he was arrested is because he "would not stop talking" when told to be quiet by the cop.
So now we can be charged with not saying anything? Welcome to Amerika, folks, the updated version of 1930's Germany. Call me Winston Smith.
Anybody carrying a concealed weapon these days had better be very much aware of the right to remain silent/fifth amendment rights from here on out. The PTB are trying to send us a message about exercising the right of self defense against Obama’s sons.
I have watched that more than once and was hoping someone would post it. Thanks.
I also keep a RKBA lawyer on speed dial.
A report yesterday on the police witnesses said that Zimmerman came off as very credible, in part because he was very cooperative with police.
I don’t like these new rulings on the fifth amendment. Prior to Lois Lerner, I had no idea that you could inadvertently waive a fifth amendment right simply by answering a related question.
Now I’m confused.
If I ever need to, I want to be able to cooperate with police without fear of them asking a laundry list of unrelated questions.
Suppose they stop me and ask me if I was speeding and I say no. And then they ask if I have ever speeded, have I waived my right to not answer by answering the first question?
This is not the way I remember the watergate hearings working. They got to specific questions and the person would claim the fifth. Then they would ask another question and they’d answer. Of course, Most questions they just couldn’t recall. Someone should look into what causes memory lapses in D.C.
A report yesterday on the police witnesses said that Zimmerman came off as very credible, in part because he was very cooperative with police.
I don’t like these new rulings on the fifth amendment. Prior to Lois Lerner, I had no idea that you could inadvertently waive a fifth amendment right simply by answering a related question.
Now I’m confused.
If I ever need to, I want to be able to cooperate with police without fear of them asking a laundry list of unrelated questions.
Suppose they stop me and ask me if I was speeding and I say no. And then they ask if I have ever speeded, have I waived my right to not answer by answering the first question?
This is not the way I remember the watergate hearings working. They got to specific questions and the person would claim the fifth. Then they would ask another question and they’d answer. Of course, Most questions they just couldn’t recall. Someone should look into what causes memory lapses in D.C.
So it’s not only what you say that can be used against you in a court of law it’s what you don’t say as well?
also a good idea for anyone living in Zululand and opting to not be a victim.
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