When pulled over, Plead the Fifth Ammendment
Vložit
- čas přidán 7. 01. 2015
- Call 321-951-3400 to discuss your case with one of our defense attorneys for FREE!
If approached by an officer, always invoke your fifth amendment right to remain silent, it can save your life.
This should be played non-stop at the DMV.
Seriously, it should be EVERYWHERE. I hate this world.
Joe Jr. I love this world and I live in Norway with Jesus Christ in my heart as lord and saviour
@@tommymack3210; ...so?
@@tinyturnip7676 it’s common sense
The DMV is part of the fraud.
The police work for the prosecution!
Exactly. They are *_not_* your friends.
So do the judges. Both are paid by the same employer.
Yeah, but the judges have quotas as well. To drag out a necessary number of cases so all paychecks and livelihoods attached to the COURT MACHINE gets paid! Am I under arrest should guide subsequent short responses if any. Keep em short, single syllables, and then button up
Officer I'm invoking my 5th Amendment Rights to remain silent under the Constitution.
Then ask am i free to go?
IF NOT, THEN INVOKE YOUR 6TH AMENDMENT RIGHTS TO COUNSEL - and demand a lawyer be present.
“ I invoke my 5th amendment privilege”
I always say that.
Awesome advice
It's NOT a privilege! It's a RIGHT!!
@@dough9512 🤣🤣🤣" I invoke my fifth amendment special treatment as a white guy not to talk or be shot by the police"
@@captainfalcon8615
You can do that as a black person as well.
Just never forget to record the encounter.
@@dough9512 as George Carlin said... If it can be taken, its not a right. Its set of privileges. And amendments can be changed.
That does not even make sense
I refuse to Consent to any search of my premises, the location of my arrest, my car, or my personal effects. I wish to assert my rights under under the Fourth, Fifth, and Sixth Amendments to remain silent and to have an attorney present during any questioning or lineup. If you ignore that I have asserted these rights and attempt to procure a waiver, I wish to confer with my attorney before any conversation with law enforcement on the subject of a waiver.
Nonmi Hiseddeo do you have this printed on a card. I need this for my vehicle
Nonmi Hiseddeo Excellent advice. The following does the same thing: ”I’m going to remain silent, I would like to speak to a lawyer, I don't consent to any searches or seizures.” It is easy to remember if you practice. I have my grandchildren practice with me when we go on walks together. There are at least three more things you must do to protect those rights: (1) shut up, (2) shut up, and (3) shut the heck up.
@@quacks2much You practice this with your grandkids during walks... good lord...
jacob marley Yes, occasionally. However, god has nothing to do with it.
I have yet to have a god for decades allow the police to read my mind. The inability of humans or gods to read minds is why silence is golden.
If god, the devil, or the police could read minds, silence would be useless.
If police represent god, god sucks at allowing police to read my mind.
If judges could read my mind, then I’d be arrested for contempt of court when I get close enough to the courthouse that my brain waves could penetrate the walls of the courthouse.
If the judges and police don't want to hear what I think, they are free to make a tinfoil hat. I hear brain waves bounce right off of tin foil. The problem occurs when the brain waves bounce off the tinfoil, they may accidentally enter a cop’s brain that is unprotected by tinfoil, so I might be arrested for a thought crime. Get it? Thought crime.
You don't have to say any of that. Your rights are already implied. They aren't waived just because you don't assert them. Just be silent and hand over your ID if required.
“I’m now invoking my 5th amendment right” *GETS SHOT*
I call B.S. on your stupidity. People that know their rights and treat authority figures with an ounce of respect don't tend to get shot.
@@oldmanfunky4909 it's a joke
@@oldmanfunky4909 sheesh you don’t seem to have a sense of humor it was obviously a joke
When I read this my brain immediately imagined a loud "BANG!!" 😂🤣😂🤣
*HITS BLUNT*
You should always say "Under the terms of the fifth amentment to the constitution" I don't want to make any statements or answer and questions without my lawyer present." Then say "I want my lawyer." If they continiue to ask questions you may simply not answer or say "I don't answer questions". Under the law, they are supposed to stop asking questions, but may not do so. Continue to remain silent or repeat the above phrase - "I don't answer questions." as many times as necessary. Eventually they are likely to stop. If they then arrest you, make sure that you continue to invoke the 5th amendment as above and either remain silent (preferably) or use the phrase above over and over and over, ad infinitum. Do so with each and every different officer that questions you. Don't cooperate orally in any way. If you start to answer their questions at any point, they will claim that you waived your right to remain silent and will use anything you say against you in court in whatever manner they wish, even if it is untrue or misconstrued. If you persist in refusing to answer their questions and they continue to ask additional questions, your case may be thrown out due to "official abuse of power" if the judge so finds. That is dependent on how closely the judge is tied to the "law officers" and how corrupt he is. You may ask question of the officer, however, without waiving your right to remains silent, but it would be better not to do so.
The other thing to mix in is "am I free to go?"
"Ad vitam eternam" is the right latin expression.
Other things to note - police do not need to stop asking you questions even if you invoke your 5th amendment right. It's not legal for them to do so, but there is zero accountability for unlawful police actions in this country. Also when you invoke your 5th amendment right, you need to then stop talking to police at all - not another single word. If you do speak with them at all, then they can claim in court it was once again a consensual conversation because you talked to them, and since you did not remain silent, you had revoked your 5th amendment right. You often see police with a body camera, and also using a notepad. Their notes are considered absolute, 100% fact in court, and if they were running their body camera, they will simply say it was lost, or was mistakenly deleted, so you must record every police encounter yourself, or be at the mercy of our 100% corrupt criminal justice system. Living in a police state is dangerous, so we must all learn how to protect ourselves from these "police".
You are so right and this is extremely important!. Once you formally invoke your right to remain silent, SHUTUP! If you start talking again about anything, they can say in court that you dropped your right to remain silent and then you're screwed! Keep your mouth shut (literally) no matter how they badger you or try to get you to let your guard down.
Me "I invoke the fifth amendment"
Officer "Sir you ran over a family of 5"
Goin to court...thank you for the proper help.THANK YOU
Thank you
Never talk even with a lawyer to the cops!!
Thanks for helping people with the advise . Amazing how many people will run there mouth .
True. Since they do not teach this stuff in schools, make sure you educate your family and friends on it!
@@angryagain68 they dont want you to know thats why they dont teach it and never will
@@havoknkhaos91 No shit!? I think I already covered that point.
great advice
Why in the hell do we have laws, so complicated that you must hire somebody to interpret them for you.
If laws are set up for people you shouldn't need a lawyer to explain word play.
Because if laws use loose language instead of exact language people will use loopholes and cheat the system
@@rakshay-jain 👎
thanks for your help, a true American hero
If your speeding and you did. Just be honest and tell the exact speed you were going. They know exactly what speed you were doing (within 2-3 mph), so tell them the exact speed. If you have a clean record, they'll (normally) let you off with nothing. Also, your TIME isn't wasted. Cause that's the REAL thing you can never get back.
Question - can you keep a pre-typed card in your dashboard or wallet to be handed to an officer that states "I invoke my 5th amendment rights not to speak" - in other words can the 5th be invoked in writing - or must it be verbalized?
Sage advice.
Nice Montague Dawson print , Great model of the U.S.S.Constitution !
I tried this.. it caused me to be cuffed searched and had the vehicle I was driving to be searched.
@Tami Bremmer they said.. due their training.. it shows that I was hiding something
That's because you didn't provide your driver license and proof of insurance (i'm assuming, because if it's not the case, it's a severe violation of the 5th amendment that should lead to a lawsuit).
It is better that you assert this right anyway, here is why: czcams.com/video/3xh5_5HZqWY/video.html
I invoked my right to remain silent on a traffic stop and the officer retaliated by writing my 4 citations. The reason he said he pulled me over was because I didn't have a front plate. Do I have a chance of getting all of this dismissed? I don't mind paying the $10 admin fee for the fix it ticket front plate but the rest of the charges were completely bogus.
Mark Twain said that sir
Ordinary person : I plead the 5th Amendment .
Every body on the planet : Oh, he must be innocent lol
I can't wait
Ossifer... I don’t think I could do this even if I was not stoned and sober.
I'm 51 now, and pulled over probably around 15 times for various moving violations (speeding, red lights, stop signs, mostly speeding). Never once caused an accident or had a DUI. Anyway, I've been let go without a ticket for roughly 1/3 of these cases. In each of these cases, I simply conveyed that I was in no way upset at being pulled over and I also invoked humor into the interaction by suggesting an obvious bullshit excuse and then asking him "You never heard that one before, have you?" haha, cop sees that I only get a minor moving violation once every 4 years or so, never cause accidents and lets me off.
My point is that if I just clammed up each and every time as this lawyer suggests, I most likely would not have been let off the hook in any of these cases.
@Donald Jesus Trump Holy shit, GREAT reply. I'm sorry but I've had too much to drink to reply to much of your points. PLEASE don't assume I like cops or that we even have to be nice to them with their current behavior. I dismiss nothing of what you say, they're all great points. I ONLY meant to state that SOMETIMES you can get out of a minor traffic infraction by having the right attitude and blend it with a little respect, that's ALL I meant I swear. Hahaha, I love your reply though, I'm going to read it a couple more times to take it all in.
So you are satisfied with the cop being your buddy and entertaining him with your comedy, huh??????? Keep a slush fund handy, you're going to need it.
@@phyl1283 Your reply seems strange. We're talking very petty minor traffic citations here.
@@Alaninbroomfield Yeah, this advice doesn't apply as much if you're white and look clean cut. Or if you know the officer and have a friendly relationship with him/her. For example, in my neighborhood the cops make a real effort to have a good relationship with the community, so I know them and don't clam up about basic traffic stuff. However, as my friend who's a lawyer explained to me, you're still gambling with your life in exchange for a few less tickets. If you're unlucky and they *are* looking for someone who did a serious crime, and suspect you for any reason (same vehicle, match the description, etc) answering their questions could end up getting you falsely imprisoned. It sounds ridiculous, but there are many, many cases of innocent people talking with the cops who then had that used in court against them. They got declared guilty and served years in prison before finally getting the case overturned. So just be careful, is all.
The problem is this: Most people know they don't have to speak with an officer...and many times they plainly state they won't answer questions...but at some point along the stop, they all of a sudden get Diarrhea of the Lower Lip. They start making accusations, making statements...and when the cop fires back they again state they won't answer questions...stupid...than they wonder why they get arrested...???
That's why just being quiet isn't a smart tactic. Be polite, but clearly state that you're exercising your rights. ""Do you know why I'm arresting you?" "No." "Where are you heading to tonight" "I mean no disrespect Officer, but my lawyer friend told me to exercise my right to remain silent." If they don't respect that, repeat "I know you're just doing your job, but I do not wish to answer any questions, now or at any other time, unless my lawyer is present." Then stay silent, or simply repeat that. If they keep going for more than a minute or two, try to end the encounter by asking "Am I being detained, or am I free to go?" If they ask to search you, "I know you're just doing your job, but I don't consent to be searched." Other than that, shut your mouth. Keep in mind, it is completely legal for police to lie to you, so don't let yourself be tricked by threats or promises.
@@TheGrumbliestPuppy Answering any of their questions makes you under their power. Do not speak after invoking
Good advice generally, though I’ve answered reasonable questions when I’ve been pulled over (deservedly) for speeding in the past for the simple reason that the cop has almost unlimited discretion in whether or not to give me a ticket, I don’t want a ticket, and irritating him is unlikely to yield me the warning I want.
Here's the kicker, in my opinion. You, or I for that matter, _deserve_ to be pulled over as we are doing something 'illegal', ie, speeding, swerving, spinning the rear tires...THEN I'll answer the questions, provide all needed documents, and hope for a break. AND, that's the way it has always happened with me. However, (and to be truthful, _this_ has never happened), were I to be a passenger in a car, where the driver was, or was not, doing something illegal, I don't believe I'd provide anything other than my right to remain silent. Now we get into will that get the driver a ticket? Well, if the driver was doing something foolish, maybe the driver deserves a ticket. LOL Kind of a double edged sword, right? As I stated, I've never been in that situation, but did watch a vid of that exact thing happening. The passenger even stated he was invoking his 5th Amendment right and remaining silent. The cop, who was being recorded by the passenger, all but stated, well, since your 'buddy' knows his rights, I'm towing this car.
Imma say this everytime I get pulled over.
There's all this legal advice available on CZcams, but I never get arrested. I should be falsely accused of something so I can take advantage of it.
They won't leave u alone they will mess with u more
I could not do this sober, let alone wasted.
😂😂😂
0:40 1:20
Officer i plead the fifth amendment no 2 1999 : *protection spell X activated*
so i just watched a video from another hilarious but hella smart harvard lawyer, and he said something that struck with me because WE ALL DID THIS AT ONE POINT IN LIFE.
Speeding ticket 🤣
FIRST thing officer ALWAYS ask: "do u know how fast u were going?"
And we ALL try to be A BIT honest by saying "yes i was going maybe 5 or 10km over the speedlimit" thinking our honesty will save us a ticket🤣
NOT ONLY that wont🙈
BUT YOU JUST PLEAD GUILTY TO THE OFFENCE😳!!!
This means u CANNOT CONTEST THIS IN COURT. 🥺
Dont even bother showing up at the traffic court date haha!!! The Judge will say: u plead guilty already, pay the fine.
is it applicable to foreign tourists ?
You know what, I'm going to learn how to say “ I invoke my 5th amendment privilege” in American sign language just to eff with them.
You could write it on a 3x5 card and keep it with your registration and insurance card.
When you do this you need to remember that the cops can and will find a lot of things to add to your ticket because they get butt hurt when you go to the 5th. Turn signal? Failure to yield? add 20 MPH to your speed.? So be careful. Oh if your looking for life to be fair perhaps you should stay home.
Law talk is complicating the reality, a citizen does not have to explain an innocence, at all. That is what the entire thing is about. Is just so hard to NOT talk when injustices are manifested by the Police.
No, you misunderstand. It USED to be enough to just say nothing, but a 2011 supreme court case ruled that you *must* clearly state that you wish to remain silent. It's BS, but its the law now. "I mean no disrespect officer, but my lawyer friend told me to exercise my right to remain silent." The first part isn't necessary, but it's very helpful for avoiding unnecessary escalation. If they ignore that and keep questioning you, and don't seem like they'll stop, ask "Am I being detained, or am I free to go?" If they ask to search you, "I do not consent to being searched." Other than that, shut your mouth.
Where does one get a lawyer during a police stop?
“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 offence 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.”
That is the Fifth Amendment to the Constitution of the United States. Nothing in there says you can’t be detained (on reasonable suspicion) for investigation. What it does say, is that you can’t be taken to trial without being properly charged, be tried twice for the same crime (though you can be tried, through some legal gymnastics for a different charge arising from the same circumstances), be compelled to incriminate yourself, be imprisoned without due process (not the same thing as a detention), or have your property taken for pubic use without being paid for it (not the same as forfeiture, see due process.)
So yes, plead the Fifth all you want, you can still be detained. If you’ve done something illegal, by all means, shut the hell up, but you don’t have to plead the Fifth to do that. The best way to communicate that you aren’t answering any questions is to politely say so. (Some states require you to identify yourself. That usually means giving your name.)"
Mt. Theodore Alan
"What you say can and will be used against you." So, yeah you don't need a lawyer to plead the fifth.
But what if I was pulled over as soon as I'm pulled over can I invoke the 5th then and not give them any vehicle information or a license
If the police have "reasonable suspicion" to pull you over (an easy-to-meet legal standard and lower than "probable cause", which is what they need to arrest you and take you to jail), then you must provide your driver's license and registration. _Hiibel v. Sixth Judicial District Court of Nevada_ (2004)
However, you are not obligated to say anything else -- and you shouldn't! The police will ask you questions to get you to incriminate yourself: "Do you know why I pulled you over?" "Have you had anything to drink tonight?" Don't take the bait and don't answer them. You can politely say something like "With all due respect, I prefer not to answer any questions."
______________
Update: In response to Phyl's comment (below) on my advice directly above, I will modify my advice to recommend that a person being questioned say something like "With all due respect, I'm going to assert my 5th amendment right not to answer any questions."
(That being said, I think that in the informal context of a routine traffic stop, the formal invocation of the 5th Amendment's protection against forced self-incrimination is probably not necessary. But if the cop starts asking about actual criminal matters (as opposed to just minor traffic infractions), then yes, you absolutely should mention the 5th Amendment or the Constitution when asserting your right not to answer questions.)
(Refer to my lengthy explanation below as to why the specific invocation of the 5th Amendment or the Constitution may be necessary as a result of the Supreme Court's 2013 ruling in _Salinas v. Texas.)_
Most states have laws in place where you need to display licence, registration, proof of insurance... afaik you cannot dispute the legimacy of the stop on the spot, this needs to be done in court... however, if you sit in your car which is already standing/parked, and the cops ruck up without charging you with a traffic infraction it is my understanding that you do not need to provide any ID... do not take this as legal advise, please check your local laws in order to be safe in your future dealings with LEO
@@Milesco Much too weak - and will not stand up in court as an invocation of your right to remain silent under the 5th amendment.
@@sksaddrakk5183 Typically, the law says you "must produce your license" but it does not say you have to "hand" it to the officer. You can put it and any other documentation he requets up against the window glass and let him copy the information that he needs. He won't like it if you do that and he will get much louder in his demands. You should consult the law for your state and see what the exact wording is regarding your license and how it is required to be presented to an officer. Always keep your door locked and only lower the glass about 2 or 3 inches to talk to the officer. He will tell you to lower it further but you can refuse. Telling you to lower the window to the sill is not a lawful order and is not required to communicate with the officer - and he knows it. He may demand that you do so very loudly several time, but you can refuse to do so. Some officers have been known to break the glass if you refuse, but he will be in deep shit trouble if he does and you may collect a fair sum for such action - provided you sue him and his police department in civil court. Such actions by a cop cannot be successfully defended.
@@phyl1283 that's how I understand it, as technically if you needed to hand over your papers, this would be a violation of the 4th (as I understand it)... as to rolling the window down, I think you can even let it close, as you do not have to talk to the cop and have no obligation to listen to his sermon either... (and you could avoid the 'I smell booze/weed' nonsense altogether)...
YOU HAVE NO NEED TO INVOKE SOMETHING YOU HAVE AS A RIGHT --- COPS SHOULD KNOW THAT AND PRETEND LAWYERS SHOULD AS WELL.
Many cops are drunk on "power" and don't give a damn whether you have rights and will use any threat they desire including lying to you (which is legal for them to do so) to get you to pony up a fine. They want to be promoted and get their raises so they can buy themselves and their wife a steak on Friday night.
The Feds said I had no rights!!!
This is a simple way to invoke your 6th amendment rights. Forget pleading the 5th - LEO may possibly cite you for obstruction. Here, you're not obstructing at all by asserting you are willing to answer any and all questions, but in a better way:
ME: "Hello Officer, my name is "", here is my ID, registration and proof of insurance. What is the reason for stopping me?"
LEO: Gives reason; (then asks questions, like,) "where are you headed?"
ME: I will answer all of your questions. Please write them down and I'll bring the list to my attorney. We'll go over them before trial and return answers if applicable. :) #haveaniceday
I suggest finding the statute which provides what obtruction means and work around that. Better yet, print off the statute an carry it in your car or in your pocket. That way if they say you're obstructing you have the definition of what the state claims obstructing is. Otherwise plead the Fifth.
Never forget the 5th. It is your first and most important right after the 1st amendment. The 2nd 4th and 6th are also important, but not moreso than the 1st and 5th.
Just as a matter of correctness, you do not "plead" the 5th to a cop, you "invoke" it by telling him why you are not going to answer any of the question he may ask. Pleas are made in court not on the side of a road.
Armchair lawyers are worth every penny they charge - NONE. Real Shit, please note.
Shouldn't given them any information like a driver license and insurance or registration also should be part of pleading the fifth? Information on paper can also be used against you.
most states have laws in place that you need to provide these documents. LEO need to have RAS/PC that a crime has been commited, is being committed or about to be committed, in order for you to ID yourself... I guess in this context traffic violations are considered 'crimes'... I suspect most information they probably can get anyway by running your tag. what info do you think could be on the papers which would incriminate you?
Does this apply with ALL traffic stops, even when you're innocent?
yes
Especially if you are innocent. Look up "Don't talk to the police" on youtube. It's a 45 minute lecture to STFU by a law professor and a veteran cop.
But do you sign the ticket ???
Make an "X" and hand it back to the officer. He cannot refuse to accept it.
FIF
Not sure I want to take advice from someone who misspells "Amendment" in the video.
Well, it's spelled right in the video. Just not in the CZcams title...
Or, you know, just don't talk except to provide your name and date of birth, if required.
go through the routine like a POW: Name, rank, DOB, rinse and repeat
At a check point I got arrested booked and refuses breathalyzer..registry of motor vehicle took my license. Can you help get it back
So, does this mean, that if you’re pulled over for speeding, that you should plead the fifth?
Janet, I just made a comment saying if you get pulled over for speeding and you have a good driving record. Just be honest and tell them the exact speed you think you were going. Maybe add 2 mph to your speed. It let's them know your on the up an up. Which is a surprise to them and they love it. I've never gotten a speeding ticket 👌👌But if you got TIME to give up in life. Plead the fifth right away and you could be there for HOURS. Maybe jail. I cannot give my TIME to them ever!
Script for getting pulled over:"Here are my papers, everything on those documents is accurate/up to date. I INVOKE MY 5TH AMENDMENT RIGHT TO REMAIN SILENT for any question/comment from the officer besides handing over documents.
yes basically yes, write me a ticket and let me go, that's it
in my opinion no. if the cop is not a complete douche, and you werent speeding by much then youll probably be able to talk your way out of the ticket. if you invoke the fifth the cop is just gonna go "you dont wanna talk? heres a ticket". you should only invoke the fifth if youre being accused of a serious crime
Is the invoker then liable to pay for an attorney ?
willieallen80@wearelegalshield.com
Yes, but not if you don't hire one to defend you. You may appear in court for the offense and tell the judge that you don't have an attorney and you would like to have the case "continued" until you hire one. This request is seldom denied. You can then consult an attorney (usually free for a 15 minute consultation) to see whether you want to be defended by someone who "knows the law." The attorney may tell you that it will be cheaper to pay the fine and let it go or he may see that there is some duress that you were subjected to and advise you to defend your self. An attorney may charge you a fair sum to defend you, but if the cop went overboard in his actions, you may have a valid suit against the cop and his department for which a civil court judge will officiate and rule in your favor for a fair sum, part of which goes to the lawyer. Not every case results in a judgement against the cop and it is something of a gamble to sue for damages.
Is that the right of a citizen?
Spelled "amendment." 🙄
Audio evidence won't hold up will it?
I really couldn't say. But it should be well known that to record the police means to use a camera that records BOTH video and sound.
If a judge ask u where u driving can u plead the 5th
Yeah. But also why would a judge ask you where you’re driving?
Proverbs
What he want to identify you...and you say I want to invoke the amendemend...some cops are ignorant or egoistic take it might take personally twiat the things and somehow arrest you for disobeying orders or disorderly conduct .....so I think we need to be prepared worst cAr scenario when you want to talk law points
Better to shut up when you've been caught because THEY may screw up and you'll get away with it.
Great legal advice.
I got the remedy on my page people.
Can tourists also evoke the 5th? or non citizens
ya'll i'm from australia..we don' thave these rules. In australia, if the cops has reasonable suspicion they can search you, they can force you to take a breathanalyser etc..
@@siddraj7868- Subjects of the British monarch, even if only in form, have no rights other than those that the sovereign or Parliament are pleased to grant. The roads are private property of the monarch, as is all of the land, water and air that the monarch is capable of exercising power over.
This is part of what the American War of Independence (secession) was about.
Even though most of the overseas territories of Great Britain were granted autonomy by the Crown, their governments continue to operate by the traditions long established in the Empire. Your Parliaments have Prime Ministers, which earlier mean “Chief Servant to His(Her) Royal Majesty.”
@@siddraj7868- In the USA the cops aren't allowed to force you to cooperate with a breathalyzer but if you refuse to cooperate your driving “privilege” is suspended for six months or for a year depending on what state you’re in. They can, and usually will, detain you and take you to a medical facility to take, by force if necessary, a blood sample. Many police agencies have mobile laboratory vans with licensed medical personnel who will take a blood sample on the scene. No warrant is required, only reasonable suspicion of DWI (Driving While Impaired) which can be due to alcohol, drugs (legal or illegal), or even fatigue or sleepiness.
Yes. All persons within the jurisdiction of the United States or of any of the states have the same rights as citizens. Certain “rights” such as voting are statutory privileges, not constitutional rights. Non-citizens have special rights that have no relevance for citizens, such as the right to contact the alien’s Embassy.
the word is INVOKE not evoke, dumbass.
Btw its the Holy Bible that says better to be silent
This is not the correct advice.
When pulled over by the police you should follow these simple steps:
1. When the officer asks you for your license and registration, quickly reach into your glove box and take out the papers in a one swift motion. Remember you don't want to be wasting the officer's time. The sudden the movement is the better. It shows the officer that you value his time.
2. When asked whether you have any guns in the car, pull it out from its location in a swift motion and REMEMBER to keep your finger on the trigger to demonstrate that you are a responsible citizen. Point it at the officer to let him know that you understand the safety regulations.
3. When all is done, either speedily drive away from the officer so that he doesn't have to drive behind you or wait for him to pass you buy and tailgate him to show that you don't want an unfamiliar car behind him.
Completely wrong, the only things you're legally required to do is providing your driver license and proof of insurance ONLY if the stop is lawful.
From example, if the officer pull you over for suspicious activity without stating the crime, it is unlawful, therefore, you ca request a sergent.
I indeed don't value the time of someone that doesn't value mine and believe the badge gave him extra right.
Great advice for the guilty only
Dumb comment
Tell that to the child who talked to the police, such as the young child who falsely confessed under duress to the police. The child was convicted of murder. It took him three years to be exonerated for actual innocence.
I just got pulled over with 50 kilograms of MDMA powder in my car. What should I do?
The driver license system is a scam. The burden of proof that you are incompetent to drive a personal motor vehicle upon the public roads is supposed to be on the government, not on the driver.
The driver is required to prove that he has permission from his public servants to exercise his constitutional right to drive his motor vehicle upon the public roads, and that he has paid the exercise-of-his- constitutional-right tax is unconstitutionally placed upon the motorist.
The public has been indoctrinated that driving one’s personal motor vehicle upon the public roads is a mere privilege granted at the pleasure of the legislature. The US Supreme Court and the supreme courts of a number of states have ruled that driving a motor vehicle upon the public roads is a right protected by the federal and state constitutions. This right is subject to reasonable regulation with a view to promote the public safety (“rules of the road”).
Commercial use of (conducting business upon) the public roads is subject to licensing, fees and taxation along with regulation appropriate for the type of vehicle and use.
#FACTS...TITLE 18 SUB SECTION 31
Rule one : Be polite,hand over ID and shut up....That's it.Just SHUT THE FUCK UP.You don't have to say a word to any officer at any time for any reason.Anything you say is nails in your coffin.Always have an attorney card attached to your ID and point to the rights attached as you hand over the ID.Never open your mouth ever .
You are WRONG on invoking. If you HAVE to invoke the right then the right does not exist, hence, it would be a contradiction.
The supreme never held such a ruling. The supreme court would never make such a ruling. You say they did, provide the cite.
Supreme Court ruling 2010 in the case of Berghuis v. Thompkins -- was an extension of the logic in a previous case that said a suspect must affirmatively assert his right to counsel. Suspect Thompkins said nothing, police continued to question him until he said one word, a 'yes' answer to 'do you believe in God' At a follow-up question -- "Do you pray to God to forgive you for shooting that boy down?" -- Thompkins answered "Yes" and looked away. This was enough to convict him and the defence was that he had the right to silence and questioning should have stopped. The SC ruled that he had to invoke his right to silence, not simply remain silent.
I love it when people that know nothing about the law, provide a cite from the court, which is out of context to the point at hand. The reason the SC held that decision, post, is because the defendant already waived his right to remain silent. Not only that, the defendant made an entire statement to the police. If he would have remained silent, truly silent, he might have even been acquitted, who knows.
Regardless, the SC would never rule a clean silence as been null and void. They never have and never will. As I said initially, he is absolutely wrong on invoking.
Dan Tuttle - The Salinas ruling was born out of facts not represented in the overall point that you DO NOT need to invoke the 5th. You obviously don't understand the law. The Salinas ruling is the result of him waving his right and then later trying to assert it in hindsight.And you have the audacity to tell ME to learn? I bet you searched the internet looking for a SC case to support your naïve position because of rumors and internet BS you assumed was true. Yes?Don't be naïve. The SC has never, would never and will never hold that silence born out of purity, is not valid. Are you insane?
@@blow56- He didn't stay silent. He flapped his yap.
It is cheaper and less time consuming by just paying the traffic ticket on time and cooperate with the Police ..... Lawyers get rich off delusional people that think they can beat the system .. Even if you win , you lose to the Lawyers fees .. A friend of mine found out the hard way .. He said if there is a next time he will just cooperate with Police and accept the ticket and pay it ..
Bootlicker!
@@CanIbeWithThee- Hope you enjoy going to jail and having to buy your car back from the tow-in lot. Over and over again. If you're going to make a hobby of this, pick one county and never go outside that county at the wheel of a motor vehicle. If you really really know your law stuff and the rules of court procedure in that one county, the cops will arrest you over and over again. The prosecutor will carry it all the way to just before a jury is chosen, then drop the charges (all 10-12 of them) “in the interest of economy of the court,” “in the interest of justice,” or similar 🐂💩.
I have known three guys who persistently and continually did this. Two died of old age diseases while their state supreme court sat on their cases. The other is still at it. Recently slipped up on some detail and did several months in the pokey.
The cops and the DA can make mistake after mistake - that's OK. You make one tiny little error, or a fly 💩s where a period or comma changes the meaning of your legal writings: Y.O.U L.O.S.E. Off to the county hotel with you.
You shouldn’t have to invoke something that is your right. You just do it.
Not Lincoln or the Egyptians. The Bible. “Even a fool when he keeps silent is considered wise”....proverbs 17:28.
Also you have to use it correctly. If you use it like these sovereign idiots do, incorrectly, you further make yourself look guilty. I'm not saying that there's not a right time to plead. Because there is. I'm talking about using it for something simple like an officer simply identifying you for a mere speeding ticket, broken light, etc. Example of using it the right way: if you are borrowing a friend's car and it gets flagged in something you are not a part of. But the main thing is just freaking comply with the basic stuff (greeting, license, etc.) Because if the vehicle is flagged for something you're not a part of and they run your ID, they will see you have no criminal history and they will be able to perceive that you are innocent and are not a part of what's going on and will even either give you a ride if the vehicle is seized or go out of their way to help. Not all cops are bad. I was a military cop. There were times we bent over backwards for people who complied so they wouldn't get into trouble.
I’m a former cop, and I estimate that about half of the cops are bad. The other half, while good people, are ”bad” in the sense that the system is set up where the good cops must overlook most of the bad cops, or ”it won't go so good for them.” We see it time and again where the good cop gets punished for exposing the bad cop.
The presentation is accurate, but it is a big mistake for an attorney to let their client talk to the police even if the attorney is present.
@@quacks2much oh no no. I was pointing out the morons who plead the 5th when getting pulled over for speeding, broken tail light, etc. very minor crap. And if something you have is flagged as part of something else, for example, I just mean don't be an ass to the cop. Just be respectful
@@crazyman7671 I could care less about looking guilty, because most cops assume you are guilty. They also assume that even if you are not guilty, you were guilty of something just as bad or worse in the past but were ”just not caught yet.” I was a cop for about a week when an experienced cop told me it is ok to lie about an illegal search, because if the illegal search finds contraband, the suspect was guilty anyway. That is their moral rationaliztion for lying and breaking the law. Another rationale I heard for cops breaking the law is that judges coddle criminals, so fudging the facts to make the crime worse is justified. Other things include a cop who stole property from serious traffic accidents. One bunch ate ham sandwiches, stolen from a refrigerator during a search warrant. Another cop told me he was going to open beer cans and bottles so he could write open container tickets.
I watched a movie a few decades or so ago. The police were after a bad guy, and they couldn't catch him doing the bad stuff. They finally caught him with unreported cash of $9,999. The cops were all upset that they didn't catch him with the $10,000 that they needed to make it illegal. Finally, one of the cops threw in his own dollar and they arrested the guy for a felony.
That is actually the way cops think. If the suspect is somebody they think is guilty or is a bad guy, they will lie and fudge the facts for a conviction.
When I was a cop, many of us actually cared for those we served. I have noticed a huge change in today's cops for the worse, although I don't know why.
I joined the police department because I wanted to verify if they were as crooked as I thought. Some things are myth, but I was shocked at how crooked many cops are.
@@crazyman7671 Asserting a Constitutional right is not being a ”moron.” Morons and non-morons are both entitled to assert Constitutional rights. Trump almost certainly asserted the right to silence. I think Trump is a moron, but I support his and everyone’s else’s right to assert constitutional rights. Not knowing how to effectively assert a constitutional right is a sign of ignorance.**
I strongly advocate everyone calmly assert their constitutional rights. As a former cop, I know most people are ignorant of their constitutional rights. (See the book, ”You Have the Right to Remain Innocent.”) It’s a small, easily understood book, for about $6. I disagree with a couple of things in it (such as talking to the police on a traffic stop), but if you follow it's advice, you will not be ahead of ”99%” of everyone else. See, www.vice.com/en/article/mvkgnp/law-professor-police-interrogation-law-constitution-survival
Constitutional rights are meant to protect the innocent. Other procedures are meant to ”catch criminals,” such as arrest and search warrants, and police investigations (such as stakeouts, finding and interviewing witnesses, forensic investigation, etc.).
We need to quit badmouthing constitutional rights. They protect the innocent.
**Being ignorant is not an insult in this context, because everyone is ignorant about something. Being an ignoramus may be an insult, but not ignorance unless it is from willful blindness.
@@quacks2much way off the mark of what I was talking about. Can see this is going nowhere. I was talking about the sovereign citizens using stuff like this at the wrong times. But, oh well. 🤦♂️ ✌out.
That dont work for black males sir.
Have you tried nigga? Those motherfuckers have to respect your constitutional rights! You have the right to invoke the 5th.
@@Rolando_Cueva We are still considered 3/5th's of a man. So, the constitution doesn't apply to us.
This is a simple way to invoke your 6th amendment rights. Forget pleading the 5th - LEO may possibly cite you for obstruction. Here, you're not obstructing at all by asserting you are willing to answer any and all questions, but in a better way:
ME: "Hello Officer, my name is "", here is my ID, registration and proof of insurance. What is the reason for stopping me?"
LEO: Gives reason; (then asks questions, like,) "where are you headed?"
ME: I will answer all of your questions. Please write them down and I'll bring the list to my attorney. We'll go over them before trial and return answers if applicable. :) #haveaniceday