SCOTUS: pre-miranda silence can be used against you

[88GT]

of course it's an option. there are plenty of options.

i guess i would like to hear some firsthand accounts of that particular option- from people and LEOs.

Crikey. I forget some people on INGO don't have a sense of humor.

 

[Double T]

The hypothetical question is a loaded question: answer any location and you admit to being in a hurry and by substitution speeding. Silence is golden while handing over the paperwork.


If they ask "Do you know why I pulled you over?" A correct answer would be "Aren't you supposed to tell me that?" Again, silence is golden. If you make up ANY reason other than you blew kisses, you are admitting to something. so again, Shut up, and be on your way.

 

[j706]

Anyone sitting in the drivers seat of a stopped car and refusing to say anything is going to get some special treatment. Special treatment that a normal person would not get. I do not need someone to tell me they knew they were running 20 over to cite them. Or to cite them for unsigned registration, failure to change adress on their DL and that license plate light that is inop. Yea sit there like a doof and say nothing. Shezzz people.

 

[Double T]

Your address does not have to be correct on a driver's license. Nor do you have to have the original signed copy of your registration in your vehicle. I can have a copy with a printed name in the signed portion that is noted that it's a copy.

I've been pulled over 6 times. 5 times they were fishing for BS and had nothing, nor did I allow them do fish. One time I admitted to doing 30 in a 20 (park in the dead of winter) so that we could hurry up and I could help my ill cousin move.

Nice try though.

 

[j706]

Your address does not have to be correct on a driver's license. Nor do you have to have the original signed copy of your registration in your vehicle. I can have a copy with a printed name in the signed portion that is noted that it's a copy.

I've been pulled over 6 times. 5 times they were fishing for BS and had nothing, nor did I allow them do fish. One time I admitted to doing 30 in a 20 (park in the dead of winter) so that we could hurry up and I could help my ill cousin move.

Nice try though.

Oh really? Everyone is a lawyer. Nice try though.

 

[LPMan59]

Crikey. I forget some people on INGO don't have a sense of humor.

i'm sorry i missed the humor in your one statement post, written on an internet forum.

Thanks for your useful post; it has clearly contributed to conversation.

 

[Rookie]

Anyone sitting in the drivers seat of a stopped car and refusing to say anything is going to get some special treatment. Special treatment that a normal person would not get. I do not need someone to tell me they knew they were running 20 over to cite them. Or to cite them for unsigned registration, failure to change adress on their DL and that license plate light that is inop. Yea sit there like a doof and say nothing. Shezzz people.

Of course they would get special treatment. Don't ever be guilty of contempt of cop.

 

[j706]

Of course they would get special treatment. Don't ever be guilty of contempt of cop.

No never do that.

 

[88GT]

i'm sorry i missed the humor in your one statement post, written on an internet forum.

Thanks for your useful post; it has clearly contributed to conversation.

Apology accepted. A little more practice and your sense of humor will evolve to a higher level too.

 

[longbarrel]

Most Americans are stupid beyond belief.

Yes, yes they are. Really makes me sad.

 

[BehindBlueI's]

If a cop got arrested they wouldn't be talking either and you can take that to the bank.

I wasn't arrested, but I was brought in and read Miranda by my own department thanks to a report that I committed a major felony. I agreed to an interview and even took them to where the event supposedly took place so they could see the scene, identified witnesses for them, etc.

So, I broke the "shut your bacon hole" advise. Why? Because I knew the allegations were false, I knew I could show evidence that bolstered my side of the story, I knew I could identify other officers and civilians who were there and witnessed what actually happened. I knew that by staying silent I wasn't helping myself out, but my talking and laying that out for the investigation I was. I'd rather not be suspended and possibly arrested when I could immediately show why the allegation had to be false and then go on about my business.

(Side note, the person who made the report was mentally ill and apparently truly believed what they said happened. I was ready to sue the bejesus out of them until I found that out.)

THERE IS NO BLANKET RULE APPLICABLE TO EVERY SITUATION. Sometimes its in your best interest to talk. Sometimes its not. I know there's some folks on here who've used a firearm to defend themselves. I know some of those folks spoke with investigators and were released at the scene. Never had to hire a lawyer, never had to be processed, etc.

 

[j706]

I wasn't arrested, but I was brought in and read Miranda by my own department thanks to a report that I committed a major felony. I agreed to an interview and even took them to where the event supposedly took place so they could see the scene, identified witnesses for them, etc.

So, I broke the "shut your bacon hole" advise. Why? Because I knew the allegations were false, I knew I could show evidence that bolstered my side of the story, I knew I could identify other officers and civilians who were there and witnessed what actually happened. I knew that by staying silent I wasn't helping myself out, but my talking and laying that out for the investigation I was. I'd rather not be suspended and possibly arrested when I could immediately show why the allegation had to be false and then go on about my business.

(Side note, the person who made the report was mentally ill and apparently truly believed what they said happened. I was ready to sue the bejesus out of them until I found that out.)

THERE IS NO BLANKET RULE APPLICABLE TO EVERY SITUATION. Sometimes its in your best interest to talk. Sometimes its not. I know there's some folks on here who've used a firearm to defend themselves. I know some of those folks spoke with investigators and were released at the scene. Never had to hire a lawyer, never had to be processed, etc.

Bingo! Remaining silent is sound advice for the guilty. Not so much so for the innocent. Being silent makes one look guilty.

 

[Hotdoger]

Bingo! Remaining silent is sound advice for the guilty. Not so much so for the innocent. Being silent makes one look guilty.

No one is truly 'innocent', everything is illegal. It is the root of the inform don't inform debate.

 

[Hoosier8]

The right to not incriminate doesn't only kick in when you're in custody. That is simply one test the Court developed.

But if so, how about Lois Lerner, then? If not Mirandized yet, no right to not self-incriminate...

She pleaded the fifth so she is protected.

 

[rambone]

You should never be feel like you have to 'prove your innocence.' Just because talking works out for one guy doesn't mean that its going to work out for the next.

 

[Kirk Freeman]

Being silent makes one look guilty.

Quick someone text Martha Stewart!

 

[CSORuger]

Supreme Court Bombshell: No Right to Remain Silent

The Supreme Court handed down a decision on June 17 that has been ignored by most media outlets, despite its devastating effect on one of the most fundamental rights protected by the Constitution.
In a 5-4 ruling, the justices ruled that a person no longer has the right to remain silent as guaranteed by the Fifth Amendment. In relevant part, the Fifth Amendment mandates that no one “shall be compelled in any criminal case to be a witness against himself.”
Thanks to the Supreme Court’s decision in Salinas v. Texas, that part of the Bill of Rights has been excised — and has joined the list of so many other fundamental liberties that now lie on the scrap heap of history.

 

[Kirk Freeman]

Thanks to the Supreme Court’s decision in Salinas v. Texas, that part of the Bill of Rights has been excised

No.

Miranda only applied to in custody interrogation.

 

[funeralweb]

You have the right to remain silent. Anything you say can will be used against you in a court of law. Anything you didn't say prior to this can and will be used against you in a kangaroo court of law. You have the right to a clean cattle car. If you cannot afford a cattle car, one will be provided for you. You have the right to worm-free earth in your mass grave. To hear these rights in English, blink.