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Legal Experts: Even TOTALLY INNOCENT People Should Avoid Talking to Law Enforcement
A law school professor and former criminal defense attorney explains why you should never agree to be interviewed by the police:
We’ve previously documented that there are so many federal and state laws in the United States, that no one can keep track of them all, and everyone violates laws every day without even knowing it.
As such, it is best to avoid law enforcement when possible.
It’s vital to note, however, that the Supreme Court ruled this year that your silence CAN be used against you (the link is to the website of one of America’s top constitutional law professors) … at least until you’re read your Miranda rights. Therefore, if you remain silent when police are questioning you, it is very important to tell the police that you are exercising your right to remain silent. As the Atlantic notes:
Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the [Supreme Court] opinion ….
It’s Not Andy Griffith’s America Any More
This is not to say that all law enforcement personnel are bad folks. Many of them are outstanding people.
But our police forces have become so insanely militarized and the fear of terror has become so wildly overblown that many law enforcement personnel have become hair-trigger tense.
People have been severely harassed when they’ve asked for help from law enforcement. For example, an anti-war website was spied on for 6 years after they asked for help by the FBI. And the FBI rifled through all of a woman’s electronic communications after she told the FBI that she was being harassed.
Police have recently tasered numerous deaf or retarded people for “failing to follow orders”.
And they’ve shot and killed people who were just looking for help. See this and this.
Again, we’re not trying to paint with a broad brush; most law enforcement personnel are good folks just trying to do their job. And police are human, too … sometimes they get scared and overreact.
But it’s not the same ole Andy Griffith show type demeanor among law enforcement today. So it’s best to be careful.
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"Shoot some 'roids, PROBE some ass."
Everything you say, meticulously organized and permanently recorded in the expansive long-running profile maintained on you by the NSA/Feds, can and will be used against you. Maybe not today, perhaps tomorrow, but one day for sure.
The USA, circa 2013, is a full-on, though momentarily somewhat latent, police-state.
Fruit of the poisonous tree... the information itself won't be directly used, it will only be indirectly used... further, the source of the information (illegal spying) will be obfuscated and impossible to determine given a sufficient alternative, e.g. a reputable informant.
The information will only be directly used in cases of terrorism, etc... high profile cases that are largely behind closed doors. For your common criminal trial, the information will be used to make a profile of you and to give authorities an easier time to find you and your illegal activities, but the file itself won't be disclosed in court nor attempted to be admitted into evidence... only the periphery of information.
There are only two things you should be saying to the po-po:
1) Am I being detained?
2) Am I free to go?
repeat
I wonder who the clown is that is giving every post a down arrow. Must be a cop. Whoever you are - fuck you. Now, my down arrow please.
One more thing:
Once you choose to "shut up" and remain silent... keep doing so!
Don't speak while you are alone in the patrol car. You are being monitored.
Don't speak on the recorded line from the jail. You are being monitored.
Don't speak to other inmates about anything related to you, your case, or anything other than who will win on Dancing With The Tarts. You are being monitored.
Even if you aren't being monitored when speaking to other inmates, they can still testify against you as you are a party-opponent, and admissions by a party-opponent are admissable.
Folks who coincidentally will say anything to get a little extra jail protection, drugs, or even a reduced stay in the pokey...
They can detain you if they believe that you have committed a crime or are about to commit a crime. They must have probable cause. If they claim that they are detaining you then ask them specifically the reason behind it.
THE FOLLOWING IS WHAT I WILL PERSONALLY DO...I will not suggest this for anyone else. It is NOT LEGAL ADVICE.
At that point, from now on, I will declare that it is an arrest and demand to exercise not just my Fifth but my Sixth Amendment Rights...all of the way. That means a Jury Trial...TO COMPLETION. I will not allow any dismissal at the Preliminary Hearing. My Rights are not at their CONVENIENCE. I will demand a Jury Trial...especially since I am innocent. THAT IS A RIGHT. I WILL COST THEM BOTH TIME AND MONEY. I WILL NOT WAIVE ANY RIGHTS TO GET OUT OF JAIL.
In California, I will arrest both the Arresting Officer and the County Attorney in Court. I will arrest the Police Officer for Perjury as he swore an Oath under Penalty of Perjury to defend the Constitution of the United States. A False Arrest and Testimony that justifies it is Perjury. I will arrest the County Attorney for Subornation of a Perjurious Witness. I still have all Civil Rights intact after I have been Arrested. In California I can affect a Citizen's Arrest if a Felony is committed in my presence. Perjury and Subornation of Perjury are Felonies in the state of California.
You will not believe what I will tell other inmates about simple Chemistry while I am jailed. I can warn them LEGALLY about any specific threat to their safety. I will tell them that the guards can easily make Chlorine Gas and feed it through the Air Conditioning system, killing all of them. It is legal to tell them that they can be killed while they are caged and there is nothing they can do about it because they were killed.
The most wonderful part of Paranoia is that you can turn it away from you. You see? You think of all the bad shit that can happen to you...and realize that it can be done to others also...
You can Down Arrow this if you want. But it just does not change the reality. It will be better that they just give me a fatal dose of Lead Poisoning. At this point I just do not care.
Fight Club!!! Man I just love that movie.
This is for someone who believes in the system.
How do you plan to get a jury trial if the prosecutor refuses to prosecute you?
There are only two things you should be saying to the po-po:
1) Am I being detained?
2) Am I free to go?
repeat
IF Yes,and NO are the answers given, say I want my lawyer and shut up.
Anything you say to an officer is, and wil be use against you later.
Even things you never said and never did will be used against you.
YOU may not recollect saying / doing those things, but the NSA has a VERY GOOD MEMORY, and their "records" certainly have "proof" of your transgressions!!
Don't say anything to anyone in jail either... they'll definitely use that against you.
Those videos of citizens fucking with the TSA pigs at roadside checkpoints and DUI checkpoits are classic.
As are the videos where the officers are like-minded and politely explain the situation to the person... who is in most circumstances just looking for a confrontation.... You can see the wind leaving their sails most of the time. The cops will also tack on how much they like guns and the second amendment and when people exercise their right to free speech. Granted, these cops are few and far between, but there are plenty of videos with "positive" officers.
Never call them for help either unless you have absolutely no other option.
The cops don't need you and man they expect the same.
Bob Dylan - 1965
WTF??
Are you people suggesting that "Officer Friendly" has retired and been replaced by "Officer Stasi"?
Rect 'im? The durn cops nearly killed 'im!
I hope that guy wins the multi-million dollar lawsuit that has been filed. I read that the defendants want to settle out of court. One brave doctor at the hospital ER refused the police orders, he is going to testify for the plantiff.
I'm guessing qualified immunity will get thrown in there... You realize that lawsuits against public entities and pseudo public entities are paid by the public (tax donkeys/FED), right? This is why there is immunity from suit... sovereign immunity. Did they get a warrant? If so, then they might be golden... but, I'd hope it never made it to a jury thought if I was them... as the jury will probably break it off in their asses. This is one of those situations where being the "conscience of the community" warrants financially ruining all involved. They'll desperately try to get a preliminary determination on immunity.
Of course, the actors involved are all likely turnips... you have folks probably new to the force making ~$35-50k/year (all of which is spent)... you have nurses and other staff that are making minimum wage (folks who are huge liabilities for hospitals, but hospitals haven't figured out that it may be cheaper to hire people worth a shit and pay them accordingly)... the hospital might be on the hook, depending on how a lot of things are structured.
The only deep pocket in the lot is the hospital... and the plaintiff's attorneys have already burned one chance at a large settlement by not keeping a lid on the story... (it's sometimes worth more to keep it out of the public eye and threaten to bring it to the forefront). However, once it's out there, they'll need to stoke the fire as much as possible to bring the heat on all involved... and start lathering up the potential jury pools with a media frenzy. The bigger they can get it, the bigger the settlement... I'm guessing focus groups of prospective jurors aren't going to go to well for the hospital...
Clearly, this is exactly why hospitals and medical professionals need tort reform...
The warrant was vague, it had expired and it was no good in the county in which the search was conducted. In other words, what warrant? It also appears that one of the officers lied in the affidavit used to obtain the warrant when he said that Eckert was known for keistering drugs. On top of that, there is precedent that, even if you know that drugs are squirreled away in a person's body, there comes a point where the search is so invasive that it should not be allowed.
The warrant was vague, it had expired and it was no good in the county in which the search was conducted. In other words, what warrant? It also appears that one of the officers lied in the affidavit used to obtain the warrant when he said that Eckert was known for keistering drugs. On top of that, there is precedent that, even if you know that drugs are squirreled away in a person's body, there comes a point where the search is so invasive that it should not be allowed.
Ouch. Getting closer... the precedent sounds vague, and subjective, but we're definitely getting closer to rejecting qualified immunity... lying on the affidavit will get them stallowned on the immunity sub trial.
All of this is academic anyway unless the officers are wealthy... plaintiffs' attorneys don't give two shits about anyone unless you have money...
There are many personality types among doctors but a common one is to do whatever authority asks (a successful personality trait to play the game to get into med school and succeed there).
What an idiot though.
I have had court orders shown to me like that. They compel the subject to do something. I just note that I am not on the court order so I am not compelled to assist.
I was also asked one time to order anal probing for a forensic patient being held on a legal charge. I figure if he goes to that much trouble to hide his lighter he can have it. Everyone agreed. Especially the dude who was going to have to stick his finger up the guy's ass
The cops and medical personnel should be charged with rape.....pure and simple. Sue them to Mars, extract every nickel they currently have, then lock them up with Bubba and the boys for some true retribution. Bet they won't think it so funny when they're on the receiving end.
A little harsh? Not in my world, simply justice.
A criminal with a badge is a criminal, not a hero.
Correct.. um.. butt the "Authorities" in the adjoining "Jurisdiction' went into a dark place by playing along with the improbable probe.
Three forced enemas, three times being forced to shit in front of a group of pigs, two forced x-rays, forced administration of anesthetic before a forced surgical procedure so that the pigs can take a virtual tour of your lower GI tract from your butthole to your appendix, and then being billed six thousand dollars for it: all possible because, as brutal, sadistic, and sickening as it is, it's not nearly as bad for society as the possibility that someone, somewhere, might smoke a doobie and not get arrested for it.
Hey, if it saves just one jay from being smoked, it's worth it.
Big issues of liability here. THE core tenet of Medicine is "first, do no harm". So, our customer has been irradiated (twice), anaesthetised (still a non-zero mortality risk with a GA, and I'm assuming it was a GA), and dosed with enemata for no beneficial reason, for the Patient.
Add in the complete lack of consent (the Patient was not held under any Mental Health legislation so was deemed fully capable of making decisions relating to his well being and that of others), and the avenues for litigation are manifold (and well-established, with legal precedent).
If he doesn't recieve substantial compensation, then that is when the alarm bells should be ringing Nationwide, because if they can do it to one and get away with it, a precedent has been set (legally), and it'll not take too smart a lawyer to leverage that precedent up to open a whole new can of "invasive procedure" opportunity for those "in Control".
I hope this guy gets a new fleet of Lamborghini's with these fucking pigs as hood ornaments.
The Lamborghinis should be funded through the police pension funds too - NOT taxpayer extortions.
"first do no harm" has been removed. They don't care. Ever heard of tort reform?
Only $6k for all those procedures? Sounds like he got a great deal! ObamaCare is working(with the added benefit of meeting his new deductible)
/sarc
Right, ask them about probable cause, and their badge # too.
Don't call the police to 'teach' your kid a lesson:
http://www.dailymail.co.uk/news/article-2489533/Father-heartache-police-shoot-dead-son.html
Don't think you're safe saving your family:
http://www.dailymail.co.uk/news/article-2489533/Father-heartache-police-shoot-dead-son.html
I agree it would have been better if the father didn't call the cops on his kid. The young man flew into a rage because the father wouldn't buy him a pack of cigarettes and took the truck. By going the wrong way up a one-way street he was entering a gated restricted access area where it's hard to avoid running over the zombielike pedestrians /bicyclists /skateboarders when you are being careful.
Dash Cam Video
http://amestrib.com/sections/news/ames-and-story-county/video-police-rel...