Supreme Court rules against the 5th Amendment, your right to remain silent.

Thanks for bringing this up OP, kudos again!

I for one never trust that my rights will ever be respected fully by the law (or anyone representing the law), but I stay under the radar by default. My main suggestion for anyone who thinks they might be in a position where their constitutional rights are going to be compromised: carry a copy of the reverse miranda rights in your wallet, and use them if you are ever arrested. To this day I still carry a laminated copy, but have yet to use out of need, thankfully: Reverse Miranda Rights

I still hope I don't have to use them

So a person is now required to turn on and off his rights by stating that fact?

It just shows that talking to police is often not a good idea. And the police wonder why many people flat out refuse to talk to them.

Originally posted by GAOTU789

Originally posted by Ghost375


And there's nothing saying officers don't have to read you your miranda rights, so they still notify you that you have the right to remain silent.

Actually, this doesn't really have anything to do with Miranda as the person wasn't under arrest, therefore Miranda does not apply. This is all about whether the 5th is an inalienable right or a privilege you need to invoke.

My point with that was that if someone is under arrest, they will still be told they have the right to remain silent.


And I just don't agree with how you divided it up between an inalienable right or a privilege.

It's still a right in either case.

You still have the right to remain silent, and they can't force you to talk.

And that's what the fifth amendment is about. Not the "right to remain silent"(which is not mentioned), but that they can't force you to talk, or "compel you to be a witness against yourself."

Here's the full text of the fifth:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[

They still can't force you to talk if you don't want to. and you still have the right to remain silent.

It's really a non issue, as majority of time they tase you, slam you into the cement, strip search you in public even (TX Highway patrol was it?) and beat you senseless...

So after all that, if you are NOT dead,

You in SHOCK, and can't really say much anyway because you're trying to breathe through the smashed face and all.

They particularly seem to enjoy doing these atrocities to women, senior citizens and people in wheelchairs.

I doubt many if them even had rights said to them and even if they did, the circus courts and public pretenders (excluding a few good ones who haven't flown the coup yet) wont even defend such abuses anyway,

So, Fifth Admendments and such,

Don't matter in United States of Absurdistan. It's all just semantics and word games anyway....

But hey, there's Always TCM, those old films, we can watch those and Try to think on the days when, Good rules and Evil was looked down upon, well at least some,

And cops were the good guys and criminals were the bad guys, you know,

Before everything got totally INVERTED.

I'm not sure why any of you still believe that the Constitution is an actual valid document anymore.

All three branches of government have gone rogue, and have behaved in ways that tell me that the country that adhered to that document died a long, long time ago, and we are now under the control of men who write their own laws as they go, while holding us to a standard that they do not follow themselves.

Well, if you're not under arrest - you can always just ask if you're free to go. If you're simply being questioned - you are present voluntarily.

Am I free to go?


No!


Why? Am I under arrest?

reply to post by gladtobehere


That is pretty messed up, but the easy solution for someone under arrest is to make the blanket statement "From this point forward, until further notice, I am invoking my 5th amendment right and will remain silent." That way you don't have to invoke the 5th after every question.