To: cinFLA
If the guy had been at all reasonable I agree with you.
This case is about much more than how Hiibel and the officer acted that day. It will be viewed as Law of the Land however it is ruled on.
I think it isn't so bad that a person can remain silent and not give their name, that doesn't mean they can't be arrested.
The brief is correct in pointing out your name can be used against you as in "3 strikes" as well as the likelihood of you being arrested if the officer sees you have a rap sheet.
457 posted on
03/24/2004 9:39:27 AM PST by
American_Centurion
(Daisy-cutters trump a wiretap anytime - Nicole Gelinas)
To: American_Centurion
The state makes the case that the person has freely given up the 'right to remain silent' since he freely uses his name in public. (my simple restatement). I know that there is a legal point that when a person testifies, they have to invoke the 5th right away or if they start testifying on a subject they automatically lose the right to invoke the 5th.
These issues are related (as the state points out).
459 posted on
03/24/2004 9:53:26 AM PST by
cinFLA
To: American_Centurion
I agree with you. This case is about much more than how Hiibel and the officer acted that day. It will be viewed as Law of the Land however it is ruled on."Hard cases make bad law."
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