Depending on the circumstances, a subject should also invoke their 4th amendment rights. So, your response to law enforcement questions would go something like this: "I will not answer any questions and want to consult an attorney before proceeding any further. I do not consent to any warrantless searches." At which point, all questioning must stop
They must stop questioning, but they can still talk amongst themselves in front of you and make statements. They may try to rattle you by talking to themselves asserting your guilt.
Great video. Very interesting to learn details about this case. I wonder what would happen if you simply stood mute for the duration of any contact with police? I've heard this case cited as the reason why you shouldn't do that, but it seems like what got Salinas in trouble was his selective use of silence. I suppose if you treated the police with complete silence the prosecution would argue that's somehow an admission of guilt, but your defense would argue that it's quite literally an admission of nothing. Either way I completely agree with the dissenting judges. If what you DON'T say can be used against you in court that can only mean you are, at least at some point, being presumed guilty.
This is a perfect example on why you should never talk to the police under any circumstance! Invoke your 5th Amendment, request a lawyer, and let them do whatever it is they are going to do, you can’t stop them anyway. The time to fight is not out there on the street, it is when you have a lawyer and the lawyer is fighting/talking for you; that’s what they do.
First of all, the defendant should have never accepted to be in a interrogation room with the police, second mistake is that he never invoked his 5th amendment right and ask for an attorney immediately.
"You have the right to remain silent, anything you say can and will be used against you in a court of law." You have to follow the meaning of Miranda. It does not include," If you choose to remain silent, that can be used against you also." The Justices have mocked the constitution and should hang if they change the meanings. By the way, it Is not illegal to treat cops like garbage when they violate rights and act unprofessional. Why are the prison's so full in America? Someone was disrespecting a cop. Research malicious prosecution, it is and has rapidly increased in America.
Please answer me this however; what if instead of being silent, what if she had evoked her right to an attorney. If during the non-custodial interrogation she said "I think I'm done talking without an attorney" and the officer clarifies that she doesn't want to continue without her attorney and she confirms that's what she said, but the officer still continues to ask questions?
Is all this only relevant in the USA, or also in the UK/Commonwealth countries that have British legal System, as the pictures of UK Police force members imply?
Depending on the circumstances, a subject should also invoke their 4th amendment rights. So, your response to law enforcement questions would go something like this:
"I will not answer any questions and want to consult an attorney before proceeding any further. I do not consent to any warrantless searches."
At which point, all questioning must stop
And if they don’t stop you can file a civil lawsuit.
They must stop questioning, but they can still talk amongst themselves in front of you and make statements. They may try to rattle you by talking to themselves asserting your guilt.
Great video. Very interesting to learn details about this case. I wonder what would happen if you simply stood mute for the duration of any contact with police? I've heard this case cited as the reason why you shouldn't do that, but it seems like what got Salinas in trouble was his selective use of silence. I suppose if you treated the police with complete silence the prosecution would argue that's somehow an admission of guilt, but your defense would argue that it's quite literally an admission of nothing. Either way I completely agree with the dissenting judges. If what you DON'T say can be used against you in court that can only mean you are, at least at some point, being presumed guilty.
This is a perfect example on why you should never talk to the police under any circumstance! Invoke your 5th Amendment, request a lawyer, and let them do whatever it is they are going to do, you can’t stop them anyway. The time to fight is not out there on the street, it is when you have a lawyer and the lawyer is fighting/talking for you; that’s what they do.
Any person has the freedom to interperate the silence of any other person any way they wish. Even if the silent individual is thinking about lunch.
First of all, the defendant should have never accepted to be in a interrogation room with the police, second mistake is that he never invoked his 5th amendment right and ask for an attorney immediately.
When I've watched and listened to all these cop stops on tv or RUclips I just squirm and yell (RUclips sanitized version: stop talking you idiot).
"You have the right to remain silent, anything you say can and will be used against you in a court of law." You have to follow the meaning of Miranda. It does not include," If you choose to remain silent, that can be used against you also." The Justices have mocked the constitution and should hang if they change the meanings. By the way, it Is not illegal to treat cops like garbage when they violate rights and act unprofessional. Why are the prison's so full in America? Someone was disrespecting a cop. Research malicious prosecution, it is and has rapidly increased in America.
Many people will see this video after Kyle Rittenhouse trial and how hard the judge yelled at the lawyer LOL
Excellent video. Very interesting, informative and worthwhile video. A must see video for everyone.
Much appreciated!
We don't have to "invoke" our rights. They are automatically entitled
Wrong!!!!!!
Lehto's Law did a great video on this exact topic.
I thought you kept saying TAXES not Texas.
Please answer me this however; what if instead of being silent, what if she had evoked her right to an attorney. If during the non-custodial interrogation she said "I think I'm done talking without an attorney" and the officer clarifies that she doesn't want to continue without her attorney and she confirms that's what she said, but the officer still continues to ask questions?
And she can continue to remain SILENT, regardless of what the police say.
I would assume that the police would keep asking questions after you invoke your right to remain silent.
It's on you to not cave.
Let em talk...
He never chose to remain silent if he answered questions
You can invoke the right at any time.
Is all this only relevant in the USA, or also in the UK/Commonwealth countries that have British legal System, as the pictures of UK Police force members imply?
No link or anything 2yrs later?
Video just stops and loads forever, no other video does this.